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To amend sections 4501.01, 4501.13, 4503.04, 4503.21, | 1 |
4503.22, 4503.544, 4507.05, 4507.11, 4511.01, | 2 |
4511.53, 4513.241, 4517.33, 4519.01, 4519.02, and | 3 |
4775.09 and to enact sections 4511.214 and | 4 |
4511.215 of the Revised Code to establish | 5 |
conditions for the operation of certain | 6 |
specialized motor vehicles, including low-speed | 7 |
and under-speed vehicles, scooters, cab-enclosed | 8 |
motorcycles, and mini-trucks; to establish | 9 |
conditions for operation of a motorcycle with a | 10 |
temporary instruction permit; to prohibit a motor | 11 |
vehicle manufacturer, remanufacturer, or | 12 |
distributor from providing to a licensed motor | 13 |
vehicle dealer a motor vehicle that violates | 14 |
window tinting standards; to increase the penalty | 15 |
for installing nonconforming glass or other | 16 |
material; to establish civil liability for | 17 |
installing nonconforming glass or other material, | 18 |
including costs and attorney fees; and to impose a | 19 |
registration or license suspension up to 180 days | 20 |
on a registered motor vehicle collision repair | 21 |
facility or licensed motor vehicle dealer upon a | 22 |
second or subsequent violation for installing | 23 |
nonconforming glass or other material. | 24 |
Section 1. That sections 4501.01, 4501.13, 4503.04, 4503.21, | 25 |
4503.22, 4503.544, 4507.05, 4507.11, 4511.01, 4511.53, 4513.241, | 26 |
4517.33, 4519.01, 4519.02, and 4775.09 be amended and sections | 27 |
4511.214 and 4511.215 of the Revised Code be enacted to read as | 28 |
follows: | 29 |
Sec. 4501.01. As used in this chapter and Chapters 4503., | 30 |
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the | 31 |
Revised Code, and in the penal laws, except as otherwise provided: | 32 |
(A) "Vehicles" means everything on wheels or runners, | 33 |
including motorized bicycles, but does not mean electric personal | 34 |
assistive mobility devices, vehicles that are operated exclusively | 35 |
on rails or tracks or from overhead electric trolley wires, and | 36 |
vehicles that belong to any police department, municipal fire | 37 |
department, or volunteer fire department, or that are used by such | 38 |
a department in the discharge of its functions. | 39 |
(B) "Motor vehicle" means any vehicle, including mobile homes | 40 |
and recreational vehicles, that is propelled or drawn by power | 41 |
other than muscular power or power collected from overhead | 42 |
electric trolley wires. "Motor vehicle" does not include | 43 |
under-speed vehicles as defined in division | 44 |
section, mini-trucks as defined in section 4519.01 of the Revised | 45 |
Code, motorized bicycles, road rollers, traction engines, power | 46 |
shovels, power cranes, and other equipment used in construction | 47 |
work and not designed for or employed in general highway | 48 |
transportation, well-drilling machinery, ditch-digging machinery, | 49 |
farm machinery, and trailers that are designed and used | 50 |
exclusively to transport a boat between a place of storage and a | 51 |
marina, or in and around a marina, when drawn or towed on a public | 52 |
road or highway for a distance of no more than ten miles and at a | 53 |
speed of twenty-five miles per hour or less. | 54 |
(C) "Agricultural tractor" and "traction engine" mean any | 55 |
self-propelling vehicle that is designed or used for drawing other | 56 |
vehicles or wheeled machinery, but has no provisions for carrying | 57 |
loads independently of such other vehicles, and that is used | 58 |
principally for agricultural purposes. | 59 |
(D) "Commercial tractor," except as defined in division (C) | 60 |
of this section, means any motor vehicle that has motive power and | 61 |
either is designed or used for drawing other motor vehicles, or is | 62 |
designed or used for drawing another motor vehicle while carrying | 63 |
a portion of the other motor vehicle or its load, or both. | 64 |
(E) "Passenger car" means any motor vehicle that is designed | 65 |
and used for carrying not more than nine persons and includes any | 66 |
motor vehicle that is designed and used for carrying not more than | 67 |
fifteen persons in a ridesharing arrangement. | 68 |
(F) "Collector's vehicle" means any motor vehicle or | 69 |
agricultural tractor or traction engine that is of special | 70 |
interest, that has a fair market value of one hundred dollars or | 71 |
more, whether operable or not, and that is owned, operated, | 72 |
collected, preserved, restored, maintained, or used essentially as | 73 |
a collector's item, leisure pursuit, or investment, but not as the | 74 |
owner's principal means of transportation. "Licensed collector's | 75 |
vehicle" means a collector's vehicle, other than an agricultural | 76 |
tractor or traction engine, that displays current, valid license | 77 |
tags issued under section 4503.45 of the Revised Code, or a | 78 |
similar type of motor vehicle that displays current, valid license | 79 |
tags issued under substantially equivalent provisions in the laws | 80 |
of other states. | 81 |
(G) "Historical motor vehicle" means any motor vehicle that | 82 |
is over twenty-five years old and is owned solely as a collector's | 83 |
item and for participation in club activities, exhibitions, tours, | 84 |
parades, and similar uses, but that in no event is used for | 85 |
general transportation. | 86 |
(H) "Noncommercial motor vehicle" means any motor vehicle, | 87 |
including a farm truck as defined in section 4503.04 of the | 88 |
Revised Code, that is designed by the manufacturer to carry a load | 89 |
of no more than one ton and is used exclusively for purposes other | 90 |
than engaging in business for profit. | 91 |
(I) "Bus" means any motor vehicle that has motor power and is | 92 |
designed and used for carrying more than nine passengers, except | 93 |
any motor vehicle that is designed and used for carrying not more | 94 |
than fifteen passengers in a ridesharing arrangement. | 95 |
(J) "Commercial car" or "truck" means any motor vehicle that | 96 |
has motor power and is designed and used for carrying merchandise | 97 |
or freight, or that is used as a commercial tractor. | 98 |
