"Transit bus" means either a motor vehicle having a seating | 53 |
capacity of more than seven persons which is operated and used by | 54 |
any person in the rendition of a public mass transportation | 55 |
service primarily in a municipal corporation or municipal | 56 |
corporations and provided at least seventy-five per cent of the | 57 |
annual mileage of such service and use is within such municipal | 58 |
corporation or municipal corporations or a motor vehicle having a | 59 |
seating capacity of more than seven persons which is operated | 60 |
solely for the transportation of persons associated with a | 61 |
charitable or nonprofit corporation, but does not mean any motor | 62 |
vehicle having a seating capacity of more than seven persons when | 63 |
such vehicle is used in a ridesharing capacity or any bus | 64 |
described by division (F)(3) of this section. | 65 |
The application for registration of such transit bus shall be | 66 |
accompanied by an affidavit prescribed by the registrar of motor | 67 |
vehicles and signed by the person or an agent of the firm or | 68 |
corporation operating such bus stating that the bus has a seating | 69 |
capacity of more than seven persons, and that it is either to be | 70 |
operated and used in the rendition of a public mass transportation | 71 |
service and that at least seventy-five per cent of the annual | 72 |
mileage of such operation and use shall be within one or more | 73 |
municipal corporations or that it is to be operated solely for the | 74 |
transportation of persons associated with a charitable or | 75 |
nonprofit corporation. | 76 |
(J)(1) Except as otherwise provided in division (J) of this | 84 |
section, for each farm truck, except a noncommercial motor | 85 |
vehicle, that is owned, controlled, or operated by one or more | 86 |
farmers exclusively in farm use as defined in this section, and | 87 |
not for commercial purposes, and provided that at least | 88 |
seventy-five per cent of such farm use is by or for the one or | 89 |
more owners, controllers, or operators of the farm in the | 90 |
operation of which a farm truck is used, the license tax is five | 91 |
dollars plus: | 92 |
(K) Other than trucks registered under the international | 138 |
registration plan in another jurisdiction and for which this state | 139 |
has received an apportioned registration fee, the license tax for | 140 |
each truck which is owned, controlled, or operated by a | 141 |
nonresident, and licensed in another state, and which is used | 142 |
exclusively for the transportation of nonprocessed agricultural | 143 |
products intrastate, from the place of production to the place of | 144 |
processing, is twenty-four dollars. | 145 |
(L) Every person registering a motor vehicle as a | 162 |
noncommercial motor vehicle as defined in section 4501.01 of the | 163 |
Revised Code, or registering a trailer as a noncommercial trailer | 164 |
as defined in that section, shall furnish an affidavit certifying | 165 |
that the motor vehicle or trailer so licensed to the person is to | 166 |
be so used as to meet the requirements necessary for the | 167 |
noncommercial vehicle classification. | 168 |
(N) Every person registering as a passenger car a motor | 175 |
vehicle designed and used for carrying more than nine but not more | 176 |
than fifteen passengers, and every person registering a bus as | 177 |
provided in division (G) of this section, shall furnish an | 178 |
affidavit certifying that the vehicle so licensed to the person is | 179 |
to be used in a ridesharing arrangement and that the person will | 180 |
have in effect whenever the vehicle is used in a ridesharing | 181 |
arrangement a policy of liability insurance with respect to the | 182 |
motor vehicle in amounts and coverages no less than those required | 183 |
by section 4509.79 of the Revised Code. The form of the license | 184 |
plate issued for such a motor vehicle shall be prescribed by the | 185 |
registrar. | 186 |
(O)(1) Commencing on October 1, 2009, if an application for | 187 |
registration renewal is not applied for prior to the expiration | 188 |
date of the registration or within seven days after that date, the | 189 |
registrar or deputy registrar shall collect a fee of twenty | 190 |
dollars for the issuance of the vehicle registration, but. For any | 191 |
motor vehicle that is used on a seasonal basis, whether used for | 192 |
general transportation or not, and that has not been used on the | 193 |
public roads or highways since the expiration of the registration, | 194 |
the registrar or deputy registrar shall waive the fee established | 195 |
under this division if the application is accompanied by | 196 |
