As Passed by the House

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 337


Representative Rosenberger 

Cosponsors: Representatives Butler, Gonzales, Sears, O'Brien, Terhar, Antonio, Baker, Beck, Blessing, Bubp, Combs, DeGeeter, Derickson, Garland, Gerberry, Hackett, Hill, Letson, Luckie, Lundy, Mallory, McClain, McGregor, Murray, Newbold, Ruhl, Sprague Speaker Batchelder 



A BILL
To amend sections 2935.36, 2951.041, 4506.01, 1
4506.05, 4506.07, 4506.09, 4506.10, 4506.101, 2
4506.12, 4506.13, 4506.14, 4506.15, 4506.16, 3
4506.161, 4506.17, 4506.21, 4510.03, 4510.036, 4
4513.37, and 5577.05 and to enact section 4506.131 5
of the Revised Code to make changes in the law 6
governing commercial drivers' licenses, including 7
hazardous material endorsements, medical 8
certification requirements, disqualifications, 9
conviction records, and establishing texting while 10
driving as a serious traffic violation, to exclude 11
certain components from the prohibited length 12
dimensions of specified types of vehicles, and to 13
declare an emergency. 14


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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

       (1) Repeat offenders or dangerous offenders;31

       (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

       (a) The accused did not cause, threaten, or intend serious 43
physical harm to any person;44

       (b) The offense was the result of circumstances not likely to 45
recur;46

       (c) The accused has no history of prior delinquency or 47
criminal activity;48

       (d) The accused has led a law-abiding life for a substantial 49
time before commission of the alleged offense;50

       (e) Substantial grounds tending to excuse or justify the 51
alleged offense.52

       (3) Persons accused of a violation of Chapter 2925. or 3719. 53
of the Revised Code;54

       (4) Persons accused of a violation of section 4511.19 of the 55
Revised Code or a violation of any substantially similar municipal 56
ordinance;57

       (5)(a) Persons who are accused of an offense while operating 58
a commercial motor vehicle or persons who hold a commercial 59
driver's license and are accused of any offense, if conviction of 60
the offense would disqualify the person from operating a 61
commercial motor vehicle under Chapter 4506. of the Revised Code 62
or would subject the person to any other sanction under that 63
chapter;64

       (b) As used in division (A)(5) of this section, "commercial 65
driver's license" and "commercial motor vehicle" have the same 66
meanings as in section 4506.01 of the Revised Code. 67

       (B) An accused who enters a diversion program shall do all of 68
the following:69

       (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

       (2) Agree, in writing, to the tolling while in the program of 76
all periods of limitation established by statutes or rules of 77
court, that are applicable to the offense with which the accused 78
is charged and to the conditions of the diversion program 79
established by the prosecuting attorney;80

       (3) Agree, in writing, to pay any reasonable fee for 81
supervision services established by the prosecuting attorney.82

       (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

       (E) As used in this section:108

       (1) "Repeat offender" means a person who has a history of 109
persistent criminal activity and whose character and condition 110
reveal a substantial risk that the person will commit another 111
offense. It is prima-facie evidence that a person is a repeat 112
offender if any of the following applies:113

       (a) Having been convicted of one or more offenses of violence 114
and having been imprisoned pursuant to sentence for any such 115
offense, the person commits a subsequent offense of violence;116

       (b) Having been convicted of one or more sexually oriented 117
offenses or child-victim oriented offenses, both as defined in 118
section 2950.01 of the Revised Code, and having been imprisoned 119
pursuant to sentence for one or more of those offenses, the person 120
commits a subsequent sexually oriented offense or child-victim 121
oriented offense;122

       (c) Having been convicted of one or more theft offenses as 123
defined in section 2913.01 of the Revised Code and having been 124
imprisoned pursuant to sentence for one or more of those theft 125
offenses, the person commits a subsequent theft offense;126

       (d) Having been convicted of one or more felony drug abuse 127
offenses as defined in section 2925.01 of the Revised Code and 128
having been imprisoned pursuant to sentence for one or more of 129
those felony drug abuse offenses, the person commits a subsequent 130
felony drug abuse offense;131

       (e) Having been convicted of two or more felonies and having 132
been imprisoned pursuant to sentence for one or more felonies, the 133
person commits a subsequent offense;134

       (f) Having been convicted of three or more offenses of any 135
type or degree other than traffic offenses, alcoholic intoxication 136
offenses, or minor misdemeanors and having been imprisoned 137
pursuant to sentence for any such offense, the person commits a 138
subsequent offense.139

       (2) "Dangerous offender" means a person who has committed an 140
offense, whose history, character, and condition reveal a 141
substantial risk that the person will be a danger to others, and 142
whose conduct has been characterized by a pattern of repetitive, 143
compulsive, or aggressive behavior with heedless indifference to 144
the consequences.145

       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

       (2) The victim notification provisions of division (C) of 188
section 2930.08 of the Revised Code apply in relation to any 189
hearing held under division (A)(1) of this section.190

       (B) An offender is eligible for intervention in lieu of 191
conviction if the court finds all of the following:192

       (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

       (7) The alleged victim of the offense was not sixty-five 248
years of age or older, permanently and totally disabled, under 249
thirteen years of age, or a peace officer engaged in the officer's 250
official duties at the time of the alleged offense.251

       (8) If the offender is charged with a violation of section 252
2925.24 of the Revised Code, the alleged violation did not result 253
in physical harm to any person, and the offender previously has 254
not been treated for drug abuse.255

       (9) The offender is willing to comply with all terms and 256
conditions imposed by the court pursuant to division (D) of this 257
section.258

       (10) The offender is not charged with an offense that would 259
result in the offender being disqualified under Chapter 4506. of 260
the Revised Code from operating a commercial motor vehicle or 261
would subject the offender to any other sanction under that 262
chapter.263

       (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

       (G) As used in this section:337

       (1) "Community control sanction" has the same meaning as in 338
section 2929.01 of the Revised Code.339

       (2) "Intervention in lieu of conviction" means any 340
court-supervised activity that complies with this section.341

       (3) "Peace officer" has the same meaning as in section 342
2935.01 of the Revised Code.343

       (4) "Mental illness" and "psychiatrist" have the same 344
meanings as in section 5122.01 of the Revised Code.345

       (5) "Person with intellectual disability" means a person 346
having significantly subaverage general intellectual functioning 347
existing concurrently with deficiencies in adaptive behavior, 348
manifested during the developmental period.349

       (6) "Psychologist" has the same meaning as in section 4732.01 350
of the Revised Code.351

       (H) Whenever the term "mentally retarded person" is used in 352
any statute, rule, contract, grant, or other document, the 353
reference shall be deemed to include a "person with intellectual 354
disability," as defined in this section.355

       Sec. 4506.01.  As used in this chapter:356

       (A) "Alcohol concentration" means the concentration of 357
alcohol in a person's blood, breath, or urine. When expressed as a 358
percentage, it means grams of alcohol per the following:359

       (1) One hundred milliliters of whole blood, blood serum, or 360
blood plasma;361

       (2) Two hundred ten liters of breath;362

       (3) One hundred milliliters of urine.363

       (B) "Commercial driver's license" means a license issued in 364
accordance with this chapter that authorizes an individual to 365
drive a commercial motor vehicle.366

