As Passed by the Senate 1
123rd General Assembly 4
Regular Session S. B. No. 271 5
1999-2000 6
SENATORS WACHTMANN-SPADA-ARMBRUSTER 8
_________________________________________________________________ 10
A B I L L
To amend sections 4507.10 and 4507.11 of the Revised 12
Code to provide that persons who successfully 13
complete a course of basic instruction provided 14
by the motorcycle safety and education program 16
not be required to drive a motorcycle under the 17
supervision of an examining officer in order to 18
obtain a motorcycle operator's endorsement or a
restricted license that permits only the 19
operation of a motorcycle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 4507.10 and 4507.11 of the 23
Revised Code be amended to read as follows: 24
Sec. 4507.10. (A) The EXCEPT AS PROVIDED IN SECTION 37
4507.11 OF THE REVISED CODE, THE registrar of motor vehicles 38
shall examine every applicant for a temporary instruction permit, 39
driver's license, or motorcycle operator's endorsement before 41
issuing any such permit, license, or endorsement. 43
(B) Except as provided in section 4507.12 of the Revised 45
Code, the registrar may waive the examination of any person 46
applying for the renewal of a driver's license or motorcycle 47
operator's endorsement issued under this chapter, provided that 48
the applicant presents either an unexpired license or endorsement 49
or a license or endorsement which has expired not more than six 50
months prior to the date of application. 51
(C) The registrar may waive the examination of any person 53
applying for the renewal of such a license or endorsement who is 54
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on active duty in the armed forces of the United States or in 56
service with the peace corps, volunteers in service to America, 57
or the foreign service of the United States if the applicant has 58
no physical or mental disabilities that would affect the 59
applicant's driving ability, had a valid Ohio driver's or 60
commercial driver's license at the time the applicant commenced 62
such active duty or service, and the applicant's license is not 63
under suspension or revocation by this state or any other 64
jurisdiction. The registrar also may waive the examination of 65
the spouse or a dependent of any such person on active duty or in
service if the applicant has no physical or mental disabilities 66
that would affect his THE APPLICANT'S driving ability, was an 68
Ohio licensee at the time the person commenced the active duty or 69
service, and if the person's active duty caused the spouse or
dependent to relocate outside of this state during the period of 70
the active duty or service. 71
(D) Except as provided in section 4507.12 of the Revised 73
Code, the registrar may waive the examination of any person 74
applying for such a license or endorsement who meets any of the 75
following sets of qualifications: 76
(1) Has been on active duty in the armed forces of the 79
United States, presents an honorable discharge certificate 80
showing that the applicant has no physical or mental disabilities 81
that would affect the applicant's driving ability, had a valid 83
Ohio driver's or commercial driver's license at the time the 85
applicant commenced his THE APPLICANT'S active duty, is not under 86
a license suspension or revocation by this state or any other 87
jurisdiction, and makes the application not more than six months 88
after the date of discharge or separation;. 90
(2) Was in service with the peace corps, volunteers in 92
service to America, or the foreign service of the United States; 93
presents such evidence of his THE APPLICANT'S service as the 94
registrar prescribes showing that the applicant has no physical 96
or mental disabilities that would affect THE applicant's driving 97
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ability; had a valid Ohio driver's or commercial driver's license 99
at the time the applicant commenced his THE APPLICANT'S service, 101
is not under a license suspension or revocation by this state or 102
any other jurisdiction, and makes the application no more than 103
six months after leaving the peace corps, volunteers, or foreign 104
service.
(3) Is the spouse or a dependent of a person on active 106
duty in the armed forces of the United States, or in service with 107
the peace corps, volunteers in service to America, or the foreign 108
service of the United States; presents such evidence as the 109
registrar prescribes showing that the applicant has no physical 110
or mental disabilities that would affect his driving ability;
presents such evidence as the registrar prescribes showing that 111
the applicant relocated outside of Ohio as a result of the 112
person's active duty or service; was an Ohio licensee at the time 113
of the relocation; and makes the application not more than six 114
months after returning to Ohio.
