| Sec. 4507.05. (A) The registrar of motor vehicles, or
a | 14 |
|
deputy registrar, upon receiving
an application
for a temporary | 15 |
|
instruction permit and a temporary instruction permit | 16 |
|
identification card for a driver's license from any person
who is | 17 |
at least fifteen years and six months of age, may
issue such a | 18 |
|
permit and identification card entitling the applicant to
drive a | 19 |
|
motor vehicle,
other than a commercial motor vehicle, upon the | 20 |
|
highways
under the following conditions: | 21 |
| (B) The registrar or a deputy registrar,
upon receiving from | 52 |
|
any person an application for a temporary
instruction permit and | 53 |
|
temporary instruction permit identification card
to
operate a | 54 |
|
motorcycle or motorized bicycle,
may issue such a permit and | 55 |
|
identification card entitling the
applicant, while
having the | 56 |
|
permit and identification card in the applicant's
immediate | 57 |
|
possession, to drive a
motorcycle or motorized bicycle under | 58 |
|
restrictions determined by the registrar.
A temporary instruction | 59 |
|
permit and temporary instruction permit
identification card to | 60 |
|
operate a motorized bicycle may be issued
to a person fourteen or | 61 |
|
fifteen years old. | 62 |
| (2) Except as provided in division (F)(2) of this section,
no | 83 |
|
holder of a permit that is issued under division
(A) of this | 84 |
|
section and that is issued on or
after
July 1, 1998, and who has | 85 |
not attained the age
of
seventeeneighteen years,
shall
operate a | 86 |
| motor vehicle upon a highway or
any public or
private property | 87 |
| used
by the public for purposes of
vehicular
travel or parking | 88 |
between the hours of
one a.m.midnight and fivesix
a.m. | 89 |
| The holder of a permit issued under division (A) of this | 90 |
|
section
on
or after
July 1,
1998, who has
not attained the age of | 91 |
seventeeneighteen years, may operate
a motor
vehicle upon a | 92 |
| highway or any public or
private property
used by
the public for | 93 |
purposes of vehicular travel or parking
between the
hours of one | 94 |
a.m.midnight and fivesix
a.m. if, at the time of
such operation, | 95 |
|
the holder is
accompanied by the holder's parent,
guardian, or | 96 |
|
custodian, and the parent,
guardian, or custodian
holds a current | 97 |
|
valid driver's or commercial driver's
license
issued by this | 98 |
| state, is actually occupying a seat beside the
permit holder, and | 99 |
| does not have a prohibited concentration of alcohol in the whole | 100 |
| blood, blood serum or plasma, breath, or urine as provided in | 101 |
| division (A) of section 4511.19 of the Revised Code. | 102 |
| (G)(1) Notwithstanding
any other provision of law to the | 103 |
|
contrary, no law enforcement
officer shall cause the operator of a | 104 |
|
motor vehicle being
operated on any street or highway to stop the | 105 |
|
motor vehicle for
the sole purpose of determining whether each | 106 |
|
occupant of the
motor vehicle is wearing all of the available | 107 |
|
elements of a
properly adjusted occupant restraining device as | 108 |
|
required by
division (A) of this
section, or for the sole purpose | 109 |
|
of issuing a ticket, citation,
or summons if the requirement in | 110 |
|
that division has been or is
being violated, or for causing the | 111 |
|
arrest of or commencing a
prosecution of a person for a violation | 112 |
|
of that
requirement. | 113 |
| (2) Notwithstanding any other provision of law to the | 114 |
|
contrary, no law
enforcement officer shall cause the operator of a | 115 |
|
motor vehicle being operated
on any street or highway to stop the | 116 |
|
motor vehicle for the sole purpose of
determining whether a | 117 |
|
violation of division
(F)(2) of this section has been or is being | 118 |
|
committed or for the sole purpose of issuing a ticket, citation, | 119 |
|
or summons
for
such a violation or for causing the arrest of or | 120 |
|
commencing a prosecution of a
person for such violation. | 121 |
| (4) No holder of a probationary driver's license who has not | 177 |
| attained the age of seventeen years shall operate a motor vehicle | 178 |
| upon a highway or any public or private property used by the | 179 |
| public for purposes of vehicular travel or parking with more than | 180 |
| one person who is not a family member occupying the vehicle unless | 181 |
| the family member occupying the vehicle is the probationary | 182 |
| license holder's parent, guardian, or custodian. | 183 |
| (C) It is an
affirmative defense to a violation of division | 184 |
|
(B)(1)(a) or (b) of this section if, at the time of the
violation, | 185 |
| the holder
of the probationary driver's license was traveling to | 186 |
or
from the
holder's place of employment or an official function | 187 |
| sponsored by
the
school the holder attends, or an emergency | 188 |
| existed that
required the holder to
operate a motor vehicle in | 189 |
| violation of
division (B)(1)(a) or (b) of this
section, or the | 190 |
| holder was an emancipated
minor. | 191 |
| (D)(1)(a) If a person is issued a probationary driver's | 192 |