(K) "Bicycle" means every device, other than a tricycle that | 99 |
is designed solely for use as a play vehicle by a child, that is | 100 |
propelled solely by human power upon which any person may ride, | 101 |
and that has two tandem wheels, or one wheel in front and two | 102 |
wheels in the rear, or two wheels in the front and one wheel in | 103 |
the rear, any of which is more than fourteen inches in diameter. | 104 |
(L) "Motorized bicycle" or "moped" means any vehicle that | 105 |
either has two tandem wheels or one wheel in the front and two | 106 |
wheels in the rear, that | 107 |
that is equipped with a helper motor of not more than fifty cubic | 108 |
centimeters piston displacement that produces no more than one | 109 |
brake horsepower and is capable of propelling the vehicle at a | 110 |
speed of no greater than twenty miles per hour on a level surface. | 111 |
(M) "Trailer" means any vehicle without motive power that is | 112 |
designed or used for carrying property or persons wholly on its | 113 |
own structure and for being drawn by a motor vehicle, and includes | 114 |
any such vehicle that is formed by or operated as a combination of | 115 |
a semitrailer and a vehicle of the dolly type such as that | 116 |
commonly known as a trailer dolly, a vehicle used to transport | 117 |
agricultural produce or agricultural production materials between | 118 |
a local place of storage or supply and the farm when drawn or | 119 |
towed on a public road or highway at a speed greater than | 120 |
twenty-five miles per hour, and a vehicle that is designed and | 121 |
used exclusively to transport a boat between a place of storage | 122 |
and a marina, or in and around a marina, when drawn or towed on a | 123 |
public road or highway for a distance of more than ten miles or at | 124 |
a speed of more than twenty-five miles per hour. "Trailer" does | 125 |
not include a manufactured home or travel trailer. | 126 |
(N) "Noncommercial trailer" means any trailer, except a | 127 |
travel trailer or trailer that is used to transport a boat as | 128 |
described in division (B) of this section, but, where applicable, | 129 |
includes a vehicle that is used to transport a boat as described | 130 |
in division (M) of this section, that has a gross weight of no | 131 |
more than three thousand pounds, and that is used exclusively for | 132 |
purposes other than engaging in business for a profit. | 133 |
(O) "Mobile home" means a building unit or assembly of closed | 134 |
construction that is fabricated in an off-site facility, is more | 135 |
than thirty-five body feet in length or, when erected on site, is | 136 |
three hundred twenty or more square feet, is built on a permanent | 137 |
chassis, is transportable in one or more sections, and does not | 138 |
qualify as a manufactured home as defined in division (C)(4) of | 139 |
section 3781.06 of the Revised Code or as an industrialized unit | 140 |
as defined in division (C)(3) of section 3781.06 of the Revised | 141 |
Code. | 142 |
(P) "Semitrailer" means any vehicle of the trailer type that | 143 |
does not have motive power and is so designed or used with another | 144 |
and separate motor vehicle that in operation a part of its own | 145 |
weight or that of its load, or both, rests upon and is carried by | 146 |
the other vehicle furnishing the motive power for propelling | 147 |
itself and the vehicle referred to in this division, and includes, | 148 |
for the purpose only of registration and taxation under those | 149 |
chapters, any vehicle of the dolly type, such as a trailer dolly, | 150 |
that is designed or used for the conversion of a semitrailer into | 151 |
a trailer. | 152 |
(Q) "Recreational vehicle" means a vehicular portable | 153 |
structure that meets all of the following conditions: | 154 |
(1) It is designed for the sole purpose of recreational | 155 |
travel. | 156 |
(2) It is not used for the purpose of engaging in business | 157 |
for profit. | 158 |
(3) It is not used for the purpose of engaging in intrastate | 159 |
commerce. | 160 |
(4) It is not used for the purpose of commerce as defined in | 161 |
49 C.F.R. 383.5, as amended. | 162 |
(5) It is not regulated by the public utilities commission | 163 |
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code. | 164 |
(6) It is classed as one of the following: | 165 |
(a) "Travel trailer" or "house vehicle" means a | 166 |
nonself-propelled recreational vehicle that does not exceed an | 167 |
overall length of | 168 |
tongue or coupling | 169 |
170 | |
includes a tent-type fold-out camping trailer as defined in | 171 |
section 4517.01 of the Revised Code. | 172 |
(b) "Motor home" means a self-propelled recreational vehicle | 173 |
that has no fifth wheel and is constructed with permanently | 174 |
installed facilities for cold storage, cooking and consuming of | 175 |
food, and for sleeping. | 176 |
(c) "Truck camper" means a nonself-propelled recreational | 177 |
vehicle that does not have wheels for road use and is designed to | 178 |
be placed upon and attached to a motor vehicle. "Truck camper" | 179 |
does not include truck covers that consist of walls and a roof, | 180 |
but do not have floors and facilities enabling them to be used as | 181 |
a dwelling. | 182 |
(d) "Fifth wheel trailer" means a vehicle that is of such | 183 |
size and weight as to be movable without a special highway permit, | 184 |
185 | |
that is constructed with a raised forward section that allows a | 186 |
bi-level floor plan, and that is designed to be towed by a vehicle | 187 |
equipped with a fifth-wheel hitch ordinarily installed in the bed | 188 |
of a truck. | 189 |
(e) "Park trailer" means a vehicle that is commonly known as | 190 |
a park model recreational vehicle, meets the American national | 191 |
standard institute standard A119.5 (1988) for park trailers, is | 192 |
built on a single chassis, has a gross trailer area of four | 193 |
hundred square feet or less when set up, is designed for seasonal | 194 |
or temporary living quarters, and may be connected to utilities | 195 |
necessary for the operation of installed features and appliances. | 196 |
(R) "Pneumatic tires" means tires of rubber and fabric or | 197 |
tires of similar material, that are inflated with air. | 198 |