       (C) "Commercial driverdriver's license information system" 367
means the information system established pursuant to the 368
requirements of the "Commercial Motor Vehicle Safety Act of 1986," 369
100 Stat. 3207-171, 49 U.S.C.A. App. 2701.370

       (D) Except when used in section 4506.25 of the Revised Code, 371
"commercial motor vehicle" means any motor vehicle designed or 372
used to transport persons or property that meets any of the 373
following qualifications:374

       (1) Any combination of vehicles with a combined gross vehicle 375
weight rating of twenty-six thousand one pounds or more, provided 376
the gross vehicle weight rating of the vehicle or vehicles being 377
towed is in excess of ten thousand pounds;378

       (2) Any single vehicle with a gross vehicle weight rating of 379
twenty-six thousand one pounds or more, or any such vehicle towing 380
a vehicle having a gross vehicle weight rating that is not in 381
excess of ten thousand pounds;382

       (3) Any single vehicle or combination of vehicles that is not 383
a class A or class B vehicle, but is designed to transport sixteen 384
or more passengers including the driver;385

       (4) Any school bus with a gross vehicle weight rating of less 386
than twenty-six thousand one pounds that is designed to transport 387
fewer than sixteen passengers including the driver;388

       (5) Is transporting hazardous materials for which placarding 389
is required under subpart F of 49 C.F.R. part 172, as amended;390

       (6) Any single vehicle or combination of vehicles that is 391
designed to be operated and to travel on a public street or 392
highway and is considered by the federal motor carrier safety 393
administration to be a commercial motor vehicle, including, but 394
not limited to, a motorized crane, a vehicle whose function is to 395
pump cement, a rig for drilling wells, and a portable crane.396

       (E) "Controlled substance" means all of the following:397

       (1) Any substance classified as a controlled substance under 398
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 399
802(6), as amended;400

       (2) Any substance included in schedules I through V of 21 401
C.F.R. part 1308, as amended;402

       (3) Any drug of abuse.403

       (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

       (G) "Disqualification" means any of the following:413

       (1) The suspension, revocation, or cancellation of a person's 414
privileges to operate a commercial motor vehicle;415

       (2) Any withdrawal of a person's privileges to operate a 416
commercial motor vehicle as the result of a violation of state or 417
local law relating to motor vehicle traffic control other than 418
parking, vehicle weight, or vehicle defect violations;419

       (3) A determination by the federal motor carrier safety 420
administration that a person is not qualified to operate a 421
commercial motor vehicle under 49 C.F.R. 391.422

       (H) "Downgrade" means any of the following, as applicable:423

       (1) A change in the commercial driver's license holder's 424
self-certified status as described in division (A)(2) of section 425
4506.10 of the Revised Code;426

       (2) A change to a lesser class of vehicle;427

       (3) Removal of commercial driver's license privileges from 428
the individual's driver's license.429

       (I) "Drive" means to drive, operate, or be in physical 430
control of a motor vehicle.431

       (I)(J) "Driver" means any person who drives, operates, or is 432
in physical control of a commercial motor vehicle or is required 433
to have a commercial driver's license.434

       (J)(K) "Driver's license" means a license issued by the 435
bureau of motor vehicles that authorizes an individual to drive.436

       (K)(L) "Drug of abuse" means any controlled substance, 437
dangerous drug as defined in section 4729.01 of the Revised Code, 438
or over-the-counter medication that, when taken in quantities 439
exceeding the recommended dosage, can result in impairment of 440
judgment or reflexes.441

       (L)(M) "Electronic device" includes a cellular telephone, a 442
personal digital assistant, a pager, a computer, and any other 443
device used to input, write, send, receive, or read text.444

       (N) "Eligible unit of local government" means a village, 445
township, or county that has a population of not more than three 446
thousand persons according to the most recent federal census.447

       (M)(O) "Employer" means any person, including the federal 448
government, any state, and a political subdivision of any state, 449
that owns or leases a commercial motor vehicle or assigns a person 450
to drive such a motor vehicle.451

       (N)(P) "Endorsement" means an authorization on a person's 452
commercial driver's license that is required to permit the person 453
to operate a specified type of commercial motor vehicle.454

       (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

       (P)(R) "Fatality" means the death of a person as the result 469
of a motor vehicle accident occurring not more than three hundred 470
sixty-five days prior to the date of death.471

       (Q)(S) "Felony" means any offense under federal or state law 472
that is punishable by death or specifically classified as a felony 473
under the law of this state, regardless of the penalty that may be 474
imposed.475

       (R)(T) "Foreign jurisdiction" means any jurisdiction other 476
than a state.477

       (S)(U) "Gross vehicle weight rating" means the value 478
specified by the manufacturer as the maximum loaded weight of a 479
single or a combination vehicle. The gross vehicle weight rating 480
of a combination vehicle is the gross vehicle weight rating of the 481
power unit plus the gross vehicle weight rating of each towed 482
unit.483

       (T)(V) "Hazardous materials" means any material that has been 484
designated as hazardous under 49 U.S.C. 5103 and is required to be 485
placarded under subpart F of 49 C.F.R. part 172 or any quantity of 486
a material listed as a select agent or toxin in 42 C.F.R. part 73, 487
as amended.488

       (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

       (V)(X) "Medical variance" means one of the following received 496
by a driver from the federal motor carrier safety administration 497
that allows the driver to be issued a medical certificate:498

       (1) An exemption letter permitting operation of a commercial 499
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;500

       (2) A skill performance evaluation certificate permitting 501
operation of a commercial motor vehicle pursuant to 49 C.F.R. 502
391.49.503

       (Y) "Motor vehicle" means a vehicle, machine, tractor, 504
trailer, or semitrailer propelled or drawn by mechanical power 505
used on highways, except that such term does not include a 506
vehicle, machine, tractor, trailer, or semitrailer operated 507
exclusively on a rail.508

       (W)(Z) "Out-of-service order" means a declaration by an 509
authorized enforcement officer of a federal, state, local, 510
Canadian, or Mexican jurisdiction declaring that a driver, 511
commercial motor vehicle, or commercial motor carrier operation is 512
out of service as defined in 49 C.F.R. 390.5.513

       (X)(AA) "Peace officer" has the same meaning as in section 514
2935.01 of the Revised Code.515

       (Y)(BB) "Portable tank" means a liquid or gaseous packaging 516
designed primarily to be loaded onto or temporarily attached to a 517
vehicle and equipped with skids, mountings, or accessories to 518
facilitate handling of the tank by mechanical means.519

       (Z)(CC) "Public safety vehicle" has the same meaning as in 520
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.521

       (AA)(DD) "Recreational vehicle" includes every vehicle that 522
is defined as a recreational vehicle in section 4501.01 of the 523
Revised Code and is used exclusively for purposes other than 524
engaging in business for profit.525

       (BB)(EE) "Residence" means any person's residence determined 526
in accordance with standards prescribed in rules adopted by the 527
registrar.528

       (CC)(FF) "School bus" has the same meaning as in section 529
4511.01 of the Revised Code.530

