H. B. No. 343 As Introduced

Representative Raga

A BILL

To amend sections 4507.05 and 4507.071 of the Revised 1
Code to increase the age at which a person is 2
eligible to obtain a temporary instruction permit 3
from 15 years 6 months to 16 years and to prohibit 4
the holder of a probationary driver's license from 5
operating a motor vehicle between one a.m. and 6
five a.m. or with more than one person who is not 7
a family member occupying the vehicle. 8

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

       Section 1. That sections 4507.05 and 4507.071 of the Revised 9
Code be amended to read as follows: 10

       Sec. 4507.05. (A) The registrar of motor vehicles, or a 11
deputy registrar, upon receiving an application for a temporary 12
instruction permit and a temporary instruction permit 13
identification card for a driver's license from any person who is 14
at least ~~fifteen~~sixteen years ~~and six months~~ of age, may issue 15
such a permit and identification card entitling the applicant to 16
drive a motor vehicle, other than a commercial motor vehicle, upon 17
the highways under the following conditions: 18

       (1) If the permit is issued to a person who is at least 19
~~fifteen~~sixteen years ~~and six months~~ of age, but less than sixteen 20
years six months of age: 21

       (a) The permit and identification card are in the holder's 22
immediate possession; 23

       (b) The holder is accompanied by an eligible adult who 24
actually occupies the seat beside the permit holder and does not 25
have a prohibited concentration of alcohol in the whole blood, 26
blood serum or plasma, breath, or urine as provided in division 27
(A) of section 4511.19 of the Revised Code; 28

       (c) The total number of occupants of the vehicle does not 29
exceed the total number of occupant restraining devices originally 30
installed in the motor vehicle by its manufacturer, and each 31
occupant of the vehicle is wearing all of the available elements 32
of a properly adjusted occupant restraining device. 33

       (2) If the permit is issued to a person who is at least 34
sixteen years six months of age: 35

       (a) The permit and identification card are in the holder's 36
immediate possession; 37

       (b) The holder is accompanied by a licensed operator who is 38
at least twenty-one years of age, is actually occupying a seat 39
beside the driver, and does not have a prohibited concentration of 40
alcohol in the whole blood, blood serum or plasma, breath, or 41
urine as provided in division (A) of section 4511.19 of the 42
Revised Code; 43

       (c) The total number of occupants of the vehicle does not 44
exceed the total number of occupant restraining devices originally 45
installed in the motor vehicle by its manufacturer, and each 46
occupant of the vehicle is wearing all of the available elements 47
of a properly adjusted occupant restraining device. 48

       (B) The registrar or a deputy registrar, upon receiving from 49
any person an application for a temporary instruction permit and 50
temporary instruction permit identification card to operate a 51
motorcycle or motorized bicycle, may issue such a permit and 52
identification card entitling the applicant, while having the 53
permit and identification card in the applicant's immediate 54
possession, to drive a motorcycle or motorized bicycle under 55
restrictions determined by the registrar. A temporary instruction 56
permit and temporary instruction permit identification card to 57
operate a motorized bicycle may be issued to a person fourteen or 58
fifteen years old. 59

       (C) Any permit and identification card issued under this 60
section shall be issued in the same manner as a driver's license, 61
upon a form to be furnished by the registrar. A temporary 62
instruction permit to drive a motor vehicle other than a 63
commercial motor vehicle shall be valid for a period of one year. 64

       (D) Any person having in the person's possession a valid and 65
current driver's license or motorcycle operator's license or 66
endorsement issued to the person by another jurisdiction 67
recognized by this state is exempt from obtaining a temporary 68
instruction permit for a driver's license, but shall submit to the 69
regular examination in obtaining a driver's license or motorcycle 70
operator's endorsement in this state. 71

       (E) The registrar may adopt rules governing the use of 72
temporary instruction permits and temporary instruction permit 73
identification cards. 74

