(D) "Owner" means a person who holds the legal title of a | 49 |
motor vehicle. If a motor vehicle is the subject of a lease with | 50 |
an
immediate right of possession vested in the
lessee, the lessee | 51 |
is the owner.
A person listed as the owner on a certificate of | 52 |
title on
which there is a notation of a security interest is the | 53 |
owner.
A buyer or other transferee of a motor vehicle
who
receives | 54 |
the certificate of title from the seller or
transferor
listing the | 55 |
seller or transferor thereon as the owner
with an
assignment of | 56 |
title to the buyer or transferee
nonetheless is the
owner even | 57 |
though a subsequent certificate of
title has not been
issued | 58 |
listing the buyer or transferee
as the owner. | 59 |
(I) "Motor vehicle" means every vehicle propelled by power | 75 |
other than muscular power or power collected from overhead | 76 |
electric trolley wires, except motorized bicycles, road rollers, | 77 |
traction engines, power shovels, power cranes and other equipment | 78 |
used in construction work and not designed for or employed in | 79 |
general highway transportation, hole-digging machinery, | 80 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 81 |
threshing machinery, hay baling machinery, and agricultural | 82 |
tractors and machinery used in the production of horticultural, | 83 |
floricultural, agricultural, and vegetable products. | 84 |
(K) "Proof of financial responsibility" means proof of | 89 |
ability to respond in damages for liability, on account of | 90 |
accidents occurring subsequent to the effective date of such | 91 |
proof, arising out of the ownership, maintenance, or use of a | 92 |
motor vehicle in the amount of twelvetwenty-five thousand five | 93 |
hundred
dollars because of bodily injury to or death of one person | 94 |
in any
one accident, in the amount of twenty-fivefifty thousand | 95 |
dollars
because of bodily injury to or death of two or more | 96 |
persons in
any
one accident, and in the amount of seven | 97 |
twenty-five thousand five
hundred
dollars because of injury to | 98 |
property of others in any
one
accident. | 99 |
(L) "Motor-vehicle liability policy" means an "owner's | 100 |
policy" or an "operator's policy" of liability insurance, | 101 |
certified as provided in section 4509.46 or 4509.47 of the
Revised | 102 |
Code as proof of financial responsibility, and issued,
except as | 103 |
provided in section 4509.47 of the Revised Code, by an
insurance | 104 |
carrier authorized to do business in this state, to or
for the | 105 |
benefit of the person named therein as insured. | 106 |
Sec. 4509.101. (A)(1) No person shall operate, or permit
the | 107 |
operation of, a motor vehicle in this state, unless proof of | 108 |
financial responsibility is maintained continuously throughout
the | 109 |
registration period with respect to that vehicle, or, in the
case | 110 |
of a driver who is not the owner, with respect to that
driver's | 111 |
operation of that vehicle. | 112 |
(a) Suspension of the person's operating privileges and | 115 |
impoundment of the person's license until the person complies
with | 116 |
division (A)(5) of this section. The suspension shall be
for a | 117 |
period of not less than ninety days except that if, within
five | 118 |
years of the violation, the person's operating privileges
are | 119 |
again suspended and the person's license is impounded
one or more | 120 |
times for a violation of division (A)(1) of this section, the | 121 |
suspension shall be for a period of not less than one year.
Except | 122 |
as
provided by section 4509.105 of the Revised Code, the | 123 |
suspension is not
subject to revocation, suspension, or | 124 |
occupational or other limited operating privileges. | 125 |
(3) A person to whom this state has issued a certificate
of | 131 |
registration for a motor vehicle or a license to operate a
motor | 132 |
vehicle or who is determined to have operated any motor
vehicle or | 133 |
permitted the operation in this state of a motor
vehicle owned by | 134 |
the person shall be required to verify the
existence of proof of | 135 |
financial responsibility covering the
operation of the motor | 136 |
vehicle or the person's operation of the
motor vehicle under any | 137 |
of the following circumstances: | 138 |
(4) An order of the registrar that suspends and
impounds a | 150 |
license or
registration, or both, shall state the date on or | 151 |
before which
the person is required to surrender the person's | 152 |
license or
certificate of registration and license plates. The | 153 |
person
is deemed to have surrendered the license or certificate of | 154 |
registration and license plates, in compliance with the
order, if | 155 |
the person does either of the following: | 156 |
(5) Except as provided in division (A)(6) of this
section, | 164 |
the registrar shall not restore any operating
privileges or | 165 |
registration rights suspended under this section,
return any | 166 |
license, certificate of registration, or license
plates impounded | 167 |
under this section, or reissue license plates
under section | 168 |
4503.232 of the Revised Code, if the registrar
destroyed the | 169 |
impounded license plates under that section,
or reissue a license | 170 |
under section 4507.54 of the Revised Code,
if the registrar | 171 |
destroyed the suspended license under that
section, unless the | 172 |
rights are not subject to suspension or
revocation under any other | 173 |
law and unless the person, in addition
to complying with all other | 174 |
conditions required by law for
reinstatement of the operating | 175 |
privileges or registration rights,
complies with all of the | 176 |
following: | 177 |
(6) If the registrar issues an order under division
(A)(2)
of | 191 |
this
section resulting from the failure of a person to respond
to | 192 |
a financial
responsibility random verification request under | 193 |
division (A)(3)(c) of this section and the person
successfully | 194 |
maintains an affirmative defense to a violation of section 4507.02 | 195 |
of the
Revised Code or is determined by the registrar or a deputy | 196 |
registrar to have been in compliance with division (A)(1) of this | 197 |
section at the time of the initial financial responsibility random | 198 |
verification request, the
registrar shall do both of the | 199 |
following: | 200 |
(c) Record the name and address of the person whose | 220 |
certificate of registration and license plates have been
impounded | 221 |
or are under an order of impoundment, or whose license
has been | 222 |
suspended or is under an order of suspension; the serial
number of | 223 |
the person's license; the serial numbers of
the person's | 224 |
