Section 1. That sections 2935.36, 2951.041, 4506.01, | 16 |
4506.05, 4506.07, 4506.10, 4506.101, 4506.12, 4506.13, 4506.14, | 17 |
4506.15, 4506.16, 4506.161, 4506.17, 4506.21, 4510.03, 4510.036, | 18 |
4513.37, and 5577.05 be amended and section 4506.131 of the | 19 |
Revised Code be enacted to read as follows:
| 20 |
Sec. 2935.36. (A) The prosecuting attorney may establish | 21 |
pre-trial diversion programs for adults who are accused of | 22 |
committing criminal offenses and whom the prosecuting attorney | 23 |
believes probably will not offend again. The prosecuting attorney | 24 |
may require, as a condition of an accused's participation in the | 25 |
program, the accused to pay a reasonable fee for supervision | 26 |
services that include, but are not limited to, monitoring and drug | 27 |
testing. The programs shall be operated pursuant to written | 28 |
standards approved by journal entry by the presiding judge or, in | 29 |
courts with only one judge, the judge of the court of common pleas | 30 |
and shall not be applicable to any of the following: | 31 |
(2) Persons accused of an offense of violence, of a violation | 33 |
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31, | 34 |
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02, | 35 |
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a | 36 |
violation of section 2905.01, 2905.02, or 2919.23 of the Revised | 37 |
Code that, had it occurred prior to July 1, 1996, would have been | 38 |
a violation of section 2905.04 of the Revised Code as it existed | 39 |
prior to that date, with the exception that the prosecuting | 40 |
attorney may permit persons accused of any such offense to enter a | 41 |
pre-trial diversion program, if the prosecuting attorney finds any | 42 |
of the following: | 43 |
(1) Waive, in writing and contingent upon the accused's | 71 |
successful completion of the program, the accused's right to a | 72 |
speedy trial, the preliminary hearing, the time period within | 73 |
which the grand jury may consider an indictment against the | 74 |
accused, and arraignment, unless the hearing, indictment, or | 75 |
arraignment has already occurred; | 76 |
(C) The trial court, upon the application of the prosecuting | 84 |
attorney, shall order the release from confinement of any accused | 85 |
who has agreed to enter a pre-trial diversion program and shall | 86 |
discharge and release any existing bail and release any sureties | 87 |
on recognizances and shall release the accused on a recognizance | 88 |
bond conditioned upon the accused's compliance with the terms of | 89 |
the diversion program. The prosecuting attorney shall notify every | 90 |
victim of the crime and the arresting officers of the prosecuting | 91 |
attorney's intent to permit the accused to enter a pre-trial | 92 |
diversion program. The victim of the crime and the arresting | 93 |
officers shall have the opportunity to file written objections | 94 |
with the prosecuting attorney prior to the commencement of the | 95 |
pre-trial diversion program. | 96 |
(D) If the accused satisfactorily completes the diversion | 97 |
program, the prosecuting attorney shall recommend to the trial | 98 |
court that the charges against the accused be dismissed, and the | 99 |
court, upon the recommendation of the prosecuting attorney, shall | 100 |
dismiss the charges. If the accused chooses not to enter the | 101 |
prosecuting attorney's diversion program, or if the accused | 102 |
violates the conditions of the agreement pursuant to which the | 103 |
accused has been released, the accused may be brought to trial | 104 |
upon the charges in the manner provided by law, and the waiver | 105 |
executed pursuant to division (B)(1) of this section shall be void | 106 |
on the date the accused is removed from the program for the | 107 |
violation. | 108 |
Sec. 2951.041. (A)(1) If an offender is charged with a | 147 |
criminal offense and the court has reason to believe that drug or | 148 |
alcohol usage by the offender was a factor leading to the | 149 |
offender's criminal behavior, the court may accept, prior to the | 150 |
entry of a guilty plea, the offender's request for intervention in | 151 |
lieu of conviction. The request shall include a waiver of the | 152 |
defendant's right to a speedy trial, the preliminary hearing, the | 153 |
time period within which the grand jury may consider an indictment | 154 |
against the offender, and arraignment, unless the hearing, | 155 |
indictment, or arraignment has already occurred. The court may | 156 |
reject an offender's request without a hearing. If the court | 157 |
elects to consider an offender's request, the court shall conduct | 158 |
a hearing to determine whether the offender is eligible under this | 159 |
section for intervention in lieu of conviction and shall stay all | 160 |
criminal proceedings pending the outcome of the hearing. If the | 161 |
court schedules a hearing, the court shall order an assessment of | 162 |
the offender for the purpose of determining the offender's | 163 |
eligibility for intervention in lieu of conviction and | 164 |
recommending an appropriate intervention plan. | 165 |
(2) The offense is not a felony of the first, second, or | 177 |
third degree, is not an offense of violence, is not a violation of | 178 |
division (A)(1) or (2) of section 2903.06 of the Revised Code, is | 179 |
not a violation of division (A)(1) of section 2903.08 of the | 180 |
Revised Code, is not a violation of division (A) of section | 181 |
4511.19 of the Revised Code or a municipal ordinance that is | 182 |
substantially similar to that division, and is not an offense for | 183 |
which a sentencing court is required to impose a mandatory prison | 184 |
term, a mandatory term of local incarceration, or a mandatory term | 185 |
of imprisonment in a jail. | 186 |
(5) The offender has been assessed by an appropriately | 197 |
licensed provider, certified facility, or licensed and | 198 |
credentialed professional, including, but not limited to, a | 199 |
program licensed by the department of alcohol and drug addiction | 200 |
services pursuant to section 3793.11 of the Revised Code, a | 201 |
program certified by that department pursuant to section 3793.06 | 202 |
of the Revised Code, a public or private hospital, the United | 203 |
States department of veterans affairs, another appropriate agency | 204 |
of the government of the United States, or a licensed physician, | 205 |
psychiatrist, psychologist, independent social worker, | 206 |
professional counselor, or chemical dependency counselor for the | 207 |
purpose of determining the offender's eligibility for intervention | 208 |
in lieu of conviction and recommending an appropriate intervention | 209 |
plan. | 210 |
(C) At the conclusion of a hearing held pursuant to division | 232 |
(A) of this section, the court shall enter its determination as to | 233 |
whether the offender is eligible for intervention in lieu of | 234 |
conviction and as to whether to grant the offender's request. If | 235 |
the court finds under division (B) of this section that the | 236 |
offender is eligible for intervention in lieu of conviction and | 237 |
grants the offender's request, the court shall accept the | 238 |
offender's plea of guilty and waiver of the defendant's right to a | 239 |
speedy trial, the preliminary hearing, the time period within | 240 |
which the grand jury may consider an indictment against the | 241 |
offender, and arraignment, unless the hearing, indictment, or | 242 |
arraignment has already occurred. In addition, the court then may | 243 |
stay all criminal proceedings and order the offender to comply | 244 |
with all terms and conditions imposed by the court pursuant to | 245 |
division (D) of this section. If the court finds that the offender | 246 |
