Sec. 4509.101. (A)(1) No person shall operate, or permit
the | 9 |
operation of, a motor vehicle in this state, unless proof of | 10 |
financial responsibility is maintained continuously throughout
the | 11 |
registration period with respect to that vehicle, or, in the
case | 12 |
of a driver who is not the owner, with respect to that
driver's | 13 |
operation of that vehicle. | 14 |
(a)
Subject
to divisions (A)(2)(b) and (c) of this
section,
a | 17 |
class
E
suspension of the person's driver's license, commercial | 18 |
driver's
license, temporary instruction permit, probationary | 19 |
license, or
nonresident
operating privilege for the period of time | 20 |
specified
in division
(B)(5) of
section 4510.02 of the Revised | 21 |
Code and
impoundment of the person's license.
The
court
may
grant | 22 |
limited driving privileges to the person only if the
person | 23 |
presents proof of financial responsibility and has complied
with | 24 |
division
(A)(5) of this section. | 25 |
(b) If, within
five years of the violation, the person's | 26 |
operating privileges
are again suspended and the person's license | 27 |
again is impounded
for a violation of division
(A)(1) of this | 28 |
section,
a class
C suspension of the person's
driver's license, | 29 |
commercial driver's
license, temporary
instruction permit, | 30 |
probationary license, or nonresident
operating
privilege for the | 31 |
period of time specified in division
(B)(3) of
section 4510.02 of | 32 |
the Revised Code. The court may grant limited
driving privileges | 33 |
to the
person only if the person presents proof
of financial | 34 |
responsibility and has
complied with division (A)(5)
of this | 35 |
section, and no court may grant
limited driving privileges
for the | 36 |
first fifteen days of the
suspension. | 37 |
(c)
If, within five years of the violation, the
person's | 38 |
operating privileges are suspended and the person's license is | 39 |
impounded two or more times for a violation of division (A)(1) of | 40 |
this section, a class B suspension of the person's driver's | 41 |
license, commercial driver's license, temporary instruction | 42 |
permit,
probationary license, or nonresident operating privilege | 43 |
for the period of
time
specified in division (B)(2) of section | 44 |
4510.02 of the Revised Code. No court may
grant limited driving | 45 |
privileges during the suspension. | 46 |
(3) A person to whom this state has issued a certificate
of | 53 |
registration for a motor vehicle or a license to operate a
motor | 54 |
vehicle or who is determined to have operated any motor
vehicle or | 55 |
permitted the operation in this state of a motor
vehicle owned by | 56 |
the person shall be required to verify the
existence of proof of | 57 |
financial responsibility covering the
operation of the motor | 58 |
vehicle or the person's operation of the
motor vehicle under any | 59 |
either
of the following circumstances: | 60 |
(4) An order of the registrar that suspends and
impounds a | 72 |
license or
registration, or both, shall state the date on or | 73 |
before which
the person is required to surrender the person's | 74 |
license or
certificate of registration and license plates. The | 75 |
person
is deemed to have surrendered the license or certificate of | 76 |
registration and license plates, in compliance with the
order, if | 77 |
the person does either of the following: | 78 |
(5) Except as provided in division (A)(6)
or (L) of this | 86 |
section,
the registrar shall not restore any operating
privileges | 87 |
or
registration rights suspended under this section,
return any | 88 |
license, certificate of registration, or license
plates impounded | 89 |
under this section, or reissue license plates
under section | 90 |
4503.232 of the Revised Code, if the registrar
destroyed the | 91 |
impounded license plates under that section,
or reissue a license | 92 |
under section
4510.52 of the
Revised Code,
if the
registrar | 93 |
destroyed the suspended license under that
section,
unless the | 94 |
rights are not subject to suspension or
revocation
under any other | 95 |
law and unless the person, in addition
to
complying with all other | 96 |
conditions required by law for
reinstatement of the operating | 97 |
privileges or registration rights,
complies with all of the | 98 |
following: | 99 |
(6) If the registrar issues an order under division
(A)(2)
of | 113 |
this
section resulting from the failure of a person to respond
to | 114 |
a financial
responsibility random verification request under | 115 |
division (A)(3)(c) of this section and the person
successfully | 116 |
maintains an affirmative defense to a violation of section
4510.16 | 117 |
of the
Revised Code or is determined by the registrar or a
deputy | 118 |
registrar to have been in compliance with division (A)(1)
of this | 119 |
section at the time of the initial financial
responsibility random | 120 |
verification request, the
registrar shall do
both of the | 121 |
following: | 122 |