certificate of
registration and license plates; and the person's | 225 |
social
security account number, if assigned, or, where the motor | 226 |
vehicle
is used for hire or principally in connection with any | 227 |
established business, the person's federal taxpayer
identification | 228 |
number. The information shall be recorded in such
a manner that
it | 229 |
becomes a part of the person's permanent record,
and assists
the | 230 |
registrar in monitoring compliance with the
orders of
suspension | 231 |
or impoundment. | 232 |
(d) Send written notification to every person to whom the | 233 |
order pertains, at the person's last known address as shown on
the | 234 |
records of the bureau. The person, within ten days
after the date | 235 |
of the mailing of the notification, shall surrender to
the | 236 |
registrar, in a manner set forth in division (A)(4) of this | 237 |
section, any certificate of registration and registration plates | 238 |
under an order of impoundment, or any license under an order of | 239 |
suspension. | 240 |
(2) The registrar shall issue any order under division
(B)(1) | 241 |
of this section without a hearing. Any person
adversely
affected | 242 |
by the order, within ten days after the issuance of
the
order, may | 243 |
request an administrative hearing before the
registrar,
who shall | 244 |
provide the person with an opportunity for a
hearing in
accordance | 245 |
with this paragraph. A request for a
hearing does not
operate as a | 246 |
suspension of the order. The scope
of the hearing
shall be limited | 247 |
to whether the person in fact
demonstrated to the
registrar proof | 248 |
of financial responsibility
in accordance with
this section. The | 249 |
registrar shall determine
the date, time, and
place of any | 250 |
hearing, provided that the
hearing shall be held, and
an order | 251 |
issued or findings made,
within thirty days after the
registrar | 252 |
receives a request for a
hearing. If requested by the
person in | 253 |
writing, the registrar
may designate as the place of
hearing the | 254 |
county seat of the
county in which the person resides
or a place | 255 |
within fifty miles
of the person's residence. The
person shall pay | 256 |
the cost of the
hearing before the registrar, if
the registrar's | 257 |
order of
suspension or impoundment is upheld. | 258 |
(C) Any order of suspension or impoundment issued under
this | 259 |
section or division (B) of section 4509.37 of the Revised
Code may | 260 |
be terminated at any time if the registrar determines
upon a | 261 |
showing of proof of financial responsibility that the
operator or | 262 |
owner of the motor vehicle was in compliance with
division (A)(1) | 263 |
of this section at the time of the traffic
offense, motor vehicle | 264 |
inspection, or accident that
resulted in
the order against the | 265 |
person. A determination may be made
without a hearing. This | 266 |
division does not apply unless the
person shows good cause for the | 267 |
person's failure to present
satisfactory proof of financial | 268 |
responsibility to the
registrar prior to the issuance of the | 269 |
order. | 270 |
(a) Except as provided in division
(D)(1)(b) of this
section, | 273 |
any peace
officer who, in the performance of the peace
officer's | 274 |
duties as
authorized by
law, becomes aware of a person
whose | 275 |
license is under an order of
suspension, or whose
certificate of | 276 |
registration and license
plates are under an order
of impoundment, | 277 |
pursuant to this
section, may confiscate the
license, certificate | 278 |
of
registration, and license plates, and
return them to the | 279 |
registrar. | 280 |
(b) Any peace officer who, in the performance of the peace | 281 |
officer's duties as authorized by law, becomes aware of a person | 282 |
whose license
is under an order of
suspension, or whose | 283 |
certificate of registration and license
plates are under an order | 284 |
of impoundment resulting from failure to
respond to a financial | 285 |
responsibility random verification, shall
not, for that reason, | 286 |
arrest the owner or operator or seize the vehicle or
license | 287 |
plates. Instead, the peace officer shall issue a citation for a | 288 |
violation of division (B)(1) of section 4507.02 of the
Revised | 289 |
Code specifying the
circumstances as failure to respond to a | 290 |
financial responsibility random
verification. | 291 |
(3) A peace officer shall indicate on every traffic ticket | 298 |
whether the person receiving the traffic ticket produced proof of | 299 |
the maintenance of financial responsibility in response to the | 300 |
officer's request under division (D)(2) of this section.
The
peace | 301 |
officer shall inform every person who receives a traffic
ticket | 302 |
and who has failed to produce proof of
the
maintenance of | 303 |
financial responsibility that the person
must submit proof to the | 304 |
traffic violations bureau with any payment of a
fine and costs for | 305 |
the ticketed violation or, if the person is to
appear in court for | 306 |
the
violation, the person must submit proof
to the court. | 307 |
(4)(a) If a person who has failed to produce proof
of
the | 308 |
maintenance of financial responsibility appears in court for a | 309 |
ticketed
violation, the court may permit the defendant to present | 310 |
evidence
of proof of financial responsibility to the court at such | 311 |
time
and in such manner as the court determines to be necessary or | 312 |
appropriate. The clerk of courts shall provide the registrar
with | 313 |
the identity of any person who fails to submit proof of the | 314 |
maintenance of financial responsibility pursuant to division | 315 |
(D)(3) of this section. | 316 |
(5)(a) Upon receiving notice from a clerk of courts or | 322 |
traffic
violations bureau pursuant to division (D)(4) of this | 323 |
section,
the registrar shall
order the suspension of the license | 324 |
of the person required under division
(A)(2)(a) of this section | 325 |
and the impoundment of the
person's certificate of registration | 326 |
and license plates required under
division (A)(2)(b) of this | 327 |
section, effective thirty
days after the date of the mailing of | 328 |
notification. The registrar also
shall notify the person
that the | 329 |
person must present the registrar with proof of financial | 330 |
responsibility in accordance with this section, surrender to the | 331 |
registrar the person's certificate of registration,
license | 332 |
plates,
and license, or submit a statement subject to section | 333 |
2921.13 of
the Revised Code that the person did not operate or | 334 |
permit
the operation
of the motor vehicle at the time of the | 335 |
offense.