is not eligible or does not grant the offender's request, the | 247 |
criminal proceedings against the offender shall proceed as if the | 248 |
offender's request for intervention in lieu of conviction had not | 249 |
been made. | 250 |
(D) If the court grants an offender's request for | 251 |
intervention in lieu of conviction, the court shall place the | 252 |
offender under the general control and supervision of the county | 253 |
probation department, the adult parole authority, or another | 254 |
appropriate local probation or court services agency, if one | 255 |
exists, as if the offender was subject to a community control | 256 |
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the | 257 |
Revised Code. The court shall establish an intervention plan for | 258 |
the offender. The terms and conditions of the intervention plan | 259 |
shall require the offender, for at least one year from the date on | 260 |
which the court grants the order of intervention in lieu of | 261 |
conviction, to abstain from the use of illegal drugs and alcohol, | 262 |
to participate in treatment and recovery support services, and to | 263 |
submit to regular random testing for drug and alcohol use and may | 264 |
include any other treatment terms and conditions, or terms and | 265 |
conditions similar to community control sanctions, which may | 266 |
include community service or restitution, that are ordered by the | 267 |
court. | 268 |
(E) If the court grants an offender's request for | 269 |
intervention in lieu of conviction and the court finds that the | 270 |
offender has successfully completed the intervention plan for the | 271 |
offender, including the requirement that the offender abstain from | 272 |
using drugs and alcohol for a period of at least one year from the | 273 |
date on which the court granted the order of intervention in lieu | 274 |
of conviction and all other terms and conditions ordered by the | 275 |
court, the court shall dismiss the proceedings against the | 276 |
offender. Successful completion of the intervention plan and | 277 |
period of abstinence under this section shall be without | 278 |
adjudication of guilt and is not a criminal conviction for | 279 |
purposes of any disqualification or disability imposed by law and | 280 |
upon conviction of a crime, and the court may order the sealing of | 281 |
records related to the offense in question in the manner provided | 282 |
in sections 2953.31 to 2953.36 of the Revised Code. | 283 |
(F) If the court grants an offender's request for | 284 |
intervention in lieu of conviction and the offender fails to | 285 |
comply with any term or condition imposed as part of the | 286 |
intervention plan for the offender, the supervising authority for | 287 |
the offender promptly shall advise the court of this failure, and | 288 |
the court shall hold a hearing to determine whether the offender | 289 |
failed to comply with any term or condition imposed as part of the | 290 |
plan. If the court determines that the offender has failed to | 291 |
comply with any of those terms and conditions, it shall enter a | 292 |
finding of guilty and shall impose an appropriate sanction under | 293 |
Chapter 2929. of the Revised Code. If the court sentences the | 294 |
offender to a prison term, the court, after consulting with the | 295 |
department of rehabilitation and correction regarding the | 296 |
availability of services, may order continued court-supervised | 297 |
activity and treatment of the offender during the prison term and, | 298 |
upon consideration of reports received from the department | 299 |
concerning the offender's progress in the program of activity and | 300 |
treatment, may consider judicial release under section 2929.20 of | 301 |
the Revised Code. | 302 |
(6) Any single vehicle or combination of vehicles that is | 345 |
designed to be operated and to travel on a public street or | 346 |
highway and is considered by the federal motor carrier safety | 347 |
administration to be a commercial motor vehicle, including, but | 348 |
not limited to, a motorized crane, a vehicle whose function is to | 349 |
pump cement, a rig for drilling wells, and a portable crane. | 350 |
(F) "Conviction" means an unvacated adjudication of guilt or | 358 |
a determination that a person has violated or failed to comply | 359 |
with the law in a court of original jurisdiction or an authorized | 360 |
administrative tribunal, an unvacated forfeiture of bail or | 361 |
collateral deposited to secure the person's appearance in court, a | 362 |
plea of guilty or nolo contendere accepted by the court, the | 363 |
payment of a fine or court cost, or violation of a condition of | 364 |
release without bail, regardless of whether or not the penalty is | 365 |
rebated, suspended, or probated. | 366 |
(O)(Q) "Farm truck" means a truck controlled and operated by | 409 |
a farmer for use in the transportation to or from a farm, for a | 410 |
distance of not more than one hundred fifty miles, of products of | 411 |
the farm, including livestock and its products, poultry and its | 412 |
products, floricultural and horticultural products, and in the | 413 |
transportation to the farm, from a distance of not more than one | 414 |
hundred fifty miles, of supplies for the farm, including tile, | 415 |
fence, and every other thing or commodity used in agricultural, | 416 |
floricultural, horticultural, livestock, and poultry production, | 417 |
and livestock, poultry, and other animals and things used for | 418 |
breeding, feeding, or other purposes connected with the operation | 419 |
of the farm, when the truck is operated in accordance with this | 420 |
division and is not used in the operations of a motor | 421 |
transportation company or private motor carrier. | 422 |
(U)(W) "Imminent hazard" means the existence of a condition | 443 |
that presents a substantial likelihood that death, serious | 444 |
illness, severe personal injury, or a substantial endangerment to | 445 |
health, property, or the environment may occur before the | 446 |
reasonably foreseeable completion date of a formal proceeding | 447 |
begun to lessen the risk of that death, illness, injury, or | 448 |
endangerment. | 449 |
(4)(d) Violation of section 4506.03 of the Revised Code or a | 507 |
substantially similar municipal ordinance or county or township | 508 |
resolution, or of any similar law of another state or political | 509 |
subdivision of another state, that involves the operation of a | 510 |
commercial motor vehicle without a valid commercial driver's | 511 |
license with the proper class or endorsement for the specific | 512 |
vehicle group being operated or for the passengers or type of | 513 |
cargo being transported; | 514 |
(HH)(KK) "Texting" means manually entering alphanumeric text | 551 |
into, or reading text from, an electronic device. Texting includes | 552 |
short message service, e-mail, instant messaging, a command or | 553 |
request to access a world wide web page, or engaging in any other | 554 |
form of electronic text retrieval or entry, for present or future | 555 |
communication. Texting does not include the following: | 556 |
(LL) "Texting while driving" means texting while operating a | 564 |
commercial motor vehicle, with the motor running, including while | 565 |
temporarily stationary because of traffic, a traffic control | 566 |
device, or other momentary delays, but does not include operating | 567 |
a commercial motor vehicle with or without the motor running when | 568 |
the driver has moved the vehicle to the side of, or off, a highway | 569 |
and is stopped in a location where the vehicle can safely remain | 570 |
stationary. | 571 |
(ii) A person whose medical certification information is not | 610 |
maintained in the commercial driver's license information system | 611 |
is required to have in the person's possession when on duty the | 612 |
