As Reported by the Senate Highways and Transportation Committee

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 

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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, 5101.35, 5101.351, 5107.12, 5107.14, and

5

5577.05 and to enact section 4506.131 of the

6

Revised Code to make changes in the law governing

7

commercial drivers' licenses, including hazardous

8

material endorsements, medical certification

9

requirements, disqualifications, conviction

10

records, and establishing texting while driving as

11

a serious traffic violation, to exclude certain

12

components from the prohibited length dimensions

13

of specified types of vehicles, to revise the law

14

governing self-sufficiency contracts established

15

under the Ohio Works First program, to eliminate

16

requirements that the Department of Job and Family

17

Services employ, contract with, or designate only

18

attorneys to make decisions in appeals regarding

19

family services programs, to temporarily extend

20

the look-back period from two years to three years

21

for determining whether a state "on" indicator

22

exists based on the total unemployment rate for

23

purposes of state extended unemployment benefits,

24

and to declare an emergency.

25

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

Section 1.  That sections 2935.36, 2951.041, 4506.01,	26
4506.05, 4506.07, 4506.09, 4506.10, 4506.101, 4506.12, 4506.13,	27
4506.14, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21, 4510.03,	28
4510.036, 4513.37, 5101.35, 5101.351, 5107.12, 5107.14, and	29
5577.05 be amended and section 4506.131 of the Revised Code be	30
enacted to read as follows:	31

Sec. 2935.36.  (A) The prosecuting attorney may establish	32
pre-trial diversion programs for adults who are accused of	33
committing criminal offenses and whom the prosecuting attorney	34
believes probably will not offend again. The prosecuting attorney	35
may require, as a condition of an accused's participation in the	36
program, the accused to pay a reasonable fee for supervision	37
services that include, but are not limited to, monitoring and drug	38
testing. The programs shall be operated pursuant to written	39
standards approved by journal entry by the presiding judge or, in	40
courts with only one judge, the judge of the court of common pleas	41
and shall not be applicable to any of the following:	42

(1) Repeat offenders or dangerous offenders;

43

(2) Persons accused of an offense of violence, of a violation	44
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	45
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	46
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	47
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	48
Code that, had it occurred prior to July 1, 1996, would have been	49
a violation of section 2905.04 of the Revised Code as it existed	50
prior to that date, with the exception that the prosecuting	51
attorney may permit persons accused of any such offense to enter a	52
pre-trial diversion program, if the prosecuting attorney finds any	53
of the following:	54

(a) The accused did not cause, threaten, or intend serious	55
physical harm to any person;	56

(b) The offense was the result of circumstances not likely to	57
recur;	58

(c) The accused has no history of prior delinquency or	59
criminal activity;	60

(d) The accused has led a law-abiding life for a substantial	61
time before commission of the alleged offense;	62

(e) Substantial grounds tending to excuse or justify the	63
alleged offense.	64

(3) Persons accused of a violation of Chapter 2925. or 3719.	65
of the Revised Code;	66

(4) Persons accused of a violation of section 4511.19 of the	67
Revised Code or a violation of any substantially similar municipal	68
ordinance;	69

(5)(a) Persons who are accused of an offense while operating	70
a commercial motor vehicle or persons who hold a commercial	71
driver's license and are accused of any offense, if conviction of	72
the offense would disqualify the person from operating a	73
commercial motor vehicle under Chapter 4506. of the Revised Code	74
or would subject the person to any other sanction under that	75
chapter;	76

(b) As used in division (A)(5) of this section, "commercial	77
driver's license" and "commercial motor vehicle" have the same	78
meanings as in section 4506.01 of the Revised Code.	79

(B) An accused who enters a diversion program shall do all of	80
the following:	81

(1) Waive, in writing and contingent upon the accused's	82
successful completion of the program, the accused's right to a	83
speedy trial, the preliminary hearing, the time period within	84
which the grand jury may consider an indictment against the	85
accused, and arraignment, unless the hearing, indictment, or	86
arraignment has already occurred;	87

(2) Agree, in writing, to the tolling while in the program of	88
all periods of limitation established by statutes or rules of	89
court, that are applicable to the offense with which the accused	90
is charged and to the conditions of the diversion program	91
established by the prosecuting attorney;	92

(3) Agree, in writing, to pay any reasonable fee for	93
supervision services established by the prosecuting attorney.	94

(C) The trial court, upon the application of the prosecuting	95
attorney, shall order the release from confinement of any accused	96
who has agreed to enter a pre-trial diversion program and shall	97
discharge and release any existing bail and release any sureties	98
on recognizances and shall release the accused on a recognizance	99
bond conditioned upon the accused's compliance with the terms of	100
the diversion program. The prosecuting attorney shall notify every	101
victim of the crime and the arresting officers of the prosecuting	102
attorney's intent to permit the accused to enter a pre-trial	103
diversion program. The victim of the crime and the arresting	104
officers shall have the opportunity to file written objections	105
with the prosecuting attorney prior to the commencement of the	106
pre-trial diversion program.	107

(D) If the accused satisfactorily completes the diversion	108
program, the prosecuting attorney shall recommend to the trial	109
court that the charges against the accused be dismissed, and the	110
court, upon the recommendation of the prosecuting attorney, shall	111
dismiss the charges. If the accused chooses not to enter the	112
prosecuting attorney's diversion program, or if the accused	113
violates the conditions of the agreement pursuant to which the	114
accused has been released, the accused may be brought to trial	115
upon the charges in the manner provided by law, and the waiver	116
executed pursuant to division (B)(1) of this section shall be void	117
on the date the accused is removed from the program for the	118
violation.	119

(E) As used in this section:

120

(1) "Repeat offender" means a person who has a history of	121
persistent criminal activity and whose character and condition	122
reveal a substantial risk that the person will commit another	123
offense. It is prima-facie evidence that a person is a repeat	124
offender if any of the following applies:	125

(a) Having been convicted of one or more offenses of violence	126
and having been imprisoned pursuant to sentence for any such	127
offense, the person commits a subsequent offense of violence;	128

(b) Having been convicted of one or more sexually oriented	129
offenses or child-victim oriented offenses, both as defined in	130
section 2950.01 of the Revised Code, and having been imprisoned	131
pursuant to sentence for one or more of those offenses, the person	132
commits a subsequent sexually oriented offense or child-victim	133
oriented offense;	134

(c) Having been convicted of one or more theft offenses as	135
defined in section 2913.01 of the Revised Code and having been	136
imprisoned pursuant to sentence for one or more of those theft	137
offenses, the person commits a subsequent theft offense;	138

(d) Having been convicted of one or more felony drug abuse	139
offenses as defined in section 2925.01 of the Revised Code and	140
having been imprisoned pursuant to sentence for one or more of	141
those felony drug abuse offenses, the person commits a subsequent	142
felony drug abuse offense;	143

(e) Having been convicted of two or more felonies and having	144
been imprisoned pursuant to sentence for one or more felonies, the	145
person commits a subsequent offense;	146

(f) Having been convicted of three or more offenses of any	147
type or degree other than traffic offenses, alcoholic intoxication	148
offenses, or minor misdemeanors and having been imprisoned	149
pursuant to sentence for any such offense, the person commits a	150
subsequent offense.	151

(2) "Dangerous offender" means a person who has committed an	152
offense, whose history, character, and condition reveal a	153
substantial risk that the person will be a danger to others, and	154
whose conduct has been characterized by a pattern of repetitive,	155
compulsive, or aggressive behavior with heedless indifference to	156
the consequences.	157

Sec. 2951.041.  (A)(1) If an offender is charged with a	158
criminal offense, including but not limited to a violation of	159
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	160
the Revised Code, and the court has reason to believe that drug or	161
alcohol usage by the offender was a factor leading to the criminal	162
offense with which the offender is charged or that, at the time of	163
committing that offense, the offender had a mental illness or was	164
a person with intellectual disability and that the mental illness	165
or status as a person with intellectual disability was a factor	166
leading to the offender's criminal behavior, the court may accept,	167
prior to the entry of a guilty plea, the offender's request for	168
intervention in lieu of conviction. The request shall include a	169
statement from the offender as to whether the offender is alleging	170
that drug or alcohol usage by the offender was a factor leading to	171
the criminal offense with which the offender is charged or is	172
alleging that, at the time of committing that offense, the	173
offender had a mental illness or was a person with intellectual	174
disability and that the mental illness or status as a person with	175
intellectual disability was a factor leading to the criminal	176
offense with which the offender is charged. The request also shall	177
include a waiver of the defendant's right to a speedy trial, the	178
preliminary hearing, the time period within which the grand jury	179
may consider an indictment against the offender, and arraignment,	180
unless the hearing, indictment, or arraignment has already	181
occurred. The court may reject an offender's request without a	182
hearing. If the court elects to consider an offender's request,	183
the court shall conduct a hearing to determine whether the	184
offender is eligible under this section for intervention in lieu	185
of conviction and shall stay all criminal proceedings pending the	186
outcome of the hearing. If the court schedules a hearing, the	187
court shall order an assessment of the offender for the purpose of	188
determining the offender's eligibility for intervention in lieu of	189
conviction and recommending an appropriate intervention plan.	190

If the offender alleges that drug or alcohol usage by the	191
offender was a factor leading to the criminal offense with which	192
the offender is charged, the court may order that the offender be	193
assessed by a program certified pursuant to section 3793.06 of the	194
Revised Code or a properly credentialed professional for the	195
purpose of determining the offender's eligibility for intervention	196
in lieu of conviction and recommending an appropriate intervention	197
plan. The program or the properly credentialed professional shall	198
provide a written assessment of the offender to the court.	199

(2) The victim notification provisions of division (C) of	200
section 2930.08 of the Revised Code apply in relation to any	201
hearing held under division (A)(1) of this section.	202

(B) An offender is eligible for intervention in lieu of	203
conviction if the court finds all of the following:	204

(1) The offender previously has not been convicted of or	205
pleaded guilty to a felony offense of violence or previously has	206
been convicted of or pleaded guilty to any felony that is not an	207
offense of violence and the prosecuting attorney recommends that	208
the offender be found eligible for participation in intervention	209
in lieu of treatment under this section, previously has not been	210
through intervention in lieu of conviction under this section or	211
any similar regimen, and is charged with a felony for which the	212
court, upon conviction, would impose sentence under division	213
(B)(2)(3)(b) of section 2929.13 of the Revised Code or with a	214
misdemeanor.	215

(2) The offense is not a felony of the first, second, or	216
third degree, is not an offense of violence, is not a violation of	217
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	218
not a violation of division (A)(1) of section 2903.08 of the	219
Revised Code, is not a violation of division (A) of section	220
4511.19 of the Revised Code or a municipal ordinance that is	221
substantially similar to that division, and is not an offense for	222
which a sentencing court is required to impose a mandatory prison	223
term, a mandatory term of local incarceration, or a mandatory term	224
of imprisonment in a jail.	225

(3) The offender is not charged with a violation of section	226
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	227
with a violation of section 2925.03 of the Revised Code that is a	228
felony of the first, second, third, or fourth degree, and is not	229
charged with a violation of section 2925.11 of the Revised Code	230
that is a felony of the first, second, or third degree.	231

(4) If an offender alleges that drug or alcohol usage by the	232
offender was a factor leading to the criminal offense with which	233
the offender is charged, the court has ordered that the offender	234
be assessed by a program certified pursuant to section 3793.06 of	235
the Revised Code or a properly credentialed professional for the	236
purpose of determining the offender's eligibility for intervention	237
in lieu of conviction and recommending an appropriate intervention	238
plan, the offender has been assessed by a program of that nature	239
or a properly credentialed professional in accordance with the	240
court's order, and the program or properly credentialed	241
professional has filed the written assessment of the offender with	242
the court.	243

(5) If an offender alleges that, at the time of committing	244
the criminal offense with which the offender is charged, the	245
offender had a mental illness or was a person with intellectual	246
disability and that the mental illness or status as a person with	247
intellectual disability was a factor leading to that offense, the	248
offender has been assessed by a psychiatrist, psychologist,	249
independent social worker, or professional clinical counselor for	250
the purpose of determining the offender's eligibility for	251
intervention in lieu of conviction and recommending an appropriate	252
intervention plan.	253

(6) The offender's drug usage, alcohol usage, mental illness,	254
or intellectual disability, whichever is applicable, was a factor	255
leading to the criminal offense with which the offender is	256
charged, intervention in lieu of conviction would not demean the	257
seriousness of the offense, and intervention would substantially	258
reduce the likelihood of any future criminal activity.	259

(7) The alleged victim of the offense was not sixty-five	260
years of age or older, permanently and totally disabled, under	261
thirteen years of age, or a peace officer engaged in the officer's	262
official duties at the time of the alleged offense.	263

(8) If the offender is charged with a violation of section	264
2925.24 of the Revised Code, the alleged violation did not result	265
in physical harm to any person, and the offender previously has	266
not been treated for drug abuse.	267

(9) The offender is willing to comply with all terms and	268
conditions imposed by the court pursuant to division (D) of this	269
section.	270

(10) The offender is not charged with an offense that would	271
result in the offender being disqualified under Chapter 4506. of	272
the Revised Code from operating a commercial motor vehicle or	273
would subject the offender to any other sanction under that	274
chapter.	275

(C) At the conclusion of a hearing held pursuant to division	276
(A) of this section, the court shall enter its determination as to	277
whether the offender is eligible for intervention in lieu of	278
conviction and as to whether to grant the offender's request. If	279
the court finds under division (B) of this section that the	280
offender is eligible for intervention in lieu of conviction and	281
grants the offender's request, the court shall accept the	282
offender's plea of guilty and waiver of the defendant's right to a	283
speedy trial, the preliminary hearing, the time period within	284
which the grand jury may consider an indictment against the	285
offender, and arraignment, unless the hearing, indictment, or	286
arraignment has already occurred. In addition, the court then may	287
stay all criminal proceedings and order the offender to comply	288
with all terms and conditions imposed by the court pursuant to	289
division (D) of this section. If the court finds that the offender	290
is not eligible or does not grant the offender's request, the	291
criminal proceedings against the offender shall proceed as if the	292
offender's request for intervention in lieu of conviction had not	293
been made.	294

(D) If the court grants an offender's request for	295
intervention in lieu of conviction, the court shall place the	296
offender under the general control and supervision of the county	297
probation department, the adult parole authority, or another	298
appropriate local probation or court services agency, if one	299
exists, as if the offender was subject to a community control	300
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	301
Revised Code. The court shall establish an intervention plan for	302
the offender. The terms and conditions of the intervention plan	303
shall require the offender, for at least one year from the date on	304
which the court grants the order of intervention in lieu of	305
conviction, to abstain from the use of illegal drugs and alcohol,	306
to participate in treatment and recovery support services, and to	307
submit to regular random testing for drug and alcohol use and may	308
include any other treatment terms and conditions, or terms and	309
conditions similar to community control sanctions, which may	310
include community service or restitution, that are ordered by the	311
court.	312