Sec. 4507.11. (A) The registrar of motor vehicles shall 123
conduct all necessary examinations of applicants for temporary 124
instruction permits, drivers' licenses, or motorcycle operators' 126
endorsements. The examination shall include a test of the 127
applicant's knowledge of motor vehicle laws, including the laws 128
on stopping for school buses, a test of the applicant's physical 129
fitness to drive, and a test of the applicant's ability to 131
understand highway traffic control devices. The examination may 132
be conducted in such a manner that applicants who are illiterate 133
or limited in their knowledge of the English language may be 134
tested by methods that would indicate to the examining officer 135
that the applicant has a reasonable knowledge of motor vehicle 136
laws and understands highway traffic control devices. An 137
applicant for a driver's license shall give an actual 138
demonstration of the ability to exercise ordinary and reasonable 139
control in the operation of a motor vehicle by driving the same 141
under the supervision of an examining officer. An EXCEPT AS 142
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PROVIDED IN DIVISION (B) OF THIS SECTION, AN applicant for a 143
motorcycle operator's endorsement OR A RESTRICTED LICENSE THAT 145
PERMITS ONLY THE OPERATION OF A MOTORCYCLE shall give an actual 147
demonstration of the ability to exercise ordinary and reasonable 149
control in the operation of a motorcycle by driving the same 150
under the supervision of an examining officer. Except as 151
provided in section 4507.12 of the Revised Code, the registrar 152
shall designate the highway patrol or any law enforcement body to 153
supervise and conduct examinations for temporary instruction 154
permits, drivers' licenses, and motorcycle operators' 156
endorsements and shall provide the necessary rules and forms to 157
properly conduct the examinations. The records of the 158
examinations, together with the application for a temporary 160
instruction permit, driver's license, or motorcycle operator's 161
endorsement, shall be forwarded to the registrar by the deputy 162
registrar, and, if in the opinion of the registrar the applicant 163
is qualified to operate a motor vehicle, the registrar shall 164
issue the permit, license, or endorsement. 166
The registrar may authorize the highway patrol or other 168
designated law enforcement body to issue an examiner's driving 169
permit to an applicant who has passed the required examination, 170
authorizing that applicant to operate a motor vehicle while the 172
registrar is completing an investigation relative to that 174
applicant's qualifications to receive a temporary instruction 175
permit, driver's license, or motorcycle operator's endorsement. 177
The examiner's driving permit shall be in the immediate 178
possession of the applicant while operating a motor vehicle and 179
shall be effective until final action and notification has been 180
given by the registrar, but in no event longer than sixty days 181
from its date of issuance.
(B)(1) AN APPLICANT FOR A MOTORCYCLE OPERATOR'S 183
ENDORSEMENT OR A RESTRICTED LICENSE THAT PERMITS ONLY THE 184
OPERATION OF A MOTORCYCLE WHO PRESENTS TO THE REGISTRAR OF MOTOR 185
VEHICLES OR A DEPUTY REGISTRAR A FORM APPROVED BY THE DIRECTOR OF 186
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PUBLIC SAFETY ATTESTING TO THE APPLICANT'S SUCCESSFUL COMPLETION 188
WITHIN THE PRECEDING SIXTY DAYS OF A COURSE OF BASIC INSTRUCTION 189
PROVIDED BY THE MOTORCYCLE SAFETY AND EDUCATION PROGRAM APPROVED 191
BY THE DIRECTOR PURSUANT TO SECTION 4508.08 OF THE REVISED CODE 192
SHALL NOT BE REQUIRED TO GIVE AN ACTUAL DEMONSTRATION OF THE 193
ABILITY TO OPERATE A MOTORCYCLE BY DRIVING A MOTORCYCLE UNDER THE 195
SUPERVISION OF AN EXAMINING OFFICER, AS DESCRIBED IN DIVISION (A) 196
OF THIS SECTION. UPON PRESENTATION OF THE FORM DESCRIBED IN 197
DIVISION (B)(1) OF THIS SECTION AND COMPLIANCE WITH ALL OTHER 198
REQUIREMENTS RELATING TO THE ISSUANCE OF A MOTORCYCLE OPERATOR'S 199
ENDORSEMENT OR A RESTRICTED LICENSE THAT PERMITS ONLY THE 200
OPERATION OF A MOTORCYCLE, THE REGISTRAR OR DEPUTY REGISTRAR 201
SHALL ISSUE TO THE APPLICANT THE ENDORSEMENT OR RESTRICTED 202
LICENSE, AS THE CASE MAY BE. 203
(2) A PERSON WHO HAS NOT ATTAINED EIGHTEEN YEARS OF AGE 205
AND PRESENTS AN APPLICATION FOR A MOTORCYCLE OPERATOR'S 206
ENDORSEMENT OR A RESTRICTED LICENSE UNDER DIVISION (B)(1) OF THIS 207
SECTION ALSO SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 208
4507.21 OF THE REVISED CODE.
Section 2. That existing sections 4507.10 and 4507.11 of 210
the Revised Code are hereby repealed. 211
Section 3. Sections 1 and 2 of this act shall take effect 213
January 1, 2001.
Section 4. Section 4507.10 of the Revised Code is 215
presented in this act as a composite of the section as amended by 216
Am. Sub. S.B. 35 of the 122nd General Assembly and Sub. S.B. 96 217
of the 120th General Assembly, with the new language of neither 219
of the acts shown in capital letters. This is in recognition of 220
the principle stated in division (B) of section 1.52 of the 221
Revised Code that such amendments are to be harmonized where not 222
substantively irreconcilable and constitutes a legislative 223
finding that such is the resulting version in effect prior to the 224
effective date of this act.