Sec. 4507.05. (A) The registrar of motor vehicles, or
a | 7 |
deputy registrar, upon receiving
an application
for a temporary | 8 |
instruction permit and a temporary instruction permit | 9 |
identification card for a driver's license from any person
who is | 10 |
at least fifteen years six months of age, may
issue such a
permit | 11 |
and identification card entitling the applicant to
drive a
motor | 12 |
vehicle,
other than a commercial motor vehicle, upon the
highways | 13 |
under the following conditions: | 14 |
(B) The registrar or a deputy registrar,
upon receiving from | 45 |
any person an application for a temporary
instruction permit and | 46 |
temporary instruction permit identification card
to
operate a | 47 |
motorcycle or motorized bicycle,
may issue such a permit and | 48 |
identification card entitling the
applicant, while
having the | 49 |
permit and identification card in the applicant's
immediate | 50 |
possession, to drive a
motorcycle or motorized bicycle under | 51 |
restrictions determined by the registrar.
A temporary instruction | 52 |
permit and temporary instruction permit
identification card to | 53 |
operate a motorized bicycle may be issued
to a person fourteen or | 54 |
fifteen years old. | 55 |
(2) Except as provided in division (F)(2) of this section,
no | 76 |
holder of a permit that is issued under division
(A) of this | 77 |
section and that is issued on or
after
July 1, 1998, and who has | 78 |
not attained the age
of
eighteen years,
shall
operate a motor | 79 |
vehicle upon a highway or
any public or
private property used
by | 80 |
the public for purposes of
vehicular
travel or parking between the | 81 |
hours of
midnight and six
a.m. | 82 |
The holder of a permit issued under division (A) of this | 83 |
section
on
or after
July 1,
1998, who has
not attained the age of
| 84 |
eighteen years, may operate
a motor
vehicle upon a highway or any | 85 |
public or
private property
used by
the public for purposes of | 86 |
vehicular travel or parking
between the
hours of midnight and six | 87 |
a.m. if, at the time of
such operation,
the holder is
accompanied | 88 |
by the holder's parent,
guardian, or
custodian, and the parent, | 89 |
guardian, or custodian
holds a current
valid driver's or | 90 |
commercial driver's
license
issued by this state, is actually | 91 |
occupying a seat beside the
permit holder, and does not have a | 92 |
prohibited concentration of alcohol in the whole blood, blood | 93 |
serum or plasma, breath, or urine as provided in division (A) of | 94 |
section 4511.19 of the Revised Code. | 95 |
(G)(1) Notwithstanding
any other provision of law to the | 101 |
contrary, no law enforcement
officer shall cause the operator of a | 102 |
motor vehicle being
operated on any street or highway to stop the | 103 |
motor vehicle for
the sole purpose of determining whether each | 104 |
occupant of the
motor vehicle is wearing all of the available | 105 |
elements of a
properly adjusted occupant restraining device as | 106 |
required by
division (A) of this
section, or for the sole purpose | 107 |
of issuing a ticket, citation,
or summons if the requirement in | 108 |
that division has been or is
being violated, or for causing the | 109 |
arrest of or commencing a
prosecution of a person for a violation | 110 |
of that
requirement. | 111 |
(2) Notwithstanding any other provision of law to the | 112 |
contrary, no law
enforcement officer shall cause the operator of a | 113 |
motor vehicle being operated
on any street or highway to stop the | 114 |
motor vehicle for the sole purpose of
determining whether a | 115 |
violation of division
(F)(2) of this section has been or is being | 116 |
committed or for the sole purpose of issuing a ticket, citation, | 117 |
or summons
for
such a violation or for causing the arrest of or | 118 |
commencing a prosecution of a
person for such violation. | 119 |
(4) No holder of a probationary driver's license who is less | 182 |
than seventeen years of age shall operate a motor vehicle upon a | 183 |
highway or any public or private property used by the public for | 184 |
purposes of vehicular travel or parking with more than one person | 185 |
who is not a family member occupying the vehicle unless the | 186 |
probationary license holder is accompanied by the probationary | 187 |
license holder's parent, guardian, or custodian. | 188 |
(C) It is an
affirmative defense to a violation of division | 194 |
(B)(1)(a) or (b) of this section if, at the time of the
violation, | 195 |
the holder
of the probationary driver's license was traveling to | 196 |
or
from an official function sponsored by
the
school the holder | 197 |
attends, or an emergency existed that
required the holder to | 198 |
operate a motor vehicle in violation of
division (B)(1)(a) or (b) | 199 |
of this
section, or the holder was an emancipated
minor. | 200 |
(D)(1)(a) Except as otherwise provided in division (D)(2)
of | 201 |
this section, if a person is issued a probationary driver's | 202 |
license prior to attaining the age of seventeen years and the | 203 |
person pleads guilty to, is convicted of, or is adjudicated in | 204 |
juvenile court of having committed a moving violation during the | 205 |