Notification
shall be in writing and shall be sent to
the | 336 |
person at the person's
last known address as shown on the
records | 337 |
of the bureau of motor
vehicles. The person, within
fifteen days | 338 |
after the date
of the mailing of notification, shall
present proof | 339 |
of financial
responsibility, surrender the
certificate of | 340 |
registration,
license plates, and license to the
registrar in a | 341 |
manner set
forth in division (A)(4) of this
section, or submit the | 342 |
statement
required under this section
together with other | 343 |
information the
person considers appropriate. | 344 |
(b) In the case of a person who presents, within the | 351 |
fifteen-day period, documents to show proof of financial | 352 |
responsibility, the registrar shall terminate the order of | 353 |
suspension and the impoundment of the registration and license | 354 |
plates required
under division (A)(2)(b) of this section and shall | 355 |
send written notification
to the person, at the person's last | 356 |
known address as shown on the records of
the bureau. | 357 |
(c) Any person adversely affected by the order of the | 358 |
registrar under division (D)(5)(a) or (b) of this section,
within | 359 |
ten days after the issuance of the order, may request an | 360 |
administrative hearing before the registrar, who shall provide
the | 361 |
person with an opportunity for a hearing in accordance with
this | 362 |
paragraph. A request for a hearing does not operate as a | 363 |
suspension of the order. The scope of the hearing shall be
limited | 364 |
to whether the person in fact demonstrated to the
registrar proof | 365 |
of financial responsibility in accordance with
this section. The | 366 |
registrar shall determine the date, time, and
place of any | 367 |
hearing; provided, that the hearing shall be held,
and an order | 368 |
issued or findings made, within thirty days after
the
registrar | 369 |
receives a request for a hearing. If requested by
the
person in | 370 |
writing, the registrar may designate as the place
of
hearing the | 371 |
county seat of the county in which the person
resides
or a place | 372 |
within fifty miles of the person's residence.
Such
person shall | 373 |
pay the cost of the hearing before the
registrar, if
the | 374 |
registrar's order of suspension or impoundment
under division | 375 |
(D)(5)(a) or (b) of this section is upheld. | 376 |
(6) A peace officer may charge an owner or operator of a | 377 |
motor vehicle with a violation of division (B)(1) of section | 378 |
4507.02 of the Revised Code when the owner or operator fails to | 379 |
show proof of the maintenance of financial responsibility
pursuant | 380 |
to a peace officer's request under division (D)(2)
of this | 381 |
section, if a check of the owner or operator's driving
record | 382 |
indicates that the owner or operator, at the time of the
operation | 383 |
of the motor vehicle, is required to file and maintain
proof of | 384 |
financial responsibility under section 4509.45 of the
Revised Code | 385 |
for a previous violation of this chapter. | 386 |
(E) All fees, except court costs, collected under this | 398 |
section shall be paid into the state treasury to the credit of
the | 399 |
financial responsibility compliance fund. The financial | 400 |
responsibility compliance fund shall be used exclusively to cover | 401 |
costs incurred by the bureau in the administration of this
section | 402 |
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, | 403 |
and by any law enforcement agency employing any
peace officer who | 404 |
returns any license, certificate of
registration, and license | 405 |
plates to the registrar pursuant
to division (C) of this section, | 406 |
except that the director
of
budget and management may transfer | 407 |
excess money from the
financial responsibility compliance fund to | 408 |
the state
bureau of motor vehicles fund if the registrar | 409 |
determines that the amount of
money
in the financial | 410 |
responsibility compliance fund exceeds the
amount required to | 411 |
cover such costs incurred by the bureau or a
law enforcement | 412 |
agency and requests the director to make the
transfer. | 413 |
(G)(1) The registrar, court, traffic violations
bureau, or | 419 |
peace officer may require
proof of financial responsibility to be | 420 |
demonstrated by use of a
standard form prescribed by the | 421 |
registrar. If the use of a
standard form is not required, a
person | 422 |
may demonstrate proof of
financial responsibility under
this | 423 |
section by presenting to the
traffic violations bureau,
court, | 424 |
registrar, or peace officer
any of the following documents
or a | 425 |
copy of the documents: | 426 |
(c) Whenever it is determined by a final judgment in a | 476 |
judicial proceeding that an insurer or surety, which has been | 477 |
named on a document accepted by a court or the registrar as proof | 478 |
of financial responsibility covering the operation of a motor | 479 |
vehicle at the time of an accident or offense, is not liable to | 480 |
pay a judgment for injuries or damages resulting from such | 481 |
operation, the registrar, notwithstanding any previous
contrary | 482 |
finding, shall forthwith suspend the operating privileges and | 483 |
registration rights of the person against whom the judgment was | 484 |
rendered as provided in division (A)(2) of this section. | 485 |
(H) In order for any document described in division
(G)(1)(b) | 486 |
of this section to be used for the demonstration
of
proof of | 487 |
financial responsibility under this section, the
document
shall | 488 |
state the name of the insured or obligor, the name
of the
insurer | 489 |
or surety company, and the effective and
expiration dates
of the | 490 |
financial responsibility, and designate
by explicit
description or | 491 |
by appropriate reference all motor
vehicles covered
which may | 492 |
include a reference to fleet insurance
coverage. | 493 |
(I) For purposes of this section, "owner" does not include
a | 494 |
licensed motor vehicle leasing dealer as defined in section | 495 |
4517.01 of the Revised Code, but does include a motor vehicle | 496 |
renting dealer as defined in section 4549.65 of the Revised
Code.
