Section 1. That sections 2935.36, 2951.041, 4506.01, | 15 |
4506.05, 4506.07, 4506.09, 4506.10, 4506.101, 4506.12, 4506.13, | 16 |
4506.14, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21, 4510.03, | 17 |
4510.036, 4513.37, and 5577.05 be amended and section 4506.131 of | 18 |
the Revised Code be enacted to read as follows:
| 19 |
Sec. 2935.36. (A) The prosecuting attorney may establish | 20 |
pre-trial diversion programs for adults who are accused of | 21 |
committing criminal offenses and whom the prosecuting attorney | 22 |
believes probably will not offend again. The prosecuting attorney | 23 |
may require, as a condition of an accused's participation in the | 24 |
program, the accused to pay a reasonable fee for supervision | 25 |
services that include, but are not limited to, monitoring and drug | 26 |
testing. The programs shall be operated pursuant to written | 27 |
standards approved by journal entry by the presiding judge or, in | 28 |
courts with only one judge, the judge of the court of common pleas | 29 |
and shall not be applicable to any of the following: | 30 |
(2) Persons accused of an offense of violence, of a violation | 32 |
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31, | 33 |
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02, | 34 |
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a | 35 |
violation of section 2905.01, 2905.02, or 2919.23 of the Revised | 36 |
Code that, had it occurred prior to July 1, 1996, would have been | 37 |
a violation of section 2905.04 of the Revised Code as it existed | 38 |
prior to that date, with the exception that the prosecuting | 39 |
attorney may permit persons accused of any such offense to enter a | 40 |
pre-trial diversion program, if the prosecuting attorney finds any | 41 |
of the following: | 42 |
(1) Waive, in writing and contingent upon the accused's | 70 |
successful completion of the program, the accused's right to a | 71 |
speedy trial, the preliminary hearing, the time period within | 72 |
which the grand jury may consider an indictment against the | 73 |
accused, and arraignment, unless the hearing, indictment, or | 74 |
arraignment has already occurred; | 75 |
(C) The trial court, upon the application of the prosecuting | 83 |
attorney, shall order the release from confinement of any accused | 84 |
who has agreed to enter a pre-trial diversion program and shall | 85 |
discharge and release any existing bail and release any sureties | 86 |
on recognizances and shall release the accused on a recognizance | 87 |
bond conditioned upon the accused's compliance with the terms of | 88 |
the diversion program. The prosecuting attorney shall notify every | 89 |
victim of the crime and the arresting officers of the prosecuting | 90 |
attorney's intent to permit the accused to enter a pre-trial | 91 |
diversion program. The victim of the crime and the arresting | 92 |
officers shall have the opportunity to file written objections | 93 |
with the prosecuting attorney prior to the commencement of the | 94 |
pre-trial diversion program. | 95 |
(D) If the accused satisfactorily completes the diversion | 96 |
program, the prosecuting attorney shall recommend to the trial | 97 |
court that the charges against the accused be dismissed, and the | 98 |
court, upon the recommendation of the prosecuting attorney, shall | 99 |
dismiss the charges. If the accused chooses not to enter the | 100 |
prosecuting attorney's diversion program, or if the accused | 101 |
violates the conditions of the agreement pursuant to which the | 102 |
accused has been released, the accused may be brought to trial | 103 |
upon the charges in the manner provided by law, and the waiver | 104 |
executed pursuant to division (B)(1) of this section shall be void | 105 |
on the date the accused is removed from the program for the | 106 |
violation. | 107 |
Sec. 2951.041. (A)(1) If an offender is charged with a | 146 |
criminal offense, including but not limited to a violation of | 147 |
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of | 148 |
the Revised Code, and the court has reason to believe that drug or | 149 |
alcohol usage by the offender was a factor leading to the criminal | 150 |
offense with which the offender is charged or that, at the time of | 151 |
committing that offense, the offender had a mental illness or was | 152 |
a person with intellectual disability and that the mental illness | 153 |
or status as a person with intellectual disability was a factor | 154 |
leading to the offender's criminal behavior, the court may accept, | 155 |
prior to the entry of a guilty plea, the offender's request for | 156 |
intervention in lieu of conviction. The request shall include a | 157 |
statement from the offender as to whether the offender is alleging | 158 |
that drug or alcohol usage by the offender was a factor leading to | 159 |
the criminal offense with which the offender is charged or is | 160 |
alleging that, at the time of committing that offense, the | 161 |
offender had a mental illness or was a person with intellectual | 162 |
disability and that the mental illness or status as a person with | 163 |
intellectual disability was a factor leading to the criminal | 164 |
offense with which the offender is charged. The request also shall | 165 |
include a waiver of the defendant's right to a speedy trial, the | 166 |
preliminary hearing, the time period within which the grand jury | 167 |
may consider an indictment against the offender, and arraignment, | 168 |
unless the hearing, indictment, or arraignment has already | 169 |
occurred. The court may reject an offender's request without a | 170 |
hearing. If the court elects to consider an offender's request, | 171 |
the court shall conduct a hearing to determine whether the | 172 |
offender is eligible under this section for intervention in lieu | 173 |
of conviction and shall stay all criminal proceedings pending the | 174 |
outcome of the hearing. If the court schedules a hearing, the | 175 |
court shall order an assessment of the offender for the purpose of | 176 |
determining the offender's eligibility for intervention in lieu of | 177 |
conviction and recommending an appropriate intervention plan. | 178 |
If the offender alleges that drug or alcohol usage by the | 179 |
offender was a factor leading to the criminal offense with which | 180 |
the offender is charged, the court may order that the offender be | 181 |
assessed by a program certified pursuant to section 3793.06 of the | 182 |
Revised Code or a properly credentialed professional for the | 183 |
purpose of determining the offender's eligibility for intervention | 184 |
in lieu of conviction and recommending an appropriate intervention | 185 |
plan. The program or the properly credentialed professional shall | 186 |
provide a written assessment of the offender to the court. | 187 |
(1) The offender previously has not been convicted of or | 193 |
pleaded guilty to a felony offense of violence or previously has | 194 |
been convicted of or pleaded guilty to any felony that is not an | 195 |
offense of violence and the prosecuting attorney recommends that | 196 |
the offender be found eligible for participation in intervention | 197 |
in lieu of treatment under this section, previously has not been | 198 |
through intervention in lieu of conviction under this section or | 199 |
any similar regimen, and is charged with a felony for which the | 200 |
court, upon conviction, would impose sentence under division | 201 |
(B)(2)(3)(b) of section 2929.13 of the Revised Code or with a | 202 |
misdemeanor. | 203 |
(2) The offense is not a felony of the first, second, or | 204 |
third degree, is not an offense of violence, is not a violation of | 205 |
division (A)(1) or (2) of section 2903.06 of the Revised Code, is | 206 |
not a violation of division (A)(1) of section 2903.08 of the | 207 |
Revised Code, is not a violation of division (A) of section | 208 |
4511.19 of the Revised Code or a municipal ordinance that is | 209 |
substantially similar to that division, and is not an offense for | 210 |
which a sentencing court is required to impose a mandatory prison | 211 |
term, a mandatory term of local incarceration, or a mandatory term | 212 |
of imprisonment in a jail. | 213 |
(3) The offender is not charged with a violation of section | 214 |
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged | 215 |
with a violation of section 2925.03 of the Revised Code that is a | 216 |
felony of the first, second, third, or fourth degree, and is not | 217 |
charged with a violation of section 2925.11 of the Revised Code | 218 |
that is a felony of the first, second, or third degree. | 219 |
(4) If an offender alleges that drug or alcohol usage by the | 220 |
offender was a factor leading to the criminal offense with which | 221 |
the offender is charged, the court has ordered that the offender | 222 |
be assessed by a program certified pursuant to section 3793.06 of | 223 |
the Revised Code or a properly credentialed professional for the | 224 |
