As Reported by the Senate Highways                   2            

                  and Transportation Committee                     2            

123rd General Assembly                                             5            

   Regular Session                                  S. B. No. 271  6            

      1999-2000                                                    7            


               SENATORS WACHTMANN-SPADA-ARMBRUSTER                 9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 4507.10 and 4507.11 of the Revised  13           

                Code to provide that persons who successfully      14           

                complete a course of basic instruction provided    15           

                by the motorcycle safety and education program     17           

                not be required to drive a motorcycle under the    18           

                supervision of an examining officer in order to    19           

                obtain a motorcycle operator's endorsement or a                 

                restricted license that permits only the           20           

                operation of a motorcycle.                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 4507.10 and 4507.11 of the         24           

Revised Code be amended to read as follows:                        25           

      Sec. 4507.10.  (A)  The EXCEPT AS PROVIDED IN SECTION        38           

4507.11 OF THE REVISED CODE, THE registrar of motor vehicles       39           

shall examine every applicant for a temporary instruction permit,  40           

driver's license, or motorcycle operator's endorsement before      42           

issuing any such permit, license, or endorsement.                  44           

      (B)  Except as provided in section 4507.12 of the Revised    46           

Code, the registrar may waive the examination of any person        47           

applying for the renewal of a driver's license or motorcycle       48           

operator's endorsement issued under this chapter, provided that    49           

the applicant presents either an unexpired license or endorsement  50           

or a license or endorsement which has expired not more than six    51           

months prior to the date of application.                           52           

      (C)  The registrar may waive the examination of any person   54           

                                                          2      


                                                                 
applying for the renewal of such a license or endorsement who is   55           

on active duty in the armed forces of the United States or in      57           

service with the peace corps, volunteers in service to America,    58           

or the foreign service of the United States if the applicant has   59           

no physical or mental disabilities that would affect the           60           

applicant's driving ability, had a valid Ohio driver's or          61           

commercial driver's license at the time the applicant commenced    63           

such active duty or service, and the applicant's license is not    64           

under suspension or revocation by this state or any other          65           

jurisdiction.  The registrar also may waive the examination of     66           

the spouse or a dependent of any such person on active duty or in               

service if the applicant has no physical or mental disabilities    67           

that would affect his THE APPLICANT'S driving ability, was an      69           

Ohio licensee at the time the person commenced the active duty or  70           

service, and if the person's active duty caused the spouse or                   

dependent to relocate outside of this state during the period of   71           

the active duty or service.                                        72           

      (D)  Except as provided in section 4507.12 of the Revised    74           

Code, the registrar may waive the examination of any person        75           

applying for such a license or endorsement who meets any of the    76           

following sets of qualifications:                                  77           

      (1)  Has been on active duty in the armed forces of the      80           

United States, presents an honorable discharge certificate         81           

showing that the applicant has no physical or mental disabilities  82           

that would affect the applicant's driving ability, had a valid     84           

Ohio driver's or commercial driver's license at the time the       86           

applicant commenced his THE APPLICANT'S active duty, is not under  87           

a license suspension or revocation by this state or any other      88           

jurisdiction, and makes the application not more than six months   89           

after the date of discharge or separation;.                        91           

      (2)  Was in service with the peace corps, volunteers in      93           

service to America, or the foreign service of the United States;   94           

presents such evidence of his THE APPLICANT'S service as the       95           

registrar prescribes showing that the applicant has no physical    97           

                                                          3      


                                                                 
or mental disabilities that would affect THE applicant's driving   98           

ability; had a valid Ohio driver's or commercial driver's license  100          

at the time the applicant commenced his THE APPLICANT'S service,   102          

is not under a license suspension or revocation by this state or   103          

any other jurisdiction, and makes the application no more than     104          

six months after leaving the peace corps, volunteers, or foreign   105          

service.                                                                        

      (3)  Is the spouse or a dependent of a person on active      107          

duty in the armed forces of the United States, or in service with  108          

the peace corps, volunteers in service to America, or the foreign  109          

service of the United States; presents such evidence as the        110          

registrar prescribes showing that the applicant has no physical    111          

or mental disabilities that would affect his driving ability;                   

presents such evidence as the registrar prescribes showing that    112          

the applicant relocated outside of Ohio as a result of the         113          

person's active duty or service; was an Ohio licensee at the time  114          

of the relocation; and makes the application not more than six     115          

months after returning to Ohio.                                                 