| 497 |
Nothing in this section or in section 4509.51 of the Revised Code | 498 |
shall be
construed to prohibit a motor vehicle renting dealer
from | 499 |
entering into a contractual agreement with a person whereby
the | 500 |
person renting the motor vehicle agrees to be solely responsible | 501 |
for
maintaining proof of
financial responsibility, in accordance | 502 |
with this section, with
respect to the operation, maintenance, or | 503 |
use of the motor vehicle during the
period
of the motor vehicle's | 504 |
rental. | 505 |
(L) The registrar shall adopt rules in accordance with | 515 |
Chapter 119. of the Revised Code that are necessary to administer | 516 |
and enforce this section. The rules shall include procedures for | 517 |
the surrender of license plates upon failure to maintain
proof of | 518 |
financial responsibility and provisions relating to
reinstatement | 519 |
of registration rights, acceptable forms of proof
of financial | 520 |
responsibility, and verification of the existence of
financial | 521 |
responsibility during the period of registration. | 522 |
Sec. 4509.20. (A) A policy or bond does not comply with | 523 |
divisions (A)(5), (A)(6), and (A)(7) of section 4509.19 of the | 524 |
Revised Code unless issued by an insurance company or surety | 525 |
company authorized to do business in this state, except as | 526 |
provided in division (B) of this section, or unless such policy
or | 527 |
bond is subject, if the accident has resulted in bodily injury
or | 528 |
death, to a limit, exclusive of interest and costs, of not
less | 529 |
than
twelvetwenty-five thousand
five hundred dollars because of | 530 |
bodily
injury to or death of one person in any one accident, and, | 531 |
subject to said limit for one person, to a limit of not less than | 532 |
twenty-fivefifty thousand dollars because of bodily injury to or | 533 |
death
of two or more persons in one accident, and, if the accident | 534 |
has
resulted in injury to, or destruction of property, to a limit | 535 |
of
not less than
seventwenty-five thousand
five hundred dollars | 536 |
because of
injury to or destruction of property of others in any | 537 |
one
accident. | 538 |
(B) A policy or bond does not comply with divisions (A)
(5), | 539 |
(A) (6), and (A) (7) of section 4509.19 of the Revised Code
with | 540 |
respect to any motor vehicle which was not registered in
this | 541 |
state or was a motor vehicle which was registered elsewhere
than | 542 |
in this state at the effective date of the policy or bond or
the | 543 |
most recent renewal thereof, unless the insurance company or | 544 |
surety company issuing such policy or bond is authorized to do | 545 |
business in this state, or if said company is not authorized to
do | 546 |
business in this state unless it executes a power of attorney | 547 |
authorizing the registrar of motor vehicles to accept service on | 548 |
its behalf of notice or process in any action upon such policy or | 549 |
bond arising out of such accident. | 550 |
(E) A certificate of self-insurance, as provided in
section | 586 |
4509.72 of the Revised Code, supplemented by an agreement
by the | 587 |
self-insurer that, with respect to accidents occurring
while the | 588 |
certificate is in force,
hethe self-insurer will pay
the same | 589 |
amounts
that an insurer would have been obligated to pay under an | 590 |
owner's
motor vehicle liability policy if it had issued such a | 591 |
policy to
the self-insurer. | 592 |
(B) Shall insure the person named therein and any other | 601 |
person, as insured, using any such motor vehicles with the
express | 602 |
or implied permission of the insured, against loss from
the | 603 |
liability imposed by law for damages arising out of the
ownership, | 604 |
maintenance, or use of such vehicles within the United
States or | 605 |
the Dominion of Canada, subject to
monetary limits exclusive of | 606 |
interest
and costs, with respect to each such motor vehicle, as | 607 |
follows: | 608 |
(A) TheSubject to the terms and conditions of the policy, | 618 |
the liability of the insurance carrier with respect to the | 619 |
insurance
required by sections 4509.01 to 4509.78, inclusive, of | 620 |
the Revised Code, shall
become absoluteconclusive whenever injury | 621 |
or damage covered by the policy occurs; the
policy shall not be | 622 |
canceled or annulled as to such liability by any agreement
between | 623 |
the insurance carrier and the insured after the occurrence of the | 624 |
injury; no statement made by the insured or on histhe insured's | 625 |
behalf and no violation of
the policy shall defeat or void the | 626 |
policy. | 627 |
Sec. 4509.59. Proof of financial responsibility may be | 640 |
evidenced by the bond
of a surety company duly authorized to | 641 |
transact business within this state, or
a bond with at least two | 642 |
individual sureties each owning real estate within
this state, and | 643 |
together having equities equal in value to at least twice the | 644 |
amount of
suchthe bond; the. Any such real estate shall be | 645 |
scheduled in the bond approved
by
a judge of a court of record
and | 646 |
the. The bond shall be conditioned for payment of
the amount | 647 |
specified in section 4509.62 of the Revised Codethirty thousand | 648 |
dollars.
SuchThe bond shall
be filed with the registrar
of motor | 649 |
vehicles and shall not be cancelable except after ten days
written | 650 |
notice to the registrar
of motor vehicles. | 651 |
Sec. 4509.65. The registrar of motor vehicles shall consent | 652 |
to the
cancellation of any bond or certificate of insurance
or the | 653 |
registrar shall
direct and the treasurer of state shall return any | 654 |
money or securities to the
person entitled thereto upon the | 655 |
substitution and acceptance of other adequate
proof of financial | 656 |
responsibility in accordance with sections 4509.01 to
4509.78, | 657 |
inclusive, of the Revised Code. | 658 |
Sec. 4509.67. (A) The registrar of motor vehicles shall, | 659 |
upon request, consent to the immediate cancellation of any bond
or | 660 |
certificate of insurance,
or shall direct and the treasurer of | 661 |
state shall return to the person entitled any money or securities | 662 |