       (DD)(GG) "Serious traffic violation" means aany of the 531
following:532

       (1) A conviction arising from a single charge of operating a 533
commercial motor vehicle in violation of any provision of section 534
4506.03 of the Revised Code or a;535

       (2) A violation while operating a commercial motor vehicle of 536
a law of this state, or any municipal ordinance or county or 537
township resolution prohibiting texting while driving, or any 538
other substantially similar law of another state or political 539
subdivision of another state;540

       (3) A conviction arising from the operation of any motor 541
vehicle that involves any of the following:542

       (1)(a) A single charge of any speed in excess of the posted 543
speed limit by fifteen miles per hour or more;544

       (2)(b) Violation of section 4511.20 or 4511.201 of the 545
Revised Code or any similar ordinance or resolution, or of any 546
similar law of another state or political subdivision of another 547
state;548

       (3)(c) Violation of a law of this state or an ordinance or 549
resolution relating to traffic control, other than a parking 550
violation, or of any similar law of another state or political 551
subdivision of another state, that results in a fatal accident;552

       (4)(d) Violation of section 4506.03 of the Revised Code or a 553
substantially similar municipal ordinance or county or township 554
resolution, or of any similar law of another state or political 555
subdivision of another state, that involves the operation of a 556
commercial motor vehicle without a valid commercial driver's 557
license with the proper class or endorsement for the specific 558
vehicle group being operated or for the passengers or type of 559
cargo being transported;560

       (5)(e) Violation of section 4506.03 of the Revised Code or a 561
substantially similar municipal ordinance or county or township 562
resolution, or of any similar law of another state or political 563
subdivision of another state, that involves the operation of a 564
commercial motor vehicle without a valid commercial driver's 565
license being in the person's possession;566

       (6)(f) Violation of section 4511.33 or 4511.34 of the Revised 567
Code, or any municipal ordinance or county or township resolution 568
substantially similar to either of those sections, or any 569
substantially similar law of another state or political 570
subdivision of another state;571

       (7)(g) Violation of any other law of this state or an 572
ordinance or resolution relating to traffic control, other than a 573
parking violation, that is determined to be a serious traffic 574
violation by the United States secretary of transportation and the 575
director designates as such by rule.576

       (EE)(HH) "State" means a state of the United States and 577
includes the District of Columbia.578

       (FF)(II) "Tank vehicle" means any commercial motor vehicle 579
that is designed to transport any liquid and has a maximum 580
capacity greater than one hundred nineteen gallons or is designed 581
to transport gaseous materials and has a water capacity greater 582
than one thousand pounds within a tank that is either permanently 583
or temporarily attached to the vehicle or its chassis. "Tank 584
vehicle" does not include any of the following:585

       (1) Any portable tank having a rated capacity of less than 586
one thousand gallons;587

       (2) Tanks used exclusively as a fuel tank for the motor 588
vehicle to which it is attached;589

        (3) An empty storage container tank that is not designed for 590
transportation and that is readily distinguishable from a 591
transportation tank;592

        (4) Ready-mix concrete mixers.593

       (GG)(JJ) "Tester" means a person or entity acting pursuant to 594
a valid agreement entered into pursuant to division (B) of section 595
4506.09 of the Revised Code.596

       (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

       (1) Reading, selecting, or entering a telephone number, an 603
extension number, or voicemail retrieval codes and commands into 604
an electronic device for the purpose of initiating or receiving a 605
telephone call or using voice commands to initiate or receive a 606
telephone call;607

       (2) Inputting, selecting, or reading information on a global 608
positioning system or navigation system.609

       (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

       (MM) "United States" means the fifty states and the District 618
of Columbia.619

       (II)(NN) "Upgrade" means a change in the class of vehicles, 620
endorsements, or self-certified status as described in division 621
(A)(2) of section 4506.10 of the Revised Code, that expands the 622
ability of a current commercial driver's license holder to operate 623
commercial motor vehicles under this chapter;624

       (OO) "Vehicle" has the same meaning as in section 4511.01 of 625
the Revised Code.626

       Sec. 4506.05.  (A) Notwithstanding any other provision of 627
law, a person may drive a commercial motor vehicle on a highway in 628
this state if all of the following conditions are met:629

       (1) The person has a valid commercial driver's license or 630
commercial driver's license temporary instruction permit issued by 631
any state or jurisdiction in accordance with the minimum standards 632
adopted by the federal motor carrier safety administration under 633
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 634
3207-171, 49 U.S.C.A. App. for issuance of commercial drivers'635
driver's licenses;636

       (2) The person's commercial driver's license or permit is not 637
suspended, revoked, or canceled;638

       (3) The person is not disqualified from driving a commercial 639
motor vehicle;640

       (4) The person is not subject to an out-of-service order;641

       (5) The person is medically certified as physically qualified 642
to operate a commercial motor vehicle in accordance with this 643
chapter and is able to verify the medical certification when on 644
duty as follows:645

       (a) Prior to January 30, 2012, the person shall have in the 646
person's possession the original or copy of the person's current 647
medical examiner's certificate when on duty.648

       (b) On or after January 30, 2012:649

       (i) A person who submitted a medical examiner's certificate 650
to the registrar in accordance with division (A)(2) of section 651
4506.10 of the Revised Code and whose medical certification 652
information is maintained in the commercial driver's license 653
information system is not required to have the medical examiner's 654
certificate in the person's possession when on duty.655

       (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

       (iii) A person who has a medical variance shall have in the 668
person's possession the original or copy of the medical variance 669
documentation at all times while on duty.670

       (B) Whoever violates this section is guilty of a misdemeanor 671
of the first degree.672

       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

       (1) The applicant's name, date of birth, social security 681
account number, sex, general description including height, weight, 682
and color of hair and eyes, current residence, duration of 683
residence in this state, country of citizenship, and occupation;684

       (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

       (4) Whether the applicant has obtained a medical examiner's 704
certificate as required by this chapter and, beginning January 30, 705
2012, the applicant, prior to or at the time of applying, has 706
self-certified to the registrar the applicable status of the 707
applicant under division (A)(2) of section 4506.10 of the Revised 708
Code;709

       (5) Whether the applicant has pending a citation for 710
violation of any motor vehicle law or ordinance except a parking 711
violation and, if so, a description of the citation, the court 712
having jurisdiction of the offense, and the date when the offense 713
occurred;714

       (6) Whether the applicant wishes to certify willingness to 715
make an anatomical gift under section 2108.05 of the Revised Code, 716
which shall be given no consideration in the issuance of a 717
license;718

       (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

       (B) Every applicant shall certify, on a form approved and 734
furnished by the registrar, all of the following:735

       (1) That the motor vehicle in which the applicant intends to 736
take the driving skills test is representative of the type of 737
motor vehicle that the applicant expects to operate as a driver;738

       (2) That the applicant is not subject to any disqualification 739
or out-of-service order, or license suspension, revocation, or 740
cancellation, under the laws of this state, of another state, or 741
of a foreign jurisdiction and does not have more than one driver's 742
license issued by this or another state or a foreign jurisdiction;743

       (3) Any additional information, certification, or evidence 744
that the registrar requires by rule in order to ensure that the 745
issuance of a commercial driver's license to the applicant is in 746
compliance with the law of this state and with federal law.747