original or copy of a current medical examiner's certificate that | 613 |
was issued prior to January 30, 2012, except that after January | 614 |
30, 2014, such person is required to have in the person's | 615 |
possession when on duty, the original or a copy of the current | 616 |
medical examiner's certificate that was submitted to the | 617 |
registrar, but the person may operate a commercial motor vehicle | 618 |
with such proof of medical certification for not more than fifteen | 619 |
days after the date the current medical examiner's certificate was | 620 |
issued to the person. | 621 |
Sec. 4506.07. (A) Every application for a commercial | 627 |
driver's license, restricted commercial driver's license, or a | 628 |
commercial driver's temporary instruction permit, or a duplicate | 629 |
of such a license, shall be made upon a form approved and | 630 |
furnished by the registrar of motor vehicles. Except as provided | 631 |
in section 4506.24 of the Revised Code in regard to a restricted | 632 |
commercial driver's license, the application shall be signed by | 633 |
the applicant and shall contain the following information: | 634 |
(1) The applicant's name, date of birth, social security | 635 |
account number, sex, general description including height, weight, | 636 |
and color of hair and eyes, current residence, duration of | 637 |
residence in this state, country of citizenship, and occupation; | 638 |
(2) Whether the applicant previously has been licensed to | 639 |
operate a commercial motor vehicle or any other type of motor | 640 |
vehicle in another state or a foreign jurisdiction and, if so, | 641 |
when, by what state, and whether the license or driving privileges | 642 |
currently are suspended or revoked in any jurisdiction, or the | 643 |
applicant otherwise has been disqualified from operating a | 644 |
commercial motor vehicle, or is subject to an out-of-service order | 645 |
issued under this chapter or any similar law of another state or a | 646 |
foreign jurisdiction and, if so, the date of, locations involved, | 647 |
and reason for the suspension, revocation, disqualification, or | 648 |
out-of-service order; | 649 |
(3) Whether the applicant is afflicted with or suffering from | 650 |
any physical or mental disability or disease that prevents the | 651 |
applicant from exercising reasonable and ordinary control over a | 652 |
motor vehicle while operating it upon a highway or is or has been | 653 |
subject to any condition resulting in episodic impairment of | 654 |
consciousness or loss of muscular control and, if so, the nature | 655 |
and extent of the disability, disease, or condition, and the names | 656 |
and addresses of the physicians attending the applicant; | 657 |
(7) On and after May 1, 1993, whether the applicant has | 673 |
executed a valid durable power of attorney for health care | 674 |
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 675 |
executed a declaration governing the use or continuation, or the | 676 |
withholding or withdrawal, of life-sustaining treatment pursuant | 677 |
to sections 2133.01 to 2133.15 of the Revised Code and, if the | 678 |
applicant has executed either type of instrument, whether the | 679 |
applicant wishes the license issued to indicate that the applicant | 680 |
has executed the instrument; | 681 |
(8) On and after October 7, 2009, whether the applicant is a | 682 |
veteran, active duty, or reservist of the armed forces of the | 683 |
United States and, if the applicant is such, whether the applicant | 684 |
wishes the license issued to indicate that the applicant is a | 685 |
veteran, active duty, or reservist of the armed forces of the | 686 |
United States by a military designation on the license. | 687 |
(D) The registrar or a deputy registrar, in accordance with | 706 |
section 3503.11 of the Revised Code, shall register as an elector | 707 |
any applicant for a commercial driver's license or for a renewal | 708 |
or duplicate of such a license under this chapter, if the | 709 |
applicant is eligible and wishes to be registered as an elector. | 710 |
The decision of an applicant whether to register as an elector | 711 |
shall be given no consideration in the decision of whether to | 712 |
issue the applicant a license or a renewal or duplicate. | 713 |
(E) The registrar or a deputy registrar, in accordance with | 714 |
section 3503.11 of the Revised Code, shall offer the opportunity | 715 |
of completing a notice of change of residence or change of name to | 716 |
any applicant for a commercial driver's license or for a renewal | 717 |
or duplicate of such a license who is a resident of this state, if | 718 |
the applicant is a registered elector who has changed the | 719 |
applicant's residence or name and has not filed such a notice. | 720 |
(G) In addition to any other information it contains, on and | 726 |
after October 7, 2009, the form approved and furnished by the | 727 |
registrar of motor vehicles for an application for a commercial | 728 |
driver's license, restricted commercial driver's license, or a | 729 |
commercial driver's temporary instruction permit or an application | 730 |
for a duplicate of such a license shall inform applicants that the | 731 |
applicant must present a copy of the applicant's DD-214 or an | 732 |
equivalent document in order to qualify to have the license or | 733 |
duplicate indicate that the applicant is a veteran, active duty, | 734 |
or reservist of the armed forces of the United States based on a | 735 |
request made pursuant to division (A)(8) of this section. | 736 |
(1) Prior to January 30, 2012, each person who drives or | 740 |
expects to drive a commercial motor vehicle in interstate or | 741 |
foreign commerce or is otherwise subject to 49 C.F.R. 391, et | 742 |
seq., as amended, shall certify to the registrar of motor vehicles | 743 |
at the time of application for a commercial driver's license that | 744 |
the person is in compliance with these standards. Any person who | 745 |
is not subject to 49 C.F.R. 391, et seq., as amended, also shall | 746 |
certify at the time of application that the person is not subject | 747 |
to these standards. | 748 |
(2) Beginning on January 30, 2012, any person applying for a | 749 |
commercial driver's license, renewing of a commercial driver's | 750 |
license, or transferring a commercial driver's license from out of | 751 |
state shall self-certify to the registrar for purposes of 49 | 752 |
C.F.R. 383.71, one of the following in regard to the applicant's | 753 |
operation of a commercial motor vehicle, as applicable: | 754 |
(a)(i) If the applicant operates or expects to operate a | 755 |
commercial motor vehicle in interstate or foreign commerce and is | 756 |
subject to and meets the requirements under 49 C.F.R. part 391, | 757 |
the applicant shall self-certify that the applicant is | 758 |
non-excepted interstate and shall provide the registrar with the | 759 |
original or a copy of a medical examiner's certificate and each | 760 |
subsequently issued medical examiner's certificate prepared by a | 761 |
qualified medical examiner to maintain a medically certified | 762 |
status on the applicant's commercial driver licensing system | 763 |
driver record; | 764 |
(ii) If the applicant operates or expects to operate a | 765 |
commercial motor vehicle in interstate commerce, but engages in | 766 |
transportation or operations excepted under 49 C.F.R. 390.3(f), | 767 |
391.2, 391.68, or 398.3 from all or parts of the qualification | 768 |
requirements of 49 C.F.R. part 391, the applicant shall | 769 |
self-certify that the applicant is excepted interstate and is not | 770 |
required to obtain a medical examiner's certificate; | 771 |
(D) Whenever good cause appears, the registrar, upon issuing | 812 |