purpose of determining the offender's eligibility for intervention | 225 |
in lieu of conviction and recommending an appropriate intervention | 226 |
plan, the offender has been assessed by a program of that nature | 227 |
or a properly credentialed professional in accordance with the | 228 |
court's order, and the program or properly credentialed | 229 |
professional has filed the written assessment of the offender with | 230 |
the court. | 231 |
(5) If an offender alleges that, at the time of committing | 232 |
the criminal offense with which the offender is charged, the | 233 |
offender had a mental illness or was a person with intellectual | 234 |
disability and that the mental illness or status as a person with | 235 |
intellectual disability was a factor leading to that offense, the | 236 |
offender has been assessed by a psychiatrist, psychologist, | 237 |
independent social worker, or professional clinical counselor for | 238 |
the purpose of determining the offender's eligibility for | 239 |
intervention in lieu of conviction and recommending an appropriate | 240 |
intervention plan. | 241 |
(6) The offender's drug usage, alcohol usage, mental illness, | 242 |
or intellectual disability, whichever is applicable, was a factor | 243 |
leading to the criminal offense with which the offender is | 244 |
charged, intervention in lieu of conviction would not demean the | 245 |
seriousness of the offense, and intervention would substantially | 246 |
reduce the likelihood of any future criminal activity. | 247 |
(C) At the conclusion of a hearing held pursuant to division | 264 |
(A) of this section, the court shall enter its determination as to | 265 |
whether the offender is eligible for intervention in lieu of | 266 |
conviction and as to whether to grant the offender's request. If | 267 |
the court finds under division (B) of this section that the | 268 |
offender is eligible for intervention in lieu of conviction and | 269 |
grants the offender's request, the court shall accept the | 270 |
offender's plea of guilty and waiver of the defendant's right to a | 271 |
speedy trial, the preliminary hearing, the time period within | 272 |
which the grand jury may consider an indictment against the | 273 |
offender, and arraignment, unless the hearing, indictment, or | 274 |
arraignment has already occurred. In addition, the court then may | 275 |
stay all criminal proceedings and order the offender to comply | 276 |
with all terms and conditions imposed by the court pursuant to | 277 |
division (D) of this section. If the court finds that the offender | 278 |
is not eligible or does not grant the offender's request, the | 279 |
criminal proceedings against the offender shall proceed as if the | 280 |
offender's request for intervention in lieu of conviction had not | 281 |
been made. | 282 |
(D) If the court grants an offender's request for | 283 |
intervention in lieu of conviction, the court shall place the | 284 |
offender under the general control and supervision of the county | 285 |
probation department, the adult parole authority, or another | 286 |
appropriate local probation or court services agency, if one | 287 |
exists, as if the offender was subject to a community control | 288 |
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the | 289 |
Revised Code. The court shall establish an intervention plan for | 290 |
the offender. The terms and conditions of the intervention plan | 291 |
shall require the offender, for at least one year from the date on | 292 |
which the court grants the order of intervention in lieu of | 293 |
conviction, to abstain from the use of illegal drugs and alcohol, | 294 |
to participate in treatment and recovery support services, and to | 295 |
submit to regular random testing for drug and alcohol use and may | 296 |
include any other treatment terms and conditions, or terms and | 297 |
conditions similar to community control sanctions, which may | 298 |
include community service or restitution, that are ordered by the | 299 |
court. | 300 |
(E) If the court grants an offender's request for | 301 |
intervention in lieu of conviction and the court finds that the | 302 |
offender has successfully completed the intervention plan for the | 303 |
offender, including the requirement that the offender abstain from | 304 |
using illegal drugs and alcohol for a period of at least one year | 305 |
from the date on which the court granted the order of intervention | 306 |
in lieu of conviction, the requirement that the offender | 307 |
participate in treatment and recovery support services, and all | 308 |
other terms and conditions ordered by the court, the court shall | 309 |
dismiss the proceedings against the offender. Successful | 310 |
completion of the intervention plan and period of abstinence under | 311 |
this section shall be without adjudication of guilt and is not a | 312 |
criminal conviction for purposes of any disqualification or | 313 |
disability imposed by law and upon conviction of a crime, and the | 314 |
court may order the sealing of records related to the offense in | 315 |
question in the manner provided in sections 2953.31 to 2953.36 of | 316 |
the Revised Code. | 317 |
(F) If the court grants an offender's request for | 318 |
intervention in lieu of conviction and the offender fails to | 319 |
comply with any term or condition imposed as part of the | 320 |
intervention plan for the offender, the supervising authority for | 321 |
the offender promptly shall advise the court of this failure, and | 322 |
the court shall hold a hearing to determine whether the offender | 323 |
failed to comply with any term or condition imposed as part of the | 324 |
plan. If the court determines that the offender has failed to | 325 |
comply with any of those terms and conditions, it shall enter a | 326 |
finding of guilty and shall impose an appropriate sanction under | 327 |
Chapter 2929. of the Revised Code. If the court sentences the | 328 |
offender to a prison term, the court, after consulting with the | 329 |
department of rehabilitation and correction regarding the | 330 |
availability of services, may order continued court-supervised | 331 |
activity and treatment of the offender during the prison term and, | 332 |
upon consideration of reports received from the department | 333 |
concerning the offender's progress in the program of activity and | 334 |
treatment, may consider judicial release under section 2929.20 of | 335 |
the Revised Code. | 336 |
(F) "Conviction" means an unvacated adjudication of guilt or | 404 |
a determination that a person has violated or failed to comply | 405 |
with the law in a court of original jurisdiction or an authorized | 406 |
administrative tribunal, an unvacated forfeiture of bail or | 407 |
collateral deposited to secure the person's appearance in court, a | 408 |
plea of guilty or nolo contendere accepted by the court, the | 409 |
payment of a fine or court cost, or violation of a condition of | 410 |
release without bail, regardless of whether or not the penalty is | 411 |
rebated, suspended, or probated. | 412 |
(O)(Q) "Farm truck" means a truck controlled and operated by | 455 |
a farmer for use in the transportation to or from a farm, for a | 456 |
distance of not more than one hundred fifty miles, of products of | 457 |
the farm, including livestock and its products, poultry and its | 458 |
products, floricultural and horticultural products, and in the | 459 |
transportation to the farm, from a distance of not more than one | 460 |
hundred fifty miles, of supplies for the farm, including tile, | 461 |
fence, and every other thing or commodity used in agricultural, | 462 |
floricultural, horticultural, livestock, and poultry production, | 463 |
and livestock, poultry, and other animals and things used for | 464 |
breeding, feeding, or other purposes connected with the operation | 465 |
of the farm, when the truck is operated in accordance with this | 466 |
division and is not used in the operations of a motor | 467 |
transportation company or private motor carrier. | 468 |
(U)(W) "Imminent hazard" means the existence of a condition | 489 |
that presents a substantial likelihood that death, serious | 490 |
illness, severe personal injury, or a substantial endangerment to | 491 |
health, property, or the environment may occur before the | 492 |
reasonably foreseeable completion date of a formal proceeding | 493 |
begun to lessen the risk of that death, illness, injury, or | 494 |
endangerment. | 495 |
(HH)(KK) "Texting" means manually entering alphanumeric text | 597 |
into, or reading text from, an electronic device. Texting includes | 598 |
short message service, e-mail, instant messaging, a command or | 599 |
request to access a world wide web page, or engaging in any other | 600 |
form of electronic text retrieval or entry, for present or future | 601 |
communication. Texting does not include the following: | 602 |
(LL) "Texting while driving" means texting while operating a | 610 |
commercial motor vehicle, with the motor running, including while | 611 |
temporarily stationary because of traffic, a traffic control | 612 |