(S) "Solid tires" means tires of rubber or similar elastic | 199 |
material that are not dependent upon confined air for support of | 200 |
the load. | 201 |
(T) "Solid tire vehicle" means any vehicle that is equipped | 202 |
with two or more solid tires. | 203 |
(U) "Farm machinery" means all machines and tools that are | 204 |
used in the production, harvesting, and care of farm products, and | 205 |
includes trailers that are used to transport agricultural produce | 206 |
or agricultural production materials between a local place of | 207 |
storage or supply and the farm, agricultural tractors, threshing | 208 |
machinery, hay-baling machinery, corn shellers, hammermills, and | 209 |
machinery used in the production of horticultural, agricultural, | 210 |
and vegetable products. | 211 |
(V) "Owner" includes any person or firm, other than a | 212 |
manufacturer or dealer, that has title to a motor vehicle, except | 213 |
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" | 214 |
includes in addition manufacturers and dealers. | 215 |
(W) "Manufacturer" and "dealer" include all persons and firms | 216 |
that are regularly engaged in the business of manufacturing, | 217 |
selling, displaying, offering for sale, or dealing in motor | 218 |
vehicles, at an established place of business that is used | 219 |
exclusively for the purpose of manufacturing, selling, displaying, | 220 |
offering for sale, or dealing in motor vehicles. A place of | 221 |
business that is used for manufacturing, selling, displaying, | 222 |
offering for sale, or dealing in motor vehicles shall be deemed to | 223 |
be used exclusively for those purposes even though snowmobiles or | 224 |
all-purpose vehicles are sold or displayed for sale thereat, even | 225 |
though farm machinery is sold or displayed for sale thereat, or | 226 |
even though repair, accessory, gasoline and oil, storage, parts, | 227 |
service, or paint departments are maintained thereat, or, in any | 228 |
county having a population of less than seventy-five thousand at | 229 |
the last federal census, even though a department in a place of | 230 |
business is used to dismantle, salvage, or rebuild motor vehicles | 231 |
by means of used parts, if such departments are operated for the | 232 |
purpose of furthering and assisting in the business of | 233 |
manufacturing, selling, displaying, offering for sale, or dealing | 234 |
in motor vehicles. Places of business or departments in a place of | 235 |
business used to dismantle, salvage, or rebuild motor vehicles by | 236 |
means of using used parts are not considered as being maintained | 237 |
for the purpose of assisting or furthering the manufacturing, | 238 |
selling, displaying, and offering for sale or dealing in motor | 239 |
vehicles. | 240 |
(X) "Operator" includes any person who drives or operates a | 241 |
motor vehicle upon the public highways. | 242 |
(Y) "Chauffeur" means any operator who operates a motor | 243 |
vehicle, other than a taxicab, as an employee for hire; or any | 244 |
operator whether or not the owner of a motor vehicle, other than a | 245 |
taxicab, who operates such vehicle for transporting, for gain, | 246 |
compensation, or profit, either persons or property owned by | 247 |
another. Any operator of a motor vehicle who is voluntarily | 248 |
involved in a ridesharing arrangement is not considered an | 249 |
employee for hire or operating such vehicle for gain, | 250 |
compensation, or profit. | 251 |
(Z) "State" includes the territories and federal districts of | 252 |
the United States, and the provinces of Canada. | 253 |
(AA) "Public roads and highways" for vehicles includes all | 254 |
public thoroughfares, bridges, and culverts. | 255 |
(BB) "Manufacturer's number" means the manufacturer's | 256 |
original serial number that is affixed to or imprinted upon the | 257 |
chassis or other part of the motor vehicle. | 258 |
(CC) "Motor number" means the manufacturer's original number | 259 |
that is affixed to or imprinted upon the engine or motor of the | 260 |
vehicle. | 261 |
(DD) "Distributor" means any person who is authorized by a | 262 |
motor vehicle manufacturer to distribute new motor vehicles to | 263 |
licensed motor vehicle dealers at an established place of business | 264 |
that is used exclusively for the purpose of distributing new motor | 265 |
vehicles to licensed motor vehicle dealers, except when the | 266 |
distributor also is a new motor vehicle dealer, in which case the | 267 |
distributor may distribute at the location of the distributor's | 268 |
licensed dealership. | 269 |
(EE) "Ridesharing arrangement" means the transportation of | 270 |
persons in a motor vehicle where the transportation is incidental | 271 |
to another purpose of a volunteer driver and includes ridesharing | 272 |
arrangements known as carpools, vanpools, and buspools. | 273 |
(FF) "Apportionable vehicle" means any vehicle that is used | 274 |
or intended for use in two or more international registration plan | 275 |
member jurisdictions that allocate or proportionally register | 276 |
vehicles, that is used for the transportation of persons for hire | 277 |
or designed, used, or maintained primarily for the transportation | 278 |
of property, and that meets any of the following qualifications: | 279 |
(1) Is a power unit having a gross vehicle weight in excess | 280 |
of twenty-six thousand pounds; | 281 |
(2) Is a power unit having three or more axles, regardless of | 282 |
the gross vehicle weight; | 283 |
(3) Is a combination vehicle with a gross vehicle weight in | 284 |
excess of twenty-six thousand pounds. | 285 |
"Apportionable vehicle" does not include recreational | 286 |
vehicles, vehicles displaying restricted plates, city pick-up and | 287 |
delivery vehicles, buses used for the transportation of chartered | 288 |
parties, or vehicles owned and operated by the United States, this | 289 |
state, or any political subdivisions thereof. | 290 |
(GG) "Chartered party" means a group of persons who contract | 291 |
as a group to acquire the exclusive use of a passenger-carrying | 292 |
motor vehicle at a fixed charge for the vehicle in accordance with | 293 |