| license prior to attaining the age of seventeen years and the | 193 |
| person pleads guilty to, is convicted of, or is adjudicated in | 194 |
| juvenile court of having committed a moving violation during the | 195 |
| six-month period commencing on the date on which the person is | 196 |
| issued the probationary driver's license, the holder must be | 197 |
| accompanied by the holder's parent or guardian whenever the holder | 198 |
| is operating a motor vehicle upon a highway or any public or | 199 |
| private property used by the public for purposes of vehicular | 200 |
| parking during whichever of the following time periods applies: | 201 |
|
(b) If the holder of a probationary driver's license commits | 212 |
| a moving violation during the six-month period after the person is | 213 |
| issued the probationary driver's license and before the person | 214 |
| attains the age of seventeen years and on the date the person | 215 |
| pleads guilty to, is convicted of, or is adjudicated in juvenile | 216 |
| court of having committed the moving violation the person has | 217 |
| attained the age of seventeen years, or if the person commits the | 218 |
| moving violation during the six-month period after the person is | 219 |
| issued the probationary driver's license and after the person | 220 |
| attains the age of seventeen years, the holder is not subject to | 221 |
| the restriction described in divisions (D)(1)(a)(i) and (ii) of | 222 |
| this section unless the court or juvenile court imposes such a | 223 |
| restriction upon the holder. | 224 |
|
(E) No holder of a probationary license shall
operate a
motor | 227 |
| vehicle upon a highway or any public or private
property
used by | 228 |
| the public for purposes of vehicular travel or
parking
unless
the | 229 |
| total number of occupants of the
vehicle does not
exceed the total | 230 |
| number of occupant restraining devices
originally
installed in the | 231 |
| motor vehicle by its manufacturer, and each
occupant
of the | 232 |
| vehicle is wearing all of
the available elements
of a properly | 233 |
| adjusted occupant
restraining device. | 234 |
(F)(G) Notwithstanding
any other provision of law to the | 238 |
|
contrary, no law enforcement
officer shall cause the operator of a | 239 |
|
motor vehicle being
operated on any street or highway to stop the | 240 |
|
motor vehicle for
the sole purpose of determining whether each | 241 |
|
occupant of the
motor vehicle is wearing all of the available | 242 |
|
elements of a
properly adjusted occupant restraining device as | 243 |
required by
division (D)(E) of this section,
or for the sole | 244 |
| purpose
of issuing a ticket, citation, or
summons if the | 245 |
| requirement in
that division has been or is being
violated, or for | 246 |
| causing the
arrest of or commencing a
prosecution of a person for | 247 |
| a violation
of that
requirement. | 248 |
(G)(H) Notwithstanding any other
provision of law to the | 249 |
|
contrary, no law enforcement officer shall cause the
operator of a | 250 |
|
motor vehicle being operated on any street or highway to stop
the | 251 |
|
motor vehicle for the sole purpose of determining whether a | 252 |
|
violation of
division (B)(1)(a) or (b) of this section has been or | 253 |
| is
being
committed or for the sole purpose of issuing a ticket, | 254 |
| citation,
or
summons for such a violation or for causing the | 255 |
| arrest of or
commencing a
prosecution of a person for such | 256 |
| violation. | 257 |
| (3) "Moving violation" means any violation of any statute or | 274 |
| ordinance that regulates the operation of vehicles, streetcars, or | 275 |
| trackless trolleys on the highways or streets. "Moving violation" | 276 |
| does not include a violation of section 4513.263 of the Revised | 277 |
| Code or a substantially equivalent municipal ordinance, or a | 278 |
| violation of any statute or ordinance regulating pedestrians or | 279 |
| the parking of vehicles, vehicle size or load limitations, vehicle | 280 |
| fitness requirements, or vehicle registration. | 281 |
| Sec. 4511.81. (A) When any child who is in either or both
of | 284 |
| the following
categories is being transported in a motor
vehicle, | 285 |
| other than a taxicab or
public safety vehicle as defined
in | 286 |
section 4511.01 of the Revised Code, that
is registered in this | 287 |
state and is required by the United States
department of | 288 |
|
transportation to be equipped with seat belts at
the time of | 289 |
|
manufacture or assembly, the operator of the motor
vehicle shall | 290 |
|
have the child properly secured in accordance with
the | 291 |
|
manufacturer's instructions in a child restraint system that
meets | 292 |
|
federal motor vehicle safety standards: | 293 |
| (B) When any child who is in either or both of the following | 296 |
|
categories is
being transported in a motor
vehicle, other than a | 297 |
taxicab, that is registered in this state
and is owned, leased, or | 298 |
|
otherwise under the control of a nursery
school, kindergarten, or | 299 |
|
day-care center, the operator of the