device, or other momentary delays, but does not include operating | 613 |
a commercial motor vehicle with or without the motor running when | 614 |
the driver has moved the vehicle to the side of, or off, a highway | 615 |
and is stopped in a location where the vehicle can safely remain | 616 |
stationary. | 617 |
(ii) A person whose medical certification information is not | 656 |
maintained in the commercial driver's license information system | 657 |
is required to have in the person's possession when on duty the | 658 |
original or copy of a current medical examiner's certificate that | 659 |
was issued prior to January 30, 2012, except that after January | 660 |
30, 2014, such person is required to have in the person's | 661 |
possession when on duty, the original or a copy of the current | 662 |
medical examiner's certificate that was submitted to the | 663 |
registrar, but the person may operate a commercial motor vehicle | 664 |
with such proof of medical certification for not more than fifteen | 665 |
days after the date the current medical examiner's certificate was | 666 |
issued to the person. | 667 |
Sec. 4506.07. (A) Every application for a commercial | 673 |
driver's license, restricted commercial driver's license, or a | 674 |
commercial driver's temporary instruction permit, or a duplicate | 675 |
of such a license, shall be made upon a form approved and | 676 |
furnished by the registrar of motor vehicles. Except as provided | 677 |
in section 4506.24 of the Revised Code in regard to a restricted | 678 |
commercial driver's license, the application shall be signed by | 679 |
the applicant and shall contain the following information: | 680 |
(2) Whether the applicant previously has been licensed to | 685 |
operate a commercial motor vehicle or any other type of motor | 686 |
vehicle in another state or a foreign jurisdiction and, if so, | 687 |
when, by what state, and whether the license or driving privileges | 688 |
currently are suspended or revoked in any jurisdiction, or the | 689 |
applicant otherwise has been disqualified from operating a | 690 |
commercial motor vehicle, or is subject to an out-of-service order | 691 |
issued under this chapter or any similar law of another state or a | 692 |
foreign jurisdiction and, if so, the date of, locations involved, | 693 |
and reason for the suspension, revocation, disqualification, or | 694 |
out-of-service order; | 695 |
(3) Whether the applicant is afflicted with or suffering from | 696 |
any physical or mental disability or disease that prevents the | 697 |
applicant from exercising reasonable and ordinary control over a | 698 |
motor vehicle while operating it upon a highway or is or has been | 699 |
subject to any condition resulting in episodic impairment of | 700 |
consciousness or loss of muscular control and, if so, the nature | 701 |
and extent of the disability, disease, or condition, and the names | 702 |
and addresses of the physicians attending the applicant; | 703 |
(7) On and after May 1, 1993, whether the applicant has | 719 |
executed a valid durable power of attorney for health care | 720 |
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 721 |
executed a declaration governing the use or continuation, or the | 722 |
withholding or withdrawal, of life-sustaining treatment pursuant | 723 |
to sections 2133.01 to 2133.15 of the Revised Code and, if the | 724 |
applicant has executed either type of instrument, whether the | 725 |
applicant wishes the license issued to indicate that the applicant | 726 |
has executed the instrument; | 727 |
(8) On and after October 7, 2009, whether the applicant is a | 728 |
veteran, active duty, or reservist of the armed forces of the | 729 |
United States and, if the applicant is such, whether the applicant | 730 |
wishes the license issued to indicate that the applicant is a | 731 |
veteran, active duty, or reservist of the armed forces of the | 732 |
United States by a military designation on the license. | 733 |
(D) The registrar or a deputy registrar, in accordance with | 752 |
section 3503.11 of the Revised Code, shall register as an elector | 753 |
any applicant for a commercial driver's license or for a renewal | 754 |
or duplicate of such a license under this chapter, if the | 755 |
applicant is eligible and wishes to be registered as an elector. | 756 |
The decision of an applicant whether to register as an elector | 757 |
shall be given no consideration in the decision of whether to | 758 |
issue the applicant a license or a renewal or duplicate. | 759 |
(G) In addition to any other information it contains, on and | 772 |
after October 7, 2009, the form approved and furnished by the | 773 |
registrar of motor vehicles for an application for a commercial | 774 |
driver's license, restricted commercial driver's license, or a | 775 |
commercial driver's temporary instruction permit or an application | 776 |
for a duplicate of such a license shall inform applicants that the | 777 |
applicant must present a copy of the applicant's DD-214 or an | 778 |
equivalent document in order to qualify to have the license or | 779 |
duplicate indicate that the applicant is a veteran, active duty, | 780 |
or reservist of the armed forces of the United States based on a | 781 |
request made pursuant to division (A)(8) of this section. | 782 |
Sec. 4506.09. (A) The registrar of motor vehicles, subject | 783 |
to approval by the director of public safety, shall adopt rules | 784 |
conforming with applicable standards adopted by the federal motor | 785 |
carrier safety administration as regulations under Pub. L. No. | 786 |
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to | 787 |
31317. The rules shall establish requirements for the | 788 |
qualification and testing of persons applying for a commercial | 789 |
driver's license, which shall be in addition to other requirements | 790 |
established by this chapter. Except as provided in division (B) of | 791 |
this section, the highway patrol or any other employee of the | 792 |
department of public safety the registrar authorizes shall | 793 |
supervise and conduct the testing of persons applying for a | 794 |
commercial driver's license. | 795 |
(B) The director may adopt rules, in accordance with Chapter | 796 |
119. of the Revised Code and applicable requirements of the | 797 |
federal motor carrier safety administration, authorizing the | 798 |
skills test specified in this section to be administered by any | 799 |
person, by an agency of this or another state, or by an agency, | 800 |
department, or instrumentality of local government. Each party | 801 |
authorized under this division to administer the skills test may | 802 |
charge a maximum divisible fee of eighty-five dollars for each | 803 |
skills test given as part of a commercial driver's license | 804 |
examination. The fee shall consist of not more than twenty dollars | 805 |
for the pre-trip inspection portion of the test, not more than | 806 |
twenty dollars for the off-road maneuvering portion of the test, | 807 |
and not more than forty-five dollars for the on-road portion of | 808 |
the test. Each such party may require an appointment fee in the | 809 |
same manner provided in division (E)(F)(2) of this section, except | 810 |
that the maximum amount such a party may require as an appointment | 811 |
fee is eighty-five dollars. The skills test administered by | 812 |
another party under this division shall be the same as otherwise | 813 |
would be administered by this state. The other party shall enter | 814 |
into an agreement with the director that, without limitation, does | 815 |
all of the following: | 816 |
(C) The director shall enter into an agreement with the | 839 |
department of education authorizing the skills test specified in | 840 |
this section to be administered by the department at any location | 841 |
operated by the department for purposes of training and testing | 842 |
school bus drivers, provided that the agreement between the | 843 |
director and the department complies with the requirements of | 844 |
division (B) of this section. Skills tests administered by the | 845 |
department shall be limited to persons applying for a commercial | 846 |
driver's license with a school bus endorsement. | 847 |
(2) The director may require an applicant for a commercial | 928 |
driver's license who schedules an appointment with the highway | 929 |
patrol or other authorized employee of the department of public | 930 |
safety to take all portions of the skills test, to pay an | 931 |
appointment fee of fifty dollars at the time of scheduling the | 932 |
appointment. If the applicant appears at the time and location | 933 |
specified for the appointment and takes all portions of the skills | 934 |
test during that appointment, the appointment fee shall serve as | 935 |
the skills test fee. If the applicant schedules an appointment to | 936 |
take all portions of the skills test and fails to appear at the | 937 |
time and location specified for the appointment, no portion of the | 938 |
