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
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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
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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
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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.