motor vehicle shall have the | 300 |
|
child properly secured in accordance
with the manufacturer's | 301 |
|
instructions in a child restraint system
that meets federal motor | 302 |
|
vehicle safety standards: | 303 |
| (C) When any child who is at least four years of age but not | 306 |
| older than fifteen years of age is being transported in a motor | 307 |
| vehicle, other than a taxicab or public safety vehicle as defined | 308 |
| in section 4511.01 of the Revised Code, that is required by the | 309 |
| United States department of transportation to be equipped with | 310 |
| seat belts at the time of manufacture or assembly, the operator of | 311 |
| the motor vehicle shall have the child properly restrained either | 312 |
| in accordance with the manufacturer's instructions in a child | 313 |
| restraint system that meets federal motor vehicle safety standards | 314 |
| or in an occupant restraining device as defined in section | 315 |
| 4513.263 of the Revised Code. | 316 |
| (D) Notwithstanding any provision of law to the contrary, no | 317 |
| law enforcement officer shall cause an operator of a motor vehicle | 318 |
| being operated on any street or highway to stop the motor vehicle | 319 |
| for the sole purpose of determining whether a violation of | 320 |
| division (C) of this section has been or is being committed or for | 321 |
| the sole purpose of issuing a ticket, citation, or summons for a | 322 |
| violation of that nature or causing the arrest of or commencing a | 323 |
| prosecution of a person for a violation of that nature, and no law | 324 |
| enforcement officer shall view the interior or visually inspect | 325 |
| any automobile being operated on any street or highway for the | 326 |
| sole purpose of determining whether a violation of that nature has | 327 |
| been or is being committed. | 328 |
(D)(F) The failure of an operator of a motor vehicle to | 331 |
|
secure
a child in a child restraint system or in an occupant | 332 |
| restraining device as required by this section is
not
negligence | 333 |
| imputable to
the child, is not admissible as
evidence in any civil | 334 |
| action
involving the rights of the child
against any other person | 335 |
|
allegedly liable for injuries to the
child, is not to be used as
a | 336 |
| basis for a criminal prosecution of
the operator of the motor | 337 |
|
vehicle other than a prosecution for a
violation of this section, | 338 |
|
and is not admissible as evidence in
any criminal action
involving | 339 |
| the operator of the motor vehicle
other than a
prosecution for a | 340 |
| violation of this section. | 341 |
(F) If a person who is not a resident of this state is | 347 |
charged with a violation of division (A) or (B) of
this section | 348 |
and does not prove to the court, by a preponderance
of the | 349 |
evidence, that the person's use or nonuse of a child
restraint | 350 |
system was in accordance with the law of the state of which the | 351 |
person is
a resident, the court shall impose the fine levied by | 352 |
division
(H)(2) of
this section. | 353 |
(G)(H) There is hereby created in the state treasury the | 354 |
| "child
highway safety
fund," consisting of fines imposed
pursuant | 355 |
to
divisions (H)division (J)(1) and (2) of
this section
for | 356 |
violations
of
divisions (A) and, (B), and (C) of this section. | 357 |
| The
money in the fund
shall
be used by the department of health | 358 |
| only
to defray the cost
of
designating hospitals as pediatric | 359 |
|
trauma
centers
under
section
3727.081 of the Revised Code
and to | 360 |
|
establish and
administer a child highway safety program.
The | 361 |
|
purpose of the
program
shall be to educate the public about
child | 362 |
|
restraint
systems generally and the
importance of their
proper | 363 |
|
use. The
program also shall include a process for
providing child | 364 |
|
restraint
systems to persons who meet the
eligibility criteria | 365 |
|
established
by the department, and a
toll-free telephone number | 366 |
|
the public may
utilize to obtain
information about child restraint | 367 |
|
systems and
their proper
use. | 368 |
| (I) The director of health, in accordance with Chapter 119. | 369 |
| of
the Revised Code,
shall adopt any rules necessary to carry out | 370 |
|
this section, including rules
establishing the criteria a person | 371 |
|
must meet in order to receive a child
restraint system under the | 372 |
|
department's child restraint system program;
provided that rules | 373 |
|
relating to the verification of pediatric trauma
centers shall not | 374 |
|
be adopted under this section. | 375 |
(2) Whoever is not a resident of this state, violates | 387 |
division
(A) or (B)
of this section, and fails to prove by a | 388 |
preponderance of the evidence that the offender's use or
nonuse of | 389 |
a child restraint system was in accordance with the law of the | 390 |
state of which the
offender is a resident is guilty of a minor | 391 |
misdemeanor on a first
offense; on a second or subsequent offense, | 392 |
that person is guilty
of a misdemeanor of the fourth degree. | 393 |