appointment fee shall be refunded. If the applicant schedules an | 939 |
appointment to take all portions of the skills test and appears at | 940 |
the time and location specified for the appointment, but declines | 941 |
or is unable to take all portions of the skills test, no portion | 942 |
of the appointment fee shall be refunded. If the applicant cancels | 943 |
a scheduled appointment forty-eight hours or more prior to the | 944 |
time of the appointment time, the applicant shall not forfeit the | 945 |
appointment fee. | 946 |
An applicant for a commercial driver's license who schedules | 947 |
an appointment to take one or more, but not all, portions of the | 948 |
skills test shall be required to pay an appointment fee equal to | 949 |
the costs of each test scheduled, as prescribed in division | 950 |
(E)(F)(1) of this section, when scheduling such an appointment. If | 951 |
the applicant appears at the time and location specified for the | 952 |
appointment and takes all the portions of the skills test during | 953 |
that appointment that the applicant was scheduled to take, the | 954 |
appointment fee shall serve as the skills test fee. If the | 955 |
applicant schedules an appointment to take one or more, but not | 956 |
all, portions of the skills test and fails to appear at the time | 957 |
and location specified for the appointment, no portion of the | 958 |
appointment fee shall be refunded. If the applicant schedules an | 959 |
appointment to take one or more, but not all, portions of the | 960 |
skills test and appears at the time and location specified for the | 961 |
appointment, but declines or is unable to take all portions of the | 962 |
skills test that the applicant was scheduled to take, no portion | 963 |
of the appointment fee shall be refunded. If the applicant cancels | 964 |
a scheduled appointment forty-eight hours or more prior to the | 965 |
time of the appointment time, the applicant shall not forfeit the | 966 |
appointment fee. | 967 |
(1) Prior to January 30, 2012, each person who drives or | 980 |
expects to drive a commercial motor vehicle in interstate or | 981 |
foreign commerce or is otherwise subject to 49 C.F.R. 391, et | 982 |
seq., as amended, shall certify to the registrar of motor vehicles | 983 |
at the time of application for a commercial driver's license that | 984 |
the person is in compliance with these standards. Any person who | 985 |
is not subject to 49 C.F.R. 391, et seq., as amended, also shall | 986 |
certify at the time of application that the person is not subject | 987 |
to these standards. | 988 |
(a)(i) If the applicant operates or expects to operate a | 995 |
commercial motor vehicle in interstate or foreign commerce and is | 996 |
subject to and meets the requirements under 49 C.F.R. part 391, | 997 |
the applicant shall self-certify that the applicant is | 998 |
non-excepted interstate and shall provide the registrar with the | 999 |
original or a copy of a medical examiner's certificate and each | 1000 |
subsequently issued medical examiner's certificate prepared by a | 1001 |
qualified medical examiner to maintain a medically certified | 1002 |
status on the applicant's commercial driver licensing system | 1003 |
driver record; | 1004 |
(ii) If the applicant operates or expects to operate a | 1005 |
commercial motor vehicle in interstate commerce, but engages in | 1006 |
transportation or operations excepted under 49 C.F.R. 390.3(f), | 1007 |
391.2, 391.68, or 398.3 from all or parts of the qualification | 1008 |
requirements of 49 C.F.R. part 391, the applicant shall | 1009 |
self-certify that the applicant is excepted interstate and is not | 1010 |
required to obtain a medical examiner's certificate; | 1011 |
(D) Whenever good cause appears, the registrar, upon issuing | 1052 |
a commercial driver's license under this chapter, may impose | 1053 |
restrictions suitable to the licensee's driving ability with | 1054 |
respect to the type of motor vehicle or special mechanical control | 1055 |
devices required on a motor vehicle that the licensee may operate, | 1056 |
or such other restrictions applicable to the licensee as the | 1057 |
registrar determines to be necessary. | 1058 |
The registrar, upon receiving satisfactory evidence that an | 1066 |
applicant or holder of a commercial driver's license has violated | 1067 |
division (A)(4) of section 4506.04 of the Revised Code and | 1068 |
knowingly given false information in any application or | 1069 |
certification required by section 4506.07 of the Revised Code, | 1070 |
shall cancel the commercial driver's license of the person or any | 1071 |
pending application from the person for a commercial driver's | 1072 |
license or class D driver's license for a period of at least sixty | 1073 |
days, during which time no application for a commercial driver's | 1074 |
license or class D driver's license shall be received from the | 1075 |
person. | 1076 |
Sec. 4506.12. (A) Commercial drivers'driver's licenses | 1085 |
shall be issued in the following classes and shall include any | 1086 |
endorsements and restrictions that are applicable. Subject to any | 1087 |
such endorsements and restrictions, the holder of a valid | 1088 |
commercial driver's license may drive all commercial motor | 1089 |
vehicles in the class for which that license is issued and all | 1090 |
lesser classes of vehicles, except that the holder shall not | 1091 |
operate a motorcycle unless the holder is licensed to do so under | 1092 |
Chapter 4507. of the Revised Code. | 1093 |
(3) Class C--any single vehicle, or combination of vehicles, | 1105 |
that is not a class A or class B vehicle, but that is designed to | 1106 |
transport sixteen or more passengers, including the driver, or is | 1107 |
transporting hazardous materials in an amount requiring | 1108 |
placarding, or any school bus with a gross vehicle weight rating | 1109 |
of less than twenty-six thousand one pounds that is designed to | 1110 |
transport fewer than sixteen passengers including the driver. | 1111 |
(B)(1) Before issuing, renewing, transferring, or upgrading a | 1174 |
commercial driver's license, the registrar of motor vehicles shall | 1175 |
obtain information about the applicant's driving record through | 1176 |
the commercial driverdriver's license information system, the | 1177 |
applicant's state of licensure, and when available, and the | 1178 |
national driver register. IfIn addition, beginning January 30, | 1179 |
2012, before issuing, renewing, transferring, or upgrading a | 1180 |
commercial driver's license the registrar shall check the | 1181 |
applicant's driver record to ensure that an applicant who | 1182 |
self-certified under division (A)(2)(a)(i) of section 4506.10 of | 1183 |
the Revised Code that the applicant's operation of a commercial | 1184 |
motor vehicle is non-excepted interstate, is medically certified. | 1185 |
(C)(1) Within ten days after issuing a commercial driver's | 1201 |
license, the registrar shall notify the commercial driverdriver's | 1202 |
license information system, when available, of that fact and shall | 1203 |
provide all information required to ensure identification of the | 1204 |
licensee. If the registrar is notified that driver has been issued | 1205 |
a medical variance, the registrar shall indicate the existence of | 1206 |
the medical variance on the commercial driver's license holder's | 1207 |
commercial driver's license information system driver record. | 1208 |
(6) Beginning on January 30, 2012, within ten days after a | 1254 |
commercial driver's license holder's medical certification status | 1255 |
expires or a medical variance expires or is rescinded, the | 1256 |
registrar shall update the person's medical certification status | 1257 |
to non-certified. Within ten calendar days after receiving | 1258 |
information from the federal motor carrier safety administration | 1259 |
regarding issuance or renewal of a medical variance for a driver, | 1260 |
the registrar shall update the driver's commercial driver's | 1261 |
license information system driver record to include the medical | 1262 |
variance information provided by the federal motor carrier safety | 1263 |
administration. | 1264 |
(1) Send notice to the commercial driver's license holder of | 1269 |
the holder's medically not certified status. The notice shall | 1270 |
inform the driver that the driver's commercial driver's license | 1271 |
privileges will be removed unless the driver resolves the medical | 1272 |
certification or medical variance defect by submitting a current | 1273 |
medical certificate or medical variance, as applicable, or | 1274 |
changing the driver's self-certification under division (A)(2) of | 1275 |
section 4506.10 of the Revised Code to driving only in excepted | 1276 |
interstate or excepted intrastate commerce within sixty days. | 1277 |
(2) Sixty days after the change to a medically not certified | 1278 |
status, if the commercial driver's license holder has not resolved | 1279 |
the medical certification or medical variance defect as described | 1280 |