a commercial driver's license under this chapter, may impose | 813 |
restrictions suitable to the licensee's driving ability with | 814 |
respect to the type of motor vehicle or special mechanical control | 815 |
devices required on a motor vehicle that the licensee may operate, | 816 |
or such other restrictions applicable to the licensee as the | 817 |
registrar determines to be necessary. | 818 |
The registrar, upon receiving satisfactory evidence that an | 826 |
applicant or holder of a commercial driver's license has violated | 827 |
division (A)(4) of section 4506.04 of the Revised Code and | 828 |
knowingly given false information in any application or | 829 |
certification required by section 4506.07 of the Revised Code, | 830 |
shall cancel the commercial driver's license of the person or any | 831 |
pending application from the person for a commercial driver's | 832 |
license or class D driver's license for a period of at least sixty | 833 |
days, during which time no application for a commercial driver's | 834 |
license or class D driver's license shall be received from the | 835 |
person. | 836 |
Sec. 4506.12. (A) Commercial drivers'driver's licenses | 845 |
shall be issued in the following classes and shall include any | 846 |
endorsements and restrictions that are applicable. Subject to any | 847 |
such endorsements and restrictions, the holder of a valid | 848 |
commercial driver's license may drive all commercial motor | 849 |
vehicles in the class for which that license is issued and all | 850 |
lesser classes of vehicles, except that the holder shall not | 851 |
operate a motorcycle unless the holder is licensed to do so under | 852 |
Chapter 4507. of the Revised Code. | 853 |
(3) Class C--any single vehicle, or combination of vehicles, | 865 |
that is not a class A or class B vehicle, but that is designed to | 866 |
transport sixteen or more passengers, including the driver, or is | 867 |
transporting hazardous materials in an amount requiring | 868 |
placarding, or any school bus with a gross vehicle weight rating | 869 |
of less than twenty-six thousand one pounds that is designed to | 870 |
transport fewer than sixteen passengers including the driver. | 871 |
Sec. 4506.13. (A) The registrar of motor vehicles may | 926 |
authorize the highway patrol or any other employee of the | 927 |
department of public safety to issue an examiner's commercial | 928 |
examinations passed form to an applicant who has passed the | 929 |
required examinations. The examiner's commercial examinations | 930 |
passed form shall be used, once it has been validated, to indicate | 931 |
the examinations taken and passed by the commercial driver's | 932 |
license applicant. | 933 |
(B)(1) Before issuing, renewing, transferring, or upgrading a | 934 |
commercial driver's license, the registrar of motor vehicles shall | 935 |
obtain information about the applicant's driving record through | 936 |
the commercial driverdriver's license information system, the | 937 |
applicant's state of licensure, and when available, and the | 938 |
national driver register. IfIn addition, beginning January 30, | 939 |
2012, before issuing, renewing, transferring, or upgrading a | 940 |
commercial driver's license the registrar shall check the | 941 |
applicant's driver record to ensure that an applicant who | 942 |
self-certified under division (A)(2)(a)(i) of section 4506.10 of | 943 |
the Revised Code that the applicant's operation of a commercial | 944 |
motor vehicle is non-excepted interstate, is medically certified. | 945 |
(C)(1) Within ten days after issuing a commercial driver's | 961 |
license, the registrar shall notify the commercial driverdriver's | 962 |
license information system, when available, of that fact and shall | 963 |
provide all information required to ensure identification of the | 964 |
licensee. If the registrar is notified that driver has been issued | 965 |
a medical variance, the registrar shall indicate the existence of | 966 |
the medical variance on the commercial driver's license holder's | 967 |
commercial driver's license information system driver record. | 968 |
(3) The registrar shall post and maintain as part of the | 987 |
commercial driver's license information system driver record all | 988 |
convictions, disqualifications, and other licensing actions for | 989 |
violations of any state or municipal ordinances related to motor | 990 |
vehicle traffic control, other than parking violations for all | 991 |
persons who hold a commercial driver's license or operate a motor | 992 |
vehicle for which a commercial driver's license is required. | 993 |
(6) Beginning on January 30, 2012, within ten days after a | 1014 |
commercial driver's license holder's medical certification status | 1015 |
expires or a medical variance expires or is rescinded, the | 1016 |
registrar shall update the person's medical certification status | 1017 |
to non-certified. Within ten calendar days after receiving | 1018 |
information from the federal motor carrier safety administration | 1019 |
regarding issuance or renewal of a medical variance for a driver, | 1020 |
the registrar shall update the driver's commercial driver's | 1021 |
license information system driver record to include the medical | 1022 |
variance information provided by the federal motor carrier safety | 1023 |
administration. | 1024 |
(1) Send notice to the commercial driver's license holder of | 1029 |
the holder's medically not certified status. The notice shall | 1030 |
inform the driver that the driver's commercial driver's license | 1031 |
privileges will be removed unless the driver resolves the medical | 1032 |
certification or medical variance defect by submitting a current | 1033 |
medical certificate or medical variance, as applicable, or | 1034 |
changing the driver's self-certification under division (A)(2) of | 1035 |
section 4506.10 of the Revised Code to driving only in excepted | 1036 |
interstate or excepted intrastate commerce within sixty days. | 1037 |
(2) Sixty days after the change to a medically not certified | 1038 |
status, if the commercial driver's license holder has not resolved | 1039 |
the medical certification or medical variance defect as described | 1040 |
in division (D)(1) of this section, the registrar shall change the | 1041 |
person's commercial driver's license status to reflect no | 1042 |
commercial driver's license privileges and shall send the person a | 1043 |
second notice informing the person that the commercial driver's | 1044 |
license privilege has been removed from the driver's license and | 1045 |
that, unless the driver resolves the medical certification or | 1046 |
medical variance defect by submitting a current medical | 1047 |
certificate or medical variance, as applicable, or changing the | 1048 |
driver's self-certification under division (A)(2) of section | 1049 |
4506.10 of the Revised Code to driving only in excepted interstate | 1050 |
or excepted intrastate commerce within one hundred eighty days, | 1051 |
the person's commercial driver's license will be downgraded to a | 1052 |
noncommercial driver's license class of license. | 1053 |
Sec. 4506.131. (A) The registrar of motor vehicles shall not | 1054 |
issue, renew, upgrade, or transfer a hazardous materials | 1055 |
endorsement for a commercial driver's license to any individual | 1056 |
authorizing that individual to operate a commercial motor vehicle | 1057 |
transporting a hazardous material in commerce unless the registrar | 1058 |
has received from the transportation security administration a | 1059 |
determination indicating that the individual does not pose a | 1060 |
security risk warranting denial of the endorsement. | 1061 |
(C) The registrar shall order any revocation under division | 1073 |
(B) of this section without a hearing. Any person adversely | 1074 |