deposited under sections 4509.01 to 4509.78 of the Revised Code, | 663 |
as proof of financial responsibility, or the registrar shall
waive | 664 |
the requirement of filing proof, in any of the following
events: | 665 |
(1) At any time after three years from the date such proof | 666 |
was required when, during the three years preceding the request, | 667 |
the registrar has not received record of a conviction or bail | 668 |
forfeiture
whichthat would require or permit the suspension or | 669 |
revocation of the license, registration, or nonresident's | 670 |
operating privilege of the person by or for whom such proof was | 671 |
furnished and the person's motor vehicle registration has not
been | 672 |
suspended for a violation of section 4509.101 of the Revised
Code; | 673 |
(B) The registrar shall not consent to the cancellation of | 679 |
any bond
or the return of any money or securities if any action | 680 |
for damages upon a liability covered by such proof is pending, or | 681 |
any judgment upon any such liability is unsatisfied, or in the | 682 |
event the person who has filed such bond
or deposited such money | 683 |
or securities has within two years immediately preceding such | 684 |
request been involved as a driver or owner in any
motor-vehicle | 685 |
motor vehicle accident resulting in injury to the person or | 686 |
property of others. An affidavit of the applicant as to the | 687 |
nonexistence of such facts, or that
hethe applicant has been | 688 |
released from all
liability, or has been finally adjudicated not | 689 |
liable, for such
injury may be accepted as evidence thereof in the | 690 |
absence of
evidence to the contrary in the records of the | 691 |
registrar. | 692 |
(2) A policy of liability insurance, a declaration page of
a | 705 |
policy of liability insurance, or liability bond, if the policy
or | 706 |
bond provides coverage in accordance with division (B) of this | 707 |
section and otherwise complies with sections 4509.49 to 4509.61
of | 708 |
the Revised Code, and if the policy or bond provides that such | 709 |
policy or bond shall not be canceled or terminated prior to not | 710 |
less than ten days after a written notice of cancellation or | 711 |
termination is filed with the registrar; | 712 |
(B) As used in this section and section 4509.81 of the | 723 |
Revised Code, "proof of financial responsibility" means proof of | 724 |
ability to respond in damages for liability, on account of | 725 |
accidents occurring subsequent to the effective date of such | 726 |
proof, arising out of the ownership, maintenance, or use of a | 727 |
chauffeured limousine in the amount of one hundred thousand | 728 |
dollars because of bodily injury to or death of one person in any | 729 |
one accident, three hundred thousand dollars because of bodily | 730 |
injury to or death of two or more persons in any one accident,
and | 731 |
fifty thousand dollars because of injury to property of
others in | 732 |
any one accident. | 733 |
(C) Upon the request of a law enforcement officer, the | 734 |
operator of any chauffeured limousine shall produce proof of | 735 |
compliance with this section. The law enforcement officer | 736 |
requesting such proof shall notify the registrar of any violation | 737 |
of this section. The notice to the registrar shall be on a form | 738 |
prescribed by the registrar and supplied by the registrar at the | 739 |
registrar's expense, and shall include the license plate number
of | 740 |
the chauffeured limousine and any other information the
registrar | 741 |
requires. | 742 |
(D) The owner, or
histhe owner's designee, shall provide | 743 |
written
notice to the registrar of cancellation or termination of | 744 |
the
coverage required by this section not less than ten days prior | 745 |
to
the effective date of cancellation, and, on or before the | 746 |
effective date of cancellation, shall voluntarily surrender the | 747 |
livery license plate sticker for the vehicle or vehicles for
which | 748 |
the cancellation is effective. If the livery license plate
sticker | 749 |
is timely and voluntarily surrendered, the registrar
shall, upon | 750 |
the filing of proof of financial responsibility as
required by | 751 |
this section, reinstate the livery registration of
the
vehicle and | 752 |
issue a current livery license plate sticker for
the
vehicle. | 753 |
Section 3. Sections 4509.01, 4509.20, 4509.41, 4509.51, and | 758 |
4509.53 of the Revised Code, as amended by this act, apply only | 759 |
with respect to new insurance policies or bonds, and renewals of | 760 |
insurance policies or bonds, that are issued on or after the | 761 |
effective date of this act. | 762 |
Section 4. Upon the effective date of this act, the Registrar | 763 |
of Motor Vehicles shall send notice to each person who has | 764 |
deposited money or securities with the Treasurer of State in | 765 |
accordance with sections 4509.62 and 4509.63 of the Revised Code, | 766 |
as repealed by this act. The notice shall inform such persons that | 767 |
they must, within ninety days after receiving the notice, submit | 768 |
to the Registrar proof of financial responsibility in another | 769 |
manner approved by the Registrar. Upon receiving such proof, the | 770 |
Registrar shall direct the Treasurer of State to return the money | 771 |
or securities deposited by each such person. The Treasurer of | 772 |
State shall promptly comply with the Registrar's request. | 773 |
Sec. 4509.101. (A)(1) No person shall operate, or permit
the | 777 |
operation of, a motor vehicle in this state, unless proof of | 778 |
financial responsibility is maintained continuously throughout
the | 779 |
registration period with respect to that vehicle, or, in the
case | 780 |
of a driver who is not the owner, with respect to that
driver's | 781 |
operation of that vehicle. | 782 |
(a)
Subject
to divisions (A)(2)(b) and (c) of this
section,
a | 785 |
class
E
suspension of the person's driver's license, commercial | 786 |
driver's
license, temporary instruction permit, probationary | 787 |
license, or
nonresident
operating privilege for the period of time | 788 |
specified
in division
(B)(5) of
section 4510.02 of the Revised | 789 |
Code and
impoundment of the person's license.