(E) If the court grants an offender's request for	313
intervention in lieu of conviction and the court finds that the	314
offender has successfully completed the intervention plan for the	315
offender, including the requirement that the offender abstain from	316
using illegal drugs and alcohol for a period of at least one year	317
from the date on which the court granted the order of intervention	318
in lieu of conviction, the requirement that the offender	319
participate in treatment and recovery support services, and all	320
other terms and conditions ordered by the court, the court shall	321
dismiss the proceedings against the offender. Successful	322
completion of the intervention plan and period of abstinence under	323
this section shall be without adjudication of guilt and is not a	324
criminal conviction for purposes of any disqualification or	325
disability imposed by law and upon conviction of a crime, and the	326
court may order the sealing of records related to the offense in	327
question in the manner provided in sections 2953.31 to 2953.36 of	328
the Revised Code.	329

(F) If the court grants an offender's request for	330
intervention in lieu of conviction and the offender fails to	331
comply with any term or condition imposed as part of the	332
intervention plan for the offender, the supervising authority for	333
the offender promptly shall advise the court of this failure, and	334
the court shall hold a hearing to determine whether the offender	335
failed to comply with any term or condition imposed as part of the	336
plan. If the court determines that the offender has failed to	337
comply with any of those terms and conditions, it shall enter a	338
finding of guilty and shall impose an appropriate sanction under	339
Chapter 2929. of the Revised Code. If the court sentences the	340
offender to a prison term, the court, after consulting with the	341
department of rehabilitation and correction regarding the	342
availability of services, may order continued court-supervised	343
activity and treatment of the offender during the prison term and,	344
upon consideration of reports received from the department	345
concerning the offender's progress in the program of activity and	346
treatment, may consider judicial release under section 2929.20 of	347
the Revised Code.	348

(G) As used in this section:

349

(1) "Community control sanction" has the same meaning as in	350
section 2929.01 of the Revised Code.	351

(2) "Intervention in lieu of conviction" means any	352
court-supervised activity that complies with this section.	353

(3) "Peace officer" has the same meaning as in section	354
2935.01 of the Revised Code.	355

(4) "Mental illness" and "psychiatrist" have the same	356
meanings as in section 5122.01 of the Revised Code.	357

(5) "Person with intellectual disability" means a person	358
having significantly subaverage general intellectual functioning	359
existing concurrently with deficiencies in adaptive behavior,	360
manifested during the developmental period.	361

(6) "Psychologist" has the same meaning as in section 4732.01	362
of the Revised Code.	363

(H) Whenever the term "mentally retarded person" is used in	364
any statute, rule, contract, grant, or other document, the	365
reference shall be deemed to include a "person with intellectual	366
disability," as defined in this section.	367

Sec. 4506.01.  As used in this chapter:

368

(A) "Alcohol concentration" means the concentration of	369
alcohol in a person's blood, breath, or urine. When expressed as a	370
percentage, it means grams of alcohol per the following:	371

(1) One hundred milliliters of whole blood, blood serum, or	372
blood plasma;	373

(2) Two hundred ten liters of breath;

374

(3) One hundred milliliters of urine.

375

(B) "Commercial driver's license" means a license issued in	376
accordance with this chapter that authorizes an individual to	377
drive a commercial motor vehicle.	378

(C) "Commercial driverdriver's license information system"	379
means the information system established pursuant to the	380
requirements of the "Commercial Motor Vehicle Safety Act of 1986,"	381
100 Stat. 3207-171, 49 U.S.C.A. App. 2701.	382

(D) Except when used in section 4506.25 of the Revised Code,	383
"commercial motor vehicle" means any motor vehicle designed or	384
used to transport persons or property that meets any of the	385
following qualifications:	386

(1) Any combination of vehicles with a combined gross vehicle	387
weight rating of twenty-six thousand one pounds or more, provided	388
the gross vehicle weight rating of the vehicle or vehicles being	389
towed is in excess of ten thousand pounds;	390

(2) Any single vehicle with a gross vehicle weight rating of	391
twenty-six thousand one pounds or more, or any such vehicle towing	392
a vehicle having a gross vehicle weight rating that is not in	393
excess of ten thousand pounds;	394

(3) Any single vehicle or combination of vehicles that is not	395
a class A or class B vehicle, but is designed to transport sixteen	396
or more passengers including the driver;	397

(4) Any school bus with a gross vehicle weight rating of less	398
than twenty-six thousand one pounds that is designed to transport	399
fewer than sixteen passengers including the driver;	400

(5) Is transporting hazardous materials for which placarding	401
is required under subpart F of 49 C.F.R. part 172, as amended;	402

(6) Any single vehicle or combination of vehicles that is	403
designed to be operated and to travel on a public street or	404
highway and is considered by the federal motor carrier safety	405
administration to be a commercial motor vehicle, including, but	406
not limited to, a motorized crane, a vehicle whose function is to	407
pump cement, a rig for drilling wells, and a portable crane.	408

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

409

(1) Any substance classified as a controlled substance under	410
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	411
802(6), as amended;	412

(2) Any substance included in schedules I through V of 21	413
C.F.R. part 1308, as amended;	414

(3) Any drug of abuse.

415

(F) "Conviction" means an unvacated adjudication of guilt or	416
a determination that a person has violated or failed to comply	417
with the law in a court of original jurisdiction or an authorized	418
administrative tribunal, an unvacated forfeiture of bail or	419
collateral deposited to secure the person's appearance in court, a	420
plea of guilty or nolo contendere accepted by the court, the	421
payment of a fine or court cost, or violation of a condition of	422
release without bail, regardless of whether or not the penalty is	423
rebated, suspended, or probated.	424

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

425

(1) The suspension, revocation, or cancellation of a person's	426
privileges to operate a commercial motor vehicle;	427

(2) Any withdrawal of a person's privileges to operate a	428
commercial motor vehicle as the result of a violation of state or	429
local law relating to motor vehicle traffic control other than	430
parking, vehicle weight, or vehicle defect violations;	431

(3) A determination by the federal motor carrier safety	432
administration that a person is not qualified to operate a	433
commercial motor vehicle under 49 C.F.R. 391.	434

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

435

(1) A change in the commercial driver's license holder's	436
self-certified status as described in division (A)(2) of section	437
4506.10 of the Revised Code;	438

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

439

(3) Removal of commercial driver's license privileges from	440
the individual's driver's license.	441

(I) "Drive" means to drive, operate, or be in physical	442
control of a motor vehicle.	443

(I)(J) "Driver" means any person who drives, operates, or is	444
in physical control of a commercial motor vehicle or is required	445
to have a commercial driver's license.	446

(J)(K) "Driver's license" means a license issued by the	447
bureau of motor vehicles that authorizes an individual to drive.	448

(K)(L) "Drug of abuse" means any controlled substance,	449
dangerous drug as defined in section 4729.01 of the Revised Code,	450
or over-the-counter medication that, when taken in quantities	451
exceeding the recommended dosage, can result in impairment of	452
judgment or reflexes.	453

(L)(M) "Electronic device" includes a cellular telephone, a	454
personal digital assistant, a pager, a computer, and any other	455
device used to input, write, send, receive, or read text.	456

(N) "Eligible unit of local government" means a village,	457
township, or county that has a population of not more than three	458
thousand persons according to the most recent federal census.	459

(M)(O) "Employer" means any person, including the federal	460
government, any state, and a political subdivision of any state,	461
that owns or leases a commercial motor vehicle or assigns a person	462
to drive such a motor vehicle.	463

(N)(P) "Endorsement" means an authorization on a person's	464
commercial driver's license that is required to permit the person	465
to operate a specified type of commercial motor vehicle.	466

(O)(Q) "Farm truck" means a truck controlled and operated by	467
a farmer for use in the transportation to or from a farm, for a	468
distance of not more than one hundred fifty miles, of products of	469
the farm, including livestock and its products, poultry and its	470
products, floricultural and horticultural products, and in the	471
transportation to the farm, from a distance of not more than one	472
hundred fifty miles, of supplies for the farm, including tile,	473
fence, and every other thing or commodity used in agricultural,	474
floricultural, horticultural, livestock, and poultry production,	475
and livestock, poultry, and other animals and things used for	476
breeding, feeding, or other purposes connected with the operation	477
of the farm, when the truck is operated in accordance with this	478
division and is not used in the operations of a motor	479
transportation company or private motor carrier.	480

(P)(R) "Fatality" means the death of a person as the result	481
of a motor vehicle accident occurring not more than three hundred	482
sixty-five days prior to the date of death.	483

(Q)(S) "Felony" means any offense under federal or state law	484
that is punishable by death or specifically classified as a felony	485
under the law of this state, regardless of the penalty that may be	486
imposed.	487

(R)(T) "Foreign jurisdiction" means any jurisdiction other	488
than a state.	489

(S)(U) "Gross vehicle weight rating" means the value	490
specified by the manufacturer as the maximum loaded weight of a	491
single or a combination vehicle. The gross vehicle weight rating	492
of a combination vehicle is the gross vehicle weight rating of the	493
power unit plus the gross vehicle weight rating of each towed	494
unit.	495

(T)(V) "Hazardous materials" means any material that has been	496
designated as hazardous under 49 U.S.C. 5103 and is required to be	497
placarded under subpart F of 49 C.F.R. part 172 or any quantity of	498
a material listed as a select agent or toxin in 42 C.F.R. part 73,	499
as amended.	500

(U)(W) "Imminent hazard" means the existence of a condition	501
that presents a substantial likelihood that death, serious	502
illness, severe personal injury, or a substantial endangerment to	503
health, property, or the environment may occur before the	504
reasonably foreseeable completion date of a formal proceeding	505
begun to lessen the risk of that death, illness, injury, or	506
endangerment.	507

(V)(X) "Medical variance" means one of the following received	508
by a driver from the federal motor carrier safety administration	509
that allows the driver to be issued a medical certificate:	510

(1) An exemption letter permitting operation of a commercial	511
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;	512

(2) A skill performance evaluation certificate permitting	513
operation of a commercial motor vehicle pursuant to 49 C.F.R.	514
391.49.	515

(Y) "Motor vehicle" means a vehicle, machine, tractor,	516
trailer, or semitrailer propelled or drawn by mechanical power	517
used on highways, except that such term does not include a	518
vehicle, machine, tractor, trailer, or semitrailer operated	519
exclusively on a rail.	520

(W)(Z) "Out-of-service order" means a declaration by an	521
authorized enforcement officer of a federal, state, local,	522
Canadian, or Mexican jurisdiction declaring that a driver,	523
commercial motor vehicle, or commercial motor carrier operation is	524
out of service as defined in 49 C.F.R. 390.5.	525

(X)(AA) "Peace officer" has the same meaning as in section	526
2935.01 of the Revised Code.	527

(Y)(BB) "Portable tank" means a liquid or gaseous packaging	528
designed primarily to be loaded onto or temporarily attached to a	529
vehicle and equipped with skids, mountings, or accessories to	530
facilitate handling of the tank by mechanical means.	531

(Z)(CC) "Public safety vehicle" has the same meaning as in	532
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	533

(AA)(DD) "Recreational vehicle" includes every vehicle that	534
is defined as a recreational vehicle in section 4501.01 of the	535
Revised Code and is used exclusively for purposes other than	536
engaging in business for profit.	537

(BB)(EE) "Residence" means any person's residence determined	538
in accordance with standards prescribed in rules adopted by the	539
registrar.	540

(CC)(FF) "School bus" has the same meaning as in section	541
4511.01 of the Revised Code.	542

(DD)(GG) "Serious traffic violation" means aany of the	543
following:	544

(1) A conviction arising from a single charge of operating a	545
commercial motor vehicle in violation of any provision of section	546
4506.03 of the Revised Code or a;	547

(2) A violation while operating a commercial motor vehicle of	548
a law of this state, or any municipal ordinance or county or	549
township resolution prohibiting texting while driving, or any	550
other substantially similar law of another state or political	551
subdivision of another state;	552

(3) A conviction arising from the operation of any motor	553
vehicle that involves any of the following:	554

(1)(a) A single charge of any speed in excess of the posted	555
speed limit by fifteen miles per hour or more;	556

(2)(b) Violation of section 4511.20 or 4511.201 of the	557
Revised Code or any similar ordinance or resolution, or of any	558
similar law of another state or political subdivision of another	559
state;	560

(3)(c) Violation of a law of this state or an ordinance or	561
resolution relating to traffic control, other than a parking	562
violation, or of any similar law of another state or political	563
subdivision of another state, that results in a fatal accident;	564

(4)(d) Violation of section 4506.03 of the Revised Code or a	565
substantially similar municipal ordinance or county or township	566
resolution, or of any similar law of another state or political	567
subdivision of another state, that involves the operation of a	568
commercial motor vehicle without a valid commercial driver's	569
license with the proper class or endorsement for the specific	570
vehicle group being operated or for the passengers or type of	571
cargo being transported;	572

(5)(e) Violation of section 4506.03 of the Revised Code or a	573
substantially similar municipal ordinance or county or township	574
resolution, or of any similar law of another state or political	575
subdivision of another state, that involves the operation of a	576
commercial motor vehicle without a valid commercial driver's	577
license being in the person's possession;	578

(6)(f) Violation of section 4511.33 or 4511.34 of the Revised	579
Code, or any municipal ordinance or county or township resolution	580
substantially similar to either of those sections, or any	581
substantially similar law of another state or political	582
subdivision of another state;	583

(7)(g) Violation of any other law of this state or an	584
ordinance or resolution relating to traffic control, other than a	585
parking violation, that is determined to be a serious traffic	586
violation by the United States secretary of transportation and the	587
director designates as such by rule.	588

(EE)(HH) "State" means a state of the United States and	589
includes the District of Columbia.	590

(FF)(II) "Tank vehicle" means any commercial motor vehicle	591
that is designed to transport any liquid and has a maximum	592
capacity greater than one hundred nineteen gallons or is designed	593
to transport gaseous materials and has a water capacity greater	594
than one thousand pounds within a tank that is either permanently	595
or temporarily attached to the vehicle or its chassis. "Tank	596
vehicle" does not include any of the following:	597

(1) Any portable tank having a rated capacity of less than	598
one thousand gallons;	599

(2) Tanks used exclusively as a fuel tank for the motor	600
vehicle to which it is attached;	601

(3) An empty storage container tank that is not designed for	602
transportation and that is readily distinguishable from a	603
transportation tank;	604

(4) Ready-mix concrete mixers.