(c) Record the name and address of the person whose | 142 |
certificate of registration and license plates have been
impounded | 143 |
or are under an order of impoundment, or whose license
has been | 144 |
suspended or is under an order of suspension; the serial
number of | 145 |
the person's license; the serial numbers of
the person's | 146 |
certificate of
registration and license plates; and the person's | 147 |
social
security account number, if assigned, or, where the motor | 148 |
vehicle
is used for hire or principally in connection with any | 149 |
established business, the person's federal taxpayer
identification | 150 |
number. The information shall be recorded in such
a manner that
it | 151 |
becomes a part of the person's permanent record,
and assists
the | 152 |
registrar in monitoring compliance with the
orders of
suspension | 153 |
or impoundment. | 154 |
(d) Send written notification to every person to whom the | 155 |
order pertains, at the person's last known address as shown on
the | 156 |
records of the bureau. The person, within ten days
after the date | 157 |
of the mailing of the notification, shall surrender to
the | 158 |
registrar, in a manner set forth in division (A)(4) of this | 159 |
section, any certificate of registration and registration plates | 160 |
under an order of impoundment, or any license under an order of | 161 |
suspension. | 162 |
(2) The registrar shall issue any order under division
(B)(1) | 163 |
of this section without a hearing. Any person
adversely
affected | 164 |
by the order, within ten days after the issuance of
the
order, may | 165 |
request an administrative hearing before the
registrar,
who shall | 166 |
provide the person with an opportunity for a
hearing in
accordance | 167 |
with this paragraph. A request for a
hearing does not
operate as a | 168 |
suspension of the order. The scope
of the hearing
shall be limited | 169 |
to whether the person in fact
demonstrated to the
registrar proof | 170 |
of financial responsibility
in accordance with
this section. The | 171 |
registrar shall determine
the date, time, and
place of any | 172 |
hearing, provided that the
hearing shall be held, and
an order | 173 |
issued or findings made,
within thirty days after the
registrar | 174 |
receives a request for a
hearing. If requested by the
person in | 175 |
writing, the registrar
may designate as the place of
hearing the | 176 |
county seat of the
county in which the person resides
or a place | 177 |
within fifty miles
of the person's residence. The
person shall pay | 178 |
the cost of the
hearing before the registrar, if
the registrar's | 179 |
order of
suspension or impoundment is upheld. | 180 |
(C) Any order of suspension or impoundment issued under
this | 181 |
section or division (B) of section 4509.37 of the Revised
Code may | 182 |
be terminated at any time if the registrar determines
upon a | 183 |
showing of proof of financial responsibility that the
operator or | 184 |
owner of the motor vehicle was in compliance with
division (A)(1) | 185 |
of this section at the time of the traffic
offense, motor vehicle | 186 |
inspection, or accident that
resulted in
the order against the | 187 |
person. A determination may be made
without a hearing. This | 188 |
division does not apply unless the
person shows good cause for the | 189 |
person's failure to present
satisfactory proof of financial | 190 |
responsibility to the
registrar prior to the issuance of the | 191 |
order. | 192 |
(a) Except as provided in division
(D)(1)(b) of this
section, | 195 |
any(b) Any peace
officer who, in the performance of the peace | 196 |
officer's duties as
authorized by
law, becomes aware of a person | 197 |
whose license is under an order of
suspension, or whose | 198 |
certificate of registration and license
plates are under an order | 199 |
of impoundment, pursuant to this
section, may confiscate the | 200 |
license, certificate of
registration, and license plates, and | 201 |
return them to the
registrar. | 202 |
(b) Any peace officer who, in the performance of the peace | 203 |
officer's duties as authorized by law, becomes aware of a person | 204 |
whose license
is under an order of
suspension, or whose | 205 |
certificate of registration and license
plates are under an order | 206 |
of impoundment resulting from failure to
respond to a financial | 207 |
responsibility random verification, shall
not, for that reason, | 208 |
arrest the owner or operator or seize the vehicle or
license | 209 |
plates. Instead, the peace officer shall issue a citation for a | 210 |
violation of
section
4510.16
of the
Revised Code specifying the | 211 |
circumstances as failure to respond to
a financial responsibility | 212 |
random
verification. | 213 |
(3) A peace officer shall indicate on every traffic ticket | 220 |
whether the person receiving the traffic ticket produced proof of | 221 |
the maintenance of financial responsibility in response to the | 222 |
officer's request under division (D)(2) of this section.