       (F)(1) No holder of a permit issued under division (A) of 75
this section shall operate a motor vehicle upon a highway or any 76
public or private property used by the public for purposes of 77
vehicular travel or parking in violation of the conditions 78
established under division (A) of this section. 79

       (2) Except as provided in division (F)(2) of this section, no 80
holder of a permit that is issued under division (A) of this 81
section and that is issued on or after July 1, 1998, and who has 82
not attained the age of ~~seventeen~~eighteen years, shall operate a 83
motor vehicle upon a highway or any public or private property 84
used by the public for purposes of vehicular travel or parking 85
between the hours of one a.m. and five a.m. 86

       The holder of a permit issued under division (A) of this 87
section on or after July 1, 1998, who has not attained the age of 88
~~seventeen~~eighteen years, may operate a motor vehicle upon a 89
highway or any public or private property used by the public for 90
purposes of vehicular travel or parking between the hours of one 91
a.m. and five a.m. if, at the time of such operation, the holder 92
is accompanied by the holder's parent, guardian, or custodian, and 93
the parent, guardian, or custodian holds a current valid driver's 94
or commercial driver's license issued by this state, is actually 95
occupying a seat beside the permit holder, and does not have a 96
prohibited concentration of alcohol in the whole blood, blood 97
serum or plasma, breath, or urine as provided in division (A) of 98
section 4511.19 of the Revised Code. 99

       (G)(1) Notwithstanding any other provision of law to the 100
contrary, no law enforcement officer shall cause the operator of a 101
motor vehicle being operated on any street or highway to stop the 102
motor vehicle for the sole purpose of determining whether each 103
occupant of the motor vehicle is wearing all of the available 104
elements of a properly adjusted occupant restraining device as 105
required by division (A) of this section, or for the sole purpose 106
of issuing a ticket, citation, or summons if the requirement in 107
that division has been or is being violated, or for causing the 108
arrest of or commencing a prosecution of a person for a violation 109
of that requirement. 110

       (2) Notwithstanding any other provision of law to the 111
contrary, no law enforcement officer shall cause the operator of a 112
motor vehicle being operated on any street or highway to stop the 113
motor vehicle for the sole purpose of determining whether a 114
violation of division (F)(2) of this section has been or is being 115
committed or for the sole purpose of issuing a ticket, citation, 116
or summons for such a violation or for causing the arrest of or 117
commencing a prosecution of a person for such violation. 118

       (H) As used in this section: 119

       (1) "Eligible adult" means any of the following: 120

       (a) An instructor of a driver training course approved by the 121
department of public safety; 122

       (b) Any of the following persons who holds a current valid 123
driver's or commercial driver's license issued by this state: 124

       (i) A parent, guardian, or custodian of the permit holder; 125

       (ii) A person twenty-one years of age or older who acts in 126
loco parentis of the permit holder. 127

       (2) "Occupant restraining device" has the same meaning as in 128
section 4513.263 of the Revised Code. 129

       (I) Whoever violates division (F)(1) or (2) of this section 130
is guilty of a minor misdemeanor. 131

       Sec. 4507.071. (A) No driver's license shall be issued to 132
any person under eighteen years of age, except that a probationary 133
license may be issued to a person who is at least sixteen years 134
six months of age and has held a temporary instruction permit for 135
a period of at least six months. 136

       (B)(1) No holder of a probationary driver's license issued on 137
or after ~~the effective date of this section who has not attained~~ 138
~~the age of seventeen years~~January 1, 1999, shall operate a motor 139
vehicle upon a highway or any public or private property used by 140
the public for purposes of vehicular travel or parking between the 141
hours of one a.m. and five a.m. unless the holder is accompanied 142
by the holder's parent or guardian. 143

       (2) No holder of a probationary driver's license shall 144
operate a motor vehicle upon a highway or any public or private 145
property used by the public for purposes of vehicular travel or 146
parking with more than one person who is not a family member 147
occupying the vehicle. 148