in division (D)(1) of this section, the registrar shall change the | 1281 |
person's commercial driver's license status to reflect no | 1282 |
commercial driver's license privileges and shall send the person a | 1283 |
second notice informing the person that the commercial driver's | 1284 |
license privilege has been removed from the driver's license and | 1285 |
that, unless the driver resolves the medical certification or | 1286 |
medical variance defect by submitting a current medical | 1287 |
certificate or medical variance, as applicable, or changing the | 1288 |
driver's self-certification under division (A)(2) of section | 1289 |
4506.10 of the Revised Code to driving only in excepted interstate | 1290 |
or excepted intrastate commerce within one hundred eighty days, | 1291 |
the person's commercial driver's license will be downgraded to a | 1292 |
noncommercial driver's license class of license. | 1293 |
Sec. 4506.131. (A) The registrar of motor vehicles shall not | 1294 |
issue, renew, upgrade, or transfer a hazardous materials | 1295 |
endorsement for a commercial driver's license to any individual | 1296 |
authorizing that individual to operate a commercial motor vehicle | 1297 |
transporting a hazardous material in commerce unless the registrar | 1298 |
has received from the transportation security administration a | 1299 |
determination indicating that the individual does not pose a | 1300 |
security risk warranting denial of the endorsement. | 1301 |
(C) The registrar shall order any revocation under division | 1313 |
(B) of this section without a hearing. Any person adversely | 1314 |
affected by the order may request an administrative hearing before | 1315 |
the registrar. The scope of the hearing shall be limited to | 1316 |
whether the bureau of motor vehicles properly revoked the | 1317 |
hazardous material endorsement after receiving notification from | 1318 |
the transportation security administration and shall not include | 1319 |
consideration of whether the transportation security | 1320 |
administration acted properly in sending the notification. | 1321 |
(2) Except as provided in division (A)(3) or (4) of this | 1330 |
section, each such license issued as an original license to a | 1331 |
person whose residence is in this state shall expire on the | 1332 |
licensee's birthday in the fourth year after the date of issuance, | 1333 |
and each such license issued to a person whose temporary residence | 1334 |
is in this state shall expire in accordance with rules adopted by | 1335 |
the registrar of motor vehicles. A license issued to a person with | 1336 |
a temporary residence in this state is nonrenewable, but may be | 1337 |
replaced with a new license within ninety days prior to its | 1338 |
expiration upon the applicant's compliance with all applicable | 1339 |
requirements. | 1340 |
(B) No commercial driver's license shall be issued for a | 1352 |
period longer than four years and one hundred eighty days. Except | 1353 |
as provided in section 4507.12 of the Revised Code, the registrar | 1354 |
may waive the examination of any person applying for the renewal | 1355 |
of a commercial driver's license issued under this chapter, | 1356 |
provided that the applicant presents either an unexpired | 1357 |
commercial driver's license or a commercial driver's license that | 1358 |
has expired not more than six months prior to the date of | 1359 |
application. | 1360 |
(C) Subject to the requirements of this chapter and except as | 1361 |
provided in division (A)(2) of this section in regard to a person | 1362 |
whose temporary residence is in this state, every commercial | 1363 |
driver's license shall be renewable one hundred eighty days before | 1364 |
its expiration upon payment of the fees required by section | 1365 |
4506.08 of the Revised Code. Each person applying for renewal or | 1366 |
transfer of a commercial driver's license shall complete the | 1367 |
application form prescribed by section 4506.07 of the Revised Code | 1368 |
and shall provide all certifications required. Beginning on | 1369 |
January 30, 2012, prior to applying for renewal of a commercial | 1370 |
driver's license, each applicant shall submit a new copy or | 1371 |
original medical examiner's certificate required by section | 1372 |
4506.10 of the Revised Code; if the person's medical status has | 1373 |
changed, the registrar shall take the appropriate action to | 1374 |
address the change in medical status. If the person wishes to | 1375 |
retain an endorsement authorizing the person to transport | 1376 |
hazardous materials, the person shall take and successfully | 1377 |
complete the written test for the endorsement and shall submit to | 1378 |
any background check required by federal law. | 1379 |
(B)(1) A driver is disqualified for one hundred eighty days | 1453 |
if the driver is convicted of a first violation of an | 1454 |
out-of-service order while transporting hazardous materials | 1455 |
required to be placarded under the "Hazardous Materials | 1456 |
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as | 1457 |
amended, or while operating a motor vehicle designed to transport | 1458 |
sixteen or more passengers, including the driver.
| 1459 |
(2) A driver is disqualified for a period of three years if, | 1460 |
during any ten-year period, the driver is convicted of a second or | 1461 |
subsequent violation, in an incident separate from the incident | 1462 |
that resulted in a previous violation during that ten-year period, | 1463 |
of an out-of-service order while transporting hazardous materials | 1464 |
required to be placarded under that act, or while operating a | 1465 |
motor vehicle designed to transport sixteen or more passengers, | 1466 |
including the driver.
| 1467 |
(1) Upon a first conviction for a violation of any provision | 1477 |
of divisions (A)(2) to
(9)(12) of section 4506.15 of the Revised | 1478 |
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the | 1479 |
Revised Code, or a similar law of another state or a foreign | 1480 |
jurisdiction, or upon a first suspension imposed under section | 1481 |
4511.191 of the Revised Code or a similar law of another state or | 1482 |
foreign jurisdiction, one year;
| 1483 |
(2) Upon a second conviction for a violation of any provision | 1484 |
of divisions (A)(2) to (9)(12) of section 4506.15 of the Revised | 1485 |
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the | 1486 |
Revised Code, or a similar law of another state or a foreign | 1487 |
jurisdiction, or upon a second suspension imposed under section | 1488 |
4511.191 of the Revised Code or a similar law of another state or | 1489 |
foreign jurisdiction, or any combination of such violations | 1490 |
arising from two or more separate incidents, the person shall be | 1491 |
disqualified for life or for any other period of time as | 1492 |
determined by the United States secretary of transportation and | 1493 |
designated by the director of public safety by rule;
| 1494 |
(6)(a) Upon conviction of two serious traffic violations | 1520 |
involving the operation of a vehicle other than a commercial motor | 1521 |
vehicle by the person and arising from separate incidents | 1522 |
occurring in a three-year period, the person shall be disqualified | 1523 |
for sixty days if the conviction results in the suspension, | 1524 |
cancellation, or revocation of the holder's commercial driver's | 1525 |
license or noncommercial motor vehicle driving privileges, which | 1526 |
disqualification shall be imposed consecutively to any other | 1527 |
separate disqualification imposed under division (D)(5) or (6) of | 1528 |
this section;
| 1529 |
(6)(b) Upon conviction of three serious traffic violations | 1530 |
involving the operation of a vehicle other than a commercial motor | 1531 |
vehicle by the person and arising from separate incidents | 1532 |
occurring in a three-year period, the person shall be disqualified | 1533 |
for one hundred twenty days if the conviction results in the | 1534 |
suspension, cancellation, or revocation of the holder's commercial | 1535 |
driver's license or noncommercial motor vehicle driving | 1536 |
privileges, which disqualification shall be imposed consecutively | 1537 |
to any other separate disqualification imposed under division | 1538 |
(D)(5) or (6) of this section. | 1539 |
(G) If a person commits a serious traffic violation by | 1582 |
operating a commercial motor vehicle without having a commercial | 1583 |
driver's license in the person's possession as described in | 1584 |
division (DD)(7)(GG)(3)(e) of section 4506.01 of the Revised Code | 1585 |
and the person then submits proof to either the enforcement agency | 1586 |
that issued the citation for the violation or to the court with | 1587 |
jurisdiction over the case before the date of the person's initial | 1588 |
appearance that shows that the person held a valid commercial | 1589 |
driver's license at the time of the violation, the violation shall | 1590 |
not be deemed to be a serious traffic violation.