The | 223 |
peace officer shall inform every person who receives a traffic | 224 |
ticket and who has failed to produce proof of
the
maintenance of | 225 |
financial responsibility that the person
must submit proof to the | 226 |
traffic violations bureau with any payment of a
fine and costs for | 227 |
the ticketed violation or, if the person is to
appear in court for | 228 |
the
violation, the person must submit proof
to the court. | 229 |
(4)(a) If a person who has failed to produce proof
of
the | 230 |
maintenance of financial responsibility appears in court for a | 231 |
ticketed
violation, the court may permit the defendant to present | 232 |
evidence
of proof of financial responsibility to the court at such | 233 |
time
and in such manner as the court determines to be necessary or | 234 |
appropriate. In a manner prescribed by the registrar, the clerk of | 235 |
courts shall provide the registrar
with
the identity of any person | 236 |
who fails to submit proof of the
maintenance of financial | 237 |
responsibility pursuant to division
(D)(3) of this section. | 238 |
(5)(a) Upon receiving notice from a clerk of courts or | 245 |
traffic
violations bureau pursuant to division (D)(4) of this | 246 |
section,
the registrar shall
order the suspension of the license | 247 |
of the person required under division
(A)(2)(a), (b),
or
(c) of | 248 |
this section and the
impoundment of the
person's certificate of | 249 |
registration and license plates required under
division
(A)(2)(d) | 250 |
of this section, effective thirty
days after the date
of the | 251 |
mailing of notification. The registrar also
shall notify
the | 252 |
person
that the person must present the registrar with proof
of | 253 |
financial
responsibility in accordance with this section, | 254 |
surrender to the
registrar the person's certificate of | 255 |
registration,
license plates,
and license, or submit a statement | 256 |
subject to section 2921.13 of
the Revised Code that the person did | 257 |
not operate or permit
the operation
of the motor vehicle at the | 258 |
time of the offense.
Notification
shall be in writing and shall | 259 |
be sent to the person at the person's
last known address as shown | 260 |
on the records of the bureau of motor
vehicles. The person,
within | 261 |
fifteen days after the date
of the mailing of notification,
shall | 262 |
present proof of financial
responsibility, surrender the | 263 |
certificate of registration,
license plates, and license to the | 264 |
registrar in a
manner set
forth in division (A)(4) of this | 265 |
section, or submit the statement
required under this section | 266 |
together with other information the
person considers appropriate. | 267 |
(b) In the case of a person who presents, within the | 274 |
fifteen-day period, documents to show proof of financial | 275 |
responsibility, the registrar shall terminate the order of | 276 |
suspension and the impoundment of the registration and license | 277 |
plates required
under division (A)(2)(d) of this section and
shall | 278 |
send
written notification
to the person, at the person's
last | 279 |
known address as shown on the records of
the bureau. | 280 |
(c) Any person adversely affected by the order of the | 281 |
registrar under division (D)(5)(a) or (b) of this section,
within | 282 |
ten days after the issuance of the order, may request an | 283 |
administrative hearing before the registrar, who shall provide
the | 284 |
person with an opportunity for a hearing in accordance with
this | 285 |
paragraph. A request for a hearing does not operate as a | 286 |
suspension of the order. The scope of the hearing shall be
limited | 287 |
to whether, at the time of the hearing, the person presents proof | 288 |
of financial responsibility covering the vehicle and whether the | 289 |
person is eligible for an exemption in accordance with
this | 290 |
section or any rule adopted under it. The registrar shall | 291 |
determine the date, time, and
place of any hearing; provided, that | 292 |
the hearing shall be held,
and an order issued or findings made, | 293 |
within thirty days after
the
registrar receives a request for a | 294 |
hearing. If requested by
the
person in writing, the registrar may | 295 |
designate as the place
of
hearing the county seat of the county in | 296 |
which the person
resides
or a place within fifty miles of the | 297 |
person's residence.
Such
person shall pay the cost of the hearing | 298 |
before the
registrar, if
the registrar's order of suspension or | 299 |
impoundment
under division
(D)(5)(a) or (b) of this section is | 300 |
upheld. | 301 |
(6) A peace officer may charge an owner or operator of a | 302 |
motor vehicle with a violation of
section
4510.16 of the Revised | 303 |
Code when the owner or operator
fails to
show proof of the | 304 |
maintenance of financial responsibility
pursuant to a peace | 305 |
officer's request under division (D)(2)
of
this section, if a | 306 |
check of the owner or operator's driving
record
indicates that the | 307 |
owner or operator, at the time of the
operation
of the motor | 308 |
vehicle, is required to file and maintain
proof of
financial | 309 |
responsibility under section 4509.45 of the
Revised Code
for a | 310 |
previous violation of this chapter. | 311 |
(E) All fees, except court costs, collected under this | 323 |
section shall be paid into the state treasury to the credit of
the | 324 |
financial responsibility compliance fund. The financial | 325 |
responsibility compliance fund shall be used exclusively to cover | 326 |
costs incurred by the bureau in the administration of this
section | 327 |
