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| To amend section 4506.16 of the Revised Code to | 1 |
| require the Registrar of Motor Vehicles to | 2 |
| disqualify the holder of a commercial driver's | 3 |
| license from operating a commercial motor vehicle | 4 |
| upon a municipal OVI conviction. | 5 |
| Section 1. That section 4506.16 of the Revised Code be | 6 |
| amended to read as follows: | 7 |
| Sec. 4506.16. (A) Any person who is found to have been | 8 |
| convicted of a violation of an out-of-service order shall be | 9 |
| disqualified by the registrar of motor vehicles as follows: | 10 |
| (1) If the person has not been convicted previously of a | 11 |
| violation of an out-of-service order, the period of | 12 |
| disqualification is ninety days. | 13 |
| (2) If, during any ten-year period, the driver is convicted | 14 |
| of a second violation of an out-of-service order in an incident | 15 |
| separate from the incident that resulted in the first violation, | 16 |
| the period of disqualification is one year. | 17 |
| (3) If, during any ten-year period, the driver is convicted | 18 |
| of a third or subsequent violation of an out-of-service order in | 19 |
| an incident separate from the incidents that resulted in the | 20 |
| previous violations during that ten-year period, the period of | 21 |
| disqualification is three years. | 22 |
| (B)(1) A driver is disqualified for one hundred eighty days | 23 |
| if the driver is convicted of a first violation of an | 24 |
| out-of-service order while transporting hazardous materials | 25 |
| required to be placarded under the "Hazardous Materials | 26 |
| Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as | 27 |
| amended, or while operating a motor vehicle designed to transport | 28 |
| sixteen or more passengers, including the driver. | 29 |
| (2) A driver is disqualified for a period of three years if, | 30 |
| during any ten-year period, the driver is convicted of a second or | 31 |
| subsequent violation, in an incident separate from the incident | 32 |
| that resulted in a previous violation during that ten-year period, | 33 |
| of an out-of-service order while transporting hazardous materials | 34 |
| required to be placarded under that act, or while operating a | 35 |
| motor vehicle designed to transport sixteen or more passengers, | 36 |
| including the driver. | 37 |
| (C) Whoever violates division (A)(1) of section 4506.15 of | 38 |
| the Revised Code or a similar law of another state or a foreign | 39 |
| jurisdiction, immediately shall be placed out-of-service for | 40 |
| twenty-four hours, in addition to any disqualification required by | 41 |
| this section and any other penalty imposed by the Revised Code. | 42 |
| (D) The registrar of motor vehicles shall disqualify any | 43 |
| holder of a commercial driver's license, or any operator of a | 44 |
| commercial motor vehicle for which a commercial driver's license | 45 |
| is required, from operating a commercial motor vehicle as follows: | 46 |
| (1) Upon a first conviction for a violation of any provision | 47 |
| of divisions (A)(2) to (9) of section 4506.15 of the Revised Code, | 48 |
| or of section 4511.19 or sections 4549.02 to 4549.03 of the | 49 |
| Revised Code, or a municipal OVI ordinance as defined in section | 50 |
| 4511.181 of the Revised Code, or a similar law of another state or | 51 |
| a foreign jurisdiction, one year; | 52 |
| (2) Upon a second conviction for a violation of any provision | 53 |
| of divisions (A)(2) to (9) of section 4506.15 of the Revised Code, | 54 |
| or of section 4511.19 or sections 4549.02 to 4549.03 of the | 55 |
| Revised Code, or a municipal OVI ordinance as defined in section | 56 |
| 4511.181 of the Revised Code, or a similar law of another state or | 57 |
| a foreign jurisdiction, or any combination of such violations | 58 |
| arising from two or more separate incidents, the person shall be | 59 |
| disqualified for life or for any other period of time as | 60 |
| determined by the United States secretary of transportation and | 61 |
| designated by the director of public safety by rule; | 62 |
| (3) Upon a first conviction for a violation of division | 63 |
| (A)(12) of section 4506.15 of the Revised Code or a similar law of | 64 |
| another state or a foreign jurisdiction, three years; | 65 |
| (4) Upon conviction of a violation of division (A)(10) of | 66 |
| section 4506.15 of the Revised Code or a similar law of another | 67 |
| state or a foreign jurisdiction, the person shall be disqualified | 68 |
| for life; | 69 |
| (5) Upon conviction of two serious traffic violations | 70 |
| involving the operation of a motor vehicle by the person and | 71 |
| arising from separate incidents occurring in a three-year period, | 72 |
| the person shall be disqualified for sixty days if the conviction | 73 |
| results in the suspension, cancellation, or revocation of the | 74 |
| holder's commercial driver's license or noncommercial motor | 75 |
| vehicle driving privileges; | 76 |
| (6) Upon conviction of three serious traffic violations | 77 |
| involving the operation of a motor vehicle by the person and | 78 |
| arising from separate incidents occurring in a three-year period, | 79 |
| the person shall be disqualified for one hundred twenty days if | 80 |
| the conviction results in the suspension, cancellation, or | 81 |
| revocation of the holder's commercial driver's license or | 82 |