605

(GG)(JJ) "Tester" means a person or entity acting pursuant to	606
a valid agreement entered into pursuant to division (B) of section	607
4506.09 of the Revised Code.	608

(HH)(KK) "Texting" means manually entering alphanumeric text	609
into, or reading text from, an electronic device. Texting includes	610
short message service, e-mail, instant messaging, a command or	611
request to access a world wide web page, or engaging in any other	612
form of electronic text retrieval or entry, for present or future	613
communication. Texting does not include the following:	614

(1) Reading, selecting, or entering a telephone number, an	615
extension number, or voicemail retrieval codes and commands into	616
an electronic device for the purpose of initiating or receiving a	617
telephone call or using voice commands to initiate or receive a	618
telephone call;	619

(2) Inputting, selecting, or reading information on a global	620
positioning system or navigation system.	621

(LL) "Texting while driving" means texting while operating a	622
commercial motor vehicle, with the motor running, including while	623
temporarily stationary because of traffic, a traffic control	624
device, or other momentary delays, but does not include operating	625
a commercial motor vehicle with or without the motor running when	626
the driver has moved the vehicle to the side of, or off, a highway	627
and is stopped in a location where the vehicle can safely remain	628
stationary.	629

(MM) "United States" means the fifty states and the District	630
of Columbia.	631

(II)(NN) "Upgrade" means a change in the class of vehicles,	632
endorsements, or self-certified status as described in division	633
(A)(2) of section 4506.10 of the Revised Code, that expands the	634
ability of a current commercial driver's license holder to operate	635
commercial motor vehicles under this chapter;	636

(OO) "Vehicle" has the same meaning as in section 4511.01 of	637
the Revised Code.	638

Sec. 4506.05.  (A) Notwithstanding any other provision of	639
law, a person may drive a commercial motor vehicle on a highway in	640
this state if all of the following conditions are met:	641

(1) The person has a valid commercial driver's license or	642
commercial driver's license temporary instruction permit issued by	643
any state or jurisdiction in accordance with the minimum standards	644
adopted by the federal motor carrier safety administration under	645
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	646
3207-171, 49 U.S.C.A. App. for issuance of commercial drivers'	647
driver's licenses;	648

(2) The person's commercial driver's license or permit is not	649
suspended, revoked, or canceled;	650

(3) The person is not disqualified from driving a commercial	651
motor vehicle;	652

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

653

(5) The person is medically certified as physically qualified	654
to operate a commercial motor vehicle in accordance with this	655
chapter and is able to verify the medical certification when on	656
duty as follows:	657

(a) Prior to January 30, 2012, the person shall have in the	658
person's possession the original or copy of the person's current	659
medical examiner's certificate when on duty.	660

(b) On or after January 30, 2012:

661

(i) A person who submitted a medical examiner's certificate	662
to the registrar in accordance with division (A)(2) of section	663
4506.10 of the Revised Code and whose medical certification	664
information is maintained in the commercial driver's license	665
information system is not required to have the medical examiner's	666
certificate in the person's possession when on duty.	667

(ii) A person whose medical certification information is not	668
maintained in the commercial driver's license information system	669
is required to have in the person's possession when on duty the	670
original or copy of a current medical examiner's certificate that	671
was issued prior to January 30, 2012, except that after January	672
30, 2014, such person is required to have in the person's	673
possession when on duty, the original or a copy of the current	674
medical examiner's certificate that was submitted to the	675
registrar, but the person may operate a commercial motor vehicle	676
with such proof of medical certification for not more than fifteen	677
days after the date the current medical examiner's certificate was	678
issued to the person.	679

(iii) A person who has a medical variance shall have in the	680
person's possession the original or copy of the medical variance	681
documentation at all times while on duty.	682

(B) Whoever violates this section is guilty of a misdemeanor	683
of the first degree.	684

Sec. 4506.07.  (A) Every application for a commercial	685
driver's license, restricted commercial driver's license, or a	686
commercial driver's temporary instruction permit, or a duplicate	687
of such a license, shall be made upon a form approved and	688
furnished by the registrar of motor vehicles. Except as provided	689
in section 4506.24 of the Revised Code in regard to a restricted	690
commercial driver's license, the application shall be signed by	691
the applicant and shall contain the following information:	692

(1) The applicant's name, date of birth, social security	693
account number, sex, general description including height, weight,	694
and color of hair and eyes, current residence, duration of	695
residence in this state, country of citizenship, and occupation;	696

(2) Whether the applicant previously has been licensed to	697
operate a commercial motor vehicle or any other type of motor	698
vehicle in another state or a foreign jurisdiction and, if so,	699
when, by what state, and whether the license or driving privileges	700
currently are suspended or revoked in any jurisdiction, or the	701
applicant otherwise has been disqualified from operating a	702
commercial motor vehicle, or is subject to an out-of-service order	703
issued under this chapter or any similar law of another state or a	704
foreign jurisdiction and, if so, the date of, locations involved,	705
and reason for the suspension, revocation, disqualification, or	706
out-of-service order;	707

(3) Whether the applicant is afflicted with or suffering from	708
any physical or mental disability or disease that prevents the	709
applicant from exercising reasonable and ordinary control over a	710
motor vehicle while operating it upon a highway or is or has been	711
subject to any condition resulting in episodic impairment of	712
consciousness or loss of muscular control and, if so, the nature	713
and extent of the disability, disease, or condition, and the names	714
and addresses of the physicians attending the applicant;	715

(4) Whether the applicant has obtained a medical examiner's	716
certificate as required by this chapter and, beginning January 30,	717
2012, the applicant, prior to or at the time of applying, has	718
self-certified to the registrar the applicable status of the	719
applicant under division (A)(2) of section 4506.10 of the Revised	720
Code;	721

(5) Whether the applicant has pending a citation for	722
violation of any motor vehicle law or ordinance except a parking	723
violation and, if so, a description of the citation, the court	724
having jurisdiction of the offense, and the date when the offense	725
occurred;	726

(6) Whether the applicant wishes to certify willingness to	727
make an anatomical gift under section 2108.05 of the Revised Code,	728
which shall be given no consideration in the issuance of a	729
license;	730

(7) On and after May 1, 1993, whether the applicant has	731
executed a valid durable power of attorney for health care	732
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	733
executed a declaration governing the use or continuation, or the	734
withholding or withdrawal, of life-sustaining treatment pursuant	735
to sections 2133.01 to 2133.15 of the Revised Code and, if the	736
applicant has executed either type of instrument, whether the	737
applicant wishes the license issued to indicate that the applicant	738
has executed the instrument;	739

(8) On and after October 7, 2009, whether the applicant is a	740
veteran, active duty, or reservist of the armed forces of the	741
United States and, if the applicant is such, whether the applicant	742
wishes the license issued to indicate that the applicant is a	743
veteran, active duty, or reservist of the armed forces of the	744
United States by a military designation on the license.	745

(B) Every applicant shall certify, on a form approved and	746
furnished by the registrar, all of the following:	747

(1) That the motor vehicle in which the applicant intends to	748
take the driving skills test is representative of the type of	749
motor vehicle that the applicant expects to operate as a driver;	750

(2) That the applicant is not subject to any disqualification	751
or out-of-service order, or license suspension, revocation, or	752
cancellation, under the laws of this state, of another state, or	753
of a foreign jurisdiction and does not have more than one driver's	754
license issued by this or another state or a foreign jurisdiction;	755

(3) Any additional information, certification, or evidence	756
that the registrar requires by rule in order to ensure that the	757
issuance of a commercial driver's license to the applicant is in	758
compliance with the law of this state and with federal law.	759

(C) Every applicant shall execute a form, approved and	760
furnished by the registrar, under which the applicant consents to	761
the release by the registrar of information from the applicant's	762
driving record.	763

(D) The registrar or a deputy registrar, in accordance with	764
section 3503.11 of the Revised Code, shall register as an elector	765
any applicant for a commercial driver's license or for a renewal	766
or duplicate of such a license under this chapter, if the	767
applicant is eligible and wishes to be registered as an elector.	768
The decision of an applicant whether to register as an elector	769
shall be given no consideration in the decision of whether to	770
issue the applicant a license or a renewal or duplicate.	771

(E) The registrar or a deputy registrar, in accordance with	772
section 3503.11 of the Revised Code, shall offer the opportunity	773
of completing a notice of change of residence or change of name to	774
any applicant for a commercial driver's license or for a renewal	775
or duplicate of such a license who is a resident of this state, if	776
the applicant is a registered elector who has changed the	777
applicant's residence or name and has not filed such a notice.	778

(F) In considering any application submitted pursuant to this	779
section, the bureau of motor vehicles may conduct any inquiries	780
necessary to ensure that issuance or renewal of a commercial	781
driver's license would not violate any provision of the Revised	782
Code or federal law.	783

(G) In addition to any other information it contains, on and	784
after October 7, 2009, the form approved and furnished by the	785
registrar of motor vehicles for an application for a commercial	786
driver's license, restricted commercial driver's license, or a	787
commercial driver's temporary instruction permit or an application	788
for a duplicate of such a license shall inform applicants that the	789
applicant must present a copy of the applicant's DD-214 or an	790
equivalent document in order to qualify to have the license or	791
duplicate indicate that the applicant is a veteran, active duty,	792
or reservist of the armed forces of the United States based on a	793
request made pursuant to division (A)(8) of this section.	794

Sec. 4506.09.  (A) The registrar of motor vehicles, subject	795
to approval by the director of public safety, shall adopt rules	796
conforming with applicable standards adopted by the federal motor	797
carrier safety administration as regulations under Pub. L. No.	798
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	799
31317. The rules shall establish requirements for the	800
qualification and testing of persons applying for a commercial	801
driver's license, which shall be in addition to other requirements	802
established by this chapter. Except as provided in division (B) of	803
this section, the highway patrol or any other employee of the	804
department of public safety the registrar authorizes shall	805
supervise and conduct the testing of persons applying for a	806
commercial driver's license.	807

(B) The director may adopt rules, in accordance with Chapter	808
119. of the Revised Code and applicable requirements of the	809
federal motor carrier safety administration, authorizing the	810
skills test specified in this section to be administered by any	811
person, by an agency of this or another state, or by an agency,	812
department, or instrumentality of local government. Each party	813
authorized under this division to administer the skills test may	814
charge a maximum divisible fee of eighty-five dollars for each	815
skills test given as part of a commercial driver's license	816
examination. The fee shall consist of not more than twenty dollars	817
for the pre-trip inspection portion of the test, not more than	818
twenty dollars for the off-road maneuvering portion of the test,	819
and not more than forty-five dollars for the on-road portion of	820
the test. Each such party may require an appointment fee in the	821
same manner provided in division (E)(F)(2) of this section, except	822
that the maximum amount such a party may require as an appointment	823
fee is eighty-five dollars. The skills test administered by	824
another party under this division shall be the same as otherwise	825
would be administered by this state. The other party shall enter	826
into an agreement with the director that, without limitation, does	827
all of the following:	828

(1) Allows the director or the director's representative and	829
the federal motor carrier safety administration or its	830
representative to conduct random examinations, inspections, and	831
audits of the other party without prior notice;	832

(2) Requires the director or the director's representative to	833
conduct on-site inspections of the other party at least annually;	834

(3) Requires that all examiners of the other party meet the	835
same qualification and training standards as examiners of the	836
department of public safety, to the extent necessary to conduct	837
skills tests in the manner required by 49 C.F.R. 383.110 through	838
383.135;	839

(4) Requires either that state employees take, at least	840
annually and as though the employees were test applicants, the	841
tests actually administered by the other party, that the director	842
test a sample of drivers who were examined by the other party to	843
compare the test results, or that state employees accompany a test	844
applicant during an actual test;	845

(5) Reserves to this state the right to take prompt and	846
appropriate remedial action against testers of the other party if	847
the other party fails to comply with standards of this state or	848
federal standards for the testing program or with any other terms	849
of the contract.	850

(C) The director shall enter into an agreement with the	851
department of education authorizing the skills test specified in	852
this section to be administered by the department at any location	853
operated by the department for purposes of training and testing	854
school bus drivers, provided that the agreement between the	855
director and the department complies with the requirements of	856
division (B) of this section. Skills tests administered by the	857
department shall be limited to persons applying for a commercial	858
driver's license with a school bus endorsement.	859

(D) The director shall adopt rules, in accordance with	860
Chapter 119. of the Revised Code, authorizing waiver of the skills	861
test specified in this section for any applicant for a commercial	862
driver's license who meets all of the following requirements:	863

(1) Certifies that, during the two-year period immediately	864
preceding application for a commercial driver's license, all of	865
the following apply:	866

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

867

(b) The applicant has not had any license suspended, revoked,	868
or canceled.	869

(c) The applicant has not had any convictions for any type of	870
motor vehicle for the offenses for which disqualification is	871
prescribed in section 4506.16 of the Revised Code.	872

(d) The applicant has not had any violation of a state or	873
local law relating to motor vehicle traffic control other than a	874
parking violation arising in connection with any traffic accident	875
and has no record of an accident in which the applicant was at	876
fault.	877

(e) The applicant has previously taken and passed a skills	878
test given by a state with a classified licensing and testing	879
system in which the test was behind-the-wheel in a representative	880
vehicle for the applicant's commercial driver's license	881
classification.	882

(2) Certifies and also provides evidence that the applicant	883
is regularly employed in a job requiring operation of a commercial	884
motor vehicle and that one of the following applies:	885

(a) The applicant has previously taken and passed a skills	886
test given by a state with a classified licensing and testing	887
system in which the test was behind-the-wheel in a representative	888
vehicle for the applicant's commercial driver's license	889
classification.	890

(b) The applicant has regularly operated, for at least two	891
years immediately preceding application for a commercial driver's	892
license, a vehicle representative of the commercial motor vehicle	893
the applicant operates or expects to operate.	894

(E) The director shall adopt rules, in accordance with	895
Chapter 119. of the Revised Code, authorizing waiver of the skills	896
test specified in this section for any applicant for a commercial	897
driver's license who meets all of the following requirements:	898

(1) At the time of applying, is a member or uniformed	899
employee of the armed forces of the United States or their reserve	900
components, including the Ohio national guard, or separated from	901
such service or employment within the preceding ninety days;	902

(2) Certifies that, during the two-year period immediately	903
preceding application for a commercial driver's license, all of	904
the following apply:	905

(a) The applicant has not had more than one license,	906
excluding any military license.	907

(b) The applicant has not had any license suspended, revoked,	908
or canceled.	909

(c) The applicant has not had any convictions for any type of	910
motor vehicle for the offenses for which disqualification is	911
prescribed in section 4506.16 of the Revised Code.	912

(d) The applicant has not had more than one conviction for	913
any type of motor vehicle for a serious traffic violation.	914

(e) The applicant has not had any violation of a state or	915
local law relating to motor vehicle traffic control other than a	916
parking violation arising in connection with any traffic accident	917
and has no record of an accident in which the applicant was at	918
fault.	919

(3) In accordance with rules adopted by the director,	920
certifies and also provides evidence of all of the following:	921

(a) That the applicant is regularly employed or was regularly	922
employed within the preceding ninety days in a military position	923
requiring operation of a commercial motor vehicle;	924

(b) That the applicant was exempt from the requirements of	925
this chapter under division (B)(6) of section 4506.03 of the	926
Revised Code;	927