       (C) Every applicant shall execute a form, approved and 748
furnished by the registrar, under which the applicant consents to 749
the release by the registrar of information from the applicant's 750
driving record.751

       (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

       (E) The registrar or a deputy registrar, in accordance with 760
section 3503.11 of the Revised Code, shall offer the opportunity 761
of completing a notice of change of residence or change of name to 762
any applicant for a commercial driver's license or for a renewal 763
or duplicate of such a license who is a resident of this state, if 764
the applicant is a registered elector who has changed the 765
applicant's residence or name and has not filed such a notice.766

       (F) In considering any application submitted pursuant to this 767
section, the bureau of motor vehicles may conduct any inquiries 768
necessary to ensure that issuance or renewal of a commercial 769
driver's license would not violate any provision of the Revised 770
Code or federal law.771

       (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

       (1) Allows the director or the director's representative and 817
the federal motor carrier safety administration or its 818
representative to conduct random examinations, inspections, and 819
audits of the other party without prior notice;820

       (2) Requires the director or the director's representative to 821
conduct on-site inspections of the other party at least annually;822

       (3) Requires that all examiners of the other party meet the 823
same qualification and training standards as examiners of the 824
department of public safety, to the extent necessary to conduct 825
skills tests in the manner required by 49 C.F.R. 383.110 through 826
383.135;827

       (4) Requires either that state employees take, at least 828
annually and as though the employees were test applicants, the 829
tests actually administered by the other party, that the director 830
test a sample of drivers who were examined by the other party to 831
compare the test results, or that state employees accompany a test 832
applicant during an actual test;833

       (5) Reserves to this state the right to take prompt and 834
appropriate remedial action against testers of the other party if 835
the other party fails to comply with standards of this state or 836
federal standards for the testing program or with any other terms 837
of the contract.838

       (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

       (D) The director shall adopt rules, in accordance with 848
Chapter 119. of the Revised Code, authorizing waiver of the skills 849
test specified in this section for any applicant for a commercial 850
driver's license who meets all of the following requirements:851

       (1) Certifies that, during the two-year period immediately 852
preceding application for a commercial driver's license, all of 853
the following apply:854

       (a) The applicant has not had more than one license.855

       (b) The applicant has not had any license suspended, revoked, 856
or canceled.857

       (c) The applicant has not had any convictions for any type of 858
motor vehicle for the offenses for which disqualification is 859
prescribed in section 4506.16 of the Revised Code.860

       (d) The applicant has not had any violation of a state or 861
local law relating to motor vehicle traffic control other than a 862
parking violation arising in connection with any traffic accident 863
and has no record of an accident in which the applicant was at 864
fault.865

       (e) The applicant has previously taken and passed a skills 866
test given by a state with a classified licensing and testing 867
system in which the test was behind-the-wheel in a representative 868
vehicle for the applicant's commercial driver's license 869
classification.870

       (2) Certifies and also provides evidence that the applicant 871
is regularly employed in a job requiring operation of a commercial 872
motor vehicle and that one of the following applies:873

       (a) The applicant has previously taken and passed a skills 874
test given by a state with a classified licensing and testing 875
system in which the test was behind-the-wheel in a representative 876
vehicle for the applicant's commercial driver's license 877
classification.878

       (b) The applicant has regularly operated, for at least two 879
years immediately preceding application for a commercial driver's 880
license, a vehicle representative of the commercial motor vehicle 881
the applicant operates or expects to operate.882

       (E) The director shall adopt rules, in accordance with 883
Chapter 119. of the Revised Code, authorizing waiver of the skills 884
test specified in this section for any applicant for a commercial 885
driver's license who meets all of the following requirements:886

       (1) At the time of applying, is a member or uniformed 887
employee of the armed forces of the United States or their reserve 888
components, including the Ohio national guard, or separated from 889
such service or employment within the preceding ninety days;890

        (2) Certifies that, during the two-year period immediately 891
preceding application for a commercial driver's license, all of 892
the following apply:893

        (a) The applicant has not had more than one license, 894
excluding any military license.895

        (b) The applicant has not had any license suspended, revoked, 896
or canceled.897

        (c) The applicant has not had any convictions for any type of 898
motor vehicle for the offenses for which disqualification is 899
prescribed in section 4506.16 of the Revised Code.900

        (d) The applicant has not had more than one conviction for 901
any type of motor vehicle for a serious traffic violation.902

        (e) The applicant has not had any violation of a state or 903
local law relating to motor vehicle traffic control other than a 904
parking violation arising in connection with any traffic accident 905
and has no record of an accident in which the applicant was at 906
fault.907

        (3) In accordance with rules adopted by the director, 908
certifies and also provides evidence of all of the following:909

        (a) That the applicant is regularly employed or was regularly 910
employed within the preceding ninety days in a military position 911
requiring operation of a commercial motor vehicle;912

        (b) That the applicant was exempt from the requirements of 913
this chapter under division (B)(6) of section 4506.03 of the 914
Revised Code;915

        (c) That, for at least two years immediately preceding the 916
date of application or at least two years immediately preceding 917
the date the applicant separated from military service or 918
employment, the applicant regularly operated a vehicle 919
representative of the commercial motor vehicle type that the 920
applicant operates or expects to operate. 921

       (F)(1) The department of public safety may charge and collect 922
a divisible fee of fifty dollars for each skills test given as 923
part of a commercial driver's license examination. The fee shall 924
consist of ten dollars for the pre-trip inspection portion of the 925
test, ten dollars for the off-road maneuvering portion of the 926
test, and thirty dollars for the on-road portion of the test.927

       (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

       (3) The department of public safety shall deposit all fees it 968
collects under division (E)(F) of this section in the state 969
highway safety fund.970

       (F)(G) As used in this section, "skills test" means a test of 971
an applicant's ability to drive the type of commercial motor 972
vehicle for which the applicant seeks a commercial driver's 973
license by having the applicant drive such a motor vehicle while 974
under the supervision of an authorized state driver's license 975
examiner or tester.976

       Sec. 4506.10.  (A) No person who holds a valid commercial 977
driver's license shall drive a commercial motor vehicle unless the 978
person is physically qualified to do so. Each979

       (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

       (2) Beginning on January 30, 2012, any person applying for a 989
commercial driver's license, renewing of a commercial driver's 990
license, or transferring a commercial driver's license from out of 991
state shall self-certify to the registrar for purposes of 49 992
C.F.R. 383.71, one of the following in regard to the applicant's 993
operation of a commercial motor vehicle, as applicable:994

       (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

       (b)(i) If the applicant operates only in intrastate commerce 1012
and is subject to state driver qualification requirements, the 1013
applicant shall self-certify that the applicant is non-excepted 1014
intrastate;1015

       (ii) If the applicant operates only in intrastate commerce 1016
and is excepted from all or parts of the state driver 1017
qualification requirements, the applicant shall self-certify that 1018
the applicant is excepted intrastate.1019

       (3) Notwithstanding the expiration date on a person's 1020
commercial driver's license, every commercial driver's license 1021
holder shall provide the registrar with the certification required 1022
by this section, on or after January 30, 2012, but prior to 1023
January 30, 2014.1024