The
court
may
grant | 790 |
limited driving privileges to the person only if the
person | 791 |
presents proof of financial responsibility and has complied
with | 792 |
division
(A)(5) of this section. | 793 |
(b) If, within
five years of the violation, the person's | 794 |
operating privileges
are again suspended and the person's license | 795 |
again is impounded
for a violation of division
(A)(1) of this | 796 |
section,
a class
C suspension of the person's
driver's license, | 797 |
commercial driver's
license, temporary
instruction permit, | 798 |
probationary license, or nonresident
operating
privilege for the | 799 |
period of time specified in division
(B)(3) of
section 4510.02 of | 800 |
the Revised Code. The court may grant limited
driving privileges | 801 |
to the
person only if the person presents proof
of financial | 802 |
responsibility and has
complied with division (A)(5)
of this | 803 |
section, and no court may grant
limited driving privileges
for the | 804 |
first fifteen days of the
suspension. | 805 |
(c)
If, within five years of the violation, the
person's | 806 |
operating privileges are suspended and the person's license is | 807 |
impounded two or more times for a violation of division (A)(1) of | 808 |
this section, a class B suspension of the person's driver's | 809 |
license, commercial driver's license, temporary instruction | 810 |
permit,
probationary license, or nonresident operating privilege | 811 |
for the period of
time
specified in division (B)(2) of section | 812 |
4510.02 of the Revised Code. No court may
grant limited driving | 813 |
privileges during the suspension. | 814 |
(3) A person to whom this state has issued a certificate
of | 821 |
registration for a motor vehicle or a license to operate a
motor | 822 |
vehicle or who is determined to have operated any motor
vehicle or | 823 |
permitted the operation in this state of a motor
vehicle owned by | 824 |
the person shall be required to verify the
existence of proof of | 825 |
financial responsibility covering the
operation of the motor | 826 |
vehicle or the person's operation of the
motor vehicle under any | 827 |
of the following circumstances: | 828 |
(4) An order of the registrar that suspends and
impounds a | 840 |
license or
registration, or both, shall state the date on or | 841 |
before which
the person is required to surrender the person's | 842 |
license or
certificate of registration and license plates. The | 843 |
person
is deemed to have surrendered the license or certificate of | 844 |
registration and license plates, in compliance with the
order, if | 845 |
the person does either of the following: | 846 |
(5) Except as provided in division (A)(6)
or (L) of this | 854 |
section,
the registrar shall not restore any operating
privileges | 855 |
or
registration rights suspended under this section,
return any | 856 |
license, certificate of registration, or license
plates impounded | 857 |
under this section, or reissue license plates
under section | 858 |
4503.232 of the Revised Code, if the registrar
destroyed the | 859 |
impounded license plates under that section,
or reissue a license | 860 |
under section
4510.52 of the
Revised Code,
if the
registrar | 861 |
destroyed the suspended license under that
section,
unless the | 862 |
rights are not subject to suspension or
revocation
under any other | 863 |
law and unless the person, in addition
to
complying with all other | 864 |
conditions required by law for
reinstatement of the operating | 865 |
privileges or registration rights,
complies with all of the | 866 |
following: | 867 |
(6) If the registrar issues an order under division
(A)(2)
of | 881 |
this
section resulting from the failure of a person to respond
to | 882 |
a financial
responsibility random verification request under | 883 |
division (A)(3)(c) of this section and the person
successfully | 884 |
maintains an affirmative defense to a violation of section
4510.16 | 885 |
of the
Revised Code or is determined by the registrar or a
deputy | 886 |
registrar to have been in compliance with division (A)(1)
of this | 887 |
section at the time of the initial financial
responsibility random | 888 |
verification request, the
registrar shall do
both of the | 889 |
following: | 890 |
(c) Record the name and address of the person whose | 910 |
certificate of registration and license plates have been
impounded | 911 |
or are under an order of impoundment, or whose license
has been | 912 |
suspended or is under an order of suspension; the serial
number of | 913 |
the person's license; the serial numbers of
the person's | 914 |
certificate of
registration and license plates; and the person's | 915 |
social
security account number, if assigned, or, where the motor | 916 |
vehicle
is used for hire or principally in connection with any | 917 |
established business, the person's federal taxpayer
identification | 918 |
number. The information shall be recorded in such
a manner that
it | 919 |
becomes a part of the person's permanent record,
and assists
the | 920 |
registrar in monitoring compliance with the
orders of
suspension | 921 |
or impoundment. | 922 |
(d) Send written notification to every person to whom the | 923 |
order pertains, at the person's last known address as shown on
the | 924 |
records of the bureau. The person, within ten days
after the date | 925 |
of the mailing of the notification, shall surrender to
the | 926 |
registrar, in a manner set forth in division (A)(4) of this | 927 |
section, any certificate of registration and registration plates | 928 |
under an order of impoundment, or any license under an order of | 929 |
suspension. | 930 |
(2) The registrar shall issue any order under division
(B)(1) | 931 |
of this section without a hearing. Any person
adversely
affected | 932 |
by the order, within ten days after the issuance of
the
order, may | 933 |
request an administrative hearing before the
registrar,
who shall | 934 |
provide the person with an opportunity for a
hearing in
accordance | 935 |
with this paragraph. A request for a
hearing does not
operate as a | 936 |
suspension of the order. The scope
of the hearing
shall be limited | 937 |
to whether the person in fact
demonstrated to the
registrar proof | 938 |
of financial responsibility
in accordance with
this section. The | 939 |
registrar shall determine
the date, time, and
place of any | 940 |
hearing, provided that the
hearing shall be held, and
an order | 941 |
issued or findings made,
within thirty days after the
registrar | 942 |
receives a request for a
hearing. If requested by the
person in | 943 |
writing, the registrar
may designate as the place of
hearing the | 944 |
county seat of the
county in which the person resides
or a place | 945 |
within fifty miles
of the person's residence. The
person shall pay | 946 |
the cost of the
hearing before the registrar, if
the registrar's | 947 |
order of
suspension or impoundment is upheld. | 948 |
(C) Any order of suspension or impoundment issued under
this | 949 |
section or division (B) of section 4509.37 of the Revised
Code may | 950 |
be terminated at any time if the registrar determines
upon a | 951 |
showing of proof of financial responsibility that the
operator or | 952 |
owner of the motor vehicle was in compliance with
division (A)(1) | 953 |
of this section at the time of the traffic
offense, motor vehicle | 954 |
inspection, or accident that
resulted in
the order against the | 955 |
person. A determination may be made
without a hearing. This | 956 |
division does not apply unless the
person shows good cause for the | 957 |
person's failure to present
satisfactory proof of financial | 958 |
responsibility to the
registrar prior to the issuance of the | 959 |
order. | 960 |
(a) Except as provided in division
(D)(1)(b) of this
section, | 963 |
any peace
officer who, in the performance of the peace
officer's | 964 |
duties as
authorized by
law, becomes aware of a person
whose | 965 |
license is under an order of
suspension, or whose
certificate of | 966 |
registration and license
plates are under an order
of impoundment, | 967 |
pursuant to this
section, may confiscate the
license, certificate | 968 |
of
registration, and license plates, and
return them to the | 969 |
registrar. | 970 |
(b) Any peace officer who, in the performance of the peace | 971 |
officer's duties as authorized by law, becomes aware of a person | 972 |
whose license
is under an order of
suspension, or whose | 973 |
certificate of registration and license
plates are under an order | 974 |
of impoundment resulting from failure to
respond to a financial | 975 |
responsibility random verification, shall
not, for that reason, | 976 |
arrest the owner or operator or seize the vehicle or
license | 977 |
plates. Instead, the peace officer shall issue a citation for a | 978 |
violation of
section
4510.16
of the
Revised Code specifying the | 979 |
circumstances as failure to respond to
a financial responsibility | 980 |
random
verification. | 981 |
(3) A peace officer shall indicate on every traffic ticket | 988 |
whether the person receiving the traffic ticket produced proof of | 989 |
the maintenance of financial responsibility in response to the | 990 |
officer's request under division (D)(2) of this section.