(c) That, for at least two years immediately preceding the	928
date of application or at least two years immediately preceding	929
the date the applicant separated from military service or	930
employment, the applicant regularly operated a vehicle	931
representative of the commercial motor vehicle type that the	932
applicant operates or expects to operate.	933

(F)(1) The department of public safety may charge and collect	934
a divisible fee of fifty dollars for each skills test given as	935
part of a commercial driver's license examination. The fee shall	936
consist of ten dollars for the pre-trip inspection portion of the	937
test, ten dollars for the off-road maneuvering portion of the	938
test, and thirty dollars for the on-road portion of the test.	939

(2) The director may require an applicant for a commercial	940
driver's license who schedules an appointment with the highway	941
patrol or other authorized employee of the department of public	942
safety to take all portions of the skills test, to pay an	943
appointment fee of fifty dollars at the time of scheduling the	944
appointment. If the applicant appears at the time and location	945
specified for the appointment and takes all portions of the skills	946
test during that appointment, the appointment fee shall serve as	947
the skills test fee. If the applicant schedules an appointment to	948
take all portions of the skills test and fails to appear at the	949
time and location specified for the appointment, no portion of the	950
appointment fee shall be refunded. If the applicant schedules an	951
appointment to take all portions of the skills test and appears at	952
the time and location specified for the appointment, but declines	953
or is unable to take all portions of the skills test, no portion	954
of the appointment fee shall be refunded. If the applicant cancels	955
a scheduled appointment forty-eight hours or more prior to the	956
time of the appointment time, the applicant shall not forfeit the	957
appointment fee.	958

An applicant for a commercial driver's license who schedules	959
an appointment to take one or more, but not all, portions of the	960
skills test shall be required to pay an appointment fee equal to	961
the costs of each test scheduled, as prescribed in division	962
(E)(F)(1) of this section, when scheduling such an appointment. If	963
the applicant appears at the time and location specified for the	964
appointment and takes all the portions of the skills test during	965
that appointment that the applicant was scheduled to take, the	966
appointment fee shall serve as the skills test fee. If the	967
applicant schedules an appointment to take one or more, but not	968
all, portions of the skills test and fails to appear at the time	969
and location specified for the appointment, no portion of the	970
appointment fee shall be refunded. If the applicant schedules an	971
appointment to take one or more, but not all, portions of the	972
skills test and appears at the time and location specified for the	973
appointment, but declines or is unable to take all portions of the	974
skills test that the applicant was scheduled to take, no portion	975
of the appointment fee shall be refunded. If the applicant cancels	976
a scheduled appointment forty-eight hours or more prior to the	977
time of the appointment time, the applicant shall not forfeit the	978
appointment fee.	979

(3) The department of public safety shall deposit all fees it	980
collects under division (E)(F) of this section in the state	981
highway safety fund.	982

(F)(G) As used in this section, "skills test" means a test of	983
an applicant's ability to drive the type of commercial motor	984
vehicle for which the applicant seeks a commercial driver's	985
license by having the applicant drive such a motor vehicle while	986
under the supervision of an authorized state driver's license	987
examiner or tester.	988

Sec. 4506.10.  (A) No person who holds a valid commercial	989
driver's license shall drive a commercial motor vehicle unless the	990
person is physically qualified to do so. Each	991

(1) Prior to January 30, 2012, each person who drives or	992
expects to drive a commercial motor vehicle in interstate or	993
foreign commerce or is otherwise subject to 49 C.F.R. 391, et	994
seq., as amended, shall certify to the registrar of motor vehicles	995
at the time of application for a commercial driver's license that	996
the person is in compliance with these standards. Any person who	997
is not subject to 49 C.F.R. 391, et seq., as amended, also shall	998
certify at the time of application that the person is not subject	999
to these standards.	1000

(2) Beginning on January 30, 2012, any person applying for a	1001
commercial driver's license, renewing of a commercial driver's	1002
license, or transferring a commercial driver's license from out of	1003
state shall self-certify to the registrar for purposes of 49	1004
C.F.R. 383.71, one of the following in regard to the applicant's	1005
operation of a commercial motor vehicle, as applicable:	1006

(a)(i) If the applicant operates or expects to operate a	1007
commercial motor vehicle in interstate or foreign commerce and is	1008
subject to and meets the requirements under 49 C.F.R. part 391,	1009
the applicant shall self-certify that the applicant is	1010
non-excepted interstate and shall provide the registrar with the	1011
original or a copy of a medical examiner's certificate and each	1012
subsequently issued medical examiner's certificate prepared by a	1013
qualified medical examiner to maintain a medically certified	1014
status on the applicant's commercial driver licensing system	1015
driver record;	1016

(ii) If the applicant operates or expects to operate a	1017
commercial motor vehicle in interstate commerce, but engages in	1018
transportation or operations excepted under 49 C.F.R. 390.3(f),	1019
391.2, 391.68, or 398.3 from all or parts of the qualification	1020
requirements of 49 C.F.R. part 391, the applicant shall	1021
self-certify that the applicant is excepted interstate and is not	1022
required to obtain a medical examiner's certificate;	1023

(b)(i) If the applicant operates only in intrastate commerce	1024
and is subject to state driver qualification requirements, the	1025
applicant shall self-certify that the applicant is non-excepted	1026
intrastate;	1027

(ii) If the applicant operates only in intrastate commerce	1028
and is excepted from all or parts of the state driver	1029
qualification requirements, the applicant shall self-certify that	1030
the applicant is excepted intrastate.	1031

(3) Notwithstanding the expiration date on a person's	1032
commercial driver's license, every commercial driver's license	1033
holder shall provide the registrar with the certification required	1034
by this section, on or after January 30, 2012, but prior to	1035
January 30, 2014.	1036

(B) A person is qualified to drive a school bus if the person	1037
holds a valid commercial driver's license along with the proper	1038
endorsements, and if the person has been certified as medically	1039
qualified in accordance with rules adopted by the department of	1040
education.	1041

(C)(1) Except as provided in division (C)(2) of this section,	1042
any medical examination required by this section shall be	1043
performed only by one of the following:	1044

(a) A person licensed under Chapter 4731. of the Revised Code	1045
to practice medicine or surgery or osteopathic medicine and	1046
surgery in this state, or licensed under any similar law of	1047
another state;	1048

(b) A physician assistant who is authorized by the	1049
supervising physician to perform such a medical examination;	1050

(c) A certified nurse practitioner, a clinical nurse	1051
specialist, or a certified nurse-midwife;	1052

(d) A doctor of chiropractic.

1053

(2) Any part of an examination required by this section that	1054
pertains to visual acuity, field of vision, and the ability to	1055
recognize colors may be performed by a person licensed under	1056
Chapter 4725. of the Revised Code to practice optometry in this	1057
state, or licensed under any similar law of another state.	1058

(3) Any written documentation of a physical examination	1059
conducted pursuant to this section shall be completed by the	1060
individual who performed the examination on a form that	1061
substantially complies with the requirements of 49 C.F.R.	1062
391.43(h).	1063

(D) Whenever good cause appears, the registrar, upon issuing	1064
a commercial driver's license under this chapter, may impose	1065
restrictions suitable to the licensee's driving ability with	1066
respect to the type of motor vehicle or special mechanical control	1067
devices required on a motor vehicle that the licensee may operate,	1068
or such other restrictions applicable to the licensee as the	1069
registrar determines to be necessary.	1070

The registrar may either issue a special restricted license	1071
or may set forth upon the usual license form the restrictions	1072
imposed.	1073

The registrar, upon receiving satisfactory evidence of any	1074
violation of the restrictions of the license, may impose a class D	1075
license suspension of the license for the period of time specified	1076
in division (B)(4) of section 4510.02 of the Revised Code.	1077

The registrar, upon receiving satisfactory evidence that an	1078
applicant or holder of a commercial driver's license has violated	1079
division (A)(4) of section 4506.04 of the Revised Code and	1080
knowingly given false information in any application or	1081
certification required by section 4506.07 of the Revised Code,	1082
shall cancel the commercial driver's license of the person or any	1083
pending application from the person for a commercial driver's	1084
license or class D driver's license for a period of at least sixty	1085
days, during which time no application for a commercial driver's	1086
license or class D driver's license shall be received from the	1087
person.	1088

(E) Whoever violates this section is guilty of a misdemeanor	1089
of the first degree.	1090

Sec. 4506.101. Notwithstanding any provision of the Revised	1091
Code, the bureau of motor vehicles shall not issue or renew a	1092
commercial driver's license if issuance or renewal of the license	1093
would violate federal law. No person shall retain a commercial	1094
driver's license if the retention of the license would violate	1095
federal law.	1096

Sec. 4506.12.  (A) Commercial drivers'driver's licenses	1097
shall be issued in the following classes and shall include any	1098
endorsements and restrictions that are applicable. Subject to any	1099
such endorsements and restrictions, the holder of a valid	1100
commercial driver's license may drive all commercial motor	1101
vehicles in the class for which that license is issued and all	1102
lesser classes of vehicles, except that the holder shall not	1103
operate a motorcycle unless the holder is licensed to do so under	1104
Chapter 4507. of the Revised Code.	1105

(B) The classes of commercial drivers'driver's licenses and	1106
the commercial motor vehicles that they authorize the operation of	1107
are as follows:	1108

(1) Class A--any combination of vehicles with a combined	1109
gross vehicle weight rating of twenty-six thousand one pounds or	1110
more, if the gross vehicle weight rating of the vehicle or	1111
vehicles being towed is in excess of ten thousand pounds.	1112

(2) Class B--any single vehicle with a gross vehicle weight	1113
rating of twenty-six thousand one pounds or more or any such	1114
vehicle towing a vehicle having a gross vehicle weight rating that	1115
is not in excess of ten thousand pounds.	1116

(3) Class C--any single vehicle, or combination of vehicles,	1117
that is not a class A or class B vehicle, but that is designed to	1118
transport sixteen or more passengers, including the driver, or is	1119
transporting hazardous materials in an amount requiring	1120
placarding, or any school bus with a gross vehicle weight rating	1121
of less than twenty-six thousand one pounds that is designed to	1122
transport fewer than sixteen passengers including the driver.	1123

(C) The following endorsements and restrictions apply to	1124
commercial drivers' licenses:	1125

(1) H--authorizes the driver to drive a vehicle transporting	1126
hazardous materials in an amount requiring placarding;	1127

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

1128

(3) L--restricts the driver to vehicles not equipped with air	1129
brakes;	1130

(4) T--authorizes the driver to drive a vehicle configured	1131
with double or triple trailers that create more than one	1132
articulation point for the combination;	1133

(5) P--authorizes the driver to drive vehicles designed to	1134
transport sixteen or more passengers, including the driver;	1135

(6) P1--authorizes the driver to drive class A vehicles	1136
designed for fewer than sixteen passengers, including the driver,	1137
and all lesser classes of vehicles without restriction as to the	1138
designed passenger capacity of the vehicle;	1139

(7) P2--authorizes the driver to drive class A or B vehicles	1140
designed for fewer than sixteen passengers, including the driver,	1141
and all lesser classes of vehicles without restriction as to the	1142
designed passenger capacity of the vehicle;	1143

(8) P4--Restricts the driver to driving class C school buses	1144
designed to transport fewer than sixteen passengers including the	1145
driver.	1146

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

1147

(10) S--authorizes the driver to drive school buses	1148
transporting children;	1149

(11) X--authorizes the driver to drive tank vehicles	1150
transporting hazardous materials in a quantity requiring	1151
placarding;	1152

(12) W--restricts the driver to the operation of commercial	1153
motor vehicles in accordance with a waiver for farm-related	1154
service industries issued under section 4506.24 of the Revised	1155
Code;	1156

(13) V–-indicates the existence of a medical variance on the	1157
driver's commercial driver's license information system driver	1158
record.	1159

(D) In addition to any endorsement that otherwise may apply,	1160
a person who is engaged in the towing of a disabled or wrecked	1161
motor vehicle shall hold a commercial driver's license bearing any	1162
endorsement required to drive the towed vehicle except the driver	1163
is not required to have either of the following:	1164

(1) A passenger endorsement to tow an unoccupied passenger	1165
vehicle;	1166

(2) Any endorsement required for the wrecked or disabled	1167
vehicle when the driver initially removes a vehicle from the site	1168
of the emergency where the vehicle became wrecked or disabled to	1169
the nearest appropriate repair, disposal, or storage facility, as	1170
applicable.	1171

(E) No person shall drive any commercial motor vehicle for	1172
which an endorsement is required under this section unless the	1173
proper endorsement appears on the person's commercial driver's	1174
license.	1175

(F) Whoever violates this section is guilty of a misdemeanor	1176
of the first degree.	1177

Sec. 4506.13.  (A) The registrar of motor vehicles may	1178
authorize the highway patrol or any other employee of the	1179
department of public safety to issue an examiner's commercial	1180
examinations passed form to an applicant who has passed the	1181
required examinations. The examiner's commercial examinations	1182
passed form shall be used, once it has been validated, to indicate	1183
the examinations taken and passed by the commercial driver's	1184
license applicant.	1185

(B)(1) Before issuing, renewing, transferring, or upgrading a	1186
commercial driver's license, the registrar of motor vehicles shall	1187
obtain information about the applicant's driving record through	1188
the commercial driverdriver's license information system, the	1189
applicant's state of licensure, and when available, and the	1190
national driver register. IfIn addition, beginning January 30,	1191
2012, before issuing, renewing, transferring, or upgrading a	1192
commercial driver's license the registrar shall check the	1193
applicant's driver record to ensure that an applicant who	1194
self-certified under division (A)(2)(a)(i) of section 4506.10 of	1195
the Revised Code that the applicant's operation of a commercial	1196
motor vehicle is non-excepted interstate, is medically certified.	1197

(2) The registrar shall not issue, renew, upgrade, or	1198
transfer the applicant's commercial driver's license if any of the	1199
following apply:	1200

(a) The registrar obtains adverse information regarding the	1201
applicant's driving record.	1202

(b) There is no information regarding the driver's	1203
self-certification type as required by division (A)(2) of section	1204
4506.10 of the Revised Code.	1205

(c) The applicant's medical status is not certified, when	1206
required to be certified under division (A)(2)(a)(i) of section	1207
4506.10 of the Revised Code.	1208

(3) If the record check reveals information that the	1209
applicant claims is outdated, contested, or invalid, the registrar	1210
shall deny the application until the applicant can resolve the	1211
conflict.	1212

(C)(1) Within ten days after issuing a commercial driver's	1213
license, the registrar shall notify the commercial driverdriver's	1214
license information system, when available, of that fact and shall	1215
provide all information required to ensure identification of the	1216
licensee. If the registrar is notified that driver has been issued	1217
a medical variance, the registrar shall indicate the existence of	1218
the medical variance on the commercial driver's license holder's	1219
commercial driver's license information system driver record.	1220

(2) Beginning on January 30, 2012, the registrar shall do all	1221
of the following:	1222

