As Passed by the House 1
123rd General Assembly 4
Regular Session S. B. No. 271 5
1999-2000 6
SENATORS WACHTMANN-SPADA-ARMBRUSTER-REPRESENTATIVES 8
CLANCY-METTLER-PATTON-OLMAN-DAMSCHRODER-MEAD-BUEHRER- 9
TERWILLEGER-WILLAMOWSKI-BRADING-TIBERI-CALLENDER- 11
WOMER BENJAMIN-CATES-HARRIS-JOLIVETTE-SALERNO-
CALVERT-VESPER-O'BRIEN-WINKLER-WIDENER-GRENDELL- 12
ROMAN-MOTTLEY-TAYLOR-AMSTUTZ-VERICH-ROBINSON- 13
STAPLETON-HOOPS-SCHULER 14
_________________________________________________________________ 15
A B I L L
To amend sections 4507.10 and 4507.11 of the Revised 17
Code to provide that persons who successfully 18
complete a course of basic instruction provided 19
by the motorcycle safety and education program 21
not be required to drive a motorcycle under the 22
supervision of an examining officer in order to 23
obtain a motorcycle operator's endorsement or a
restricted license that permits only the 24
operation of a motorcycle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 4507.10 and 4507.11 of the 28
Revised Code be amended to read as follows: 29
Sec. 4507.10. (A) The EXCEPT AS PROVIDED IN SECTION 42
4507.11 OF THE REVISED CODE, THE registrar of motor vehicles 43
shall examine every applicant for a temporary instruction permit, 44
driver's license, or motorcycle operator's endorsement before 46
issuing any such permit, license, or endorsement. 48
(B) Except as provided in section 4507.12 of the Revised 50
Code, the registrar may waive the examination of any person 51
applying for the renewal of a driver's license or motorcycle 52
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operator's endorsement issued under this chapter, provided that 53
the applicant presents either an unexpired license or endorsement 54
or a license or endorsement which has expired not more than six 55
months prior to the date of application. 56
(C) The registrar may waive the examination of any person 58
applying for the renewal of such a license or endorsement who is 59
on active duty in the armed forces of the United States or in 61
service with the peace corps, volunteers in service to America, 62
or the foreign service of the United States if the applicant has 63
no physical or mental disabilities that would affect the 64
applicant's driving ability, had a valid Ohio driver's or 65
commercial driver's license at the time the applicant commenced 67
such active duty or service, and the applicant's license is not 68
under suspension or revocation by this state or any other 69
jurisdiction. The registrar also may waive the examination of 70
the spouse or a dependent of any such person on active duty or in
service if the applicant has no physical or mental disabilities 71
that would affect his THE APPLICANT'S driving ability, was an 73
Ohio licensee at the time the person commenced the active duty or 74
service, and if the person's active duty caused the spouse or
dependent to relocate outside of this state during the period of 75
the active duty or service. 76
(D) Except as provided in section 4507.12 of the Revised 78
Code, the registrar may waive the examination of any person 79
applying for such a license or endorsement who meets any of the 80
following sets of qualifications: 81
(1) Has been on active duty in the armed forces of the 84
United States, presents an honorable discharge certificate 85
showing that the applicant has no physical or mental disabilities 86
that would affect the applicant's driving ability, had a valid 88
Ohio driver's or commercial driver's license at the time the 90
applicant commenced his THE APPLICANT'S active duty, is not under 91
a license suspension or revocation by this state or any other 92
jurisdiction, and makes the application not more than six months 93
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after the date of discharge or separation;. 95
(2) Was in service with the peace corps, volunteers in 97
service to America, or the foreign service of the United States; 98
presents such evidence of his THE APPLICANT'S service as the 99
registrar prescribes showing that the applicant has no physical 101
or mental disabilities that would affect THE applicant's driving 102
ability; had a valid Ohio driver's or commercial driver's license 104
at the time the applicant commenced his THE APPLICANT'S service, 106
is not under a license suspension or revocation by this state or 107
any other jurisdiction, and makes the application no more than 108
six months after leaving the peace corps, volunteers, or foreign 109
service.
(3) Is the spouse or a dependent of a person on active 111
duty in the armed forces of the United States, or in service with 112
the peace corps, volunteers in service to America, or the foreign 113
service of the United States; presents such evidence as the 114
registrar prescribes showing that the applicant has no physical 115
or mental disabilities that would affect his driving ability;
presents such evidence as the registrar prescribes showing that 116
the applicant relocated outside of Ohio as a result of the 117
person's active duty or service; was an Ohio licensee at the time 118
of the relocation; and makes the application not more than six 119
months after returning to Ohio.