supporting evidence of seasonal use as the registrar may require. | 197 |
The registrar or deputy registrar may waive the fee for other good | 198 |
cause shown if the application is accompanied by supporting | 199 |
evidence as the registrar may require. The fee shall be in | 200 |
addition to all other fees established by this section. A deputy | 201 |
registrar shall retain fifty cents of the fee and shall transmit | 202 |
the remaining amount to the registrar at the time and in the | 203 |
manner provided by section 4503.10 of the Revised Code. The | 204 |
registrar shall deposit all moneys received under this division | 205 |
into the state highway safety fund established in section 4501.06 | 206 |
of the Revised Code. | 207 |
(3) "Farm truck" means a truck used in the transportation | 217 |
from the farm of products of the farm, including livestock and its | 218 |
products, poultry and its products, floricultural and | 219 |
horticultural products, and in the transportation to the farm of | 220 |
supplies for the farm, including tile, fence, and every other | 221 |
thing or commodity used in agricultural, floricultural, | 222 |
horticultural, livestock, and poultry production and livestock, | 223 |
poultry, and other animals and things used for breeding, feeding, | 224 |
or other purposes connected with the operation of the farm. | 225 |
Sec. 4510.037. (A) When the registrar of motor vehicles | 233 |
determines that the total points charged against any person under | 234 |
section 4510.036 of the Revised Code exceed five, the registrar | 235 |
shall send a warning letter to the person at the person's last | 236 |
known address by regular mail. The warning letter shall list the | 237 |
reported violations that are the basis of the points charged, list | 238 |
the number of points charged for each violation, and outline the | 239 |
suspension provisions of this section. | 240 |
(B) When the registrar determines that the total points | 241 |
charged against any person under section 4510.036 of the Revised | 242 |
Code within any two-year period beginning on the date of the first | 243 |
conviction within the two-year period is equal to twelve or more, | 244 |
the registrar shall send a written notice to the person at the | 245 |
person's last known address by regular mail. The notice shall list | 246 |
the reported violations that are the basis of the points charged, | 247 |
list the number of points charged for each violation, and state | 248 |
that, because the total number of points charged against the | 249 |
person within the applicable two-year period is equal to twelve or | 250 |
more, the registrar is imposing a class D suspension of the | 251 |
person's driver's or commercial driver's license or permit or | 252 |
nonresident operating privileges for the period of time specified | 253 |
in division (B)(4) of section 4510.02 of the Revised Code. The | 254 |
notice also shall state that the suspension is effective on the | 255 |
twentieth day after the mailing of the notice, unless the person | 256 |
files a petition appealing the determination and suspension in the | 257 |
municipal court, county court, or, if the person is under the age | 258 |
of eighteen, the juvenile division of the court of common pleas in | 259 |
whose jurisdiction the person resides or, if the person is not a | 260 |
resident of this state, in the Franklin county municipal court or | 261 |
juvenile division of the Franklin county court of common pleas. By | 262 |
filing the appeal of the determination and suspension, the person | 263 |
agrees to pay the cost of the proceedings in the appeal of the | 264 |
determination and suspension and alleges that the person can show | 265 |
cause why the person's driver's or commercial driver's license or | 266 |
permit or nonresident operating privileges should not be | 267 |
suspended. | 268 |
(C)(1) Any person against whom at least two but less than | 269 |
twelve points have been charged under section 4510.036 of the | 270 |
Revised Code may enroll in a course of remedial driving | 271 |
instruction that is approved by the director of public safety. | 272 |
Upon the person's completion of an approved course of remedial | 273 |
driving instruction, the person may apply to the registrar on a | 274 |
form prescribed by the registrar for a credit of two points on the | 275 |
person's driving record. Upon receipt of the application and proof | 276 |
of completion of the approved remedial driving course, the | 277 |
registrar shall approve the two-point credit. The registrar shall | 278 |
not approve any credits for a person who completes an approved | 279 |