(a) For those driver's self-certifying under division	1223
(A)(2)(a)(i) of section 4506.10 of the Revised Code as	1224
non-excepted interstate, post the applicant's medical status as	1225
certified or non-certified on the applicant's commercial driver's	1226
license information system driver record upon receiving a valid	1227
original or copy of the medical examiner's certificate;	1228

(b) Post the driver's self-certification type as set forth in	1229
division (A)(2) of section 4506.10 of the Revised Code;	1230

(c) Post information from the medical examiner's certificate,	1231
if applicable, on the commercial driver's license holder's	1232
commercial driver's license information system driver record	1233
within ten business days of issuing the commercial driver's	1234
license;	1235

(d) Retain the original or a copy of the commercial driver's	1236
license holder's medical certificate for a minimum of three years	1237
after the date the certificate was issued;	1238

(3) The registrar shall post and maintain as part of the	1239
commercial driver's license information system driver record all	1240
convictions, disqualifications, and other licensing actions for	1241
violations of any state or municipal ordinances related to motor	1242
vehicle traffic control, other than parking violations for all	1243
persons who hold a commercial driver's license or operate a motor	1244
vehicle for which a commercial driver's license is required.	1245

(4) Beginning January 30, 2014, the registrar shall post an	1246
applicant's status of medically non-certified on the applicant's	1247
commercial driver's license information system driver record and	1248
shall downgrade the commercial driver's license holder's	1249
commercial driver's license in accordance with division (D) of	1250
this section if either of the following applies:	1251

(a) The commercial driver's license holder fails to provide	1252
the driver's self-certification type as required by division	1253
(A)(2) of section 4506.10 of the Revised Code.	1254

(b) The commercial driver's license holder self-certifying	1255
under division (A)(2)(a)(i) of section 4506.10 of the Revised Code	1256
as non-excepted interstate fails to provide the registrar with a	1257
current medical examiner's certificate.	1258

(5) The registrar shall mark the commercial driver's license	1259
information system driver record as non-certified for any	1260
commercial driver's license holder who has not self-certified	1261
under division (A)(2) of section 4506.10 of the Revised Code by	1262
January 30, 2014 and shall initiate the commercial driver's	1263
license commercial driver's license downgrade procedures described	1264
in division (D) of this section.	1265

(6) Beginning on January 30, 2012, within ten days after a	1266
commercial driver's license holder's medical certification status	1267
expires or a medical variance expires or is rescinded, the	1268
registrar shall update the person's medical certification status	1269
to non-certified. Within ten calendar days after receiving	1270
information from the federal motor carrier safety administration	1271
regarding issuance or renewal of a medical variance for a driver,	1272
the registrar shall update the driver's commercial driver's	1273
license information system driver record to include the medical	1274
variance information provided by the federal motor carrier safety	1275
administration.	1276

(D) If a driver's medical certification or medical variance	1277
expires or the federal motor carrier safety administration	1278
notifies the registrar that a medical variance was removed or	1279
rescinded, the registrar shall do the following:	1280

(1) Send notice to the commercial driver's license holder of	1281
the holder's medically not certified status. The notice shall	1282
inform the driver that the driver's commercial driver's license	1283
privileges will be removed unless the driver resolves the medical	1284
certification or medical variance defect by submitting a current	1285
medical certificate or medical variance, as applicable, or	1286
changing the driver's self-certification under division (A)(2) of	1287
section 4506.10 of the Revised Code to driving only in excepted	1288
interstate or excepted intrastate commerce within sixty days.	1289

(2) Sixty days after the change to a medically not certified	1290
status, if the commercial driver's license holder has not resolved	1291
the medical certification or medical variance defect as described	1292
in division (D)(1) of this section, the registrar shall change the	1293
person's commercial driver's license status to reflect no	1294
commercial driver's license privileges and shall send the person a	1295
second notice informing the person that the commercial driver's	1296
license privilege has been removed from the driver's license and	1297
that, unless the driver resolves the medical certification or	1298
medical variance defect by submitting a current medical	1299
certificate or medical variance, as applicable, or changing the	1300
driver's self-certification under division (A)(2) of section	1301
4506.10 of the Revised Code to driving only in excepted interstate	1302
or excepted intrastate commerce within one hundred eighty days,	1303
the person's commercial driver's license will be downgraded to a	1304
noncommercial driver's license class of license.	1305

Sec. 4506.131.  (A) The registrar of motor vehicles shall not	1306
issue, renew, upgrade, or transfer a hazardous materials	1307
endorsement for a commercial driver's license to any individual	1308
authorizing that individual to operate a commercial motor vehicle	1309
transporting a hazardous material in commerce unless the registrar	1310
has received from the transportation security administration a	1311
determination indicating that the individual does not pose a	1312
security risk warranting denial of the endorsement.	1313

(B)(1) Immediately upon receiving a determination from the	1314
transportation security administration that an individual poses a	1315
security risk warranting denial of a hazardous materials	1316
endorsement, the registrar shall revoke any existing hazardous	1317
materials endorsement and shall refuse to issue a hazardous	1318
materials endorsement for the individual named as a security risk.	1319

(2) Within fifteen days of receiving any determination from	1320
the transportation security administration indicating the status	1321
of an individual's security risk, the registrar shall notify the	1322
commercial driver license information system of the results of the	1323
security assessment.	1324

(C) The registrar shall order any revocation under division	1325
(B) of this section without a hearing. Any person adversely	1326
affected by the order may request an administrative hearing before	1327
the registrar. The scope of the hearing shall be limited to	1328
whether the bureau of motor vehicles properly revoked the	1329
hazardous material endorsement after receiving notification from	1330
the transportation security administration and shall not include	1331
consideration of whether the transportation security	1332
administration acted properly in sending the notification.	1333

Sec. 4506.14.  (A) Commercial driver's licenses shall expire	1334
as follows:	1335

(1) Except as provided in division (A)(3) or (4) of this	1336
section, each such license issued to replace an operator's or	1337
chauffeur's license shall expire on the original expiration date	1338
of the operator's or chauffeur's license and, upon renewal, shall	1339
expire on the licensee's birthday in the fourth year after the	1340
date of issuance.	1341

(2) Except as provided in division (A)(3) or (4) of this	1342
section, each such license issued as an original license to a	1343
person whose residence is in this state shall expire on the	1344
licensee's birthday in the fourth year after the date of issuance,	1345
and each such license issued to a person whose temporary residence	1346
is in this state shall expire in accordance with rules adopted by	1347
the registrar of motor vehicles. A license issued to a person with	1348
a temporary residence in this state is nonrenewable, but may be	1349
replaced with a new license within ninety days prior to its	1350
expiration upon the applicant's compliance with all applicable	1351
requirements.	1352

(3) The registrar or a deputy registrar may issue a license	1353
that expires on a date earlier than the licensee's birthday in the	1354
fourth year after the date of issuance if the licensee has	1355
undergone a security threat assessment required by federal law to	1356
obtain a hazardous materials endorsement and the assessment will	1357
expire before that date.	1358

(4) Each such license issued to replace the operator's or	1359
chauffeur's license of a person who is less than twenty-one years	1360
of age, and each such license issued as an original license to a	1361
person who is less than twenty-one years of age, shall expire on	1362
the licensee's twenty-first birthday.	1363

(B) No commercial driver's license shall be issued for a	1364
period longer than four years and one hundred eighty days. Except	1365
as provided in section 4507.12 of the Revised Code, the registrar	1366
may waive the examination of any person applying for the renewal	1367
of a commercial driver's license issued under this chapter,	1368
provided that the applicant presents either an unexpired	1369
commercial driver's license or a commercial driver's license that	1370
has expired not more than six months prior to the date of	1371
application.	1372

(C) Subject to the requirements of this chapter and except as	1373
provided in division (A)(2) of this section in regard to a person	1374
whose temporary residence is in this state, every commercial	1375
driver's license shall be renewable one hundred eighty days before	1376
its expiration upon payment of the fees required by section	1377
4506.08 of the Revised Code. Each person applying for renewal or	1378
transfer of a commercial driver's license shall complete the	1379
application form prescribed by section 4506.07 of the Revised Code	1380
and shall provide all certifications required. Beginning on	1381
January 30, 2012, prior to applying for renewal of a commercial	1382
driver's license, each applicant shall submit a new copy or	1383
original medical examiner's certificate required by section	1384
4506.10 of the Revised Code; if the person's medical status has	1385
changed, the registrar shall take the appropriate action to	1386
address the change in medical status. If the person wishes to	1387
retain an endorsement authorizing the person to transport	1388
hazardous materials, the person shall take and successfully	1389
complete the written test for the endorsement and shall submit to	1390
any background check required by federal law.	1391

(D) Each person licensed as a driver under this chapter shall	1392
notify the registrar of any change in the person's address within	1393
ten days following that change. The notification shall be in	1394
writing on a form provided by the registrar and shall include the	1395
full name, date of birth, license number, county of residence,	1396
social security number, and new address of the person.	1397

(E) Whoever violates division (D) of this section is guilty	1398
of a minor misdemeanor.	1399

Sec. 4506.15.  (A) No person who holds a commercial driver's	1400
license or operates a motor vehicle for which a commercial	1401
driver's license is required shall do any of the following:	1402

(1) Drive a commercial motor vehicle while having a	1403
measurable or detectable amount of alcohol or of a controlled	1404
substance in the person's blood, breath, or urine;	1405

(2) Drive a commercial motor vehicle while having an alcohol	1406
concentration of four-hundredths of one per cent or more by whole	1407
blood or breath;	1408

(3) Drive a commercial motor vehicle while having an alcohol	1409
concentration of forty-eight-thousandths of one per cent or more	1410
by blood serum or blood plasma;	1411

(4) Drive a commercial motor vehicle while having an alcohol	1412
concentration of fifty-six-thousandths of one per cent or more by	1413
urine;	1414

(5) Drive a motor vehicle while under the influence of a	1415
controlled substance;	1416

(6) Drive a motor vehicle in violation of section 4511.19 of	1417
the Revised Code or a municipal OVI ordinance as defined in	1418
section 4511.181 of the Revised Code;	1419

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

1420

(7)(8) Refuse to submit to a test under section 4506.17 or	1421
4511.191 of the Revised Code;	1422

(8)(9) Operate a commercial motor vehicle while the person's	1423
commercial driving privileges are revoked, suspended, canceled, or	1424
disqualified;	1425

(9)(10) Cause a fatality thoughthrough the negligent	1426
operation of a commercial motor vehicle, including, but not	1427
limited to, the offenses of aggravated vehicular homicide,	1428
vehicular homicide, and vehicular manslaughter;	1429

(10) Use a motor vehicle in the commission of a felony	1430
involving the manufacture, distribution, or dispensing of a	1431
controlled substance as defined in section 3719.01 of the Revised	1432
Code or the possession with intent to manufacture, distribute, or	1433
dispense a controlled substance(11) Fail to stop after an	1434
accident in violation of sections 4549.02 to 4549.03 of the	1435
Revised Code;	1436

(11)(12) Drive a commercial motor vehicle in violation of any	1437
provision of sections 4511.61 to 4511.63 of the Revised Code or	1438
any federal or local law or ordinance pertaining to	1439
railroad-highway grade crossings;	1440

(12) Violate any prohibition described in divisions (A)(2) to	1441
(11) of this section while transporting hazardous materials(13)	1442
Use a motor vehicle in the commission of a felony involving the	1443
manufacture, distribution, or dispensing of a controlled substance	1444
as defined in section 3719.01 of the Revised Code or the	1445
possession with intent to manufacture, distribute, or dispense a	1446
controlled substance.	1447

(B) Whoever violates this section is guilty of a misdemeanor	1448
of the first degree.	1449

Sec. 4506.16.  (A) Any person who is found to have been	1450
convicted of a violation of an out-of-service order shall be	1451
disqualified by the registrar of motor vehicles as follows:	1452

(1) If the person has not been convicted previously of a	1453
violation of an out-of-service order, the period of	1454
disqualification is ninetyone hundred eighty days.	1455

(2) If, during any ten-year period, the driver is convicted	1456
of a second violation of an out-of-service order in an incident	1457
separate from the incident that resulted in the first violation,	1458
the period of disqualification is one yeartwo years.	1459

(3) If, during any ten-year period, the driver is convicted	1460
of a third or subsequent violation of an out-of-service order in	1461
an incident separate from the incidents that resulted in the	1462
previous violations during that ten-year period, the period of	1463
disqualification is three years.	1464

(B)(1) A driver is disqualified for one hundred eighty days	1465
if the driver is convicted of a first violation of an	1466
out-of-service order while transporting hazardous materials	1467
required to be placarded under the "Hazardous Materials	1468
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	1469
amended, or while operating a motor vehicle designed to transport	1470
sixteen or more passengers, including the driver.	1471

(2) A driver is disqualified for a period of three years if,	1472
during any ten-year period, the driver is convicted of a second or	1473
subsequent violation, in an incident separate from the incident	1474
that resulted in a previous violation during that ten-year period,	1475
of an out-of-service order while transporting hazardous materials	1476
required to be placarded under that act, or while operating a	1477
motor vehicle designed to transport sixteen or more passengers,	1478
including the driver.	1479

(C) Whoever violates division (A)(1) of section 4506.15 of	1480
the Revised Code or a similar law of another state or a foreign	1481
jurisdiction, immediately shall be placed out-of-service for	1482
twenty-four hours, in addition to any disqualification required by	1483
this section and any other penalty imposed by the Revised Code.	1484

(D) The registrar of motor vehicles shall disqualify any	1485
holder of a commercial driver's license, or any operator of a	1486
commercial motor vehicle for which a commercial driver's license	1487
is required, from operating a commercial motor vehicle as follows:	1488

(1) Upon a first conviction for a violation of any provision	1489
of divisions (A)(2) to (9)(12) of section 4506.15 of the Revised	1490
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the	1491
Revised Code, or a similar law of another state or a foreign	1492
jurisdiction, or upon a first suspension imposed under section	1493
4511.191 of the Revised Code or a similar law of another state or	1494
foreign jurisdiction, one year;	1495

(2) Upon a second conviction for a violation of any provision	1496
of divisions (A)(2) to (9)(12) of section 4506.15 of the Revised	1497
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the	1498
Revised Code, or a similar law of another state or a foreign	1499
jurisdiction, or upon a second suspension imposed under section	1500
4511.191 of the Revised Code or a similar law of another state or	1501
foreign jurisdiction, or any combination of such violations	1502
arising from two or more separate incidents, the person shall be	1503
disqualified for life or for any other period of time as	1504
determined by the United States secretary of transportation and	1505
designated by the director of public safety by rule;	1506

(3) Upon a first conviction for a violation of divisionany	1507
of the following violations while transporting hazardous	1508
materials, three years:	1509

(a) Divisions (A)(12)(2) to (12) of section 4506.15 of the	1510
Revised Code or a;	1511

(b) A similar law of another state or a foreign	1512
jurisdiction, three years;.	1513