       (B) A person is qualified to drive a school bus if the person 1025
holds a valid commercial driver's license along with the proper 1026
endorsements, and if the person has been certified as medically 1027
qualified in accordance with rules adopted by the department of 1028
education.1029

       (C)(1) Except as provided in division (C)(2) of this section, 1030
any medical examination required by this section shall be 1031
performed only by one of the following:1032

       (a) A person licensed under Chapter 4731. of the Revised Code 1033
to practice medicine or surgery or osteopathic medicine and 1034
surgery in this state, or licensed under any similar law of 1035
another state;1036

       (b) A physician assistant who is authorized by the 1037
supervising physician to perform such a medical examination;1038

       (c) A certified nurse practitioner, a clinical nurse 1039
specialist, or a certified nurse-midwife;1040

       (d) A doctor of chiropractic.1041

       (2) Any part of an examination required by this section that 1042
pertains to visual acuity, field of vision, and the ability to 1043
recognize colors may be performed by a person licensed under 1044
Chapter 4725. of the Revised Code to practice optometry in this 1045
state, or licensed under any similar law of another state.1046

       (3) Any written documentation of a physical examination 1047
conducted pursuant to this section shall be completed by the 1048
individual who performed the examination on a form that 1049
substantially complies with the requirements of 49 C.F.R. 1050
391.43(h).1051

       (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 may either issue a special restricted license 1059
or may set forth upon the usual license form the restrictions 1060
imposed.1061

       The registrar, upon receiving satisfactory evidence of any 1062
violation of the restrictions of the license, may impose a class D 1063
license suspension of the license for the period of time specified 1064
in division (B)(4) of section 4510.02 of the Revised Code.1065

       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

       (E) Whoever violates this section is guilty of a misdemeanor 1077
of the first degree.1078

       Sec. 4506.101. Notwithstanding any provision of the Revised 1079
Code, the bureau of motor vehicles shall not issue or renew a 1080
commercial driver's license if issuance or renewal of the license 1081
would violate federal law. No person shall retain a commercial 1082
driver's license if the retention of the license would violate 1083
federal law.1084

       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

       (B) The classes of commercial drivers'driver's licenses and 1094
the commercial motor vehicles that they authorize the operation of 1095
are as follows:1096

       (1) Class A--any combination of vehicles with a combined 1097
gross vehicle weight rating of twenty-six thousand one pounds or 1098
more, if the gross vehicle weight rating of the vehicle or 1099
vehicles being towed is in excess of ten thousand pounds.1100

       (2) Class B--any single vehicle with a gross vehicle weight 1101
rating of twenty-six thousand one pounds or more or any such 1102
vehicle towing a vehicle having a gross vehicle weight rating that 1103
is not in excess of ten thousand pounds.1104

       (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

       (C) The following endorsements and restrictions apply to 1112
commercial drivers' licenses:1113

       (1) H--authorizes the driver to drive a vehicle transporting 1114
hazardous materials in an amount requiring placarding;1115

       (2) K--restricts the driver to only intrastate operation;1116

       (3) L--restricts the driver to vehicles not equipped with air 1117
brakes;1118

       (4) T--authorizes the driver to drive a vehicle configured 1119
with double or triple trailers that create more than one 1120
articulation point for the combination;1121

       (5) P--authorizes the driver to drive vehicles designed to 1122
transport sixteen or more passengers, including the driver;1123

       (6) P1--authorizes the driver to drive class A vehicles 1124
designed for fewer than sixteen passengers, including the driver, 1125
and all lesser classes of vehicles without restriction as to the 1126
designed passenger capacity of the vehicle;1127

       (7) P2--authorizes the driver to drive class A or B vehicles 1128
designed for fewer than sixteen passengers, including the driver, 1129
and all lesser classes of vehicles without restriction as to the 1130
designed passenger capacity of the vehicle;1131

       (8) P4--Restricts the driver to driving class C school buses 1132
designed to transport fewer than sixteen passengers including the 1133
driver.1134

       (9) N--authorizes the driver to drive tank vehicles;1135

       (10) S--authorizes the driver to drive school buses 1136
transporting children;1137

       (11) X--authorizes the driver to drive tank vehicles 1138
transporting hazardous materials in a quantity requiring 1139
placarding;1140

       (12) W--restricts the driver to the operation of commercial 1141
motor vehicles in accordance with a waiver for farm-related 1142
service industries issued under section 4506.24 of the Revised 1143
Code;1144

       (13) V–-indicates the existence of a medical variance on the 1145
driver's commercial driver's license information system driver 1146
record.1147

       (D) In addition to any endorsement that otherwise may apply, 1148
a person who is engaged in the towing of a disabled or wrecked 1149
motor vehicle shall hold a commercial driver's license bearing any 1150
endorsement required to drive the towed vehicle except the driver 1151
is not required to have either of the following:1152

        (1) A passenger endorsement to tow an unoccupied passenger 1153
vehicle;1154

        (2) Any endorsement required for the wrecked or disabled 1155
vehicle when the driver initially removes a vehicle from the site 1156
of the emergency where the vehicle became wrecked or disabled to 1157
the nearest appropriate repair, disposal, or storage facility, as 1158
applicable.1159

        (E) No person shall drive any commercial motor vehicle for 1160
which an endorsement is required under this section unless the 1161
proper endorsement appears on the person's commercial driver's 1162
license.1163

       (F) Whoever violates this section is guilty of a misdemeanor 1164
of the first degree.1165

       Sec. 4506.13.  (A) The registrar of motor vehicles may 1166
authorize the highway patrol or any other employee of the 1167
department of public safety to issue an examiner's commercial 1168
examinations passed form to an applicant who has passed the 1169
required examinations. The examiner's commercial examinations 1170
passed form shall be used, once it has been validated, to indicate 1171
the examinations taken and passed by the commercial driver's 1172
license applicant.1173

       (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

       (2) The registrar shall not issue, renew, upgrade, or 1186
transfer the applicant's commercial driver's license if any of the 1187
following apply:1188

       (a) The registrar obtains adverse information regarding the 1189
applicant's driving record.1190

       (b) There is no information regarding the driver's 1191
self-certification type as required by division (A)(2) of section 1192
4506.10 of the Revised Code.1193

       (c) The applicant's medical status is not certified, when 1194
required to be certified under division (A)(2)(a)(i) of section 1195
4506.10 of the Revised Code.1196

       (3) If the record check reveals information that the 1197
applicant claims is outdated, contested, or invalid, the registrar 1198
shall deny the application until the applicant can resolve the 1199
conflict.1200

       (C)(1) Within ten days after issuing a commercial driver's 1201
license, the registrar shall notify the commercial driverdriver's1202
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

       (2) Beginning on January 30, 2012, the registrar shall do all 1209
of the following:1210

       (a) For those driver's self-certifying under division 1211
(A)(2)(a)(i) of section 4506.10 of the Revised Code as 1212
non-excepted interstate, post the applicant's medical status as 1213
certified or non-certified on the applicant's commercial driver's 1214
license information system driver record upon receiving a valid 1215
original or copy of the medical examiner's certificate;1216