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, | 328 |
and by any law enforcement agency employing any
peace officer who | 329 |
returns any license, certificate of
registration, and license | 330 |
plates to the registrar pursuant
to division (C) of this section, | 331 |
except that the director
of
budget and management may transfer | 332 |
excess money from the
financial responsibility compliance fund to | 333 |
the state
bureau of motor vehicles fund if the registrar | 334 |
determines that the amount of
money
in the financial | 335 |
responsibility compliance fund exceeds the
amount required to | 336 |
cover such costs incurred by the bureau or a
law enforcement | 337 |
agency and requests the director to make the
transfer. | 338 |
(G)(1) The registrar, court, traffic violations
bureau, or | 344 |
peace officer may require
proof of financial responsibility to be | 345 |
demonstrated by use of a
standard form prescribed by the | 346 |
registrar. If the use of a
standard form is not required, a
person | 347 |
may demonstrate proof of
financial responsibility under
this | 348 |
section by presenting to the
traffic violations bureau,
court, | 349 |
registrar, or peace officer
any of the following documents
or a | 350 |
copy of the documents: | 351 |
(c) Whenever it is determined by a final judgment in a | 401 |
judicial proceeding that an insurer or surety, which has been | 402 |
named on a document accepted by a court or the registrar as proof | 403 |
of financial responsibility covering the operation of a motor | 404 |
vehicle at the time of an accident or offense, is not liable to | 405 |
pay a judgment for injuries or damages resulting from such | 406 |
operation, the registrar, notwithstanding any previous
contrary | 407 |
finding, shall forthwith suspend the operating privileges and | 408 |
registration rights of the person against whom the judgment was | 409 |
rendered as provided in division (A)(2) of this section. | 410 |
(H) In order for any document described in division
(G)(1)(b) | 411 |
of this section to be used for the demonstration
of
proof of | 412 |
financial responsibility under this section, the
document
shall | 413 |
state the name of the insured or obligor, the name
of the
insurer | 414 |
or surety company, and the effective and
expiration dates
of the | 415 |
financial responsibility, and designate
by explicit
description or | 416 |
by appropriate reference all motor
vehicles covered
which may | 417 |
include a reference to fleet insurance
coverage. | 418 |
(I) For purposes of this section, "owner" does not include
a | 419 |
licensed motor vehicle leasing dealer as defined in section | 420 |
4517.01 of the Revised Code, but does include a motor vehicle | 421 |
renting dealer as defined in section 4549.65 of the Revised
Code.
| 422 |
Nothing in this section or in section 4509.51 of the Revised Code | 423 |
shall be
construed to prohibit a motor vehicle renting dealer
from | 424 |
entering into a contractual agreement with a person whereby
the | 425 |
person renting the motor vehicle agrees to be solely responsible | 426 |
for
maintaining proof of
financial responsibility, in accordance | 427 |
with this section, with
respect to the operation, maintenance, or | 428 |
use of the motor vehicle during the
period
of the motor vehicle's | 429 |
rental. | 430 |
(2) The registrar may grant an owner or driver relief for a | 461 |
reason specified in division (L)(1)(b)(i) or (ii) of this section | 462 |
whenever the owner or driver is randomly selected to verify the | 463 |
existence of proof of financial responsibility for such a vehicle. | 464 |
However, the registrar may grant an owner or driver relief for a | 465 |
reason specified in division (L)(1)(b)(iii) or (iv) of this | 466 |
section only if the owner or driver has not previously been | 467 |
granted
relief under division (L)(1)(b)(iii) or (iv) of this | 468 |
section. | 469 |
(M) The registrar shall adopt rules in accordance with | 470 |
Chapter 119. of the Revised Code that are necessary to administer | 471 |
and enforce this section. The rules shall include procedures for | 472 |
the surrender of license plates upon failure to maintain
proof of | 473 |
financial responsibility and provisions relating to
reinstatement | 474 |
of registration rights, acceptable forms of proof
of financial | 475 |
responsibility, and verification of the existence of
financial | 476 |
responsibility during the period of registration. | 477 |
Sec. 4510.04. It is an affirmative defense to any | 478 |
prosecution
brought under section 4510.11, 4510.14, 4510.16, or | 479 |
4510.21 of the Revised Code or under any
substantially
equivalent | 480 |
municipal ordinance that the alleged offender drove
under | 481 |
suspension, without a valid permit or driver's or commercial | 482 |
driver's
license, or in violation of a
restriction because of a | 483 |
substantial emergency, and because no
other person was reasonably | 484 |
available to drive in response to the
emergency. | 485 |
It is an affirmative defense to any prosecution brought under | 486 |
section
4510.16 of the Revised Code that the order of suspension | 487 |
resulted from the failure of the alleged offender to respond to a | 488 |
financial
responsibility random verification request under | 489 |
division
(A)(3)(c) of section 4509.101 of the Revised
Code and | 490 |
that,
at the time of the
initial financial responsibility random | 491 |
verification request, the alleged
offender was in compliance with | 492 |
division (A)(1) of section 4509.101
of
the Revised Code as shown | 493 |
by proof of financial
responsibility that was in effect at the | 494 |
time of that request. | 495 |