affected by the order may request an administrative hearing before | 1075 |
the registrar. The scope of the hearing shall be limited to | 1076 |
whether the bureau of motor vehicles properly revoked the | 1077 |
hazardous material endorsement after receiving notification from | 1078 |
the transportation security administration and shall not include | 1079 |
consideration of whether the transportation security | 1080 |
administration acted properly in sending the notification. | 1081 |
(2) Except as provided in division (A)(3) or (4) of this | 1090 |
section, each such license issued as an original license to a | 1091 |
person whose residence is in this state shall expire on the | 1092 |
licensee's birthday in the fourth year after the date of issuance, | 1093 |
and each such license issued to a person whose temporary residence | 1094 |
is in this state shall expire in accordance with rules adopted by | 1095 |
the registrar of motor vehicles. A license issued to a person with | 1096 |
a temporary residence in this state is nonrenewable, but may be | 1097 |
replaced with a new license within ninety days prior to its | 1098 |
expiration upon the applicant's compliance with all applicable | 1099 |
requirements. | 1100 |
(B) No commercial driver's license shall be issued for a | 1112 |
period longer than four years and one hundred eighty days. Except | 1113 |
as provided in section 4507.12 of the Revised Code, the registrar | 1114 |
may waive the examination of any person applying for the renewal | 1115 |
of a commercial driver's license issued under this chapter, | 1116 |
provided that the applicant presents either an unexpired | 1117 |
commercial driver's license or a commercial driver's license that | 1118 |
has expired not more than six months prior to the date of | 1119 |
application. | 1120 |
(C) Subject to the requirements of this chapter and except as | 1121 |
provided in division (A)(2) of this section in regard to a person | 1122 |
whose temporary residence is in this state, every commercial | 1123 |
driver's license shall be renewable one hundred eighty days before | 1124 |
its expiration upon payment of the fees required by section | 1125 |
4506.08 of the Revised Code. Each person applying for renewal or | 1126 |
transfer of a commercial driver's license shall complete the | 1127 |
application form prescribed by section 4506.07 of the Revised Code | 1128 |
and shall provide all certifications required. Beginning on | 1129 |
January 30, 2012, prior to applying for renewal of a commercial | 1130 |
driver's license, each applicant shall submit a new copy or | 1131 |
original medical examiner's certificate required by section | 1132 |
4506.10 of the Revised Code; if the person's medical status has | 1133 |
changed, the registrar shall take the appropriate action to | 1134 |
address the change in medical status. If the person wishes to | 1135 |
retain an endorsement authorizing the person to transport | 1136 |
hazardous materials, the person shall take and successfully | 1137 |
complete the written test for the endorsement and shall submit to | 1138 |
any background check required by federal law. | 1139 |
(D) Each person licensed as a driver under this chapter shall | 1140 |
notify the registrar of any change in the person's address within | 1141 |
ten days following that change. The notification shall be in | 1142 |
writing on a form provided by the registrar and shall include the | 1143 |
full name, date of birth, license number, county of residence, | 1144 |
social security number, and new address of the person. | 1145 |
(B)(1) A driver is disqualified for one hundred eighty days | 1213 |
if the driver is convicted of a first violation of an | 1214 |
out-of-service order while transporting hazardous materials | 1215 |
required to be placarded under the "Hazardous Materials | 1216 |
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as | 1217 |
amended, or while operating a motor vehicle designed to transport | 1218 |
sixteen or more passengers, including the driver.
| 1219 |
(2) A driver is disqualified for a period of three years if, | 1220 |
during any ten-year period, the driver is convicted of a second or | 1221 |
subsequent violation, in an incident separate from the incident | 1222 |
that resulted in a previous violation during that ten-year period, | 1223 |
of an out-of-service order while transporting hazardous materials | 1224 |
required to be placarded under that act, or while operating a | 1225 |
motor vehicle designed to transport sixteen or more passengers, | 1226 |
including the driver.
| 1227 |
(1) Upon a first conviction for a violation of any provision | 1237 |
of divisions (A)(2) to
(9)(12) of section 4506.15 of the Revised | 1238 |
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the | 1239 |
Revised Code, or a similar law of another state or a foreign | 1240 |
jurisdiction, or upon a first suspension imposed under section | 1241 |
4511.191 of the Revised Code or a similar law of another state or | 1242 |
foreign jurisdiction, one year;
| 1243 |
(2) Upon a second conviction for a violation of any provision | 1244 |
of divisions (A)(2) to (9)(12) of section 4506.15 of the Revised | 1245 |
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the | 1246 |
Revised Code, or a similar law of another state or a foreign | 1247 |
jurisdiction, or upon a second suspension imposed under section | 1248 |
4511.191 of the Revised Code or a similar law of another state or | 1249 |
foreign jurisdiction, or any combination of such violations | 1250 |
arising from two or more separate incidents, the person shall be | 1251 |
disqualified for life or for any other period of time as | 1252 |
determined by the United States secretary of transportation and | 1253 |
designated by the director of public safety by rule;
| 1254 |
(6)(a) Upon conviction of two serious traffic violations | 1280 |
involving the operation of a vehicle other than a commercial motor | 1281 |
vehicle by the person and arising from separate incidents | 1282 |
occurring in a three-year period, the person shall be disqualified | 1283 |
for sixty days if the conviction results in the suspension, | 1284 |
cancellation, or revocation of the holder's commercial driver's | 1285 |
license or noncommercial motor vehicle driving privileges, which | 1286 |
disqualification shall be imposed consecutively to any other | 1287 |
separate disqualification imposed under division (D)(5) or (6) of | 1288 |
this section;
| 1289 |
(6)(b) Upon conviction of three serious traffic violations | 1290 |
involving the operation of a vehicle other than a commercial motor | 1291 |
vehicle by the person and arising from separate incidents | 1292 |
occurring in a three-year period, the person shall be disqualified | 1293 |
for one hundred twenty days if the conviction results in the | 1294 |
suspension, cancellation, or revocation of the holder's commercial | 1295 |
driver's license or noncommercial motor vehicle driving | 1296 |
privileges, which disqualification shall be imposed consecutively | 1297 |
to any other separate disqualification imposed under division | 1298 |
(D)(5) or (6) of this section. | 1299 |
(G) If a person commits a serious traffic violation by | 1342 |
operating a commercial motor vehicle without having a commercial | 1343 |
driver's license in the person's possession as described in | 1344 |
division (DD)(7)(GG)(2)(e) of section 4506.01 of the Revised Code | 1345 |
and the person then submits proof to either the enforcement agency | 1346 |
that issued the citation for the violation or to the court with | 1347 |
jurisdiction over the case before the date of the person's initial | 1348 |
appearance that shows that the person held a valid commercial | 1349 |
driver's license at the time of the violation, the violation shall | 1350 |
not be deemed to be a serious traffic violation.