       (b) Post the driver's self-certification type as set forth in 1217
division (A)(2) of section 4506.10 of the Revised Code;1218

       (c) Post information from the medical examiner's certificate, 1219
if applicable, on the commercial driver's license holder's 1220
commercial driver's license information system driver record 1221
within ten business days of issuing the commercial driver's 1222
license; 1223

       (d) Retain the original or a copy of the commercial driver's 1224
license holder's medical certificate for a minimum of three years 1225
after the date the certificate was issued;1226

       (3) The registrar shall post and maintain as part of the 1227
commercial driver's license information system driver record all 1228
convictions, disqualifications, and other licensing actions for 1229
violations of any state or municipal ordinances related to motor 1230
vehicle traffic control, other than parking violations for all 1231
persons who hold a commercial driver's license or operate a motor 1232
vehicle for which a commercial driver's license is required.1233

       (4) Beginning January 30, 2014, the registrar shall post an 1234
applicant's status of medically non-certified on the applicant's 1235
commercial driver's license information system driver record and 1236
shall downgrade the commercial driver's license holder's 1237
commercial driver's license in accordance with division (D) of 1238
this section if either of the following applies:1239

       (a) The commercial driver's license holder fails to provide 1240
the driver's self-certification type as required by division 1241
(A)(2) of section 4506.10 of the Revised Code.1242

       (b) The commercial driver's license holder self-certifying 1243
under division (A)(2)(a)(i) of section 4506.10 of the Revised Code 1244
as non-excepted interstate fails to provide the registrar with a 1245
current medical examiner's certificate.1246

       (5) The registrar shall mark the commercial driver's license 1247
information system driver record as non-certified for any 1248
commercial driver's license holder who has not self-certified 1249
under division (A)(2) of section 4506.10 of the Revised Code by 1250
January 30, 2014 and shall initiate the commercial driver's 1251
license commercial driver's license downgrade procedures described 1252
in division (D) of this section. 1253

       (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

       (D) If a driver's medical certification or medical variance 1265
expires or the federal motor carrier safety administration 1266
notifies the registrar that a medical variance was removed or 1267
rescinded, the registrar shall do the following:1268

       (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

       (B)(1) Immediately upon receiving a determination from the 1302
transportation security administration that an individual poses a 1303
security risk warranting denial of a hazardous materials 1304
endorsement, the registrar shall revoke any existing hazardous 1305
materials endorsement and shall refuse to issue a hazardous 1306
materials endorsement for the individual named as a security risk.1307

       (2) Within fifteen days of receiving any determination from 1308
the transportation security administration indicating the status 1309
of an individual's security risk, the registrar shall notify the 1310
commercial driver license information system of the results of the 1311
security assessment.1312

       (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

       Sec. 4506.14.  (A) Commercial driver's licenses shall expire 1322
as follows:1323

       (1) Except as provided in division (A)(3) or (4) of this 1324
section, each such license issued to replace an operator's or 1325
chauffeur's license shall expire on the original expiration date 1326
of the operator's or chauffeur's license and, upon renewal, shall 1327
expire on the licensee's birthday in the fourth year after the 1328
date of issuance.1329

       (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

       (3) The registrar or a deputy registrar may issue a license 1341
that expires on a date earlier than the licensee's birthday in the 1342
fourth year after the date of issuance if the licensee has 1343
undergone a security threat assessment required by federal law to 1344
obtain a hazardous materials endorsement and the assessment will 1345
expire before that date.1346

        (4) Each such license issued to replace the operator's or 1347
chauffeur's license of a person who is less than twenty-one years 1348
of age, and each such license issued as an original license to a 1349
person who is less than twenty-one years of age, shall expire on 1350
the licensee's twenty-first birthday.1351

       (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

       (D) Each person licensed as a driver under this chapter shall 1380
notify the registrar of any change in the person's address within 1381
ten days following that change. The notification shall be in 1382
writing on a form provided by the registrar and shall include the 1383
full name, date of birth, license number, county of residence, 1384
social security number, and new address of the person.1385

       (E) Whoever violates division (D) of this section is guilty 1386
of a minor misdemeanor.1387

       Sec. 4506.15.  (A) No person who holds a commercial driver's 1388
license or operates a motor vehicle for which a commercial 1389
driver's license is required shall do any of the following: 1390

       (1) Drive a commercial motor vehicle while having a 1391
measurable or detectable amount of alcohol or of a controlled 1392
substance in the person's blood, breath, or urine; 1393

       (2) Drive a commercial motor vehicle while having an alcohol 1394
concentration of four-hundredths of one per cent or more by whole 1395
blood or breath; 1396

       (3) Drive a commercial motor vehicle while having an alcohol 1397
concentration of forty-eight-thousandths of one per cent or more 1398
by blood serum or blood plasma; 1399

       (4) Drive a commercial motor vehicle while having an alcohol 1400
concentration of fifty-six-thousandths of one per cent or more by 1401
urine; 1402

       (5) Drive a motor vehicle while under the influence of a 1403
controlled substance; 1404

       (6) Drive a motor vehicle in violation of section 4511.19 of 1405
the Revised Code or a municipal OVI ordinance as defined in 1406
section 4511.181 of the Revised Code;1407

       (7) Use a motor vehicle in the commission of a felony; 1408

       (7)(8) Refuse to submit to a test under section 4506.17 or 1409
4511.191 of the Revised Code; 1410

       (8)(9) Operate a commercial motor vehicle while the person's 1411
commercial driving privileges are revoked, suspended, canceled, or 1412
disqualified; 1413

       (9)(10) Cause a fatality thoughthrough the negligent 1414
operation of a commercial motor vehicle, including, but not 1415
limited to, the offenses of aggravated vehicular homicide, 1416
vehicular homicide, and vehicular manslaughter; 1417

       (10) Use a motor vehicle in the commission of a felony 1418
involving the manufacture, distribution, or dispensing of a 1419
controlled substance as defined in section 3719.01 of the Revised 1420
Code or the possession with intent to manufacture, distribute, or 1421
dispense a controlled substance(11) Fail to stop after an 1422
accident in violation of sections 4549.02 to 4549.03 of the 1423
Revised Code; 1424

       (11)(12) Drive a commercial motor vehicle in violation of any 1425
provision of sections 4511.61 to 4511.63 of the Revised Code or 1426
any federal or local law or ordinance pertaining to 1427
railroad-highway grade crossings; 1428

       (12) Violate any prohibition described in divisions (A)(2) to 1429
(11) of this section while transporting hazardous materials(13) 1430
Use a motor vehicle in the commission of a felony involving the 1431
manufacture, distribution, or dispensing of a controlled substance 1432
as defined in section 3719.01 of the Revised Code or the 1433
possession with intent to manufacture, distribute, or dispense a 1434
controlled substance. 1435

       (B) Whoever violates this section is guilty of a misdemeanor 1436
of the first degree. 1437

       Sec. 4506.16.  (A) Any person who is found to have been 1438
convicted of a violation of an out-of-service order shall be 1439
disqualified by the registrar of motor vehicles as follows: 1440

       (1) If the person has not been convicted previously of a 1441
violation of an out-of-service order, the period of 1442
disqualification is ninetyone hundred eighty days. 1443

