(4) No holder of a probationary driver's license who is less | 51 |
than seventeen years of age shall operate a motor vehicle upon a | 52 |
highway or any public or private property used by the public for | 53 |
purposes of vehicular travel or parking with more than one person | 54 |
who is not a family member occupying the vehicle unless the | 55 |
probationary license holder is accompanied by the probationary | 56 |
license holder's parent, guardian, or custodian. | 57 |
(C) It is an
affirmative defense to a violation of division | 58 |
(B)(1)(a) or (b) of this section if, at the time of the
violation, | 59 |
the holder
of the probationary driver's license was traveling to | 60 |
or
from an official function sponsored by
the
school the holder | 61 |
attends, or an emergency existed that
required the holder to | 62 |
operate a motor vehicle in violation of
division (B)(1)(a) or (b) | 63 |
of this
section, or the holder was an emancipated
minor. | 64 |
(D)(1)(a) IfExcept as otherwise provided in division (D)(2) | 65 |
of this section, if a person is issued a probationary driver's | 66 |
license prior to attaining the age of seventeen years and the | 67 |
person pleads guilty to, is convicted of, or is adjudicated in | 68 |
juvenile court of having committed a moving violation during the | 69 |
six-month period commencing on the date on which the person is | 70 |
issued the probationary driver's license, the holder must be | 71 |
accompanied by the holder's parent or guardian whenever the holder | 72 |
is operating a motor vehicle upon a highway or any public or | 73 |
private property used by the public for purposes of vehicular | 74 |
travel or parking during whichever of the following time periods | 75 |
applies: | 76 |
(b) If the holder of a probationary driver's license commits | 87 |
a moving violation during the six-month period after the person is | 88 |
issued the probationary driver's license and before the person | 89 |
attains the age of seventeen years and on the date the person | 90 |
pleads guilty to, is convicted of, or is adjudicated in juvenile | 91 |
court of having committed the moving violation the person has | 92 |
attained the age of seventeen years, or if the person commits the | 93 |
moving violation during the six-month period after the person is | 94 |
issued the probationary driver's license and after the person | 95 |
attains the age of seventeen years, the holder is not subject to | 96 |
the restriction described in divisions (D)(1)(a)(i) and (ii) of | 97 |
this section unless the court or juvenile court imposes such a | 98 |
restriction upon the holder. | 99 |
(2) Any person who is subject to the operating restrictions | 100 |
established under division (D)(1) of this section as a result of a | 101 |
first moving violation may petition the court for occupational or | 102 |
educational driving privileges without being accompanied by the | 103 |
holder's parent or guardian during the period of time specified in | 104 |
that division. The court may grant the person such driving | 105 |
privileges if the court finds reasonable cause to believe that the | 106 |
restrictions established in division (D)(1) will seriously affect | 107 |
the person's ability to continue in employment or educational | 108 |
training or will cause undue hardship on the license holder or a | 109 |
family member of the license holder. In granting the driving | 110 |
privileges, the court shall
specify the purposes, times, and | 111 |
places of the privileges and
shall issue the person appropriate | 112 |
forms setting forth the
privileges granted. Occupational or | 113 |
educational driving privileges
under this division shall not be | 114 |
granted to the same person more
than once. If a person is | 115 |
convicted of, pleads guilty to, or is
adjudicated in juvenile | 116 |
court of having committed a second or
subsequent moving | 117 |
violation, any driving privileges previously
granted under this | 118 |
division are terminated upon the subsequent
conviction, plea, or | 119 |
adjudication. | 120 |
(E) No holder of a probationary license shall
operate a
motor | 123 |
vehicle upon a highway or any public or private
property
used by | 124 |
the public for purposes of vehicular travel or
parking
unless
the | 125 |
total number of occupants of the
vehicle does not
exceed the total | 126 |
number of occupant restraining devices
originally
installed in the | 127 |
motor vehicle by its manufacturer, and each
occupant
of the | 128 |
vehicle is wearing all of
the available elements
of a properly | 129 |
adjusted occupant
restraining device. | 130 |
(G) Notwithstanding
any other provision of law to the | 134 |
contrary, no law enforcement
officer shall cause the operator of a | 135 |
motor vehicle being
operated on any street or highway to stop the | 136 |
motor vehicle for
the sole purpose of determining whether each | 137 |
occupant of the
motor vehicle is wearing all of the available | 138 |
elements of a
properly adjusted occupant restraining device as | 139 |
required by
division (E) of this section,
or for the sole purpose | 140 |
of issuing a ticket, citation, or
summons if the requirement in | 141 |
that division has been or is being
violated, or for causing the | 142 |
arrest of or commencing a
prosecution of a person for a violation | 143 |
of that
requirement. | 144 |
(H) Notwithstanding any other
provision of law to the | 145 |
contrary, no law enforcement officer shall cause the
operator of a | 146 |
motor vehicle being operated on any street or highway to stop
the | 147 |
motor vehicle for the sole purpose of determining whether a | 148 |
violation of
division (B)(1)(a) or (b) of this section has been or | 149 |
is
being
committed or for the sole purpose of issuing a ticket, | 150 |
citation,
or
summons for such a violation or for causing the | 151 |
arrest of or
commencing a
prosecution of a person for such | 152 |
violation. | 153 |
(3) "Moving violation" means any violation of any statute or | 170 |
ordinance that regulates the operation of vehicles, streetcars, or | 171 |
trackless trolleys on the highways or streets. "Moving violation" | 172 |
does not include a violation of section 4513.263 of the Revised | 173 |
Code or a substantially equivalent municipal ordinance, or a | 174 |
violation of any statute or ordinance regulating pedestrians or | 175 |
the parking of vehicles, vehicle size or load limitations, vehicle | 176 |
fitness requirements, or vehicle registration. | 177 |