The
peace | 991 |
officer shall inform every person who receives a traffic
ticket | 992 |
and who has failed to produce proof of
the
maintenance of | 993 |
financial responsibility that the person
must submit proof to the | 994 |
traffic violations bureau with any payment of a
fine and costs for | 995 |
the ticketed violation or, if the person is to
appear in court for | 996 |
the
violation, the person must submit proof
to the court. | 997 |
(4)(a) If a person who has failed to produce proof
of
the | 998 |
maintenance of financial responsibility appears in court for a | 999 |
ticketed
violation, the court may permit the defendant to present | 1000 |
evidence
of proof of financial responsibility to the court at such | 1001 |
time
and in such manner as the court determines to be necessary or | 1002 |
appropriate. The clerk of courts shall provide the registrar
with | 1003 |
the identity of any person who fails to submit proof of the | 1004 |
maintenance of financial responsibility pursuant to division | 1005 |
(D)(3) of this section. | 1006 |
(5)(a) Upon receiving notice from a clerk of courts or | 1012 |
traffic
violations bureau pursuant to division (D)(4) of this | 1013 |
section,
the registrar shall
order the suspension of the license | 1014 |
of the person required under division
(A)(2)(a), (b),
or
(c) of | 1015 |
this section and the
impoundment of the
person's certificate of | 1016 |
registration and license plates required under
division
(A)(2)(d) | 1017 |
of this section, effective thirty
days after the date
of the | 1018 |
mailing of notification. The registrar also
shall notify
the | 1019 |
person
that the person must present the registrar with proof
of | 1020 |
financial
responsibility in accordance with this section, | 1021 |
surrender to the
registrar the person's certificate of | 1022 |
registration,
license plates,
and license, or submit a statement | 1023 |
subject to section 2921.13 of
the Revised Code that the person did | 1024 |
not operate or permit
the operation
of the motor vehicle at the | 1025 |
time of the offense.
Notification
shall be in writing and shall
be | 1026 |
sent to the person at the person's
last known address as shown
on | 1027 |
the records of the bureau of motor
vehicles. The person,
within | 1028 |
fifteen days after the date
of the mailing of notification,
shall | 1029 |
present proof of financial
responsibility, surrender the | 1030 |
certificate of registration,
license plates, and license to the | 1031 |
registrar in a
manner set
forth in division (A)(4) of this | 1032 |
section, or submit the statement
required under this section | 1033 |
together with other information the
person considers appropriate. | 1034 |
(b) In the case of a person who presents, within the | 1041 |
fifteen-day period, documents to show proof of financial | 1042 |
responsibility, the registrar shall terminate the order of | 1043 |
suspension and the impoundment of the registration and license | 1044 |
plates required
under division (A)(2)(d) of this section and
shall | 1045 |
send
written notification
to the person, at the person's
last | 1046 |
known address as shown on the records of
the bureau. | 1047 |
(c) Any person adversely affected by the order of the | 1048 |
registrar under division (D)(5)(a) or (b) of this section,
within | 1049 |
ten days after the issuance of the order, may request an | 1050 |
administrative hearing before the registrar, who shall provide
the | 1051 |
person with an opportunity for a hearing in accordance with
this | 1052 |
paragraph. A request for a hearing does not operate as a | 1053 |
suspension of the order. The scope of the hearing shall be
limited | 1054 |
to whether the person in fact demonstrated to the
registrar proof | 1055 |
of financial responsibility in accordance with
this section. The | 1056 |
registrar shall determine the date, time, and
place of any | 1057 |
hearing; provided, that the hearing shall be held,
and an order | 1058 |
issued or findings made, within thirty days after
the
registrar | 1059 |
receives a request for a hearing. If requested by
the
person in | 1060 |
writing, the registrar may designate as the place
of
hearing the | 1061 |
county seat of the county in which the person
resides
or a place | 1062 |
within fifty miles of the person's residence.