      Sec. 4507.11.  (A)  The registrar of motor vehicles shall    124          

conduct all necessary examinations of applicants for temporary     125          

instruction permits, drivers' licenses, or motorcycle operators'   127          

endorsements.  The examination shall include a test of the         128          

applicant's knowledge of motor vehicle laws, including the laws    129          

on stopping for school buses, a test of the applicant's physical   130          

fitness to drive, and a test of the applicant's ability to         132          

understand highway traffic control devices.  The examination may   133          

be conducted in such a manner that applicants who are illiterate   134          

or limited in their knowledge of the English language may be       135          

tested by methods that would indicate to the examining officer     136          

that the applicant has a reasonable knowledge of motor vehicle     137          

laws and understands highway traffic control devices.  An          138          

applicant for a driver's license shall give an actual              139          

demonstration of the ability to exercise ordinary and reasonable   140          

control in the operation of a motor vehicle by driving the same    142          

                                                          4      


                                                                 
under the supervision of an examining officer.  An EXCEPT AS       143          

PROVIDED IN DIVISION (B) OF THIS SECTION, AN applicant for a       144          

motorcycle operator's endorsement OR A RESTRICTED LICENSE THAT     146          

PERMITS ONLY THE OPERATION OF A MOTORCYCLE shall give an actual    148          

demonstration of the ability to exercise ordinary and reasonable   150          

control in the operation of a motorcycle by driving the same       151          

under the supervision of an examining officer.  Except as          152          

provided in section 4507.12 of the Revised Code, the registrar     153          

shall designate the highway patrol or any law enforcement body to  154          

supervise and conduct examinations for temporary instruction       155          

permits, drivers' licenses, and motorcycle operators'              157          

endorsements and shall provide the necessary rules and forms to    158          

properly conduct the examinations.  The records of the             159          

examinations, together with the application for a temporary        161          

instruction permit, driver's license, or motorcycle operator's     162          

endorsement, shall be forwarded to the registrar by the deputy     163          

registrar, and, if in the opinion of the registrar the applicant   164          

is qualified to operate a motor vehicle, the registrar shall       165          

issue the permit, license, or endorsement.                         167          

      The registrar may authorize the highway patrol or other      169          

designated law enforcement body to issue an examiner's driving     170          

permit to an applicant who has passed the required examination,    171          

authorizing that applicant to operate a motor vehicle while the    173          

registrar is completing an investigation relative to that          175          

applicant's qualifications to receive a temporary instruction      176          

permit, driver's license, or motorcycle operator's endorsement.    178          

The examiner's driving permit shall be in the immediate            179          

possession of the applicant while operating a motor vehicle and    180          

shall be effective until final action and notification has been    181          

given by the registrar, but in no event longer than sixty days     182          

from its date of issuance.                                                      

      (B)(1)  AN APPLICANT FOR A MOTORCYCLE OPERATOR'S             184          

ENDORSEMENT OR A RESTRICTED LICENSE THAT PERMITS ONLY THE          185          

OPERATION OF A MOTORCYCLE WHO PRESENTS TO THE REGISTRAR OF MOTOR   186          

                                                          5      


                                                                 
VEHICLES OR A DEPUTY REGISTRAR A FORM APPROVED BY THE DIRECTOR OF  187          

PUBLIC SAFETY ATTESTING TO THE APPLICANT'S SUCCESSFUL COMPLETION   189          

WITHIN THE PRECEDING SIXTY DAYS OF A COURSE OF BASIC INSTRUCTION   190          

PROVIDED BY THE MOTORCYCLE SAFETY AND EDUCATION PROGRAM APPROVED   192          

BY THE DIRECTOR PURSUANT TO SECTION 4508.08 OF THE REVISED CODE    193          

SHALL NOT BE REQUIRED TO GIVE AN ACTUAL DEMONSTRATION OF THE       194          

ABILITY TO OPERATE A MOTORCYCLE BY DRIVING A MOTORCYCLE UNDER THE  196          

SUPERVISION OF AN EXAMINING OFFICER, AS DESCRIBED IN DIVISION (A)  197          

OF THIS SECTION.  UPON PRESENTATION OF THE FORM DESCRIBED IN       198          

DIVISION (B)(1) OF THIS SECTION AND COMPLIANCE WITH ALL OTHER      199          

REQUIREMENTS RELATING TO THE ISSUANCE OF A MOTORCYCLE OPERATOR'S   200          

ENDORSEMENT OR A RESTRICTED LICENSE THAT PERMITS ONLY THE          201          

OPERATION OF A MOTORCYCLE, THE REGISTRAR OR DEPUTY REGISTRAR       202          

SHALL ISSUE TO THE APPLICANT THE ENDORSEMENT OR RESTRICTED         203          

LICENSE, AS THE CASE MAY BE.                                       204          

      (2)  A PERSON WHO HAS NOT ATTAINED EIGHTEEN YEARS OF AGE     206          

AND PRESENTS AN APPLICATION FOR A MOTORCYCLE OPERATOR'S            207          

ENDORSEMENT OR A RESTRICTED LICENSE UNDER DIVISION (B)(1) OF THIS  208          

SECTION ALSO SHALL COMPLY WITH THE REQUIREMENTS OF SECTION         209          

4507.21 OF THE REVISED CODE.                                                    

      Section 2.  That existing sections 4507.10 and 4507.11 of    211          

the Revised Code are hereby repealed.                              212          

      Section 3.  Sections 1 and 2 of this act shall take effect   214          

January 1, 2001.                                                                

      Section 4.  Section 4507.10 of the Revised Code is           216          

presented in this act as a composite of the section as amended by  217          

Am. Sub. S.B. 35 of the 122nd General Assembly and Sub. S.B. 96    218          

of the 120th General Assembly, with the new language of neither    220          

of the acts shown in capital letters.  This is in recognition of   221          

the principle stated in division (B) of section 1.52 of the        222          

Revised Code that such amendments are to be harmonized where not   223          

substantively irreconcilable and constitutes a legislative         224          

finding that such is the resulting version in effect prior to the  225          

effective date of this act.