Sec. 4507.11. (A) The registrar of motor vehicles shall 128
conduct all necessary examinations of applicants for temporary 129
instruction permits, drivers' licenses, or motorcycle operators' 131
endorsements. The examination shall include a test of the 132
applicant's knowledge of motor vehicle laws, including the laws 133
on stopping for school buses, a test of the applicant's physical 134
fitness to drive, and a test of the applicant's ability to 136
understand highway traffic control devices. The examination may 137
be conducted in such a manner that applicants who are illiterate 138
or limited in their knowledge of the English language may be 139
tested by methods that would indicate to the examining officer 140
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that the applicant has a reasonable knowledge of motor vehicle 141
laws and understands highway traffic control devices. An 142
applicant for a driver's license shall give an actual 143
demonstration of the ability to exercise ordinary and reasonable 144
control in the operation of a motor vehicle by driving the same 146
under the supervision of an examining officer. An EXCEPT AS 147
PROVIDED IN DIVISION (B) OF THIS SECTION, AN applicant for a 148
motorcycle operator's endorsement OR A RESTRICTED LICENSE THAT 150
PERMITS ONLY THE OPERATION OF A MOTORCYCLE shall give an actual 152
demonstration of the ability to exercise ordinary and reasonable 154
control in the operation of a motorcycle by driving the same 155
under the supervision of an examining officer. Except as 156
provided in section 4507.12 of the Revised Code, the registrar 157
shall designate the highway patrol or any law enforcement body to 158
supervise and conduct examinations for temporary instruction 159
permits, drivers' licenses, and motorcycle operators' 161
endorsements and shall provide the necessary rules and forms to 162
properly conduct the examinations. The records of the 163
examinations, together with the application for a temporary 165
instruction permit, driver's license, or motorcycle operator's 166
endorsement, shall be forwarded to the registrar by the deputy 167
registrar, and, if in the opinion of the registrar the applicant 168
is qualified to operate a motor vehicle, the registrar shall 169
issue the permit, license, or endorsement. 171
The registrar may authorize the highway patrol or other 173
designated law enforcement body to issue an examiner's driving 174
permit to an applicant who has passed the required examination, 175
authorizing that applicant to operate a motor vehicle while the 177
registrar is completing an investigation relative to that 179
applicant's qualifications to receive a temporary instruction 180
permit, driver's license, or motorcycle operator's endorsement. 182
The examiner's driving permit shall be in the immediate 183
possession of the applicant while operating a motor vehicle and 184
shall be effective until final action and notification has been 185
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given by the registrar, but in no event longer than sixty days 186
from its date of issuance.
(B)(1) AN APPLICANT FOR A MOTORCYCLE OPERATOR'S 188
ENDORSEMENT OR A RESTRICTED LICENSE THAT PERMITS ONLY THE 189
OPERATION OF A MOTORCYCLE WHO PRESENTS TO THE REGISTRAR OF MOTOR 190
VEHICLES OR A DEPUTY REGISTRAR A FORM APPROVED BY THE DIRECTOR OF 191
PUBLIC SAFETY ATTESTING TO THE APPLICANT'S SUCCESSFUL COMPLETION 193
WITHIN THE PRECEDING SIXTY DAYS OF A COURSE OF BASIC INSTRUCTION 194
PROVIDED BY THE MOTORCYCLE SAFETY AND EDUCATION PROGRAM APPROVED 196
BY THE DIRECTOR PURSUANT TO SECTION 4508.08 OF THE REVISED CODE 197
SHALL NOT BE REQUIRED TO GIVE AN ACTUAL DEMONSTRATION OF THE 198
ABILITY TO OPERATE A MOTORCYCLE BY DRIVING A MOTORCYCLE UNDER THE 200
SUPERVISION OF AN EXAMINING OFFICER, AS DESCRIBED IN DIVISION (A) 201
OF THIS SECTION. UPON PRESENTATION OF THE FORM DESCRIBED IN 202
DIVISION (B)(1) OF THIS SECTION AND COMPLIANCE WITH ALL OTHER 203
REQUIREMENTS RELATING TO THE ISSUANCE OF A MOTORCYCLE OPERATOR'S 204
ENDORSEMENT OR A RESTRICTED LICENSE THAT PERMITS ONLY THE 205
OPERATION OF A MOTORCYCLE, THE REGISTRAR OR DEPUTY REGISTRAR 206
SHALL ISSUE TO THE APPLICANT THE ENDORSEMENT OR RESTRICTED 207
LICENSE, AS THE CASE MAY BE. 208
(2) A PERSON WHO HAS NOT ATTAINED EIGHTEEN YEARS OF AGE 210
AND PRESENTS AN APPLICATION FOR A MOTORCYCLE OPERATOR'S 211
ENDORSEMENT OR A RESTRICTED LICENSE UNDER DIVISION (B)(1) OF THIS 212
SECTION ALSO SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 213
4507.21 OF THE REVISED CODE.
Section 2. That existing sections 4507.10 and 4507.11 of 215
the Revised Code are hereby repealed. 216
Section 3. Sections 1 and 2 of this act shall take effect 218
January 1, 2001.
Section 4. Section 4507.10 of the Revised Code is 220
presented in this act as a composite of the section as amended by 221
Am. Sub. S.B. 35 of the 122nd General Assembly and Sub. S.B. 96 222
of the 120th General Assembly, with the new language of neither 224
of the acts shown in capital letters. This is in recognition of 225
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the principle stated in division (B) of section 1.52 of the 226
Revised Code that such amendments are to be harmonized where not 227
substantively irreconcilable and constitutes a legislative 228
finding that such is the resulting version in effect prior to the 229
effective date of this act.