(4) Upon conviction of a violation of division (A)(10)(13) of	1514
section 4506.15 of the Revised Code or a similar law of another	1515
state or a foreign jurisdiction, the person shall be disqualified	1516
for life;	1517

(5)(a) Upon conviction of two serious traffic violations	1518
involving the operation of a commercial motor vehicle by the	1519
person and arising from separate incidents occurring in a	1520
three-year period, the person shall be disqualified for sixty	1521
days, which disqualification shall be imposed consecutively to any	1522
other separate disqualification imposed under division (D)(5) or	1523
(6) of this section;	1524

(b) Upon conviction of three serious traffic violations	1525
involving the operation of a commercial motor vehicle by the	1526
person and arising from separate incidents occurring in a	1527
three-year period, the person shall be disqualified for one	1528
hundred twenty days, which disqualification shall be imposed	1529
consecutively to any other separate disqualification imposed under	1530
division (D)(5) or (6) of this section;	1531

(6)(a) Upon conviction of two serious traffic violations	1532
involving the operation of a vehicle other than a commercial motor	1533
vehicle by the person and arising from separate incidents	1534
occurring in a three-year period, the person shall be disqualified	1535
for sixty days if the conviction results in the suspension,	1536
cancellation, or revocation of the holder's commercial driver's	1537
license or noncommercial motor vehicle driving privileges, which	1538
disqualification shall be imposed consecutively to any other	1539
separate disqualification imposed under division (D)(5) or (6) of	1540
this section;	1541

(6)(b) Upon conviction of three serious traffic violations	1542
involving the operation of a vehicle other than a commercial motor	1543
vehicle by the person and arising from separate incidents	1544
occurring in a three-year period, the person shall be disqualified	1545
for one hundred twenty days if the conviction results in the	1546
suspension, cancellation, or revocation of the holder's commercial	1547
driver's license or noncommercial motor vehicle driving	1548
privileges, which disqualification shall be imposed consecutively	1549
to any other separate disqualification imposed under division	1550
(D)(5) or (6) of this section.	1551

(7) Upon a first conviction involving the operation of a	1552
commercial motor vehicle in violation of any provisions of	1553
sections 4511.61 to 4511.63 of the Revised Code or a similar law	1554
of another state or foreign jurisdiction, not less than sixty	1555
days;	1556

(8) Upon a second conviction involving the operation of a	1557
commercial motor vehicle in violation of any provisions of	1558
sections 4511.61 to 4511.63 of the Revised Code or a similar law	1559
of another state or foreign jurisdiction within three years of the	1560
first such conviction, not less than one hundred twenty days;	1561

(9) Upon a third or subsequent conviction involving the	1562
operation of a commercial motor vehicle in violation of any	1563
provisions of sections 4511.61 to 4511.63 of the Revised Code or a	1564
similar law of another state or foreign jurisdiction within three	1565
years of the first such conviction, not less than one year;	1566

(10) Upon receiving notification from the federal motor	1567
carrier safety administration, the registrar immediately, prior to	1568
any hearing, shall disqualify any commercial motor vehicle driver	1569
whose driving is determined to constitute an imminent hazard as	1570
defined under federal motor carrier safety regulation 49 C.F.R.	1571
383.52.	1572

(E) For the purposes of this section, conviction of a	1573
violation for which disqualification is required includes	1574
conviction under any municipal ordinance that is substantially	1575
similar to any section of the Revised Code that is set forth in	1576
division (D) of this section and may be evidenced by any of the	1577
following:	1578

(1) A judgment entry of a court of competent jurisdiction in	1579
this or any other state;	1580

(2) An administrative order of a state agency of this or any	1581
other state having statutory jurisdiction over commercial drivers;	1582

(3) A computer record obtained from or through the commercial	1583
driver's license information system;	1584

(4) A computer record obtained from or through a state agency	1585
of this or any other state having statutory jurisdiction over	1586
commercial drivers or the records of commercial drivers.	1587

(F) For purposes of this section, conviction of disqualifying	1588
offenses committed in a noncommercial motor vehicle are included	1589
if either of the following applies:	1590

(1) The offense occurred after the person obtained the	1591
person's commercial driver's license.	1592

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

1593

(G) If a person commits a serious traffic violation by	1594
operating a commercial motor vehicle without having a commercial	1595
driver's license in the person's possession as described in	1596
division (DD)(7)(GG)(3)(e) of section 4506.01 of the Revised Code	1597
and the person then submits proof to either the enforcement agency	1598
that issued the citation for the violation or to the court with	1599
jurisdiction over the case before the date of the person's initial	1600
appearance that shows that the person held a valid commercial	1601
driver's license at the time of the violation, the violation shall	1602
not be deemed to be a serious traffic violation.	1603

(H) Any record described in division (C) of this section	1604
shall be deemed to be self-authenticating when it is received by	1605
the bureau of motor vehicles.	1606

(I) When disqualifying a driver, the registrar shall cause	1607
the records of the bureau to be updated to reflect that action	1608
within ten days after it occurs.	1609

(J) The registrar immediately shall notify a driver who is	1610
finally convicted of any offense described in section 4506.15 of	1611
the Revised Code or division (B)(4), (5), or (6) of this section	1612
and thereby is subject to disqualification, of the offense or	1613
offenses involved, of the length of time for which	1614
disqualification is to be imposed, and that the driver may request	1615
a hearing within thirty days of the mailing of the notice to show	1616
cause why the driver should not be disqualified from operating a	1617
commercial motor vehicle. If a request for such a hearing is not	1618
made within thirty days of the mailing of the notice, the order of	1619
disqualification is final. The registrar may designate hearing	1620
examiners who, after affording all parties reasonable notice,	1621
shall conduct a hearing to determine whether the disqualification	1622
order is supported by reliable evidence. The registrar shall adopt	1623
rules to implement this division.	1624

(K) Any person who is disqualified from operating a	1625
commercial motor vehicle under this section may apply to the	1626
registrar for a driver's license to operate a motor vehicle other	1627
than a commercial motor vehicle, provided the person's commercial	1628
driver's license is not otherwise suspended. A person whose	1629
commercial driver's license is suspended shall not apply to the	1630
registrar for or receive a driver's license under Chapter 4507. of	1631
the Revised Code during the period of suspension.	1632

(L) The disqualifications imposed under this section are in	1633
addition to any other penalty imposed by the Revised Code.	1634

Sec. 4506.161. No court shall issue an order granting limited	1635
driving privileges for operation of a commercial motor vehicle to	1636
any person whose driver's license or commercial driver's license	1637
has been suspended or who has been disqualified from operating a	1638
commercial motor vehicle. In regard to an offense involving the	1639
operation of a commercial motor vehicle, no court shall modify any	1640
record, or consent to the modification of any record, if the	1641
resulting record would no longer reflect the operation of a	1642
commercial motor vehicle by the person, unless a determination of	1643
the facts indicates that that person was not operating a	1644
commercial motor vehicle at the time of the offense.	1645

Sec. 4506.17.  (A) Any person who holds a commercial driver's	1646
license or operates a commercial motor vehicle requiring a	1647
commercial driver's license within this state shall be deemed to	1648
have given consent to a test or tests of the person's whole blood,	1649
blood serum or plasma, breath, or urine for the purpose of	1650
determining the person's alcohol concentration or the presence of	1651
any controlled substance or a metabolite of a controlled	1652
substance.	1653

(B) A test or tests as provided in division (A) of this	1654
section may be administered at the direction of a peace officer	1655
having reasonable ground to stop or detain the person and, after	1656
investigating the circumstances surrounding the operation of the	1657
commercial motor vehicle, also having reasonable ground to believe	1658
the person was driving the commercial vehicle while having a	1659
measurable or detectable amount of alcohol or of a controlled	1660
substance or a metabolite of a controlled substance in the	1661
person's whole blood, blood serum or plasma, breath, or urine. Any	1662
such test shall be given within two hours of the time of the	1663
alleged violation.	1664

(C) A person requested to submit to a test under division (A)	1665
of this section shall be advised by the peace officer requesting	1666
the test that a refusal to submit to the test will result in the	1667
person immediately being placed out-of-service for a period of	1668
twenty-four hours and being disqualified from operating a	1669
commercial motor vehicle for a period of not less than one year,	1670
and that the person is required to surrender the person's	1671
commercial driver's license to the peace officer.	1672

(D) If a person refuses to submit to a test after being	1673
warned as provided in division (C) of this section or submits to a	1674
test that discloses the presence of an amount of alcohol or a	1675
controlled substance prohibited by divisions (A)(1) to (5) of	1676
section 4506.15 of the Revised Code or a metabolite of a	1677
controlled substance, an alcohol concentration of four-hundredths	1678
of one per cent or more by whole blood or breath, an alcohol	1679
concentration of forty-eight-thousandths of one per cent or more	1680
by blood serum or blood plasma, or an alcohol concentration of	1681
fifty-six-thousandths of one per cent or more by urine, the person	1682
immediately shall surrender the person's commercial driver's	1683
license to the peace officer. The peace officer shall forward the	1684
license, together with a sworn report, to the registrar of motor	1685
vehicles certifying that the test was requested pursuant to	1686
division (A) of this section and that the person either refused to	1687
submit to testing or submitted to a test that disclosed the	1688
presence of a controlled substance or a metabolite of a controlled	1689
substance or a prohibited alcohol concentrationone of the	1690
prohibited concentrations of a substance listed in divisions	1691
(A)(1) to (5) of section 4506.15 of the Revised Code or a	1692
metabolite of a controlled substance. The form and contents of the	1693
report required by this section shall be established by the	1694
registrar by rule, but shall contain the advice to be read to the	1695
driver and a statement to be signed by the driver acknowledging	1696
that the driver has been read the advice and that the form was	1697
shown to the driver.	1698

(E) Upon receipt of a sworn report from a peace officer as	1699
provided in division (D) of this section, or upon receipt of	1700
notification that a person has been disqualified under a similar	1701
law of another state or foreign jurisdiction, the registrar shall	1702
disqualify the person named in the report from driving a	1703
commercial motor vehicle for the period described below:	1704

(1) Upon a first incident, one year;

1705

(2) Upon an incident of refusal or of a prohibited	1706
concentration of alcohol, a controlled substance, or a metabolite	1707
of a controlled substance after one or more previous incidents of	1708
either refusal or of a prohibited concentration of alcohol, a	1709
controlled substance, or a metabolite of a controlled substance,	1710
the person shall be disqualified for life or such lesser period as	1711
prescribed by rule by the registrar.	1712

(F) A test of a person's whole blood or a person's blood	1713
serum or plasma given under this section shall comply with the	1714
applicable provisions of division (D) of section 4511.19 of the	1715
Revised Code and any physician, registered nurse, emergency	1716
medical technician-intermediate, emergency medical	1717
technician-paramedic, or qualified technician, chemist, or	1718
phlebotomist who withdraws whole blood or blood serum or plasma	1719
from a person under this section, and any hospital, first-aid	1720
station, clinic, or other facility at which whole blood or blood	1721
serum or plasma is withdrawn from a person pursuant to this	1722
section, is immune from criminal liability, and from civil	1723
liability that is based upon a claim of assault and battery or	1724
based upon any other claim of malpractice, for any act performed	1725
in withdrawing whole blood or blood serum or plasma from the	1726
person. The immunity provided in this division also extends to an	1727
emergency medical service organization that employs an emergency	1728
medical technician-intermediate or emergency medical	1729
technician-paramedic who withdraws blood under this section.	1730

(G) When a person submits to a test under this section, the	1731
results of the test, at the person's request, shall be made	1732
available to the person, the person's attorney, or the person's	1733
agent, immediately upon completion of the chemical test analysis.	1734
The person also may have an additional test administered by a	1735
physician, a registered nurse, or a qualified technician, chemist,	1736
or phlebotomist of the person's own choosing as provided in	1737
division (D) of section 4511.19 of the Revised Code for tests	1738
administered under that section, and the failure to obtain such a	1739
test has the same effect as in that division.	1740

(H) No person shall refuse to immediately surrender the	1741
person's commercial driver's license to a peace officer when	1742
required to do so by this section.	1743

(I) A peace officer issuing an out-of-service order or	1744
receiving a commercial driver's license surrendered under this	1745
section may remove or arrange for the removal of any commercial	1746
motor vehicle affected by the issuance of that order or the	1747
surrender of that license.	1748

(J)(1) Except for civil actions arising 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 compensatory damages in any civil action	1752
that arises under the Revised Code or common law of this state for	1753
an injury, death, or loss to person or property caused in the	1754
performance of official duties under this section and rules	1755
adopted under this section, unless the officer's actions were	1756
manifestly outside the scope of the officer's employment or	1757
official responsibilities, or unless the officer acted with	1758
malicious purpose, in bad faith, or in a wanton or reckless	1759
manner.	1760

(2) Except for civil actions that arise out of the operation	1761
of a motor vehicle and civil actions in which the state is a	1762
plaintiff, no peace officer of any law enforcement agency within	1763
this state is liable in punitive or exemplary damages in any civil	1764
action that arises under the Revised Code or common law of this	1765
state for any injury, death, or loss to person or property caused	1766
in the performance of official duties under this section of the	1767
Revised Code and rules adopted under this section, unless the	1768
officer's actions were manifestly outside the scope of the	1769
officer's employment or official responsibilities, or unless the	1770
officer acted with malicious purpose, in bad faith, or in a wanton	1771
or reckless manner.	1772

(K) When disqualifying a driver, the registrar shall cause	1773
the records of the bureau of motor vehicles to be updated to	1774
reflect the disqualification within ten days after it occurs.	1775

(L) The registrar immediately shall notify a driver who is	1776
subject to disqualification of the disqualification, of the length	1777
of the disqualification, and that the driver may request a hearing	1778
within thirty days of the mailing of the notice to show cause why	1779
the driver should not be disqualified from operating a commercial	1780
motor vehicle. If a request for such a hearing is not made within	1781
thirty days of the mailing of the notice, the order of	1782
disqualification is final. The registrar may designate hearing	1783
examiners who, after affording all parties reasonable notice,	1784
shall conduct a hearing to determine whether the disqualification	1785
order is supported by reliable evidence. The registrar shall adopt	1786
rules to implement this division.	1787

(M) Any person who is disqualified from operating a	1788
commercial motor vehicle under this section may apply to the	1789
registrar for a driver's license to operate a motor vehicle other	1790
than a commercial motor vehicle, provided the person's commercial	1791
driver's license is not otherwise suspended. A person whose	1792
commercial driver's license is suspended shall not apply to the	1793
registrar for or receive a driver's license under Chapter 4507. of	1794
the Revised Code during the period of suspension.	1795

(N) Whoever violates division (H) of this section is guilty	1796
of a misdemeanor of the first degree.	1797

(O) As used in this section, "emergency medical	1798
technician-intermediate" and "emergency medical	1799
technician-paramedic" have the same meanings as in section 4765.01	1800
of the Revised Code.	1801