Such
person shall | 1063 |
pay the cost of the hearing before the
registrar, if
the | 1064 |
registrar's order of suspension or impoundment
under division | 1065 |
(D)(5)(a) or (b) of this section is upheld. | 1066 |
(6) A peace officer may charge an owner or operator of a | 1067 |
motor vehicle with a violation of
section
4510.16 of the Revised | 1068 |
Code when the owner or operator
fails to
show proof of the | 1069 |
maintenance of financial responsibility
pursuant to a peace | 1070 |
officer's request under division (D)(2)
of
this section, if a | 1071 |
check of the owner or operator's driving
record
indicates that the | 1072 |
owner or operator, at the time of the
operation
of the motor | 1073 |
vehicle, is required to file and maintain
proof of
financial | 1074 |
responsibility under section 4509.45 of the
Revised Code
for a | 1075 |
previous violation of this chapter. | 1076 |
(E) All fees, except court costs, collected under this | 1088 |
section shall be paid into the state treasury to the credit of
the | 1089 |
financial responsibility compliance fund. The financial | 1090 |
responsibility compliance fund shall be used exclusively to cover | 1091 |
costs incurred by the bureau in the administration of this
section | 1092 |
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, | 1093 |
and by any law enforcement agency employing any
peace officer who | 1094 |
returns any license, certificate of
registration, and license | 1095 |
plates to the registrar pursuant
to division (C) of this section, | 1096 |
except that the director
of
budget and management may transfer | 1097 |
excess money from the
financial responsibility compliance fund to | 1098 |
the state
bureau of motor vehicles fund if the registrar | 1099 |
determines that the amount of
money
in the financial | 1100 |
responsibility compliance fund exceeds the
amount required to | 1101 |
cover such costs incurred by the bureau or a
law enforcement | 1102 |
agency and requests the director to make the
transfer. | 1103 |
(G)(1) The registrar, court, traffic violations
bureau, or | 1109 |
peace officer may require
proof of financial responsibility to be | 1110 |
demonstrated by use of a
standard form prescribed by the | 1111 |
registrar. If the use of a
standard form is not required, a
person | 1112 |
may demonstrate proof of
financial responsibility under
this | 1113 |
section by presenting to the
traffic violations bureau,
court, | 1114 |
registrar, or peace officer
any of the following documents
or a | 1115 |
copy of the documents: | 1116 |
(c) Whenever it is determined by a final judgment in a | 1166 |
judicial proceeding that an insurer or surety, which has been | 1167 |
named on a document accepted by a court or the registrar as proof | 1168 |
of financial responsibility covering the operation of a motor | 1169 |
vehicle at the time of an accident or offense, is not liable to | 1170 |
pay a judgment for injuries or damages resulting from such | 1171 |
operation, the registrar, notwithstanding any previous
contrary | 1172 |
finding, shall forthwith suspend the operating privileges and | 1173 |
registration rights of the person against whom the judgment was | 1174 |
rendered as provided in division (A)(2) of this section. | 1175 |
(H) In order for any document described in division
(G)(1)(b) | 1176 |
of this section to be used for the demonstration
of
proof of | 1177 |
financial responsibility under this section, the
document
shall | 1178 |
state the name of the insured or obligor, the name
of the
insurer | 1179 |
or surety company, and the effective and
expiration dates
of the | 1180 |
financial responsibility, and designate
by explicit
description or | 1181 |
by appropriate reference all motor
vehicles covered
which may | 1182 |
include a reference to fleet insurance
coverage. | 1183 |
(I) For purposes of this section, "owner" does not include
a | 1184 |
licensed motor vehicle leasing dealer as defined in section | 1185 |
4517.01 of the Revised Code, but does include a motor vehicle | 1186 |
renting dealer as defined in section 4549.65 of the Revised
Code.
| 1187 |
Nothing in this section or in section 4509.51 of the Revised Code | 1188 |
shall be
construed to prohibit a motor vehicle renting dealer
from | 1189 |
entering into a contractual agreement with a person whereby
the | 1190 |
person renting the motor vehicle agrees to be solely responsible | 1191 |
for
maintaining proof of
financial responsibility, in accordance | 1192 |
with this section, with
respect to the operation, maintenance, or | 1193 |
use of the motor vehicle during the
period
of the motor vehicle's | 1194 |
rental. | 1195 |
(M) The registrar shall adopt rules in accordance with | 1228 |
Chapter 119. of the Revised Code that are necessary to administer | 1229 |
and enforce this section. The rules shall include procedures for | 1230 |
the surrender of license plates upon failure to maintain
proof of | 1231 |
financial responsibility and provisions relating to
reinstatement | 1232 |
of registration rights, acceptable forms of proof
of financial | 1233 |
responsibility, and verification of the existence of
financial | 1234 |
responsibility during the period of registration. | 1235 |
(5) A certificate of self-insurance, as provided in
section | 1248 |
4509.72 of the Revised Code, supplemented by an agreement
by the | 1249 |
self-insurer that, with respect to accidents occurring
while the | 1250 |
certificate is in force,
the self-insurer will pay
the same | 1251 |
amounts
that an insurer would have been obligated to pay
under an | 1252 |
owner's
motor vehicle liability policy if it had issued
such a | 1253 |
policy to
the self-insurer. | 1254 |
(2) A policy of liability insurance, a declaration page of
a | 1267 |
policy of liability insurance, or liability bond, if the policy
or | 1268 |
bond provides coverage in accordance with division (B) of this | 1269 |
section and otherwise complies with sections 4509.49 to 4509.61
of | 1270 |
the Revised Code, and if the policy or bond provides that such | 1271 |
policy or bond shall not be canceled or terminated prior to not | 1272 |
less than ten days after a written notice of cancellation or | 1273 |
termination is filed with the registrar; | 1274 |
(B) As used in this section and section 4509.81 of the | 1285 |
Revised Code, "proof of financial responsibility" means proof of | 1286 |
ability to respond in damages for liability, on account of | 1287 |
accidents occurring subsequent to the effective date of such | 1288 |
proof, arising out of the ownership, maintenance, or use of a | 1289 |
chauffeured limousine in the amount of one hundred thousand | 1290 |
dollars because of bodily injury to or death of one person in any | 1291 |
one accident, three hundred thousand dollars because of bodily | 1292 |
injury to or death of two or more persons in any one accident,
and | 1293 |
fifty thousand dollars because of injury to property of
others in | 1294 |
any one accident. | 1295 |
(C) Upon the request of a law enforcement officer, the | 1296 |
operator of any chauffeured limousine shall produce proof of | 1297 |
compliance with this section. The law enforcement officer | 1298 |
requesting such proof shall notify the registrar of any violation | 1299 |
of this section. The notice to the registrar shall be on a form | 1300 |
prescribed by the registrar and supplied by the registrar at the | 1301 |
registrar's expense, and shall include the license plate number
of | 1302 |
the chauffeured limousine and any other information the
registrar | 1303 |
requires. | 1304 |
(D) The owner, or
the owner's designee, shall provide
written | 1305 |
notice to the registrar of cancellation or termination of
the | 1306 |
coverage required by this section not less than ten days prior
to | 1307 |
the effective date of cancellation, and, on or before the | 1308 |
effective date of cancellation, shall voluntarily surrender the | 1309 |
livery license plate sticker for the vehicle or vehicles for
which | 1310 |
the cancellation is effective. If the livery license plate
sticker | 1311 |
is timely and voluntarily surrendered, the registrar
shall, upon | 1312 |
the filing of proof of financial responsibility as
required by | 1313 |
this section, reinstate the livery registration of
the
vehicle and | 1314 |
issue a current livery license plate sticker for
the
vehicle. | 1315 |