| 1591 |
(J) The registrar immediately shall notify a driver who is | 1598 |
finally convicted of any offense described in section 4506.15 of | 1599 |
the Revised Code or division (B)(4), (5), or (6) of this section | 1600 |
and thereby is subject to disqualification, of the offense or | 1601 |
offenses involved, of the length of time for which | 1602 |
disqualification is to be imposed, and that the driver may request | 1603 |
a hearing within thirty days of the mailing of the notice to show | 1604 |
cause why the driver should not be disqualified from operating a | 1605 |
commercial motor vehicle. If a request for such a hearing is not | 1606 |
made within thirty days of the mailing of the notice, the order of | 1607 |
disqualification is final. The registrar may designate hearing | 1608 |
examiners who, after affording all parties reasonable notice, | 1609 |
shall conduct a hearing to determine whether the disqualification | 1610 |
order is supported by reliable evidence. The registrar shall adopt | 1611 |
rules to implement this division.
| 1612 |
(K) Any person who is disqualified from operating a | 1613 |
commercial motor vehicle under this section may apply to the | 1614 |
registrar for a driver's license to operate a motor vehicle other | 1615 |
than a commercial motor vehicle, provided the person's commercial | 1616 |
driver's license is not otherwise suspended. A person whose | 1617 |
commercial driver's license is suspended shall not apply to the | 1618 |
registrar for or receive a driver's license under Chapter 4507. of | 1619 |
the Revised Code during the period of suspension.
| 1620 |
Sec. 4506.161. No court shall issue an order granting limited | 1623 |
driving privileges for operation of a commercial motor vehicle to | 1624 |
any person whose driver's license or commercial driver's license | 1625 |
has been suspended or who has been disqualified from operating a | 1626 |
commercial motor vehicle. In regard to an offense involving the | 1627 |
operation of a commercial motor vehicle, no court shall modify any | 1628 |
record, or consent to the modification of any record, if the | 1629 |
resulting record would no longer reflect the operation of a | 1630 |
commercial motor vehicle by the person, unless a determination of | 1631 |
the facts indicates that that person was not operating a | 1632 |
commercial motor vehicle at the time of the offense. | 1633 |
(B) A test or tests as provided in division (A) of this | 1642 |
section may be administered at the direction of a peace officer | 1643 |
having reasonable ground to stop or detain the person and, after | 1644 |
investigating the circumstances surrounding the operation of the | 1645 |
commercial motor vehicle, also having reasonable ground to believe | 1646 |
the person was driving the commercial vehicle while having a | 1647 |
measurable or detectable amount of alcohol or of a controlled | 1648 |
substance or a metabolite of a controlled substance in the | 1649 |
person's whole blood, blood serum or plasma, breath, or urine. Any | 1650 |
such test shall be given within two hours of the time of the | 1651 |
alleged violation. | 1652 |
(C) A person requested to submit to a test under division (A) | 1653 |
of this section shall be advised by the peace officer requesting | 1654 |
the test that a refusal to submit to the test will result in the | 1655 |
person immediately being placed out-of-service for a period of | 1656 |
twenty-four hours and being disqualified from operating a | 1657 |
commercial motor vehicle for a period of not less than one year, | 1658 |
and that the person is required to surrender the person's | 1659 |
commercial driver's license to the peace officer. | 1660 |
(D) If a person refuses to submit to a test after being | 1661 |
warned as provided in division (C) of this section or submits to a | 1662 |
test that discloses the presence of an amount of alcohol or a | 1663 |
controlled substance prohibited by divisions (A)(1) to (5) of | 1664 |
section 4506.15 of the Revised Code or a metabolite of a | 1665 |
controlled substance, an alcohol concentration of four-hundredths | 1666 |
of one per cent or more by whole blood or breath, an alcohol | 1667 |
concentration of forty-eight-thousandths of one per cent or more | 1668 |
by blood serum or blood plasma, or an alcohol concentration of | 1669 |
fifty-six-thousandths of one per cent or more by urine, the person | 1670 |
immediately shall surrender the person's commercial driver's | 1671 |
license to the peace officer. The peace officer shall forward the | 1672 |
license, together with a sworn report, to the registrar of motor | 1673 |
vehicles certifying that the test was requested pursuant to | 1674 |
division (A) of this section and that the person either refused to | 1675 |
submit to testing or submitted to a test that disclosed the | 1676 |
presence of a controlled substance or a metabolite of a controlled | 1677 |
substance or a prohibited alcohol concentrationone of the | 1678 |
prohibited concentrations of a substance listed in divisions | 1679 |
(A)(1) to (5) of section 4506.15 of the Revised Code or a | 1680 |
metabolite of a controlled substance. The form and contents of the | 1681 |
report required by this section shall be established by the | 1682 |
registrar by rule, but shall contain the advice to be read to the | 1683 |
driver and a statement to be signed by the driver acknowledging | 1684 |
that the driver has been read the advice and that the form was | 1685 |
shown to the driver. | 1686 |
(2) Upon an incident of refusal or of a prohibited | 1694 |
concentration of alcohol, a controlled substance, or a metabolite | 1695 |
of a controlled substance after one or more previous incidents of | 1696 |
either refusal or of a prohibited concentration of alcohol, a | 1697 |
controlled substance, or a metabolite of a controlled substance, | 1698 |
the person shall be disqualified for life or such lesser period as | 1699 |
prescribed by rule by the registrar. | 1700 |
(F) A test of a person's whole blood or a person's blood | 1701 |
serum or plasma given under this section shall comply with the | 1702 |
applicable provisions of division (D) of section 4511.19 of the | 1703 |
Revised Code and any physician, registered nurse, emergency | 1704 |
medical technician-intermediate, emergency medical | 1705 |
technician-paramedic, or qualified technician, chemist, or | 1706 |
phlebotomist who withdraws whole blood or blood serum or plasma | 1707 |
from a person under this section, and any hospital, first-aid | 1708 |
station, clinic, or other facility at which whole blood or blood | 1709 |
serum or plasma is withdrawn from a person pursuant to this | 1710 |
section, is immune from criminal liability, and from civil | 1711 |
liability that is based upon a claim of assault and battery or | 1712 |
based upon any other claim of malpractice, for any act performed | 1713 |