| 1351 |
(J) The registrar immediately shall notify a driver who is | 1358 |
finally convicted of any offense described in section 4506.15 of | 1359 |
the Revised Code or division (B)(4), (5), or (6) of this section | 1360 |
and thereby is subject to disqualification, of the offense or | 1361 |
offenses involved, of the length of time for which | 1362 |
disqualification is to be imposed, and that the driver may request | 1363 |
a hearing within thirty days of the mailing of the notice to show | 1364 |
cause why the driver should not be disqualified from operating a | 1365 |
commercial motor vehicle. If a request for such a hearing is not | 1366 |
made within thirty days of the mailing of the notice, the order of | 1367 |
disqualification is final. The registrar may designate hearing | 1368 |
examiners who, after affording all parties reasonable notice, | 1369 |
shall conduct a hearing to determine whether the disqualification | 1370 |
order is supported by reliable evidence. The registrar shall adopt | 1371 |
rules to implement this division.
| 1372 |
(K) Any person who is disqualified from operating a | 1373 |
commercial motor vehicle under this section may apply to the | 1374 |
registrar for a driver's license to operate a motor vehicle other | 1375 |
than a commercial motor vehicle, provided the person's commercial | 1376 |
driver's license is not otherwise suspended. A person whose | 1377 |
commercial driver's license is suspended shall not apply to the | 1378 |
registrar for or receive a driver's license under Chapter 4507. of | 1379 |
the Revised Code during the period of suspension.
| 1380 |
Sec. 4506.161. No court shall issue an order granting limited | 1383 |
driving privileges for operation of a commercial motor vehicle to | 1384 |
any person whose driver's license or commercial driver's license | 1385 |
has been suspended or who has been disqualified from operating a | 1386 |
commercial motor vehicle. In regard to an offense involving the | 1387 |
operation of a commercial motor vehicle, no court shall modify any | 1388 |
record, or consent to the modification of any record, if the | 1389 |
resulting record would no longer reflect the operation of a | 1390 |
commercial motor vehicle, unless a determination of the facts | 1391 |
indicates that the person was not operating a commercial motor | 1392 |
vehicle at the time of the offense. | 1393 |
Sec. 4506.17. (A) Any person who holds a commercial driver's | 1394 |
license or operates a commercial motor vehicle requiring a | 1395 |
commercial driver's license within this state shall be deemed to | 1396 |
have given consent to a test or tests of the person's whole blood, | 1397 |
blood serum or plasma, breath, or urine for the purpose of | 1398 |
determining the person's alcohol concentration or the presence of | 1399 |
any controlled substance or a metabolite of a controlled | 1400 |
substance. | 1401 |
(B) A test or tests as provided in division (A) of this | 1402 |
section may be administered at the direction of a peace officer | 1403 |
having reasonable ground to stop or detain the person and, after | 1404 |
investigating the circumstances surrounding the operation of the | 1405 |
commercial motor vehicle, also having reasonable ground to believe | 1406 |
the person was driving the commercial vehicle while having a | 1407 |
measurable or detectable amount of alcohol or of a controlled | 1408 |
substance or a metabolite of a controlled substance in the | 1409 |
person's whole blood, blood serum or plasma, breath, or urine. Any | 1410 |
such test shall be given within two hours of the time of the | 1411 |
alleged violation. | 1412 |
(C) A person requested to submit to a test under division (A) | 1413 |
of this section shall be advised by the peace officer requesting | 1414 |
the test that a refusal to submit to the test will result in the | 1415 |
person immediately being placed out-of-service for a period of | 1416 |
twenty-four hours and being disqualified from operating a | 1417 |
commercial motor vehicle for a period of not less than one year, | 1418 |
and that the person is required to surrender the person's | 1419 |
commercial driver's license to the peace officer. | 1420 |
(D) If a person refuses to submit to a test after being | 1421 |
warned as provided in division (C) of this section or submits to a | 1422 |
test that discloses the presence of an amount of alcohol or a | 1423 |
controlled substance prohibited by divisions (A)(1) to (5) of | 1424 |
section 4506.15 of the Revised Code or a metabolite of a | 1425 |
controlled substance, an alcohol concentration of four-hundredths | 1426 |
of one per cent or more by whole blood or breath, an alcohol | 1427 |
concentration of forty-eight-thousandths of one per cent or more | 1428 |
by blood serum or blood plasma, or an alcohol concentration of | 1429 |
fifty-six-thousandths of one per cent or more by urine, the person | 1430 |
immediately shall surrender the person's commercial driver's | 1431 |
license to the peace officer. The peace officer shall forward the | 1432 |
license, together with a sworn report, to the registrar of motor | 1433 |
vehicles certifying that the test was requested pursuant to | 1434 |
division (A) of this section and that the person either refused to | 1435 |
submit to testing or submitted to a test that disclosed the | 1436 |
presence of a controlled substance or a metabolite of a controlled | 1437 |
substance or a prohibited alcohol concentrationone of the | 1438 |
prohibited concentrations of a substance listed in divisions | 1439 |
(A)(1) to (5) of section 4506.15 of the Revised Code or a | 1440 |
metabolite of a controlled substance. The form and contents of the | 1441 |
report required by this section shall be established by the | 1442 |
registrar by rule, but shall contain the advice to be read to the | 1443 |
driver and a statement to be signed by the driver acknowledging | 1444 |
that the driver has been read the advice and that the form was | 1445 |
shown to the driver. | 1446 |
(2) Upon an incident of refusal or of a prohibited | 1454 |
concentration of alcohol, a controlled substance, or a metabolite | 1455 |
of a controlled substance after one or more previous incidents of | 1456 |
either refusal or of a prohibited concentration of alcohol, a | 1457 |
controlled substance, or a metabolite of a controlled substance, | 1458 |
the person shall be disqualified for life or such lesser period as | 1459 |
prescribed by rule by the registrar. | 1460 |
(F) A test of a person's whole blood or a person's blood | 1461 |
serum or plasma given under this section shall comply with the | 1462 |
applicable provisions of division (D) of section 4511.19 of the | 1463 |
Revised Code and any physician, registered nurse, emergency | 1464 |
medical technician-intermediate, emergency medical | 1465 |
technician-paramedic, or qualified technician, chemist, or | 1466 |
phlebotomist who withdraws whole blood or blood serum or plasma | 1467 |
from a person under this section, and any hospital, first-aid | 1468 |
station, clinic, or other facility at which whole blood or blood | 1469 |