       (C) It is an affirmative defense to a violation of division 149
(B)(1) or (2) of this section if, at the time of the violation, 150
the holder of the probationary driver's license was traveling to 151
or from the holder's place of employment or an official function 152
sponsored by the school the holder attends, or an emergency 153
existed that required the holder to operate a motor vehicle in 154
violation of division (B)(1) or (2) of this section, or the holder 155
was an emancipated minor. 156

       (D) No holder of a probationary license shall operate a motor 157
vehicle upon a highway or any public or private property used by 158
the public for purposes of vehicular travel or parking unless the 159
total number of occupants of the vehicle does not exceed the total 160
number of occupant restraining devices originally installed in the 161
motor vehicle by its manufacturer, and each occupant of the 162
vehicle is wearing all of the available elements of a properly 163
adjusted occupant restraining device. 164

       (E) A restricted license may be issued to a person who is 165
fourteen or fifteen years of age upon proof of hardship 166
satisfactory to the registrar of motor vehicles. 167

       (F) Notwithstanding any other provision of law to the 168
contrary, no law enforcement officer shall cause the operator of a 169
motor vehicle being operated on any street or highway to stop the 170
motor vehicle for the sole purpose of determining whether each 171
occupant of the motor vehicle is wearing all of the available 172
elements of a properly adjusted occupant restraining device as 173
required by division (D) of this section, or for the sole purpose 174
of issuing a ticket, citation, or summons if the requirement in 175
that division has been or is being violated, or for causing the 176
arrest of or commencing a prosecution of a person for a violation 177
of that requirement. 178

       (G) Notwithstanding any other provision of law to the 179
contrary, no law enforcement officer shall cause the operator of a 180
motor vehicle being operated on any street or highway to stop the 181
motor vehicle for the sole purpose of determining whether a 182
violation of division (B) of this section has been or is being 183
committed or for the sole purpose of issuing a ticket, citation, 184
or summons for such a violation or for causing the arrest of or 185
commencing a prosecution of a person for such violation. 186

       (H) As used in this section~~, "occupant~~: 187

       (1) "Occupant restraining device" has the same meaning as in 188
section 4513.263 of the Revised Code. 189

       (2) "Family member" of a probationary license holder includes 190
any of the following: 191

       (a) A spouse; 192

       (b) A child or stepchild; 193

       (c) A parent, stepparent, grandparent, or parent-in-law; 194

       (d) An aunt or uncle; 195

       (e) A sibling, whether of the whole or half blood, or by 196
adoption, a brother-in-law, or sister-in-law; 197

       (f) A son or daughter of the probationary license holder's 198
stepparent if the stepparent has not adopted the probationary 199
license holder; 200

       (g) An eligible adult, as defined in section 4507.05 of the 201
Revised Code. 202

       (I) Whoever violates division (B)(1) or (2) or (D) of this 203
section is guilty of a minor misdemeanor. 204

       Section 2. That existing sections 4507.05 and 4507.071 of the 205
Revised Code are hereby repealed. 206

Section 1. That sections 4507.05 and 4507.071 of the Revised	9
Code be amended to read as follows:	10

Sec. 4507.05. (A) The registrar of motor vehicles, or a	11
deputy registrar, upon receiving an application for a temporary	12
instruction permit and a temporary instruction permit	13
identification card for a driver's license from any person who is	14
at least ~~fifteen~~sixteen years ~~and six months~~ of age, may issue	15
such a permit and identification card entitling the applicant to	16
drive a motor vehicle, other than a commercial motor vehicle, upon	17
the highways under the following conditions:	18

(1) If the permit is issued to a person who is at least	19
~~fifteen~~sixteen years ~~and six months~~ of age, but less than sixteen	20
years six months of age:	21

(a) The permit and identification card are in the holder's	22
immediate possession;	23

(b) The holder is accompanied by an eligible adult who	24
actually occupies the seat beside the permit holder and does not	25
have a prohibited concentration of alcohol in the whole blood,	26
blood serum or plasma, breath, or urine as provided in division	27
(A) of section 4511.19 of the Revised Code;	28