       (2) If, during any ten-year period, the driver is convicted 1444
of a second violation of an out-of-service order in an incident 1445
separate from the incident that resulted in the first violation, 1446
the period of disqualification is one yeartwo years. 1447

       (3) If, during any ten-year period, the driver is convicted 1448
of a third or subsequent violation of an out-of-service order in 1449
an incident separate from the incidents that resulted in the 1450
previous violations during that ten-year period, the period of 1451
disqualification is three years. 1452

       (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

       (C) Whoever violates division (A)(1) of section 4506.15 of 1468
the Revised Code or a similar law of another state or a foreign 1469
jurisdiction, immediately shall be placed out-of-service for 1470
twenty-four hours, in addition to any disqualification required by 1471
this section and any other penalty imposed by the Revised Code. 1472

       (D) The registrar of motor vehicles shall disqualify any 1473
holder of a commercial driver's license, or any operator of a 1474
commercial motor vehicle for which a commercial driver's license 1475
is required, from operating a commercial motor vehicle as follows: 1476

       (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

       (3) Upon a first conviction for a violation of divisionany 1495
of the following violations while transporting hazardous 1496
materials, three years:1497

       (a) Divisions (A)(12)(2) to (12) of section 4506.15 of the 1498
Revised Code or a;1499

       (b) A similar law of another state or a foreign 1500
jurisdiction, three years;.1501

       (4) Upon conviction of a violation of division (A)(10)(13) of 1502
section 4506.15 of the Revised Code or a similar law of another 1503
state or a foreign jurisdiction, the person shall be disqualified 1504
for life; 1505

       (5)(a) Upon conviction of two serious traffic violations 1506
involving the operation of a commercial motor vehicle by the 1507
person and arising from separate incidents occurring in a 1508
three-year period, the person shall be disqualified for sixty 1509
days, which disqualification shall be imposed consecutively to any 1510
other separate disqualification imposed under division (D)(5) or 1511
(6) of this section;1512

       (b) Upon conviction of three serious traffic violations 1513
involving the operation of a commercial motor vehicle by the 1514
person and arising from separate incidents occurring in a 1515
three-year period, the person shall be disqualified for one 1516
hundred twenty days, which disqualification shall be imposed 1517
consecutively to any other separate disqualification imposed under 1518
division (D)(5) or (6) of this section;1519

       (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

       (7) Upon a first conviction involving the operation of a 1540
commercial motor vehicle in violation of any provisions of 1541
sections 4511.61 to 4511.63 of the Revised Code or a similar law 1542
of another state or foreign jurisdiction, not less than sixty 1543
days; 1544

       (8) Upon a second conviction involving the operation of a 1545
commercial motor vehicle in violation of any provisions of 1546
sections 4511.61 to 4511.63 of the Revised Code or a similar law 1547
of another state or foreign jurisdiction within three years of the 1548
first such conviction, not less than one hundred twenty days; 1549

       (9) Upon a third or subsequent conviction involving the 1550
operation of a commercial motor vehicle in violation of any 1551
provisions of sections 4511.61 to 4511.63 of the Revised Code or a 1552
similar law of another state or foreign jurisdiction within three 1553
years of the first such conviction, not less than one year; 1554

       (10) Upon receiving notification from the federal motor 1555
carrier safety administration, the registrar immediately, prior to 1556
any hearing, shall disqualify any commercial motor vehicle driver 1557
whose driving is determined to constitute an imminent hazard as 1558
defined under federal motor carrier safety regulation 49 C.F.R. 1559
383.52. 1560

       (E) For the purposes of this section, conviction of a 1561
violation for which disqualification is required includes 1562
conviction under any municipal ordinance that is substantially 1563
similar to any section of the Revised Code that is set forth in 1564
division (D) of this section and may be evidenced by any of the 1565
following: 1566

       (1) A judgment entry of a court of competent jurisdiction in 1567
this or any other state; 1568

       (2) An administrative order of a state agency of this or any 1569
other state having statutory jurisdiction over commercial drivers; 1570

       (3) A computer record obtained from or through the commercial 1571
driver's license information system; 1572

       (4) A computer record obtained from or through a state agency 1573
of this or any other state having statutory jurisdiction over 1574
commercial drivers or the records of commercial drivers. 1575

       (F) For purposes of this section, conviction of disqualifying 1576
offenses committed in a noncommercial motor vehicle are included 1577
if either of the following applies: 1578

       (1) The offense occurred after the person obtained the 1579
person's commercial driver's license. 1580

       (2) The offense occurs on or after September 30, 2005. 1581

       (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

       (H) Any record described in division (C) of this section 1592
shall be deemed to be self-authenticating when it is received by 1593
the bureau of motor vehicles. 1594

       (I) When disqualifying a driver, the registrar shall cause 1595
the records of the bureau to be updated to reflect that action 1596
within ten days after it occurs. 1597

       (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

        (L) The disqualifications imposed under this section are in 1621
addition to any other penalty imposed by the Revised Code. 1622

       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

       Sec. 4506.17.  (A) Any person who holds a commercial driver's 1634
license or operates a commercial motor vehicle requiring a 1635
commercial driver's license within this state shall be deemed to 1636
have given consent to a test or tests of the person's whole blood, 1637
blood serum or plasma, breath, or urine for the purpose of 1638
determining the person's alcohol concentration or the presence of 1639
any controlled substance or a metabolite of a controlled 1640
substance.1641

       (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

       (E) Upon receipt of a sworn report from a peace officer as 1687
provided in division (D) of this section, or upon receipt of 1688
notification that a person has been disqualified under a similar 1689
law of another state or foreign jurisdiction, the registrar shall 1690
disqualify the person named in the report from driving a 1691
commercial motor vehicle for the period described below:1692

       (1) Upon a first incident, one year;1693

       (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

       (H) No person shall refuse to immediately surrender the 1729
person's commercial driver's license to a peace officer when 1730
required to do so by this section.1731

       (I) A peace officer issuing an out-of-service order or 1732
receiving a commercial driver's license surrendered under this 1733
section may remove or arrange for the removal of any commercial 1734
motor vehicle affected by the issuance of that order or the 1735
surrender of that license.1736

       (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

       (K) When disqualifying a driver, the registrar shall cause 1761
the records of the bureau of motor vehicles to be updated to 1762
reflect the disqualification within ten days after it occurs.1763

       (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

       (N) Whoever violates division (H) of this section is guilty 1784
of a misdemeanor of the first degree.1785

       (O) As used in this section, "emergency medical 1786
technician-intermediate" and "emergency medical 1787
technician-paramedic" have the same meanings as in section 4765.01 1788
of the Revised Code.1789

       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 forteiture1832
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

       (C) A court shall assess the following points for an offense 1856
based on the following formula:1857

       (1) Aggravated vehicular homicide, vehicular homicide, 1858
vehicular manslaughter, aggravated vehicular assault, or vehicular 1859
assault when the offense involves the operation of a vehicle, 1860
streetcar, or trackless trolley on a highway or street .......... 1861
6 points1862