the carrier's tariff, lawfully on file with the United States | 294 |
department of transportation, for the purpose of group travel to a | 295 |
specified destination or for a particular itinerary, either agreed | 296 |
upon in advance or modified by the chartered group after having | 297 |
left the place of origin. | 298 |
(HH) "International registration plan" means a reciprocal | 299 |
agreement of member jurisdictions that is endorsed by the American | 300 |
association of motor vehicle administrators, and that promotes and | 301 |
encourages the fullest possible use of the highway system by | 302 |
authorizing apportioned registration of fleets of vehicles and | 303 |
recognizing registration of vehicles apportioned in member | 304 |
jurisdictions. | 305 |
(II) "Restricted plate" means a license plate that has a | 306 |
restriction of time, geographic area, mileage, or commodity, and | 307 |
includes license plates issued to farm trucks under division (J) | 308 |
of section 4503.04 of the Revised Code. | 309 |
(JJ) "Gross vehicle weight," with regard to any commercial | 310 |
car, trailer, semitrailer, or bus that is taxed at the rates | 311 |
established under section 4503.042 or 4503.65 of the Revised Code, | 312 |
means the unladen weight of the vehicle fully equipped plus the | 313 |
maximum weight of the load to be carried on the vehicle. | 314 |
(KK) "Combined gross vehicle weight" with regard to any | 315 |
combination of a commercial car, trailer, and semitrailer, that is | 316 |
taxed at the rates established under section 4503.042 or 4503.65 | 317 |
of the Revised Code, means the total unladen weight of the | 318 |
combination of vehicles fully equipped plus the maximum weight of | 319 |
the load to be carried on that combination of vehicles. | 320 |
(LL) "Chauffeured limousine" means a motor vehicle that is | 321 |
designed to carry nine or fewer passengers and is operated for | 322 |
hire on an hourly basis pursuant to a prearranged contract for the | 323 |
transportation of passengers on public roads and highways along a | 324 |
route under the control of the person hiring the vehicle and not | 325 |
over a defined and regular route. "Prearranged contract" means an | 326 |
agreement, made in advance of boarding, to provide transportation | 327 |
from a specific location in a chauffeured limousine at a fixed | 328 |
rate per hour or trip. "Chauffeured limousine" does not include | 329 |
any vehicle that is used exclusively in the business of funeral | 330 |
directing. | 331 |
(MM) "Manufactured home" has the same meaning as in division | 332 |
(C)(4) of section 3781.06 of the Revised Code. | 333 |
(NN) "Acquired situs," with respect to a manufactured home or | 334 |
a mobile home, means to become located in this state by the | 335 |
placement of the home on real property, but does not include the | 336 |
placement of a manufactured home or a mobile home in the inventory | 337 |
of a new motor vehicle dealer or the inventory of a manufacturer, | 338 |
remanufacturer, or distributor of manufactured or mobile homes. | 339 |
(OO) "Electronic" includes electrical, digital, magnetic, | 340 |
optical, electromagnetic, or any other form of technology that | 341 |
entails capabilities similar to these technologies. | 342 |
(PP) "Electronic record" means a record generated, | 343 |
communicated, received, or stored by electronic means for use in | 344 |
an information system or for transmission from one information | 345 |
system to another. | 346 |
(QQ) "Electronic signature" means a signature in electronic | 347 |
form attached to or logically associated with an electronic | 348 |
record. | 349 |
(RR) "Financial transaction device" has the same meaning as | 350 |
in division (A) of section 113.40 of the Revised Code. | 351 |
(SS) "Electronic motor vehicle dealer" means a motor vehicle | 352 |
dealer licensed under Chapter 4517. of the Revised Code whom the | 353 |
registrar of motor vehicles determines meets the criteria | 354 |
designated in section 4503.035 of the Revised Code for electronic | 355 |
motor vehicle dealers and designates as an electronic motor | 356 |
vehicle dealer under that section. | 357 |
(TT) "Electric personal assistive mobility device" means a | 358 |
self-balancing two non-tandem wheeled device that is designed to | 359 |
transport only one person, has an electric propulsion system of an | 360 |
average of seven hundred fifty watts, and when ridden on a paved | 361 |
level surface by an operator who weighs one hundred seventy pounds | 362 |
has a maximum speed of less than twenty miles per hour. | 363 |
(UU) "Limited driving privileges" means the privilege to | 364 |
operate a motor vehicle that a court grants under section 4510.021 | 365 |
of the Revised Code to a person whose driver's or commercial | 366 |
driver's license or permit or nonresident operating privilege has | 367 |
been suspended. | 368 |
(VV) "Utility vehicle" means a self-propelled under-speed | 369 |
motor vehicle designed with a bed, principally for the purpose of | 370 |
transporting material or cargo in connection with construction, | 371 |
agricultural, forestry, grounds maintenance, lawn and garden, | 372 |
materials handling, or similar activities. | 373 |
374 | |
375 | |
376 | |
377 |
(WW) "Low-speed vehicle" means a three- or four-wheeled motor | 378 |
vehicle with an attainable speed in one mile on a paved level | 379 |
surface of more than twenty miles per hour but not more than | 380 |
twenty-five miles per hour and with a gross vehicle weight rating | 381 |
less than three thousand pounds. | 382 |
(XX) "Under-speed vehicle" means a three- or four-wheeled | 383 |
vehicle, including a utility vehicle and a vehicle commonly known | 384 |
as a golf cart, with an attainable speed on a paved level surface | 385 |
of not more than twenty miles per hour and with a gross vehicle | 386 |
weight rating less than three thousand pounds. | 387 |
(YY) "Motor-driven cycle or motor scooter" means any vehicle | 388 |
designed to travel on not more than three wheels in contact with | 389 |
the ground, with a seat for the driver and floor pad for the | 390 |
driver's feet, and is equipped with a motor with a piston | 391 |
displacement between fifty and one hundred fifty cubic centimeters | 392 |