Sec. 4506.21.  Within ten days after receiving a report of	1802
the conviction of any nonresident holder of a commercial driver's	1803
license for a violation of a state law or local ordinance or	1804
resolution relating to traffic control, other than parking	1805
violations, committed in a commercial motor vehicle, the registrar	1806
of motor vehicles shall notify the driver licensing authority in	1807
the statejurisdiction in which the person resides and the driver	1808
licensing authority that issued the nonresident's commercial	1809
driver's license of the conviction, if different from the state of	1810
residence.	1811

Sec. 4510.03.  (A) Every county court judge, mayor of a	1812
mayor's court, and clerk of a court of record shall keep a full	1813
record of every case in which a person is charged with any	1814
violation of any provision of sections 4511.01 to 4511.771 or	1815
4513.01 to 4513.36 of the Revised Code or of any other law or	1816
ordinance regulating the operation of vehicles, streetcars, and	1817
trackless trolleys on highways or streets.	1818

(B) If a person is convicted of or forfeits bail in relation	1819
to a violation of any section listed in division (A) of this	1820
section or a violation of any other law or ordinance regulating	1821
the operation of vehicles, streetcars, and trackless trolleys on	1822
highways or streets, the county court judge, mayor of a mayor's	1823
court, or clerk, within tenseven days after the conviction or	1824
bail forfeiture, shall prepare and immediately forward to the	1825
bureau of motor vehicles an abstract, certified by the preparer to	1826
be true and correct, of the court record covering the case in	1827
which the person was convicted or forfeited bail. Every court of	1828
record also shall forward to the bureau of motor vehicles an	1829
abstract of the court record as described in division (C) of this	1830
section upon the conviction of any person of aggravated vehicular	1831
homicide or vehicular homicide or of a felony in the commission of	1832
which a vehicle was used.	1833

(C) Each abstract required by this section shall be made upon	1834
a form approved and furnished by the bureau and shall include the	1835
name and address of the person charged, the number of the person's	1836
driver's or commercial driver's license, probationary driver's	1837
license, or temporary instruction permit, the registration number	1838
of the vehicle involved, the nature of the offense, the date of	1839
the offense, the date of hearing, the plea, the judgment, or	1840
whether bail was forfeited, and the amount of the fine or	1841
forfeiture.	1842

Sec. 4510.036.  (A) The bureau of motor vehicles shall record	1843
within ten days, after receipt,of conviction or bail forteiture	1844
and shall keep at its main office, all abstracts received under	1845
this section or section 4510.03, 4510.031, 4510.032, or 4510.034	1846
of the Revised Code and shall maintain records of convictions and	1847
bond forfeitures for any violation of a state law or a municipal	1848
ordinance regulating the operation of vehicles, streetcars, and	1849
trackless trolleys on highways and streets, except a violation	1850
related to parking a motor vehicle.	1851

(B) Every court of record or mayor's court before which a	1852
person is charged with a violation for which points are chargeable	1853
by this section shall assess and transcribe to the abstract of	1854
conviction that is furnished by the bureau to the court the number	1855
of points chargeable by this section in the correct space assigned	1856
on the reporting form. A United States district court that has	1857
jurisdiction within this state and before which a person is	1858
charged with a violation for which points are chargeable by this	1859
section may assess and transcribe to the abstract of conviction	1860
report that is furnished by the bureau the number of points	1861
chargeable by this section in the correct space assigned on the	1862
reporting form. If the federal court so assesses and transcribes	1863
the points chargeable for the offense and furnishes the report to	1864
the bureau, the bureau shall record the points in the same manner	1865
as those assessed and transcribed by a court of record or mayor's	1866
court.	1867

(C) A court shall assess the following points for an offense	1868
based on the following formula:	1869

(1) Aggravated vehicular homicide, vehicular homicide,	1870
vehicular manslaughter, aggravated vehicular assault, or vehicular	1871
assault when the offense involves the operation of a vehicle,	1872
streetcar, or trackless trolley on a highway or street ..........	1873
6 points	1874

(2) A violation of section 2921.331 of the Revised Code or	1875
any ordinance prohibiting the willful fleeing or eluding of a law	1876
enforcement officer .......... 6 points	1877

(3) A violation of section 4549.02 or 4549.021 of the Revised	1878
Code or any ordinance requiring the driver of a vehicle to stop	1879
and disclose identity at the scene of an accident .......... 6	1880
points	1881

(4) A violation of section 4511.251 of the Revised Code or	1882
any ordinance prohibiting street racing .......... 6 points	1883

(5) A violation of section 4510.037 of the Revised Code or	1884
any ordinance prohibiting the operation of a motor vehicle while	1885
the driver's or commercial driver's license is under a	1886
twelve-point suspension .......... 6 points	1887

(6) A violation of section 4510.14 of the Revised Code, or	1888
any ordinance prohibiting the operation of a motor vehicle upon	1889
the public roads or highways within this state while the driver's	1890
or commercial driver's license of the person is under suspension	1891
and the suspension was imposed under section 4511.19, 4511.191, or	1892
4511.196 of the Revised Code or section 4510.07 of the Revised	1893
Code due to a conviction for a violation of a municipal OVI	1894
ordinance or any ordinance prohibiting the operation of a motor	1895
vehicle while the driver's or commercial driver's license is under	1896
suspension for an OVI offense .......... 6 points	1897

(7) A violation of division (A) of section 4511.19 of the	1898
Revised Code, any ordinance prohibiting the operation of a vehicle	1899
while under the influence of alcohol, a drug of abuse, or a	1900
combination of them, or any ordinance substantially equivalent to	1901
division (A) of section 4511.19 of the Revised Code prohibiting	1902
the operation of a vehicle with a prohibited concentration of	1903
alcohol, a controlled substance, or a metabolite of a controlled	1904
substance in the whole blood, blood serum or plasma, breath, or	1905
urine .......... 6 points	1906

(8) A violation of section 2913.03 of the Revised Code that	1907
does not involve an aircraft or motorboat or any ordinance	1908
prohibiting the operation of a vehicle without the consent of the	1909
owner .......... 6 points	1910

(9) Any offense under the motor vehicle laws of this state	1911
that is a felony, or any other felony in the commission of which a	1912
motor vehicle was used .......... 6 points	1913

(10) A violation of division (B) of section 4511.19 of the	1914
Revised Code or any ordinance substantially equivalent to that	1915
division prohibiting the operation of a vehicle with a prohibited	1916
concentration of alcohol in the whole blood, blood serum or	1917
plasma, breath, or urine .......... 4 points	1918

(11) A violation of section 4511.20 of the Revised Code or	1919
any ordinance prohibiting the operation of a motor vehicle in	1920
willful or wanton disregard of the safety of persons or property	1921
.......... 4 points	1922

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

1923

(a) Notwithstanding divisions (C)(12)(b) and (c) of this	1924
section, when the speed exceeds the lawful speed limit by thirty	1925
miles per hour or more .......... 4 points	1926

(b) When the speed exceeds the lawful speed limit of	1927
fifty-five miles per hour or more by more than ten miles per hour	1928
.......... 2 points	1929

(c) When the speed exceeds the lawful speed limit of less	1930
than fifty-five miles per hour by more than five miles per hour	1931
.......... 2 points	1932

(d) When the speed does not exceed the amounts set forth in	1933
divisions (C)(12)(a), (b), or (c) of this section .......... 0	1934
points	1935

(13) Operating a motor vehicle in violation of a restriction	1936
imposed by the registrar .......... 2 points	1937

(14) A violation of section 4510.11, 4510.111, 4510.16, or	1938
4510.21 of the Revised Code or any ordinance prohibiting the	1939
operation of a motor vehicle while the driver's or commercial	1940
driver's license is under suspension .......... 2 points	1941

(15) With the exception of violations under section 4510.12	1942
of the Revised Code where no points shall be assessed, all other	1943
moving violations reported under this section .......... 2 points	1944

(D) Upon receiving notification from the proper court,	1945
including a United States district court that has jurisdiction	1946
within this state, the bureau shall delete any points entered for	1947
a bond forfeiture if the driver is acquitted of the offense for	1948
which bond was posted.	1949

(E) If a person is convicted of or forfeits bail for two or	1950
more offenses arising out of the same facts and points are	1951
chargeable for each of the offenses, points shall be charged for	1952
only the conviction or bond forfeiture for which the greater	1953
number of points is chargeable, and, if the number of points	1954
chargeable for each offense is equal, only one offense shall be	1955
recorded, and points shall be charged only for that offense.	1956

Sec. 4513.37.  Every county court judge, mayor, and clerk of	1957
a court of record shall keep a full record of every case in which	1958
a person is charged with any violation of sections 4511.01 to	1959
4511.78, section 4511.99, and sections 4513.01 to 4513.37 of the	1960
Revised Code, or of any other law or ordinance regulating the	1961
operation of vehicles, streetcars, and trackless trolleys on	1962
highways.	1963

Within tenseven days after the conviction or forfeiture of	1964
bail of a person upon a charge of violating any of such sections	1965
or other law or ordinance regulating the operation of vehicles,	1966
streetcars, and trackless trolleys on highways, said judge, mayor,	1967
or clerk shall prepare and immediately forward to the department	1968
of public safety an abstract of the court record covering the case	1969
in which said person was convicted foror forfeited bail, which	1970
abstract must be certified by the person required to prepare the	1971
same to be true and correct.	1972

SaidThe abstract shall be made upon a form approved and	1973
furnished by the department and shall include the name and address	1974
of the party charged, the number of histhe party's driver's or	1975
commercial driver's license, the registration number of the	1976
vehicle involved, the nature of the offense, the date of hearing,	1977
the plea, the judgment, or whether bail forfeited, and the amount	1978
of the fine or forfeiture.	1979

Every court of record shall also forward a like report to the	1980
department upon the conviction of any person of manslaughter or	1981
other felony in the commission of which a vehicle was used.	1982

The failure, refusal, or neglect of such officer to comply	1983
with this section constitutes misconduct in office and is ground	1984
for removal therefrom.	1985

The department shall keep all abstracts received under this	1986
section at its main office.	1987

Sec. 5101.35.  (A) As used in this section:

1988

(1) "Agency" means the following entities that administer a	1989
family services program:	1990

(a) The department of job and family services;

1991

(b) A county department of job and family services;

1992

(c) A public children services agency;

1993

(d) A private or government entity administering, in whole or	1994
in part, a family services program for or on behalf of the	1995
department of job and family services or a county department of	1996
job and family services or public children services agency.	1997

(2) "Appellant" means an applicant, participant, former	1998
participant, recipient, or former recipient of a family services	1999
program who is entitled by federal or state law to a hearing	2000
regarding a decision or order of the agency that administers the	2001
program.	2002

(3) "Family services program" means assistance provided under	2003
a Title IV-A program as defined in section 5101.80 of the Revised	2004
Code or under Chapter 5104., 5111., or 5115. or section 5119.69,	2005
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	2006
Revised Code, other than assistance provided under section 5101.46	2007
of the Revised Code by the department of mental health, the	2008
department of developmental disabilities, a board of alcohol, drug	2009
addiction, and mental health services, or a county board of	2010
developmental disabilities.	2011

(B) Except as provided by divisions (G) and (H) of this	2012
section, an appellant who appeals under federal or state law a	2013
decision or order of an agency administering a family services	2014
program shall, at the appellant's request, be granted a state	2015
hearing by the department of job and family services. This state	2016
hearing shall be conducted in accordance with rules adopted under	2017
this section. The state hearing shall be recorded, but neither the	2018
recording nor a transcript of the recording shall be part of the	2019
official record of the proceeding. A state hearing decision is	2020
binding upon the agency and department, unless it is reversed or	2021
modified on appeal to the director of job and family services or a	2022
court of common pleas.	2023

(C) Except as provided by division (G) of this section, an	2024
appellant who disagrees with a state hearing decision may make an	2025
administrative appeal to the director of job and family services	2026
in accordance with rules adopted under this section. This	2027
administrative appeal does not require a hearing, but the director	2028
or the director's designee shall review the state hearing decision	2029
and previous administrative action and may affirm, modify, remand,	2030
or reverse the state hearing decision. Any person designated to	2031
make an administrative appeal decision on behalf of the director	2032
shall have been admitted to the practice of law in this state. An	2033
administrative appeal decision is the final decision of the	2034
department and is binding upon the department and agency, unless	2035
it is reversed or modified on appeal to the court of common pleas.	2036

(D) An agency shall comply with a decision issued pursuant to	2037
division (B) or (C) of this section within the time limits	2038
established by rules adopted under this section. If a county	2039
department of job and family services or a public children	2040
services agency fails to comply within these time limits, the	2041
department may take action pursuant to section 5101.24 of the	2042
Revised Code. If another agency fails to comply within the time	2043
limits, the department may force compliance by withholding funds	2044
due the agency or imposing another sanction established by rules	2045
adopted under this section.	2046

(E) An appellant who disagrees with an administrative appeal	2047
decision of the director of job and family services or the	2048
director's designee issued under division (C) of this section may	2049
appeal from the decision to the court of common pleas pursuant to	2050
section 119.12 of the Revised Code. The appeal shall be governed	2051
by section 119.12 of the Revised Code except that:	2052

(1) The person may appeal to the court of common pleas of the	2053
county in which the person resides, or to the court of common	2054
pleas of Franklin county if the person does not reside in this	2055
state.	2056

(2) The person may apply to the court for designation as an	2057
indigent and, if the court grants this application, the appellant	2058
shall not be required to furnish the costs of the appeal.	2059

(3) The appellant shall mail the notice of appeal to the	2060
department of job and family services and file notice of appeal	2061
with the court within thirty days after the department mails the	2062
administrative appeal decision to the appellant. For good cause	2063
shown, the court may extend the time for mailing and filing notice	2064
of appeal, but such time shall not exceed six months from the date	2065
the department mails the administrative appeal decision. Filing	2066
notice of appeal with the court shall be the only act necessary to	2067
vest jurisdiction in the court.	2068

(4) The department shall be required to file a transcript of	2069
the testimony of the state hearing with the court only if the	2070
court orders the department to file the transcript. The court	2071
shall make such an order only if it finds that the department and	2072
the appellant are unable to stipulate to the facts of the case and	2073
that the transcript is essential to a determination of the appeal.	2074
The department shall file the transcript not later than thirty	2075
days after the day such an order is issued.	2076

(F) The department of job and family services shall adopt	2077
rules in accordance with Chapter 119. of the Revised Code to	2078
implement this section, including rules governing the following:	2079

(1) State hearings under division (B) of this section. The	2080
rules shall include provisions regarding notice of eligibility	2081
termination and the opportunity of an appellant appealing a	2082
decision or order of a county department of job and family	2083
services to request a county conference with the county department	2084
before the state hearing is held.	2085

(2) Administrative appeals under division (C) of this	2086
section;	2087

(3) Time limits for complying with a decision issued under	2088
division (B) or (C) of this section;	2089

(4) Sanctions that may be applied against an agency under	2090
division (D) of this section.	2091