six-month period commencing on the date on which the person is | 206 |
issued the probationary driver's license, the holder must be | 207 |
accompanied by the holder's parent or guardian whenever the holder | 208 |
is operating a motor vehicle upon a highway or any public or | 209 |
private property used by the public for purposes of vehicular | 210 |
travel or parking during whichever of the following time periods | 211 |
applies: | 212 |
(b) If the holder of a probationary driver's license commits | 223 |
a moving violation during the six-month period after the person is | 224 |
issued the probationary driver's license and before the person | 225 |
attains the age of seventeen years and on the date the person | 226 |
pleads guilty to, is convicted of, or is adjudicated in juvenile | 227 |
court of having committed the moving violation the person has | 228 |
attained the age of seventeen years, or if the person commits the | 229 |
moving violation during the six-month period after the person is | 230 |
issued the probationary driver's license and after the person | 231 |
attains the age of seventeen years, the holder is not subject to | 232 |
the restriction described in divisions (D)(1)(a)(i) and (ii) of | 233 |
this section unless the court or juvenile court imposes such a | 234 |
restriction upon the holder. | 235 |
(2) Any person who is subject to the operating restrictions | 236 |
established under division (D)(1) of this section as a result of a | 237 |
first moving violation may petition the court for occupational or | 238 |
educational driving privileges without being accompanied by the | 239 |
holder's parent or guardian during the period of time specified in | 240 |
that division. The court may grant the person such driving | 241 |
privileges if the court finds reasonable cause to believe that the | 242 |
restrictions established in division (D)(1) will seriously affect | 243 |
the person's ability to continue in employment or educational | 244 |
training or will cause undue hardship on the license holder or a | 245 |
family member of the license holder. In granting the driving | 246 |
privileges, the court shall
specify the purposes, times, and | 247 |
places of the privileges and
shall issue the person appropriate | 248 |
forms setting forth the
privileges granted. Occupational or | 249 |
educational driving privileges
under this division shall not be | 250 |
granted to the same person more
than once. If a person is | 251 |
convicted of, pleads guilty to, or is
adjudicated in juvenile | 252 |
court of having committed a second or
subsequent moving | 253 |
violation, any driving privileges previously
granted under this | 254 |
division are terminated upon the subsequent
conviction, plea, or | 255 |
adjudication. | 256 |
(E) No holder of a probationary license shall
operate a
motor | 259 |
vehicle upon a highway or any public or private
property
used by | 260 |
the public for purposes of vehicular travel or
parking
unless
the | 261 |
total number of occupants of the
vehicle does not
exceed the total | 262 |
number of occupant restraining devices
originally
installed in the | 263 |
motor vehicle by its manufacturer, and each
occupant
of the | 264 |
vehicle is wearing all of
the available elements
of a properly | 265 |
adjusted occupant
restraining device. | 266 |
(G) Notwithstanding
any other provision of law to the | 270 |
contrary, no law enforcement
officer shall cause the operator of a | 271 |
motor vehicle being
operated on any street or highway to stop the | 272 |
motor vehicle for
the sole purpose of determining whether each | 273 |
occupant of the
motor vehicle is wearing all of the available | 274 |
elements of a
properly adjusted occupant restraining device as | 275 |
required by
division (E) of this section,
or for the sole purpose | 276 |
of issuing a ticket, citation, or
summons if the requirement in | 277 |
that division has been or is being
violated, or for causing the | 278 |
arrest of or commencing a
prosecution of a person for a violation | 279 |
of that
requirement. | 280 |
(H) Notwithstanding any other
provision of law to the | 281 |
contrary, no law enforcement officer shall cause the
operator of a | 282 |
motor vehicle being operated on any street or highway to stop
the | 283 |
motor vehicle for the sole purpose of determining whether a | 284 |
violation of
division (B)(1)(a) or (b) of this section has been or | 285 |
is
being
committed or for the sole purpose of issuing a ticket, | 286 |
citation,
or
summons for such a violation or for causing the | 287 |
arrest of or
commencing a
prosecution of a person for such | 288 |
violation. | 289 |
(3) "Moving violation" means any violation of any statute or | 306 |
ordinance that regulates the operation of vehicles, streetcars, or | 307 |
trackless trolleys on the highways or streets. "Moving violation" | 308 |
does not include a violation of section 4513.263 of the Revised | 309 |
Code or a substantially equivalent municipal ordinance, or a | 310 |
violation of any statute or ordinance regulating pedestrians or | 311 |
the parking of vehicles, vehicle size or load limitations, vehicle | 312 |
fitness requirements, or vehicle registration. | 313 |