piston displacement that produces not more than five brake | 393 |
horsepower and is capable of propelling the vehicle at a speed | 394 |
greater than twenty miles per hour on a level surface. | 395 |
(ZZ) "Motorcycle" means a motor vehicle with motive power | 396 |
having a seat or saddle for the use of the operator, designed to | 397 |
travel on not more than three wheels in contact with the ground, | 398 |
and having no occupant compartment top or occupant compartment top | 399 |
that can be installed or removed by the user. | 400 |
(AAA) "Cab-enclosed motorcycle" means a motor vehicle with | 401 |
motive power having a seat or saddle for the use of the operator, | 402 |
designed to travel on not more than three wheels in contact with | 403 |
the ground, and having an occupant compartment top or an occupant | 404 |
compartment top that can be installed or removed by the user. | 405 |
Sec. 4501.13. Six dollars of each registration fee | 406 |
designated for payment to the registrar of motor vehicles in | 407 |
division (A) | 408 |
be deposited in the motorcycle safety and education fund, which is | 409 |
hereby created in the state treasury and, unless otherwise | 410 |
provided by law, shall be used solely to pay part or all of the | 411 |
costs of conducting the motorcycle safety and education program | 412 |
created by section 4508.08 of the Revised Code. | 413 |
Sec. 4503.04. Except as provided in sections 4503.042 and | 414 |
4503.65 of the Revised Code for the registration of commercial | 415 |
cars, trailers, semitrailers, and certain buses, the rates of the | 416 |
taxes imposed by section 4503.02 of the Revised Code shall be as | 417 |
follows: | 418 |
(A)(1) For motor vehicles having three wheels or less, the | 419 |
license tax is: | 420 |
| 421 |
| 422 |
motor-driven cycle, or motor scooter, fourteen dollars. | 423 |
(2) For each low-speed and under-speed vehicle, ten dollars. | 424 |
(B) For each passenger car, twenty dollars; | 425 |
(C) For each manufactured home, each mobile home, and each | 426 |
travel trailer or house vehicle, ten dollars; | 427 |
(D) For each noncommercial motor vehicle designed by the | 428 |
manufacturer to carry a load of no more than three-quarters of one | 429 |
ton and for each motor home, thirty-five dollars; for each | 430 |
noncommercial motor vehicle designed by the manufacturer to carry | 431 |
a load of more than three-quarters of one ton, but not more than | 432 |
one ton, seventy dollars; | 433 |
(E) For each noncommercial trailer, the license tax is: | 434 |
(1) Eighty-five cents for each one hundred pounds or part | 435 |
thereof for the first two thousand pounds or part thereof of | 436 |
weight of vehicle fully equipped; | 437 |
(2) One dollar and forty cents for each one hundred pounds or | 438 |
part thereof in excess of two thousand pounds up to and including | 439 |
three thousand pounds. | 440 |
(F) Notwithstanding its weight, twelve dollars for any: | 441 |
(1) Vehicle equipped, owned, and used by a charitable or | 442 |
nonprofit corporation exclusively for the purpose of administering | 443 |
chest x-rays or receiving blood donations; | 444 |
(2) Van used principally for the transportation of | 445 |
handicapped persons that has been modified by being equipped with | 446 |
adaptive equipment to facilitate the movement of such persons into | 447 |
and out of the van; | 448 |
(3) Bus used principally for the transportation of | 449 |
handicapped persons or persons sixty-five years of age or older | 450 |
(G) Notwithstanding its weight, twenty dollars for any bus | 451 |
used principally for the transportation of persons in a | 452 |
ridesharing arrangement. | 453 |
(H) For each transit bus having motor power the license tax | 454 |
is twelve dollars. | 455 |
"Transit bus" means either a motor vehicle having a seating | 456 |
capacity of more than seven persons which is operated and used by | 457 |
any person in the rendition of a public mass transportation | 458 |
service primarily in a municipal corporation or municipal | 459 |
corporations and provided at least seventy-five per cent of the | 460 |
annual mileage of such service and use is within such municipal | 461 |
corporation or municipal corporations or a motor vehicle having a | 462 |
seating capacity of more than seven persons which is operated | 463 |
solely for the transportation of persons associated with a | 464 |
charitable or nonprofit corporation, but does not mean any motor | 465 |
vehicle having a seating capacity of more than seven persons when | 466 |
such vehicle is used in a ridesharing capacity or any bus | 467 |
described by division (F)(3) of this section. | 468 |
The application for registration of such transit bus shall be | 469 |
accompanied by an affidavit prescribed by the registrar of motor | 470 |
vehicles and signed by the person or an agent of the firm or | 471 |
corporation operating such bus stating that the bus has a seating | 472 |
capacity of more than seven persons, and that it is either to be | 473 |
operated and used in the rendition of a public mass transportation | 474 |
service and that at least seventy-five per cent of the annual | 475 |
mileage of such operation and use shall be within one or more | 476 |
municipal corporations or that it is to be operated solely for the | 477 |
transportation of persons associated with a charitable or | 478 |
nonprofit corporation. | 479 |
The form of the license plate, and the manner of its | 480 |
attachment to the vehicle, shall be prescribed by the registrar of | 481 |
motor vehicles. | 482 |
(I) | 483 |
of this section, the minimum tax for any vehicle having motor | 484 |
power | 485 |
is ten dollars and eighty cents, and for each noncommercial | 486 |
trailer, five dollars. | 487 |
(J)(1) Except as otherwise provided in division (J) of this | 488 |
section, for each farm truck, except a noncommercial motor | 489 |
vehicle, that is owned, controlled, or operated by one or more | 490 |
farmers exclusively in farm use as defined in this section, and | 491 |
not for commercial purposes, and provided that at least | 492 |
seventy-five per cent of such farm use is by or for the one or | 493 |
more owners, controllers, or operators of the farm in the | 494 |