(c) The total number of occupants of the vehicle does not	29
exceed the total number of occupant restraining devices originally	30
installed in the motor vehicle by its manufacturer, and each	31
occupant of the vehicle is wearing all of the available elements	32
of a properly adjusted occupant restraining device.	33

(2) If the permit is issued to a person who is at least	34
sixteen years six months of age:	35

(b) The holder is accompanied by a licensed operator who is	38
at least twenty-one years of age, is actually occupying a seat	39
beside the driver, and does not have a prohibited concentration of	40
alcohol in the whole blood, blood serum or plasma, breath, or	41
urine as provided in division (A) of section 4511.19 of the	42
Revised Code;	43

(B) The registrar or a deputy registrar, upon receiving from	49
any person an application for a temporary instruction permit and	50
temporary instruction permit identification card to operate a	51
motorcycle or motorized bicycle, may issue such a permit and	52
identification card entitling the applicant, while having the	53
permit and identification card in the applicant's immediate	54
possession, to drive a motorcycle or motorized bicycle under	55
restrictions determined by the registrar. A temporary instruction	56
permit and temporary instruction permit identification card to	57
operate a motorized bicycle may be issued to a person fourteen or	58
fifteen years old.	59

(C) Any permit and identification card issued under this	60
section shall be issued in the same manner as a driver's license,	61
upon a form to be furnished by the registrar. A temporary	62
instruction permit to drive a motor vehicle other than a	63
commercial motor vehicle shall be valid for a period of one year.	64

(D) Any person having in the person's possession a valid and	65
current driver's license or motorcycle operator's license or	66
endorsement issued to the person by another jurisdiction	67
recognized by this state is exempt from obtaining a temporary	68
instruction permit for a driver's license, but shall submit to the	69
regular examination in obtaining a driver's license or motorcycle	70
operator's endorsement in this state.	71

(E) The registrar may adopt rules governing the use of	72
temporary instruction permits and temporary instruction permit	73
identification cards.	74

(F)(1) No holder of a permit issued under division (A) of	75
this section shall operate a motor vehicle upon a highway or any	76
public or private property used by the public for purposes of	77
vehicular travel or parking in violation of the conditions	78
established under division (A) of this section.	79

(2) Except as provided in division (F)(2) of this section, no	80
holder of a permit that is issued under division (A) of this	81
section and that is issued on or after July 1, 1998, and who has	82
not attained the age of ~~seventeen~~eighteen years, shall operate a	83
motor vehicle upon a highway or any public or private property	84
used by the public for purposes of vehicular travel or parking	85
between the hours of one a.m. and five a.m.	86

The holder of a permit issued under division (A) of this	87
section on or after July 1, 1998, who has not attained the age of	88
~~seventeen~~eighteen years, may operate a motor vehicle upon a	89
highway or any public or private property used by the public for	90
purposes of vehicular travel or parking between the hours of one	91
a.m. and five a.m. if, at the time of such operation, the holder	92
is accompanied by the holder's parent, guardian, or custodian, and	93
the parent, guardian, or custodian holds a current valid driver's	94
or commercial driver's license issued by this state, is actually	95
occupying a seat beside the permit holder, and does not have a	96
prohibited concentration of alcohol in the whole blood, blood	97
serum or plasma, breath, or urine as provided in division (A) of	98
section 4511.19 of the Revised Code.	99

(G)(1) Notwithstanding any other provision of law to the	100
contrary, no law enforcement officer shall cause the operator of a	101
motor vehicle being operated on any street or highway to stop the	102
motor vehicle for the sole purpose of determining whether each	103
occupant of the motor vehicle is wearing all of the available	104
elements of a properly adjusted occupant restraining device as	105
required by division (A) of this section, or for the sole purpose	106
of issuing a ticket, citation, or summons if the requirement in	107
that division has been or is being violated, or for causing the	108
arrest of or commencing a prosecution of a person for a violation	109
of that requirement.	110