in withdrawing whole blood or blood serum or plasma from the | 1714 |
person. The immunity provided in this division also extends to an | 1715 |
emergency medical service organization that employs an emergency | 1716 |
medical technician-intermediate or emergency medical | 1717 |
technician-paramedic who withdraws blood under this section. | 1718 |
(G) When a person submits to a test under this section, the | 1719 |
results of the test, at the person's request, shall be made | 1720 |
available to the person, the person's attorney, or the person's | 1721 |
agent, immediately upon completion of the chemical test analysis. | 1722 |
The person also may have an additional test administered by a | 1723 |
physician, a registered nurse, or a qualified technician, chemist, | 1724 |
or phlebotomist of the person's own choosing as provided in | 1725 |
division (D) of section 4511.19 of the Revised Code for tests | 1726 |
administered under that section, and the failure to obtain such a | 1727 |
test has the same effect as in that division. | 1728 |
(J)(1) Except for civil actions arising out of the operation | 1737 |
of a motor vehicle and civil actions in which the state is a | 1738 |
plaintiff, no peace officer of any law enforcement agency within | 1739 |
this state is liable in compensatory damages in any civil action | 1740 |
that arises under the Revised Code or common law of this state for | 1741 |
an injury, death, or loss to person or property caused in the | 1742 |
performance of official duties under this section and rules | 1743 |
adopted under this section, unless the officer's actions were | 1744 |
manifestly outside the scope of the officer's employment or | 1745 |
official responsibilities, or unless the officer acted with | 1746 |
malicious purpose, in bad faith, or in a wanton or reckless | 1747 |
manner. | 1748 |
(2) Except for civil actions that arise out of the operation | 1749 |
of a motor vehicle and civil actions in which the state is a | 1750 |
plaintiff, no peace officer of any law enforcement agency within | 1751 |
this state is liable in punitive or exemplary damages in any civil | 1752 |
action that arises under the Revised Code or common law of this | 1753 |
state for any injury, death, or loss to person or property caused | 1754 |
in the performance of official duties under this section of the | 1755 |
Revised Code and rules adopted under this section, unless the | 1756 |
officer's actions were manifestly outside the scope of the | 1757 |
officer's employment or official responsibilities, or unless the | 1758 |
officer acted with malicious purpose, in bad faith, or in a wanton | 1759 |
or reckless manner. | 1760 |
(L) The registrar immediately shall notify a driver who is | 1764 |
subject to disqualification of the disqualification, of the length | 1765 |
of the disqualification, and that the driver may request a hearing | 1766 |
within thirty days of the mailing of the notice to show cause why | 1767 |
the driver should not be disqualified from operating a commercial | 1768 |
motor vehicle. If a request for such a hearing is not made within | 1769 |
thirty days of the mailing of the notice, the order of | 1770 |
disqualification is final. The registrar may designate hearing | 1771 |
examiners who, after affording all parties reasonable notice, | 1772 |
shall conduct a hearing to determine whether the disqualification | 1773 |
order is supported by reliable evidence. The registrar shall adopt | 1774 |
rules to implement this division. | 1775 |
(M) Any person who is disqualified from operating a | 1776 |
commercial motor vehicle under this section may apply to the | 1777 |
registrar for a driver's license to operate a motor vehicle other | 1778 |
than a commercial motor vehicle, provided the person's commercial | 1779 |
driver's license is not otherwise suspended. A person whose | 1780 |
commercial driver's license is suspended shall not apply to the | 1781 |
registrar for or receive a driver's license under Chapter 4507. of | 1782 |
the Revised Code during the period of suspension. | 1783 |
Sec. 4506.21. Within ten days after receiving a report of | 1790 |
the conviction of any nonresident holder of a commercial driver's | 1791 |
license for a violation of a state law or local ordinance or | 1792 |
resolution relating to traffic control, other than parking | 1793 |
violations, committed in a commercial motor vehicle, the registrar | 1794 |
of motor vehicles shall notify the driver licensing authority in | 1795 |
the statejurisdiction in which the person resides and the driver | 1796 |
licensing authority that issued the nonresident's commercial | 1797 |
driver's license of the conviction, if different from the state of | 1798 |
residence.
| 1799 |
Sec. 4510.03. (A) Every county court judge, mayor of a | 1800 |
mayor's court, and clerk of a court of record shall keep a full | 1801 |
record of every case in which a person is charged with any | 1802 |
violation of any provision of sections 4511.01 to 4511.771 or | 1803 |
4513.01 to 4513.36 of the Revised Code or of any other law or | 1804 |
ordinance regulating the operation of vehicles, streetcars, and | 1805 |
trackless trolleys on highways or streets.
| 1806 |
(B) If a person is convicted of or forfeits bail in relation | 1807 |
to a violation of any section listed in division (A) of this | 1808 |
section or a violation of any other law or ordinance regulating | 1809 |
the operation of vehicles, streetcars, and trackless trolleys on | 1810 |
highways or streets, the county court judge, mayor of a mayor's | 1811 |
court, or clerk, within tenseven days after the conviction or | 1812 |
bail forfeiture, shall prepare and immediately forward to the | 1813 |
bureau of motor vehicles an abstract, certified by the preparer to | 1814 |
be true and correct, of the court record covering the case in | 1815 |
which the person was convicted or forfeited bail. Every court of | 1816 |
record also shall forward to the bureau of motor vehicles an | 1817 |
abstract of the court record as described in division (C) of this | 1818 |
section upon the conviction of any person of aggravated vehicular | 1819 |
homicide or vehicular homicide or of a felony in the commission of | 1820 |
which a vehicle was used.
| 1821 |
(C) Each abstract required by this section shall be made upon | 1822 |
a form approved and furnished by the bureau and shall include the | 1823 |
name and address of the person charged, the number of the person's | 1824 |
driver's or commercial driver's license, probationary driver's | 1825 |
license, or temporary instruction permit, the registration number | 1826 |
of the vehicle involved, the nature of the offense, the date of | 1827 |
the offense, the date of hearing, the plea, the judgment, or | 1828 |
whether bail was forfeited, and the amount of the fine or | 1829 |
forfeiture.