operation of which a farm truck is used, the license tax is five | 495 |
dollars plus: | 496 |
(a) Fifty cents per one hundred pounds or part thereof for | 497 |
the first three thousand pounds; | 498 |
(b) Seventy cents per one hundred pounds or part thereof in | 499 |
excess of three thousand pounds up to and including four thousand | 500 |
pounds; | 501 |
(c) Ninety cents per one hundred pounds or part thereof in | 502 |
excess of four thousand pounds up to and including six thousand | 503 |
pounds; | 504 |
(d) Two dollars for each one hundred pounds or part thereof | 505 |
in excess of six thousand pounds up to and including ten thousand | 506 |
pounds; | 507 |
(e) Two dollars and twenty-five cents for each one hundred | 508 |
pounds or part thereof in excess of ten thousand pounds; | 509 |
(f) The minimum license tax for any farm truck shall be | 510 |
twelve dollars. | 511 |
(2) The owner of a farm truck may register the truck for a | 512 |
period of one-half year by paying one-half the registration tax | 513 |
imposed on the truck under this chapter and one-half the amount of | 514 |
any tax imposed on the truck under Chapter 4504. of the Revised | 515 |
Code. | 516 |
(3) A farm bus may be registered for a period of ninety days | 517 |
from the date of issue of the license plates for the bus, for a | 518 |
fee of ten dollars, provided such license plates shall not be | 519 |
issued for more than any two ninety-day periods in any calendar | 520 |
year. Such use does not include the operation of trucks by | 521 |
commercial processors of agricultural products. | 522 |
(4) License plates for farm trucks and for farm buses shall | 523 |
have some distinguishing marks, letters, colors, or other | 524 |
characteristics to be determined by the director of public safety. | 525 |
(5) Every person registering a farm truck or bus under this | 526 |
section shall furnish an affidavit certifying that the truck or | 527 |
bus licensed to that person is to be so used as to meet the | 528 |
requirements necessary for the farm truck or farm bus | 529 |
classification. | 530 |
Any farmer may use a truck owned by the farmer for commercial | 531 |
purposes by paying the difference between the commercial truck | 532 |
registration fee and the farm truck registration fee for the | 533 |
remaining part of the registration period for which the truck is | 534 |
registered. Such remainder shall be calculated from the beginning | 535 |
of the semiannual period in which application for such commercial | 536 |
license is made. | 537 |
Taxes at the rates provided in this section are in lieu of | 538 |
all taxes on or with respect to the ownership of such motor | 539 |
vehicles, except as provided in section 4503.042 and section | 540 |
4503.06 of the Revised Code. | 541 |
(K) Other than trucks registered under the international | 542 |
registration plan in another jurisdiction and for which this state | 543 |
has received an apportioned registration fee, the license tax for | 544 |
each truck which is owned, controlled, or operated by a | 545 |
nonresident, and licensed in another state, and which is used | 546 |
exclusively for the transportation of nonprocessed agricultural | 547 |
products intrastate, from the place of production to the place of | 548 |
processing, is twenty-four dollars. | 549 |
"Truck," as used in this division, means any pickup truck, | 550 |
straight truck, semitrailer, or trailer other than a travel | 551 |
trailer. Nonprocessed agricultural products, as used in this | 552 |
division, does not include livestock or grain. | 553 |
A license issued under this division shall be issued for a | 554 |
period of one hundred thirty days in the same manner in which all | 555 |
other licenses are issued under this section, provided that no | 556 |
truck shall be so licensed for more than one | 557 |
one-hundred-thirty-day period during any calendar year. | 558 |
The license issued pursuant to this division shall consist of | 559 |
a windshield decal to be designed by the director of public | 560 |
safety. | 561 |
Every person registering a truck under this division shall | 562 |
furnish an affidavit certifying that the truck licensed to the | 563 |
person is to be used exclusively for the purposes specified in | 564 |
this division. | 565 |
(L) Every person registering a motor vehicle as a | 566 |
noncommercial motor vehicle as defined in section 4501.01 of the | 567 |
Revised Code, or registering a trailer as a noncommercial trailer | 568 |
as defined in that section, shall furnish an affidavit certifying | 569 |
that the motor vehicle or trailer so licensed to the person is to | 570 |
be so used as to meet the requirements necessary for the | 571 |
noncommercial vehicle classification. | 572 |
(M) Every person registering a van or bus as provided in | 573 |
divisions (F)(2) and (3) of this section shall furnish a notarized | 574 |
statement certifying that the van or bus licensed to the person is | 575 |
to be used for the purposes specified in those divisions. The form | 576 |
of the license plate issued for such motor vehicles shall be | 577 |
prescribed by the registrar. | 578 |
(N) Every person registering as a passenger car a motor | 579 |
vehicle designed and used for carrying more than nine but not more | 580 |
than fifteen passengers, and every person registering a bus as | 581 |
provided in division (G) of this section, shall furnish an | 582 |
affidavit certifying that the vehicle so licensed to the person is | 583 |
to be used in a ridesharing arrangement and that the person will | 584 |
have in effect whenever the vehicle is used in a ridesharing | 585 |
arrangement a policy of liability insurance with respect to the | 586 |
motor vehicle in amounts and coverages no less than those required | 587 |
by section 4509.79 of the Revised Code. The form of the license | 588 |
plate issued for such a motor vehicle shall be prescribed by the | 589 |
registrar. | 590 |
(O) Commencing on October 1, 2009, if an application for | 591 |
registration renewal is not applied for prior to the expiration | 592 |
date of the registration or within seven days after that date, the | 593 |
registrar or deputy registrar shall collect a fee of twenty | 594 |