course of remedial driving instruction pursuant to a judge's order | 280 |
under section 4510.02 of the Revised Code. | 281 |
(D) When a judge of a court of record suspends a person's | 288 |
driver's or commercial driver's license or permit or nonresident | 289 |
operating privilege and charges points against the person under | 290 |
section 4510.036 of the Revised Code for the offense that resulted | 291 |
in the suspension, the registrar shall credit that period of | 292 |
suspension against the time of any subsequent suspension imposed | 293 |
under this section for which those points were used to impose the | 294 |
subsequent suspension. When a United States district court that | 295 |
has jurisdiction within this state suspends a person's driver's or | 296 |
commercial driver's license or permit or nonresident operating | 297 |
privileges pursuant to the "Assimilative Crimes Act," 102 Stat. | 298 |
4381 (1988), 18 U.S.C.A. 13, as amended, the district court | 299 |
prepares an abstract pursuant to section 4510.031 of the Revised | 300 |
Code, and the district court charges points against the person | 301 |
under section 4510.036 of the Revised Code for the offense that | 302 |
resulted in the suspension, the registrar shall credit the period | 303 |
of suspension imposed by the district court against the time of | 304 |
any subsequent suspension imposed under this section for which the | 305 |
points were used to impose the subsequent suspension. | 306 |
(E) The registrar, upon the written request of a licensee who | 307 |
files a petition under division (B) of this section, shall furnish | 308 |
the licensee a certified copy of the registrar's record of the | 309 |
convictions and bond forfeitures of the person. This record shall | 310 |
include the name, address, and date of birth of the licensee; the | 311 |
name of the court in which each conviction or bail forfeiture took | 312 |
place; the nature of the offense that was the basis of the | 313 |
conviction or bond forfeiture; and any other information that the | 314 |
registrar considers necessary. If the record indicates that twelve | 315 |
points or more have been charged against the person within a | 316 |
two-year period, it is prima-facie evidence that the person is a | 317 |
repeat traffic offender, and the registrar shall suspend the | 318 |
person's driver's or commercial driver's license or permit or | 319 |
nonresident operating privilege pursuant to division (B) of this | 320 |
section. | 321 |
In hearing the petition and determining whether the person | 322 |
filing the petition has shown cause why the person's driver's or | 323 |
commercial driver's license or permit or nonresident operating | 324 |
privilege should not be suspended, the court shall decide the | 325 |
issue on the record certified by the registrar and any additional | 326 |
relevant, competent, and material evidence that either the | 327 |
registrar or the person whose license is sought to be suspended | 328 |
submits. | 329 |
(F) If a petition is filed under division (B) of this section | 330 |
in a county court, the prosecuting attorney of the county in which | 331 |
the case is pending shall represent the registrar in the | 332 |
proceedings, except that, if the petitioner resides in a municipal | 333 |
corporation within the jurisdiction of the county court, the city | 334 |
director of law, village solicitor, or other chief legal officer | 335 |
of the municipal corporation shall represent the registrar in the | 336 |
proceedings. If a petition is filed under division (B) of this | 337 |
section in a municipal court, the registrar shall be represented | 338 |
in the resulting proceedings as provided in section 1901.34 of the | 339 |
Revised Code. | 340 |
(G) If the court determines from the evidence submitted that | 341 |
a person who filed a petition under division (B) of this section | 342 |
has failed to show cause why the person's driver's or commercial | 343 |
driver's license or permit or nonresident operating privileges | 344 |
should not be suspended, the court shall assess against the person | 345 |
the cost of the proceedings in the appeal of the determination and | 346 |
suspension and shall impose the applicable suspension under this | 347 |
section or suspend all or a portion of the suspension and impose | 348 |
any conditions upon the person that the court considers proper or | 349 |
impose upon the person a community control sanction pursuant to | 350 |
section 2929.15 or 2929.25 of the Revised Code. If the court | 351 |
determines from the evidence submitted that a person who filed a | 352 |
petition under division (B) of this section has shown cause why | 353 |