serum or plasma is withdrawn from a person pursuant to this | 1470 |
section, is immune from criminal liability, and from civil | 1471 |
liability that is based upon a claim of assault and battery or | 1472 |
based upon any other claim of malpractice, for any act performed | 1473 |
in withdrawing whole blood or blood serum or plasma from the | 1474 |
person. The immunity provided in this division also extends to an | 1475 |
emergency medical service organization that employs an emergency | 1476 |
medical technician-intermediate or emergency medical | 1477 |
technician-paramedic who withdraws blood under this section. | 1478 |
(G) When a person submits to a test under this section, the | 1479 |
results of the test, at the person's request, shall be made | 1480 |
available to the person, the person's attorney, or the person's | 1481 |
agent, immediately upon completion of the chemical test analysis. | 1482 |
The person also may have an additional test administered by a | 1483 |
physician, a registered nurse, or a qualified technician, chemist, | 1484 |
or phlebotomist of the person's own choosing as provided in | 1485 |
division (D) of section 4511.19 of the Revised Code for tests | 1486 |
administered under that section, and the failure to obtain such a | 1487 |
test has the same effect as in that division. | 1488 |
(J)(1) Except for civil actions arising out of the operation | 1497 |
of a motor vehicle and civil actions in which the state is a | 1498 |
plaintiff, no peace officer of any law enforcement agency within | 1499 |
this state is liable in compensatory damages in any civil action | 1500 |
that arises under the Revised Code or common law of this state for | 1501 |
an injury, death, or loss to person or property caused in the | 1502 |
performance of official duties under this section and rules | 1503 |
adopted under this section, unless the officer's actions were | 1504 |
manifestly outside the scope of the officer's employment or | 1505 |
official responsibilities, or unless the officer acted with | 1506 |
malicious purpose, in bad faith, or in a wanton or reckless | 1507 |
manner. | 1508 |
(2) Except for civil actions that arise out of the operation | 1509 |
of a motor vehicle and civil actions in which the state is a | 1510 |
plaintiff, no peace officer of any law enforcement agency within | 1511 |
this state is liable in punitive or exemplary damages in any civil | 1512 |
action that arises under the Revised Code or common law of this | 1513 |
state for any injury, death, or loss to person or property caused | 1514 |
in the performance of official duties under this section of the | 1515 |
Revised Code and rules adopted under this section, unless the | 1516 |
officer's actions were manifestly outside the scope of the | 1517 |
officer's employment or official responsibilities, or unless the | 1518 |
officer acted with malicious purpose, in bad faith, or in a wanton | 1519 |
or reckless manner. | 1520 |
(L) The registrar immediately shall notify a driver who is | 1524 |
subject to disqualification of the disqualification, of the length | 1525 |
of the disqualification, and that the driver may request a hearing | 1526 |
within thirty days of the mailing of the notice to show cause why | 1527 |
the driver should not be disqualified from operating a commercial | 1528 |
motor vehicle. If a request for such a hearing is not made within | 1529 |
thirty days of the mailing of the notice, the order of | 1530 |
disqualification is final. The registrar may designate hearing | 1531 |
examiners who, after affording all parties reasonable notice, | 1532 |
shall conduct a hearing to determine whether the disqualification | 1533 |
order is supported by reliable evidence. The registrar shall adopt | 1534 |
rules to implement this division. | 1535 |
(M) Any person who is disqualified from operating a | 1536 |
commercial motor vehicle under this section may apply to the | 1537 |
registrar for a driver's license to operate a motor vehicle other | 1538 |
than a commercial motor vehicle, provided the person's commercial | 1539 |
driver's license is not otherwise suspended. A person whose | 1540 |
commercial driver's license is suspended shall not apply to the | 1541 |
registrar for or receive a driver's license under Chapter 4507. of | 1542 |
the Revised Code during the period of suspension. | 1543 |
Sec. 4506.21. Within ten days after receiving a report of | 1550 |
the conviction of any nonresident holder of a commercial driver's | 1551 |
license for a violation of a state law or local ordinance or | 1552 |
resolution relating to traffic control, other than parking | 1553 |
violations, committed in a commercial motor vehicle, the registrar | 1554 |
of motor vehicles shall notify the driver licensing authority in | 1555 |
the statejurisdiction in which the person resides and the driver | 1556 |
licensing authority that issued the nonresident's commercial | 1557 |
driver's license of the conviction, if different from the state of | 1558 |
residence.
| 1559 |
Sec. 4510.03. (A) Every county court judge, mayor of a | 1560 |
mayor's court, and clerk of a court of record shall keep a full | 1561 |
record of every case in which a person is charged with any | 1562 |
violation of any provision of sections 4511.01 to 4511.771 or | 1563 |
4513.01 to 4513.36 of the Revised Code or of any other law or | 1564 |
ordinance regulating the operation of vehicles, streetcars, and | 1565 |
trackless trolleys on highways or streets.
| 1566 |
(B) If a person is convicted of or forfeits bail in relation | 1567 |
to a violation of any section listed in division (A) of this | 1568 |
section or a violation of any other law or ordinance regulating | 1569 |
the operation of vehicles, streetcars, and trackless trolleys on | 1570 |
highways or streets, the county court judge, mayor of a mayor's | 1571 |
court, or clerk, within tenseven days after the conviction or | 1572 |
bail forfeiture, shall prepare and immediately forward to the | 1573 |
bureau of motor vehicles an abstract, certified by the preparer to | 1574 |
be true and correct, of the court record covering the case in | 1575 |
which the person was convicted or forfeited bail. Every court of | 1576 |
record also shall forward to the bureau of motor vehicles an | 1577 |
abstract of the court record as described in division (C) of this | 1578 |
section upon the conviction of any person of aggravated vehicular | 1579 |
homicide or vehicular homicide or of a felony in the commission of | 1580 |
which a vehicle was used.
| 1581 |
(C) Each abstract required by this section shall be made upon | 1582 |
a form approved and furnished by the bureau and shall include the | 1583 |
name and address of the person charged, the number of the person's | 1584 |
driver's or commercial driver's license, probationary driver's | 1585 |
license, or temporary instruction permit, the registration number | 1586 |
of the vehicle involved, the nature of the offense, the date of | 1587 |
the offense, the date of hearing, the plea, the judgment, or | 1588 |
whether bail was forfeited, and the amount of the fine or | 1589 |
forfeiture.