dollars for the issuance of the vehicle registration, but may | 595 |
waive the fee for good cause shown if the application is | 596 |
accompanied by supporting evidence as the registrar may require. | 597 |
The fee shall be in addition to all other fees established by this | 598 |
section. A deputy registrar shall retain fifty cents of the fee | 599 |
and shall transmit the remaining amount to the registrar at the | 600 |
time and in the manner provided by section 4503.10 of the Revised | 601 |
Code. The registrar shall deposit all moneys received under this | 602 |
division into the state highway safety fund established in section | 603 |
4501.06 of the Revised Code. | 604 |
(P) As used in this section: | 605 |
(1) "Van" means any motor vehicle having a single rear axle | 606 |
and an enclosed body without a second seat. | 607 |
(2) "Handicapped person" means any person who has lost the | 608 |
use of one or both legs, or one or both arms, or is blind, deaf, | 609 |
or so severely disabled as to be unable to move about without the | 610 |
aid of crutches or a wheelchair. | 611 |
(3) "Farm truck" means a truck used in the transportation | 612 |
from the farm of products of the farm, including livestock and its | 613 |
products, poultry and its products, floricultural and | 614 |
horticultural products, and in the transportation to the farm of | 615 |
supplies for the farm, including tile, fence, and every other | 616 |
thing or commodity used in agricultural, floricultural, | 617 |
horticultural, livestock, and poultry production and livestock, | 618 |
poultry, and other animals and things used for breeding, feeding, | 619 |
or other purposes connected with the operation of the farm. | 620 |
(4) "Farm bus" means a bus used only for the transportation | 621 |
of agricultural employees and used only in the transportation of | 622 |
such employees as are necessary in the operation of the farm. | 623 |
(5) "Farm supplies" includes fuel used exclusively in the | 624 |
operation of a farm, including one or more homes located on and | 625 |
used in the operation of one or more farms, and furniture and | 626 |
other things used in and around such homes. | 627 |
Sec. 4503.21. (A) No person who is the owner or operator of | 628 |
a motor vehicle shall fail to display in plain view on the front | 629 |
and rear of the motor vehicle the distinctive number and | 630 |
registration mark, including any county identification sticker and | 631 |
any validation sticker issued under sections 4503.19 and 4503.191 | 632 |
of the Revised Code, furnished by the director of public safety, | 633 |
except that a manufacturer of motor vehicles or dealer therein, | 634 |
the holder of an in transit permit, and the owner or operator of a | 635 |
motorcycle, motorized bicycle or moped, motor-driven cycle or | 636 |
motor scooter, cab-enclosed motorcycle, manufactured home, mobile | 637 |
home, trailer, or semitrailer shall display on the rear only. A | 638 |
motor vehicle that is issued two license plates shall display the | 639 |
validation sticker only on the rear license plate, except that a | 640 |
commercial tractor that does not receive an apportioned license | 641 |
plate under the international registration plan shall display the | 642 |
validation sticker on the front of the commercial tractor. An | 643 |
apportioned vehicle receiving an apportioned license plate under | 644 |
the international registration plan shall display the license | 645 |
plate only on the front of a commercial tractor and on the rear of | 646 |
all other vehicles. All license plates shall be securely fastened | 647 |
so as not to swing, and shall not be covered by any material that | 648 |
obstructs their visibility. | 649 |
No person to whom a temporary license placard or windshield | 650 |
sticker has been issued for the use of a motor vehicle under | 651 |
section 4503.182 of the Revised Code, and no operator of that | 652 |
motor vehicle, shall fail to display the temporary license placard | 653 |
in plain view from the rear of the vehicle either in the rear | 654 |
window or on an external rear surface of the motor vehicle, or | 655 |
fail to display the windshield sticker in plain view on the rear | 656 |
window of the motor vehicle. No temporary license placard or | 657 |
windshield sticker shall be covered by any material that obstructs | 658 |
its visibility. | 659 |
(B) Whoever violates this section is guilty of a minor | 660 |
misdemeanor. | 661 |
Sec. 4503.22. The identification license plate shall consist | 662 |
of a placard upon the face of which shall appear the distinctive | 663 |
number assigned to the motor vehicle as provided in section | 664 |
4503.19 of the Revised Code, in Arabic numerals or letters, or | 665 |
both. The dimensions of the numerals or letters and of each stroke | 666 |
shall be determined by the director of public safety. The license | 667 |
placard also shall contain the name of this state and the slogan | 668 |
"BIRTHPLACE OF AVIATION." The placard shall be made of steel and | 669 |
the background shall be treated with a reflective material that | 670 |
shall provide effective and dependable reflective brightness | 671 |
during the service period required of the placard. Specifications | 672 |
for the reflective and other materials and the design of the | 673 |
placard, the county identification stickers as provided by section | 674 |
4503.19 of the Revised Code, and validation stickers as provided | 675 |
by section 4503.191 of the Revised Code, shall be adopted by the | 676 |
director as rules under sections 119.01 to 119.13 of the Revised | 677 |
Code. The identification license plate of motorized bicycles or | 678 |
mopeds, motor-driven cycles or motor scooters, cab-enclosed | 679 |
motorcycles, and | 680 |
681 | |
shall be prescribed by the director. The identification plate of a | 682 |
vehicle registered in accordance with the international | 683 |
registration plan shall contain the word "apportioned." The | 684 |
director may prescribe the type of placard, or means of fastening | 685 |
the placard, or both; the placard or means of fastening may be so | 686 |
designed and constructed as to render difficult the removal of the | 687 |