the person's driver's or commercial driver's license or permit or | 354 |
nonresident operating privileges should not be suspended, the | 355 |
costs of the appeal proceeding shall be paid out of the county | 356 |
treasury of the county in which the proceedings were held. | 357 |
(I) Upon the termination of any suspension or other penalty | 364 |
imposed under this section involving the surrender of license or | 365 |
permit and upon the request of the person whose license or permit | 366 |
was suspended or surrendered, the registrar shall return the | 367 |
license or permit to the person upon determining that the person | 368 |
has complied with all provisions of section 4510.038 of the | 369 |
Revised Code or, if the registrar destroyed the license or permit | 370 |
pursuant to section 4510.52 of the Revised Code, shall reissue the | 371 |
person's license or permit. | 372 |
(J) Any person whose driver's or commercial driver's license | 373 |
or permit or nonresident operating privileges are suspended as a | 374 |
repeat traffic offender under this section and who, during the | 375 |
suspension, operates any motor vehicle upon any public roads and | 376 |
highways is guilty of a misdemeanor of the first degree, and the | 377 |
court shall sentence the offender to a minimum term of three days | 378 |
in jail. No court shall suspend the first three days of jail time | 379 |
imposed pursuant to this division. | 380 |
(L) Any(1) Except as provided in division (L)(2) of this | 385 |
section, any course of remedial driving instruction the director | 386 |
of public safety approves under this section shall require its | 387 |
students to attend at least fifty per cent of the course in | 388 |
person. Theand the director shall not approve any course of | 389 |
remedial driving instruction that permits its students to take | 390 |
more than fifty per cent of the course in any other manner, | 391 |
including via video teleconferencing or the internet. | 392 |
(2) The director may approve a course of remedial instruction | 393 |
that permits students to take the entire course via video | 394 |
teleconferencing or the internet if the course is managed by a | 395 |
person who is admitted to the practice of law in the state of Ohio | 396 |
and whose principal place of business is in this state. In | 397 |
accordance with division (C) of this section, upon receiving an | 398 |
application with a certificate or other proof of completion of a | 399 |
course approved under this division, the registrar shall approve | 400 |
the two-point reduction. | 401 |
Sec. 4510.038. (A) Any person whose driver's or commercial | 402 |
driver's license or permit is suspended or who is granted limited | 403 |
driving privileges under section 4510.037, under division (H) of | 404 |
section 4511.19, or under section 4510.07 of the Revised Code for | 405 |
a violation of a municipal ordinance that is substantially | 406 |
equivalent to division (B) of section 4511.19 of the Revised Code | 407 |
is not eligible to retain the license, or to have the driving | 408 |
privileges reinstated, until each of the following has occurred: | 409 |
The course also shall devote a number of hours to instruction | 415 |
in the area of alcohol and drugs and the operation of vehicles. | 416 |
The instruction shall include, but not be limited to, a review of | 417 |
the laws governing the operation of a vehicle while under the | 418 |
influence of alcohol, drugs, or a combination of them, the dangers | 419 |
of operating a vehicle while under the influence of alcohol, | 420 |
drugs, or a combination of them, and other information relating to | 421 |
the operation of vehicles and the consumption of alcoholic | 422 |
beverages and use of drugs. The director, in consultation with the | 423 |
director of alcohol and drug addiction services, shall prescribe | 424 |
the content of the instruction. The number of hours devoted to the | 425 |
area of alcohol and drugs and the operation of vehicles shall | 426 |
comprise a minimum of twenty-five per cent of the number of hours | 427 |
of instruction included in the course. | 428 |
(B) Any(1) Except as provided in division (B)(2) of this | 435 |
section, any course of remedial driving instruction the director | 436 |
of public safety approves under this section shall require its | 437 |
students to attend at least fifty per cent of the course in | 438 |
person. Theand the director shall not approve any course of | 439 |
remedial driving instruction that permits its students to take | 440 |
more than fifty per cent of the course in any other manner, | 441 |
including via video teleconferencing or the internet. | 442 |