| noncommercial motor vehicle driving privileges. | 83 |
| (7) Upon a first conviction involving the operation of a | 84 |
| commercial motor vehicle in violation of any provisions of | 85 |
| sections 4511.61 to 4511.63 of the Revised Code or a similar law | 86 |
| of another state or foreign jurisdiction, not less than sixty | 87 |
| days; | 88 |
| (8) Upon a second conviction involving the operation of a | 89 |
| commercial motor vehicle in violation of any provisions of | 90 |
| sections 4511.61 to 4511.63 of the Revised Code or a similar law | 91 |
| of another state or foreign jurisdiction within three years of the | 92 |
| first such conviction, not less than one hundred twenty days; | 93 |
| (9) Upon a third or subsequent conviction involving the | 94 |
| operation of a commercial motor vehicle in violation of any | 95 |
| provisions of sections 4511.61 to 4511.63 of the Revised Code or a | 96 |
| similar law of another state or foreign jurisdiction within three | 97 |
| years of the first such conviction, not less than one year; | 98 |
| (10) Upon receiving notification from the federal motor | 99 |
| carrier safety administration, the registrar shall disqualify any | 100 |
| commercial motor vehicle driver whose driving is determined to | 101 |
| constitute an imminent hazard as defined under federal motor | 102 |
| carrier safety regulation 49 C.F.R. 383.52. | 103 |
| (E) For the purposes of this section, conviction of a | 104 |
| violation for which disqualification is required may be evidenced | 105 |
| by any of the following: | 106 |
| (1) A judgment entry of a court of competent jurisdiction in | 107 |
| this or any other state; | 108 |
| (2) An administrative order of a state agency of this or any | 109 |
| other state having statutory jurisdiction over commercial drivers; | 110 |
| (3) A computer record obtained from or through the commercial | 111 |
| driver's license information system; | 112 |
| (4) A computer record obtained from or through a state agency | 113 |
| of this or any other state having statutory jurisdiction over | 114 |
| commercial drivers or the records of commercial drivers. | 115 |
| (F) For purposes of this section, conviction of disqualifying | 116 |
| offenses committed in a noncommercial motor vehicle are included | 117 |
| if either of the following applies: | 118 |
| (1) The offense occurred after the person obtained the | 119 |
| person's commercial driver's license. | 120 |
| (2) The offense occurs on or after September 30, 2005. | 121 |
| (G) If a person commits a serious traffic violation by | 122 |
| operating a commercial motor vehicle without having a commercial | 123 |
| driver's license in the person's possession as described in | 124 |
| division (DD)(7) of section 4506.01 of the Revised Code and the | 125 |
| person then submits proof to either the enforcement agency that | 126 |
| issued the citation for the violation or to the court with | 127 |
| jurisdiction over the case before the date of the person's initial | 128 |
| appearance that shows that the person held a valid commercial | 129 |
| driver's license at the time of the violation, the violation shall | 130 |
| not be deemed to be a serious traffic violation. | 131 |
| (H) Any record described in division (C) of this section | 132 |
| shall be deemed to be self-authenticating when it is received by | 133 |
| the bureau of motor vehicles. | 134 |
| (I) When disqualifying a driver, the registrar shall cause | 135 |
| the records of the bureau to be updated to reflect that action | 136 |
| within ten days after it occurs. | 137 |
| (J) The registrar immediately shall notify a driver who is | 138 |
| finally convicted of any offense described in section 4506.15 of | 139 |
| the Revised Code or division (B)(4), (5), or (6) of this section | 140 |
| and thereby is subject to disqualification, of the offense or | 141 |
| offenses involved, of the length of time for which | 142 |
| disqualification is to be imposed, and that the driver may request | 143 |
| a hearing within thirty days of the mailing of the notice to show | 144 |
| cause why the driver should not be disqualified from operating a | 145 |
| commercial motor vehicle. If a request for such a hearing is not | 146 |
| made within thirty days of the mailing of the notice, the order of | 147 |
| disqualification is final. The registrar may designate hearing | 148 |
| examiners who, after affording all parties reasonable notice, | 149 |
| shall conduct a hearing to determine whether the disqualification | 150 |
| order is supported by reliable evidence. The registrar shall adopt | 151 |
| rules to implement this division. | 152 |
| (K) Any person who is disqualified from operating a | 153 |
| commercial motor vehicle under this section may apply to the | 154 |
| registrar for a driver's license to operate a motor vehicle other | 155 |
| than a commercial motor vehicle, provided the person's commercial | 156 |
| driver's license is not otherwise suspended. A person whose | 157 |
| commercial driver's license is suspended shall not apply to the | 158 |
| registrar for or receive a driver's license under Chapter 4507. of | 159 |
| the Revised Code during the period of suspension. | 160 |
| (L) The disqualifications imposed under this section are in | 161 |
| addition to any other penalty imposed by the Revised Code. | 162 |
| Section 2. That existing section 4506.16 of the Revised Code | 163 |
| is hereby repealed. | 164 |