(2) Notwithstanding any other provision of law to the	111
contrary, no law enforcement officer shall cause the operator of a	112
motor vehicle being operated on any street or highway to stop the	113
motor vehicle for the sole purpose of determining whether a	114
violation of division (F)(2) of this section has been or is being	115
committed or for the sole purpose of issuing a ticket, citation,	116
or summons for such a violation or for causing the arrest of or	117
commencing a prosecution of a person for such violation.	118

(a) An instructor of a driver training course approved by the	121
department of public safety;	122

(b) Any of the following persons who holds a current valid	123
driver's or commercial driver's license issued by this state:	124

(ii) A person twenty-one years of age or older who acts in	126
loco parentis of the permit holder.	127

(2) "Occupant restraining device" has the same meaning as in	128
section 4513.263 of the Revised Code.	129

(I) Whoever violates division (F)(1) or (2) of this section	130
is guilty of a minor misdemeanor.	131

Sec. 4507.071. (A) No driver's license shall be issued to	132
any person under eighteen years of age, except that a probationary	133
license may be issued to a person who is at least sixteen years	134
six months of age and has held a temporary instruction permit for	135
a period of at least six months.	136

(B)(1) No holder of a probationary driver's license issued on	137
or after ~~the effective date of this section who has not attained~~	138
~~the age of seventeen years~~January 1, 1999, shall operate a motor	139
vehicle upon a highway or any public or private property used by	140
the public for purposes of vehicular travel or parking between the	141
hours of one a.m. and five a.m. unless the holder is accompanied	142
by the holder's parent or guardian.	143

(2) No holder of a probationary driver's license shall	144
operate a motor vehicle upon a highway or any public or private	145
property used by the public for purposes of vehicular travel or	146
parking with more than one person who is not a family member	147
occupying the vehicle.	148

(C) It is an affirmative defense to a violation of division	149
(B)(1) or (2) of this section if, at the time of the violation,	150
the holder of the probationary driver's license was traveling to	151
or from the holder's place of employment or an official function	152
sponsored by the school the holder attends, or an emergency	153
existed that required the holder to operate a motor vehicle in	154
violation of division (B)(1) or (2) of this section, or the holder	155
was an emancipated minor.	156

(D) No holder of a probationary license shall operate a motor	157
vehicle upon a highway or any public or private property used by	158
the public for purposes of vehicular travel or parking unless the	159
total number of occupants of the vehicle does not exceed the total	160
number of occupant restraining devices originally installed in the	161
motor vehicle by its manufacturer, and each occupant of the	162
vehicle is wearing all of the available elements of a properly	163
adjusted occupant restraining device.	164

(E) A restricted license may be issued to a person who is	165
fourteen or fifteen years of age upon proof of hardship	166
satisfactory to the registrar of motor vehicles.	167

(F) Notwithstanding any other provision of law to the	168
contrary, no law enforcement officer shall cause the operator of a	169
motor vehicle being operated on any street or highway to stop the	170
motor vehicle for the sole purpose of determining whether each	171
occupant of the motor vehicle is wearing all of the available	172
elements of a properly adjusted occupant restraining device as	173
required by division (D) of this section, or for the sole purpose	174
of issuing a ticket, citation, or summons if the requirement in	175
that division has been or is being violated, or for causing the	176
arrest of or commencing a prosecution of a person for a violation	177
of that requirement.	178

(G) Notwithstanding any other provision of law to the	179
contrary, no law enforcement officer shall cause the operator of a	180
motor vehicle being operated on any street or highway to stop the	181
motor vehicle for the sole purpose of determining whether a	182
violation of division (B) of this section has been or is being	183
committed or for the sole purpose of issuing a ticket, citation,	184
or summons for such a violation or for causing the arrest of or	185
commencing a prosecution of a person for such violation.	186