(G) The department of job and family services may adopt rules	2092
in accordance with Chapter 119. of the Revised Code establishing	2093
an appeals process for an appellant who appeals a decision or	2094
order regarding a Title IV-A program identified under division	2095
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	2096
that is different from the appeals process established by this	2097
section. The different appeals process may include having a state	2098
agency that administers the Title IV-A program pursuant to an	2099
interagency agreement entered into under section 5101.801 of the	2100
Revised Code administer the appeals process.	2101

(H) If an appellant receiving medicaid through a health	2102
insuring corporation that holds a certificate of authority under	2103
Chapter 1751. of the Revised Code is appealing a denial of	2104
medicaid services based on lack of medical necessity or other	2105
clinical issues regarding coverage by the health insuring	2106
corporation, the person hearing the appeal may order an	2107
independent medical review if that person determines that a review	2108
is necessary. The review shall be performed by a health care	2109
professional with appropriate clinical expertise in treating the	2110
recipient's condition or disease. The department shall pay the	2111
costs associated with the review.	2112

A review ordered under this division shall be part of the	2113
record of the hearing and shall be given appropriate evidentiary	2114
consideration by the person hearing the appeal.	2115

(I) The requirements of Chapter 119. of the Revised Code	2116
apply to a state hearing or administrative appeal under this	2117
section only to the extent, if any, specifically provided by rules	2118
adopted under this section.	2119

Sec. 5101.351.  The department of job and family services may	2120
employ or contract with hearing officers to draft and recommend	2121
state hearing decisions under division (B) of section 5101.35 of	2122
the Revised Code. The department may employ or contract with	2123
hearing authorities to issue state hearing decisions under	2124
division (B) of section 5101.35 of the Revised Code. A hearing	2125
authority employed or contracted with on or after the effective	2126
date of this section shall have been admitted to the practice of	2127
law in this state. A hearing authority employed or contracted with	2128
before the effective date ofunder this section is not required to	2129
have been admitted to the practice of law in this state.	2130

Sec. 5107.12.  An assistance group seeking to participate in	2131
the Ohio works first program shall apply to a county department of	2132
job and family services using an application containing	2133
information the director of job and family services requires	2134
pursuant to rules adopted under section 5107.05 of the Revised	2135
Code and any additional information the county department	2136
requires. If cash assistance under the program is to be paid by	2137
the director of budget and management through the medium of direct	2138
deposit as provided by section 329.03 of the Revised Code, the	2139
application shall be accompanied by information the director needs	2140
to make direct deposits.	2141

When a county department receives an application for	2142
participation in Ohio works first, it shall promptly make an	2143
investigation and record of the circumstances of the applicant in	2144
order to ascertain the facts surrounding the application and to	2145
obtain such other information as may be required. Upon the	2146
completion of the investigation, the county department shall	2147
determine as soon as possible whether the applicant is eligible to	2148
participate, the amount of cash assistance the applicant should	2149
receive, and the approximate date when participation shall begin.	2150
The county department shall not delay making the determination of	2151
whether the applicant is eligible to participate on the basis that	2152
the individuals required by section 5107.14 of the Revised Code to	2153
enter into a written self-sufficiency contract with the county	2154
department have not yet done that. The amount of cash assistance	2155
so determined shall be certified to the department of job and	2156
family services in such form as the department shall prescribe.	2157
Warrants, direct deposits, or debit cards shall be delivered or	2158
made payable in the manner the department may prescribe.	2159

To the extent required by rules adopted under section 5107.05	2160
of the Revised Code, a participant of Ohio works first shall	2161
notify the county department immediately upon the receipt or	2162
possession of additional income not previously reported to the	2163
county department. Any failure to so notify a county department	2164
shall be regarded as prima-facie evidence of an intent to defraud.	2165

Sec. 5107.14.  (A) An assistance group is ineligible to	2166
participate in Ohio works first unless the following enter into a	2167
written self-sufficiency contract with the county department of	2168
job and family services not later than thirty days after the	2169
assistance group applies for or undergoes a redetermination of	2170
eligibility for the program:	2171

(1) Each adult member of the assistance group;

2172

(2) The assistance group's minor head of household unless the	2173
minor head of household is participating in the LEAP program.	2174

(B) A self-sufficiency contract shall set forth the rights	2175
and responsibilities of the assistance group as applicants for and	2176
participants of Ohio works first. Each self-sufficiency contract	2177
shall include, based on appraisals conducted under section 5107.41	2178
of the Revised Code and assessments conducted under section	2179
5107.70 of the Revised Code, the following:	2180

(1) The assistance group's plan, developed under section	2181
5107.41 of the Revised Code, to achieve the goal of self	2182
sufficiency and personal responsibility through unsubsidized	2183
employment within the time limit for participating in Ohio works	2184
first established by section 5107.18 of the Revised Code;	2185

(2) Work activities, developmental activities, and	2186
alternative work activities to which members of the assistance	2187
group are assigned under sections 5107.40 to 5107.69 of the	2188
Revised Code;	2189

(3) The responsibility of a caretaker member of the	2190
assistance group to cooperate in establishing a minor child's	2191
paternity and establishing, modifying, and enforcing a support	2192
order for the child in accordance with section 5107.22 of the	2193
Revised Code;	2194

(4) Other responsibilities that members of the assistance	2195
group must satisfy to participate in Ohio works first and the	2196
consequences for failure or refusal to satisfy the	2197
responsibilities;	2198

(5) An agreement that, except as otherwise provided in a	2199
waiver issued under section 5107.714 of the Revised Code, the	2200
assistance group will comply with the conditions of participating	2201
in Ohio works first established by this chapter and sections	2202
5101.58, 5101.59, and 5101.83 of the Revised Code;	2203

(6) Assistance and services the county department will	2204
provide to the assistance group;	2205

(7) Assistance and services the child support enforcement	2206
agency and public children services agency will provide to the	2207
assistance group pursuant to a plan of cooperation entered into	2208
under section 307.983 of the Revised Code;	2209

(8) Other provisions designed to assist the assistance group	2210
in achieving self sufficiency and personal responsibility;	2211

(9) Procedures for assessing whether responsibilities are	2212
being satisfied and whether the contract should be amended;	2213

(10) Procedures for amending the contract.

2214

(C) No self-sufficiency contract shall include provisions	2215
regarding the LEAP program.	2216

(D) The county department shall provide without charge a copy	2217
of the self-sufficiency contract to each assistance group member	2218
who signs it.	2219

Sec. 5577.05. (A) No vehicle shall be operated upon the	2220
public highways, streets, bridges, and culverts within the state,	2221
whose dimensions exceed those specified in this section.	2222

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

2223

(1) One hundred four inches for passenger bus type vehicles	2224
operated exclusively within municipal corporations;	2225

(2) One hundred two inches, excluding such safety devices as	2226
are required by law, for passenger bus type vehicles operated over	2227
freeways, and such other state roads with minimum pavement widths	2228
of twenty-two feet, except those roads or portions thereofof	2229
roads over which operation of one hundred two-inch buses is	2230
prohibited by order of the director of transportation;	2231

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

2232

(4) One hundred two inches for recreational vehicles,	2233
excluding safety devices and retracted awnings and other	2234
appurtenances of six inches or less in width and except that the	2235
director may prohibit the operation of one hundred two inch	2236
recreational vehicles on designated state highways or portions of	2237
highways;	2238

(5) One hundred two inches, including load, for all other	2239
vehicles, except that the director may prohibit the operation of	2240
one hundred two-inch vehicles on such state highways or portions	2241
thereofof state highways as the director designates.	2242

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

2243

(1) Sixty-six feet for passenger bus type vehicles and	2244
articulated passenger bus type vehicles operated by a regional	2245
transit authority pursuant to sections 306.30 to 306.54 of the	2246
Revised Code;	2247

(2) Forty-five feet for all other passenger bus type	2248
vehicles;	2249

(3) Fifty-three feet for any semitrailer when operated in a	2250
commercial tractor-semitrailer combination, with or without load,	2251
except that the director may prohibit the operation of any such	2252
commercial tractor-semitrailer combination on such state highways	2253
or portions thereofof state highways as the director designates.	2254

(4) Twenty-eight and one-half feet for any semitrailer or	2255
trailer when operated in a commercial tractor-semitrailer-trailer	2256
or commercial tractor-semitrailer-semitrailer combination, except	2257
that the director may prohibit the operation of any such	2258
commercial tractor-semitrailer-trailer or commercial	2259
tractor-semitrailer-semitrailer combination on such state highways	2260
or portions thereofof state highways as the director designates;	2261

(5)(a) Ninety-seven feet for drive-away saddlemount vehicle	2262
transporter combinations and drive-away saddlemount with fullmount	2263
vehicle transporter combinations when operated on any interstate,	2264
United States route, or state route, including reasonable access	2265
travel on all other roadways for a distance not to exceed one road	2266
mile from any interstate, United States route, or state route, not	2267
to exceed three saddlemounted vehicles, but which may include one	2268
fullmount;	2269

(b) Seventy-five feet for drive-away saddlemount vehicle	2270
transporter combinations and drive-away saddlemount with fullmount	2271
vehicle transporter combinations, when operated on any roadway not	2272
designated as an interstate, United States route, or state route,	2273
not to exceed three saddlemounted vehicles, but which may include	2274
one fullmount;	2275

(6) Sixty-five feet for any other combination of vehicles	2276
coupled together, with or without load, except as provided in	2277
divisions (C)(3) and (4), and in division (E) of this section;	2278

(7) Forty-five feet for recreational vehicles;

2279

(8) Forty feet for all other vehicles except trailers and	2280
semitrailers, with or without load.	2281

(D) No such vehicle shall have a height in excess of thirteen	2282
feet six inches, with or without load.	2283

(E) An automobile transporter or boat transporter shall be	2284
allowed a length of sixty-five feet and a stinger-steered	2285
automobile transporter or stinger-steered boat transporter shall	2286
be allowed a length of seventy-five feet, except that the load	2287
thereon may extend no more than four feet beyond the rear of such	2288
vehicles and may extend no more than three feet beyond the front	2289
of such vehicles, and except further that the director may	2290
prohibit the operation of a stinger-steered automobile	2291
transporter, stinger-steered boat transporter, or a B-train	2292
assembly on any state highway or portion thereofof any state	2293
highway that the director designates.	2294

(F) The widths prescribed in division (B) of this section	2295
shall not include side mirrors, turn signal lamps, marker lamps,	2296
handholds for cab entry and egress, flexible fender extensions,	2297
mud flaps, splash and spray suppressant devices, and load-induced	2298
tire bulge.	2299

The width prescribed in division (B)(5) of this section shall	2300
not include automatic covering devices, tarp and tarp hardware,	2301
and tiedown assemblies, provided these safety devices do not	2302
extend more than three inches from each side of the vehicle.	2303

The lengths prescribed in divisions (C)(2) to (8) of this	2304
section shall not include safety devices, bumpers attached to the	2305
front or rear of such bus or combination, nonproperty carrying	2306
devices or components that do not extend more than twenty-four	2307
inches beyond the rear of the vehicle and are needed for loading	2308
or unloading, B-train assembly used between the first and second	2309
semitrailer of a commercial tractor-semitrailer-semitrailer	2310
combination, energy conservation devices as provided in any	2311
regulations adopted by the secretary of the United States	2312
department of transportation, or any noncargo-carrying	2313
refrigeration equipment attached to the front of trailers and	2314
semitrailers. In special cases, vehicles whose dimensions exceed	2315
those prescribed by this section may operate in accordance with	2316
rules adopted by the director.	2317

(G) This section does not apply to fire engines, fire trucks,	2318
or other vehicles or apparatus belonging to any municipal	2319
corporation or to the volunteer fire department of any municipal	2320
corporation or used by such department in the discharge of its	2321
functions. This section does not apply to vehicles and pole	2322
trailers used in the transportation of wooden and metal poles, nor	2323
to the transportation of pipes or well-drilling equipment, nor to	2324
farm machinery and equipment. The owner or operator of any	2325
vehicle, machinery, or equipment not specifically enumerated in	2326
this section but the dimensions of which exceed the dimensions	2327
provided by this section, when operating the same on the highways	2328
and streets of this state, shall comply with the rules of the	2329
director governing such movement, whichthat the director may	2330
adopt. Sections 119.01 to 119.13 of the Revised Code apply to any	2331
rules the director adopts under this section, or the amendment or	2332
rescission thereofof the rules, and any person adversely affected	2333
shall have the same right of appeal as provided in those sections.	2334

This section does not require the state, a municipal	2335
corporation, county, township, or any railroad or other private	2336
corporation to provide sufficient vertical clearance to permit the	2337
operation of such vehicle, or to make any changes in or about	2338
existing structures now crossing streets, roads, and other public	2339
thoroughfares in this state.	2340

(H) As used in this section, "recreational vehicle" has the	2341
same meaning as in section 4501.01 of the Revised Code.	2342

Section 2.  That existing sections 2935.36, 2951.041,	2343
4506.01, 4506.05, 4506.07, 4506.09, 4506.10, 4506.101, 4506.12,	2344
4506.13, 4506.14, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21,	2345
4510.03, 4510.036, 4513.37, 5101.35, 5101.351, 5107.12, 5107.14,	2346
and 5577.05 of the Revised Code are hereby repealed.	2347

Section 3.  Notwithstanding any provision of section 4141.301	2348
of the Revised Code to the contrary, with respect to compensation	2349
for weeks of unemployment beginning after December 17, 2010, and	2350
ending on the close of the last day of the week ending four weeks	2351
prior to the last week in which one hundred per cent federal	2352
sharing is available under Section 2005(a) of the "American	2353
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, without	2354
regard to the extension of federal sharing for certain claims as	2355
provided under Section 2005(c) of that Act, and the option of a	2356
three-year look-back is authorized by the "Tax Relief,	2357
Unemployment Insurance Reauthorization, and Job Creation Act of	2358
2010," Pub. L. No. 111-312, as amended, or any other federal law	2359
that authorizes both, the word "two" as used in divisions	2360
(A)(3)(a)(ii) and (A)(5) of section 4141.301 of the Revised Code	2361
shall be changed to "three."	2362

Section 4.  Section 3 of this act first applies retroactively	2363
as of December 31, 2011.	2364

Section 5.  This act is hereby declared to be an emergency	2365
measure necessary for the immediate preservation of the public	2366
peace, health, and safety. The reasons for such necessity lie in	2367
the fact that money to fund state highway construction and repair	2368
projects necessary for the safety and convenience of the traveling	2369
public and the ability to issue commercial driver's licenses to	2370
Ohioans to operate commercial motor vehicles in interstate	2371
commerce are at risk if this legislation is not effective by	2372
January 1, 2012, and in the need, in these times of high	2373
unemployment, to provide continued assistance to those who have	2374
been struggling to find work in this difficult economic climate,	2375
while at the same time protecting the health and safety of the	2376
public. Therefore, this act shall go into immediate effect.	2377