| 1590 |
Sec. 4510.036. (A) The bureau of motor vehicles shall record | 1591 |
within ten days, after receipt,of conviction or bail forfeiture | 1592 |
and shall keep at its main office, all abstracts received under | 1593 |
this section or section 4510.03, 4510.031, 4510.032, or 4510.034 | 1594 |
of the Revised Code and shall maintain records of convictions and | 1595 |
bond forfeitures for any violation of a state law or a municipal | 1596 |
ordinance regulating the operation of vehicles, streetcars, and | 1597 |
trackless trolleys on highways and streets, except a violation | 1598 |
related to parking a motor vehicle. | 1599 |
(B) Every court of record or mayor's court before which a | 1600 |
person is charged with a violation for which points are chargeable | 1601 |
by this section shall assess and transcribe to the abstract of | 1602 |
conviction that is furnished by the bureau to the court the number | 1603 |
of points chargeable by this section in the correct space assigned | 1604 |
on the reporting form. A United States district court that has | 1605 |
jurisdiction within this state and before which a person is | 1606 |
charged with a violation for which points are chargeable by this | 1607 |
section may assess and transcribe to the abstract of conviction | 1608 |
report that is furnished by the bureau the number of points | 1609 |
chargeable by this section in the correct space assigned on the | 1610 |
reporting form. If the federal court so assesses and transcribes | 1611 |
the points chargeable for the offense and furnishes the report to | 1612 |
the bureau, the bureau shall record the points in the same manner | 1613 |
as those assessed and transcribed by a court of record or mayor's | 1614 |
court. | 1615 |
(6) A violation of division (A) of section 4511.19 of the | 1636 |
Revised Code, any ordinance prohibiting the operation of a vehicle | 1637 |
while under the influence of alcohol, a drug of abuse, or a | 1638 |
combination of them, or any ordinance substantially equivalent to | 1639 |
division (A) of section 4511.19 of the Revised Code prohibiting | 1640 |
the operation of a vehicle with a prohibited concentration of | 1641 |
alcohol, a controlled substance, or a metabolite of a controlled | 1642 |
substance in the whole blood, blood serum or plasma, breath, or | 1643 |
urine .......... 6 points | 1644 |
(E) If a person is convicted of or forfeits bail for two or | 1683 |
more offenses arising out of the same facts and points are | 1684 |
chargeable for each of the offenses, points shall be charged for | 1685 |
only the conviction or bond forfeiture for which the greater | 1686 |
number of points is chargeable, and, if the number of points | 1687 |
chargeable for each offense is equal, only one offense shall be | 1688 |
recorded, and points shall be charged only for that offense. | 1689 |
Sec. 4513.37. Every county court judge, mayor, and clerk of | 1690 |
a court of record shall keep a full record of every case in which | 1691 |
a person is charged with any violation of sections 4511.01 to | 1692 |
4511.78, section 4511.99, and sections 4513.01 to 4513.37 of the | 1693 |
Revised Code, or of any other law or ordinance regulating the | 1694 |
operation of vehicles, streetcars, and trackless trolleys on | 1695 |
highways.
| 1696 |
Within tenseven days after the conviction or forfeiture of | 1697 |
bail of a person upon a charge of violating any of such sections | 1698 |
or other law or ordinance regulating the operation of vehicles, | 1699 |
streetcars, and trackless trolleys on highways, said judge, mayor, | 1700 |
or clerk shall prepare and immediately forward to the department | 1701 |
of public safety an abstract of the court record covering the case | 1702 |
in which said person was convicted foror forfeited bail, which | 1703 |
abstract must be certified by the person required to prepare the | 1704 |
same to be true and correct.
| 1705 |
SaidThe abstract shall be made upon a form approved and | 1706 |
furnished by the department and shall include the name and address | 1707 |
of the party charged, the number of histhe party's driver's or | 1708 |
commercial driver's license, the registration number of the | 1709 |
vehicle involved, the nature of the offense, the date of hearing, | 1710 |
the plea, the judgment, or whether bail forfeited, and the amount | 1711 |
of the fine or forfeiture.
| 1712 |
(5)(a) Ninety-seven feet for drive-away saddlemount vehicle | 1763 |
transporter combinations and drive-away saddlemount with fullmount | 1764 |
vehicle transporter combinations when operated on any interstate, | 1765 |
United States route, or state route, including reasonable access | 1766 |
travel on all other roadways for a distance not to exceed one road | 1767 |
mile from any interstate, United States route, or state route, not | 1768 |
to exceed three saddlemounted vehicles, but which may include one | 1769 |
fullmount; | 1770 |
(E) An automobile transporter or boat transporter shall be | 1785 |
allowed a length of sixty-five feet and a stinger-steered | 1786 |
automobile transporter or stinger-steered boat transporter shall | 1787 |
be allowed a length of seventy-five feet, except that the load | 1788 |
thereon may extend no more than four feet beyond the rear of such | 1789 |
vehicles and may extend no more than three feet beyond the front | 1790 |
of such vehicles, and except further that the director may | 1791 |
prohibit the operation of a stinger-steered automobile | 1792 |
transporter, stinger-steered boat transporter, or a B-train | 1793 |
assembly on any state highway or portion thereofof any state | 1794 |
highway that the director designates. | 1795 |
The lengths prescribed in divisions (C)(2) to (8) of this | 1805 |
section shall not include safety devices, bumpers attached to the | 1806 |
front or rear of such bus or combination, nonproperty carrying | 1807 |
devices or components that do not extend more than twenty-four | 1808 |
inches beyond the rear of the vehicle and are needed for loading | 1809 |
or unloading, B-train assembly used between the first and second | 1810 |
semitrailer of a commercial tractor-semitrailer-semitrailer | 1811 |
combination, energy conservation devices as provided in any | 1812 |
regulations adopted by the secretary of the United States | 1813 |
department of transportation, or any noncargo-carrying | 1814 |
refrigeration equipment attached to the front of trailers and | 1815 |
semitrailers. In special cases, vehicles whose dimensions exceed | 1816 |
those prescribed by this section may operate in accordance with | 1817 |
rules adopted by the director. | 1818 |
(G) This section does not apply to fire engines, fire trucks, | 1819 |
or other vehicles or apparatus belonging to any municipal | 1820 |
corporation or to the volunteer fire department of any municipal | 1821 |
corporation or used by such department in the discharge of its | 1822 |
functions. This section does not apply to vehicles and pole | 1823 |
trailers used in the transportation of wooden and metal poles, nor | 1824 |
to the transportation of pipes or well-drilling equipment, nor to | 1825 |
farm machinery and equipment. The owner or operator of any | 1826 |
vehicle, machinery, or equipment not specifically enumerated in | 1827 |
this section but the dimensions of which exceed the dimensions | 1828 |
provided by this section, when operating the same on the highways | 1829 |
and streets of this state, shall comply with the rules of the | 1830 |
director governing such movement, whichthat the director may | 1831 |
adopt. Sections 119.01 to 119.13 of the Revised Code apply to any | 1832 |
rules the director adopts under this section, or the amendment or | 1833 |
rescission thereofof the rules, and any person adversely affected | 1834 |
shall have the same right of appeal as provided in those sections. | 1835 |
This section does not require the state, a municipal | 1836 |
corporation, county, township, or any railroad or other private | 1837 |
corporation to provide sufficient vertical clearance to permit the | 1838 |
operation of such vehicle, or to make any changes in or about | 1839 |
existing structures now crossing streets, roads, and other public | 1840 |
thoroughfares in this state. | 1841 |
Section 2. That existing sections 2935.36, 2951.041, | 1844 |
4506.01, 4506.05, 4506.07, 4506.10, 4506.101, 4506.12, 4506.13, | 1845 |
4506.14, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21, 4510.03, | 1846 |
4510.036, 4513.37, and 5577.05 of the Revised Code are hereby | 1847 |
repealed.
| 1848 |