| 1830 |
Sec. 4510.036. (A) The bureau of motor vehicles shall record | 1831 |
within ten days, after receipt,of conviction or bail forteiture | 1832 |
and shall keep at its main office, all abstracts received under | 1833 |
this section or section 4510.03, 4510.031, 4510.032, or 4510.034 | 1834 |
of the Revised Code and shall maintain records of convictions and | 1835 |
bond forfeitures for any violation of a state law or a municipal | 1836 |
ordinance regulating the operation of vehicles, streetcars, and | 1837 |
trackless trolleys on highways and streets, except a violation | 1838 |
related to parking a motor vehicle. | 1839 |
(B) Every court of record or mayor's court before which a | 1840 |
person is charged with a violation for which points are chargeable | 1841 |
by this section shall assess and transcribe to the abstract of | 1842 |
conviction that is furnished by the bureau to the court the number | 1843 |
of points chargeable by this section in the correct space assigned | 1844 |
on the reporting form. A United States district court that has | 1845 |
jurisdiction within this state and before which a person is | 1846 |
charged with a violation for which points are chargeable by this | 1847 |
section may assess and transcribe to the abstract of conviction | 1848 |
report that is furnished by the bureau the number of points | 1849 |
chargeable by this section in the correct space assigned on the | 1850 |
reporting form. If the federal court so assesses and transcribes | 1851 |
the points chargeable for the offense and furnishes the report to | 1852 |
the bureau, the bureau shall record the points in the same manner | 1853 |
as those assessed and transcribed by a court of record or mayor's | 1854 |
court. | 1855 |
(6) A violation of section 4510.14 of the Revised Code, or | 1876 |
any ordinance prohibiting the operation of a motor vehicle upon | 1877 |
the public roads or highways within this state while the driver's | 1878 |
or commercial driver's license of the person is under suspension | 1879 |
and the suspension was imposed under section 4511.19, 4511.191, or | 1880 |
4511.196 of the Revised Code or section 4510.07 of the Revised | 1881 |
Code due to a conviction for a violation of a municipal OVI | 1882 |
ordinance or any ordinance prohibiting the operation of a motor | 1883 |
vehicle while the driver's or commercial driver's license is under | 1884 |
suspension for an OVI offense .......... 6 points | 1885 |
(7) A violation of division (A) of section 4511.19 of the | 1886 |
Revised Code, any ordinance prohibiting the operation of a vehicle | 1887 |
while under the influence of alcohol, a drug of abuse, or a | 1888 |
combination of them, or any ordinance substantially equivalent to | 1889 |
division (A) of section 4511.19 of the Revised Code prohibiting | 1890 |
the operation of a vehicle with a prohibited concentration of | 1891 |
alcohol, a controlled substance, or a metabolite of a controlled | 1892 |
substance in the whole blood, blood serum or plasma, breath, or | 1893 |
urine .......... 6 points | 1894 |
(E) If a person is convicted of or forfeits bail for two or | 1938 |
more offenses arising out of the same facts and points are | 1939 |
chargeable for each of the offenses, points shall be charged for | 1940 |
only the conviction or bond forfeiture for which the greater | 1941 |
number of points is chargeable, and, if the number of points | 1942 |
chargeable for each offense is equal, only one offense shall be | 1943 |
recorded, and points shall be charged only for that offense. | 1944 |
Sec. 4513.37. Every county court judge, mayor, and clerk of | 1945 |
a court of record shall keep a full record of every case in which | 1946 |
a person is charged with any violation of sections 4511.01 to | 1947 |
4511.78, section 4511.99, and sections 4513.01 to 4513.37 of the | 1948 |
Revised Code, or of any other law or ordinance regulating the | 1949 |
operation of vehicles, streetcars, and trackless trolleys on | 1950 |
highways.
| 1951 |
Within tenseven days after the conviction or forfeiture of | 1952 |
bail of a person upon a charge of violating any of such sections | 1953 |
or other law or ordinance regulating the operation of vehicles, | 1954 |
streetcars, and trackless trolleys on highways, said judge, mayor, | 1955 |
or clerk shall prepare and immediately forward to the department | 1956 |
of public safety an abstract of the court record covering the case | 1957 |
in which said person was convicted foror forfeited bail, which | 1958 |
abstract must be certified by the person required to prepare the | 1959 |
same to be true and correct.
| 1960 |
SaidThe abstract shall be made upon a form approved and | 1961 |
furnished by the department and shall include the name and address | 1962 |
of the party charged, the number of histhe party's driver's or | 1963 |
commercial driver's license, the registration number of the | 1964 |
vehicle involved, the nature of the offense, the date of hearing, | 1965 |
the plea, the judgment, or whether bail forfeited, and the amount | 1966 |
of the fine or forfeiture.
| 1967 |
(5)(a) Ninety-seven feet for drive-away saddlemount vehicle | 2018 |
transporter combinations and drive-away saddlemount with fullmount | 2019 |
vehicle transporter combinations when operated on any interstate, | 2020 |
United States route, or state route, including reasonable access | 2021 |
travel on all other roadways for a distance not to exceed one road | 2022 |
mile from any interstate, United States route, or state route, not | 2023 |
to exceed three saddlemounted vehicles, but which may include one | 2024 |
fullmount; | 2025 |
(E) An automobile transporter or boat transporter shall be | 2040 |
allowed a length of sixty-five feet and a stinger-steered | 2041 |
automobile transporter or stinger-steered boat transporter shall | 2042 |
be allowed a length of seventy-five feet, except that the load | 2043 |
thereon may extend no more than four feet beyond the rear of such | 2044 |
vehicles and may extend no more than three feet beyond the front | 2045 |
of such vehicles, and except further that the director may | 2046 |
prohibit the operation of a stinger-steered automobile | 2047 |
transporter, stinger-steered boat transporter, or a B-train | 2048 |
assembly on any state highway or portion thereofof any state | 2049 |
highway that the director designates. | 2050 |
The lengths prescribed in divisions (C)(2) to (8) of this | 2060 |
section shall not include safety devices, bumpers attached to the | 2061 |
front or rear of such bus or combination, nonproperty carrying | 2062 |
devices or components that do not extend more than twenty-four | 2063 |
inches beyond the rear of the vehicle and are needed for loading | 2064 |
or unloading, B-train assembly used between the first and second | 2065 |
semitrailer of a commercial tractor-semitrailer-semitrailer | 2066 |
combination, energy conservation devices as provided in any | 2067 |
regulations adopted by the secretary of the United States | 2068 |
department of transportation, or any noncargo-carrying | 2069 |
refrigeration equipment attached to the front of trailers and | 2070 |
semitrailers. In special cases, vehicles whose dimensions exceed | 2071 |
those prescribed by this section may operate in accordance with | 2072 |
rules adopted by the director. | 2073 |
(G) This section does not apply to fire engines, fire trucks, | 2074 |
or other vehicles or apparatus belonging to any municipal | 2075 |
corporation or to the volunteer fire department of any municipal | 2076 |
corporation or used by such department in the discharge of its | 2077 |
functions. This section does not apply to vehicles and pole | 2078 |
trailers used in the transportation of wooden and metal poles, nor | 2079 |
to the transportation of pipes or well-drilling equipment, nor to | 2080 |
farm machinery and equipment. The owner or operator of any | 2081 |
vehicle, machinery, or equipment not specifically enumerated in | 2082 |
this section but the dimensions of which exceed the dimensions | 2083 |
provided by this section, when operating the same on the highways | 2084 |
and streets of this state, shall comply with the rules of the | 2085 |
director governing such movement, whichthat the director may | 2086 |
adopt. Sections 119.01 to 119.13 of the Revised Code apply to any | 2087 |
rules the director adopts under this section, or the amendment or | 2088 |
rescission thereofof the rules, and any person adversely affected | 2089 |
shall have the same right of appeal as provided in those sections. | 2090 |
This section does not require the state, a municipal | 2091 |
corporation, county, township, or any railroad or other private | 2092 |
corporation to provide sufficient vertical clearance to permit the | 2093 |
operation of such vehicle, or to make any changes in or about | 2094 |
existing structures now crossing streets, roads, and other public | 2095 |
thoroughfares in this state. | 2096 |
Section 2. That existing sections 2935.36, 2951.041, | 2099 |
4506.01, 4506.05, 4506.07, 4506.09, 4506.10, 4506.101, 4506.12, | 2100 |
4506.13, 4506.14, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21, | 2101 |
4510.03, 4510.036, 4513.37, and 5577.05 of the Revised Code are | 2102 |
hereby repealed.
| 2103 |
Section 3. This act is hereby declared to be an emergency | 2104 |
measure necessary for the immediate preservation of the public | 2105 |
peace, health, and safety. The reason for such necessity lies in | 2106 |
the fact that money to fund state highway construction and repair | 2107 |
projects necessary for the safety and convenience of the traveling | 2108 |
public and the ability to issue commercial driver's licenses to | 2109 |
Ohioans to operate commercial motor vehicles in interstate | 2110 |
commerce are at risk if this legislation is not effective by | 2111 |
January 1, 2012. Therefore, this act shall go into immediate | 2112 |
effect. | 2113 |