As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 543

Representative Stewart, J. 

Cosponsors: Representatives Gardner, McGregor, J., Wachtmann, Batchelder 

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A BILL

To amend section 3937.43 of the Revised Code to

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modify the conditions under which an insurer must

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reduce automobile insurance premiums for persons

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over a specified age who complete a motor vehicle

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accident prevention course.

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

Section 1. That section 3937.43 of the Revised Code be	6
amended to read as follows:	7

Sec. 3937.43.  (A) As used in this section:

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(1) "Automobile insurance policies" has the same meaning as	9
in section 3937.30 of the Revised Code.	10

(2) "Moving violation" means any violation of any statute or	11
ordinance that regulates the operation of vehicles, streetcars, or	12
trackless trolleys on highways or streets or that regulates size	13
or load limitations or fitness requirements of vehicles. "Moving	14
violation" does not include the violation of any statute or	15
ordinance that regulates pedestrians or the parking of vehicles.	16

(3) "Community control sanction" has the same meaning as in	17
section 2929.01 of the Revised Code.	18

(B) Every rating plan or schedule of rates for automobile	19
insurance policies that is filed with the superintendent of	20
insurance shall provide for an appropriate reduction in premium	21
charges for any insured or applicant for insurance under the	22
following conditions:	23

(1) The applicant or insured is sixtyfifty-five years of age	24
or older;	25

(2) The applicant or insured successfully completes a motor	26
vehicle accident prevention course, which includes classroom	27
instruction and the passing of an examination in accordance with	28
both of the following:	29

(a) Theapproved by the department of public safety shall	30
approve the course and the examination. However, theThe	31
department shall notmay approve any correspondence course or any	32
other course that does not provide classroom instruction.	33

(b) The examination shall include an actual demonstration of	34
the applicant's or insured's ability to exercise ordinary and	35
reasonable control in the operation of a motor vehicle.	36

(3) The applicant or insured submits to the insurer a	37
certificate that is issued by the sponsor of the motor vehicle	38
accident prevention course and attests to the successful	39
completion of the course by the applicant or insured;	40

(4) The insurer may consider the driving record of the	41
applicant or insured in accordance with divisions (C) and (D) of	42
this section.	43

(C) In determining whether to grant a reduction in premium	44
charges in accordance with this section, the insurer may consider	45
the driving record of the insured or applicant for a three-year	46
period prior to the successful completion of a motor vehicle	47
accident prevention course.	48

(D)(1) Subject to division (D)(2) of this section, every	49
reduction in premium charges granted in accordance with this	50
section shall be effective for an insured for a three-year period	51
after each successful completion of a motor vehicle accident	52
prevention course.	53

(2) As a condition of maintaining a reduction in premium	54
charges granted in accordance with this section, an insurer may	55
require that the insured, during the three-year period for which	56
the reduction has been granted, neither be involved in an accident	57
for which the insured is primarily at fault, nor be convicted of	58
more than one moving violation.	59

(E) A reduction in premium charges granted in accordance with	60
this section shall not become effective until the first full term	61
of coverage following the successful completion of a motor vehicle	62
accident prevention course in accordance with division (B) of this	63
section.	64

(F) The director of the department of public safety shall	65
adopt rules in accordance with Chapter 119. of the Revised Code	66
that are necessary to carry out the duties of the department under	67
this section.	68

(G) This section does not apply to any automobile insurance	69
policy issued under an assigned risk plan pursuant to section	70
4509.70 of the Revised Code.	71

(H) This section does not apply to circumstances in which the	72
motor vehicle accident prevention course is required by a court as	73
a condition of a community control sanction imposed for a moving	74
violation.	75

Section 2. That existing section 3937.43 of the Revised Code	76
is hereby repealed.	77