       (2) A violation of section 2921.331 of the Revised Code or 1863
any ordinance prohibiting the willful fleeing or eluding of a law 1864
enforcement officer .......... 6 points1865

       (3) A violation of section 4549.02 or 4549.021 of the Revised 1866
Code or any ordinance requiring the driver of a vehicle to stop 1867
and disclose identity at the scene of an accident .......... 6 1868
points1869

       (4) A violation of section 4511.251 of the Revised Code or 1870
any ordinance prohibiting street racing .......... 6 points1871

       (5) A violation of section 4510.037 of the Revised Code or 1872
any ordinance prohibiting the operation of a motor vehicle while 1873
the driver's or commercial driver's license is under a 1874
twelve-point suspension .......... 6 points1875

       (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 points1885

       (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 points1894

       (8) A violation of section 2913.03 of the Revised Code that 1895
does not involve an aircraft or motorboat or any ordinance 1896
prohibiting the operation of a vehicle without the consent of the 1897
owner .......... 6 points1898

       (9) Any offense under the motor vehicle laws of this state 1899
that is a felony, or any other felony in the commission of which a 1900
motor vehicle was used .......... 6 points1901

       (10) A violation of division (B) of section 4511.19 of the 1902
Revised Code or any ordinance substantially equivalent to that 1903
division prohibiting the operation of a vehicle with a prohibited 1904
concentration of alcohol in the whole blood, blood serum or 1905
plasma, breath, or urine .......... 4 points1906

       (11) A violation of section 4511.20 of the Revised Code or 1907
any ordinance prohibiting the operation of a motor vehicle in 1908
willful or wanton disregard of the safety of persons or property 1909
.......... 4 points1910

       (12) A violation of any law or ordinance pertaining to speed:1911

       (a) Notwithstanding divisions (C)(12)(b) and (c) of this 1912
section, when the speed exceeds the lawful speed limit by thirty 1913
miles per hour or more .......... 4 points1914

       (b) When the speed exceeds the lawful speed limit of 1915
fifty-five miles per hour or more by more than ten miles per hour 1916
.......... 2 points1917

       (c) When the speed exceeds the lawful speed limit of less 1918
than fifty-five miles per hour by more than five miles per hour 1919
.......... 2 points1920

       (d) When the speed does not exceed the amounts set forth in 1921
divisions (C)(12)(a), (b), or (c) of this section .......... 0 1922
points1923

       (13) Operating a motor vehicle in violation of a restriction 1924
imposed by the registrar .......... 2 points1925

        (14) A violation of section 4510.11, 4510.111, 4510.16, or 1926
4510.21 of the Revised Code or any ordinance prohibiting the 1927
operation of a motor vehicle while the driver's or commercial 1928
driver's license is under suspension .......... 2 points1929

       (15) With the exception of violations under section 4510.12 1930
of the Revised Code where no points shall be assessed, all other 1931
moving violations reported under this section .......... 2 points1932

       (D) Upon receiving notification from the proper court, 1933
including a United States district court that has jurisdiction 1934
within this state, the bureau shall delete any points entered for 1935
a bond forfeiture if the driver is acquitted of the offense for 1936
which bond was posted.1937

       (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

       Every court of record shall also forward a like report to the 1968
department upon the conviction of any person of manslaughter or 1969
other felony in the commission of which a vehicle was used. 1970

       The failure, refusal, or neglect of such officer to comply 1971
with this section constitutes misconduct in office and is ground 1972
for removal therefrom. 1973

       The department shall keep all abstracts received under this 1974
section at its main office. 1975

       Sec. 5577.05. (A) No vehicle shall be operated upon the 1976
public highways, streets, bridges, and culverts within the state, 1977
whose dimensions exceed those specified in this section.1978

       (B) No such vehicle shall have a width in excess of:1979

       (1) One hundred four inches for passenger bus type vehicles 1980
operated exclusively within municipal corporations;1981

       (2) One hundred two inches, excluding such safety devices as 1982
are required by law, for passenger bus type vehicles operated over 1983
freeways, and such other state roads with minimum pavement widths 1984
of twenty-two feet, except those roads or portions thereofof 1985
roads over which operation of one hundred two-inch buses is 1986
prohibited by order of the director of transportation;1987

       (3) One hundred thirty-two inches for traction engines;1988

       (4) One hundred two inches for recreational vehicles, 1989
excluding safety devices and retracted awnings and other 1990
appurtenances of six inches or less in width and except that the 1991
director may prohibit the operation of one hundred two inch 1992
recreational vehicles on designated state highways or portions of 1993
highways;1994

       (5) One hundred two inches, including load, for all other 1995
vehicles, except that the director may prohibit the operation of 1996
one hundred two-inch vehicles on such state highways or portions1997
thereofof state highways as the director designates.1998

       (C) No such vehicle shall have a length in excess of:1999

       (1) Sixty-six feet for passenger bus type vehicles and 2000
articulated passenger bus type vehicles operated by a regional 2001
transit authority pursuant to sections 306.30 to 306.54 of the 2002
Revised Code;2003

       (2) Forty-five feet for all other passenger bus type 2004
vehicles;2005

       (3) Fifty-three feet for any semitrailer when operated in a 2006
commercial tractor-semitrailer combination, with or without load, 2007
except that the director may prohibit the operation of any such 2008
commercial tractor-semitrailer combination on such state highways 2009
or portions thereofof state highways as the director designates.2010

       (4) Twenty-eight and one-half feet for any semitrailer or 2011
trailer when operated in a commercial tractor-semitrailer-trailer 2012
or commercial tractor-semitrailer-semitrailer combination, except 2013
that the director may prohibit the operation of any such 2014
commercial tractor-semitrailer-trailer or commercial 2015
tractor-semitrailer-semitrailer combination on such state highways 2016
or portions thereofof state highways as the director designates;2017

       (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

       (b) Seventy-five feet for drive-away saddlemount vehicle 2026
transporter combinations and drive-away saddlemount with fullmount 2027
vehicle transporter combinations, when operated on any roadway not 2028
designated as an interstate, United States route, or state route, 2029
not to exceed three saddlemounted vehicles, but which may include 2030
one fullmount;2031

       (6) Sixty-five feet for any other combination of vehicles 2032
coupled together, with or without load, except as provided in 2033
divisions (C)(3) and (4), and in division (E) of this section;2034

       (7) Forty-five feet for recreational vehicles;2035

       (8) Forty feet for all other vehicles except trailers and 2036
semitrailers, with or without load.2037

       (D) No such vehicle shall have a height in excess of thirteen 2038
feet six inches, with or without load.2039

       (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

        (F) The widths prescribed in division (B) of this section 2051
shall not include side mirrors, turn signal lamps, marker lamps, 2052
handholds for cab entry and egress, flexible fender extensions, 2053
mud flaps, splash and spray suppressant devices, and load-induced 2054
tire bulge.2055

       The width prescribed in division (B)(5) of this section shall 2056
not include automatic covering devices, tarp and tarp hardware, 2057
and tiedown assemblies, provided these safety devices do not 2058
extend more than three inches from each side of the vehicle.2059

       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

       (H) As used in this section, "recreational vehicle" has the 2097
same meaning as in section 4501.01 of the Revised Code.2098

       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