placard after it has been fastened to a motor vehicle. | 688 |
Sec. 4503.544. (A) Any person who is a retired or honorably | 689 |
discharged veteran of any branch of the armed forces of the United | 690 |
States may apply to the registrar of motor vehicles for the | 691 |
registration of any motorcycle, motorized bicycle or moped, | 692 |
motor-driven cycle or motor scooter, or cab-enclosed motorcycle | 693 |
that the person owns or leases. The application shall be | 694 |
accompanied by written evidence that the applicant is a retired or | 695 |
honorably discharged veteran of a branch of the armed forces of | 696 |
the United States that the registrar shall require by rule. | 697 |
Upon receipt of an application for registration of a | 698 |
motorcycle under this section, presentation of satisfactory | 699 |
evidence documenting that the applicant is a retired or honorably | 700 |
discharged veteran of a branch of the armed forces of the United | 701 |
States, and payment of the | 702 |
fee prescribed in section 4503.04 of the Revised Code and any | 703 |
local motor vehicle license tax levied under Chapter 4504. of the | 704 |
Revised Code, the registrar shall issue to the applicant the | 705 |
appropriate motor vehicle registration and a license plate and a | 706 |
validation sticker or a validation sticker alone when required by | 707 |
section 4503.191 of the Revised Code. | 708 |
(B) License plates issued under this section shall be | 709 |
inscribed with the letters and numbers ordinarily inscribed on | 710 |
motorcycle license plates, except that the registrar shall provide | 711 |
for one of the following: | 712 |
(1) The license plates to contain an inscription or symbol | 713 |
representing veterans of the armed forces of the United States; | 714 |
(2) The plates to include the word "veteran" or "vet"; | 715 |
(3) The plates to be designed to display a sticker bearing | 716 |
the word "veteran." | 717 |
(C) Sections 4503.77 and 4503.78 of the Revised Code do not | 718 |
apply to license plates issued under this section. | 719 |
Sec. 4507.05. (A) The registrar of motor vehicles, or a | 720 |
deputy registrar, upon receiving an application for a temporary | 721 |
instruction permit and a temporary instruction permit | 722 |
identification card for a driver's license from any person who is | 723 |
at least fifteen years six months of age, may issue such a permit | 724 |
and identification card entitling the applicant to drive a motor | 725 |
vehicle, other than a commercial motor vehicle, upon the highways | 726 |
under the following conditions: | 727 |
(1) If the permit is issued to a person who is at least | 728 |
fifteen years six months of age, but less than sixteen years of | 729 |
age: | 730 |
(a) The permit and identification card are in the holder's | 731 |
immediate possession; | 732 |
(b) The holder is accompanied by an eligible adult who | 733 |
actually occupies the seat beside the permit holder and does not | 734 |
have a prohibited concentration of alcohol in the whole blood, | 735 |
blood serum or plasma, breath, or urine as provided in division | 736 |
(A) of section 4511.19 of the Revised Code; | 737 |
(c) The total number of occupants of the vehicle does not | 738 |
exceed the total number of occupant restraining devices originally | 739 |
installed in the motor vehicle by its manufacturer, and each | 740 |
occupant of the vehicle is wearing all of the available elements | 741 |
of a properly adjusted occupant restraining device. | 742 |
(2) If the permit is issued to a person who is at least | 743 |
sixteen years of age: | 744 |
(a) The permit and identification card are in the holder's | 745 |
immediate possession; | 746 |
(b) The holder is accompanied by a licensed operator who is | 747 |
at least twenty-one years of age, is actually occupying a seat | 748 |
beside the driver, and does not have a prohibited concentration of | 749 |
alcohol in the whole blood, blood serum or plasma, breath, or | 750 |
urine as provided in division (A) of section 4511.19 of the | 751 |
Revised Code; | 752 |
(c) The total number of occupants of the vehicle does not | 753 |
exceed the total number of occupant restraining devices originally | 754 |
installed in the motor vehicle by its manufacturer, and each | 755 |
occupant of the vehicle is wearing all of the available elements | 756 |
of a properly adjusted occupant restraining device. | 757 |
(B) The registrar or a deputy registrar, upon receiving from | 758 |
any person an application for a temporary instruction permit and | 759 |
temporary instruction permit identification card to operate a | 760 |
motorcycle or motorized bicycle, may issue such a permit and | 761 |
identification card entitling the applicant, while having the | 762 |
permit and identification card in the applicant's immediate | 763 |
possession, to drive a motorcycle under the restrictions | 764 |
prescribed in section 4511.53 of the Revised Code, or to drive a | 765 |
motorized bicycle under restrictions determined by the registrar. | 766 |
A temporary instruction permit and temporary instruction permit | 767 |
identification card to operate a motorized bicycle may be issued | 768 |
to a person fourteen or fifteen years old. | 769 |
(C) Any permit and identification card issued under this | 770 |
section shall be issued in the same manner as a driver's license, | 771 |
upon a form to be furnished by the registrar. A temporary | 772 |
instruction permit to drive a motor vehicle other than a | 773 |
commercial motor vehicle shall be valid for a period of one year. | 774 |
(D) Any person having in the person's possession a valid and | 775 |
current driver's license or motorcycle operator's license or | 776 |
endorsement issued to the person by another jurisdiction | 777 |
recognized by this state is exempt from obtaining a temporary | 778 |
instruction permit for a driver's license, but shall submit to the | 779 |
regular examination in obtaining a driver's license or motorcycle | 780 |
operator's endorsement in this state. | 781 |
(E) The registrar may adopt rules governing the use of | 782 |
temporary instruction permits and temporary instruction permit | 783 |
identification cards. | 784 |
(F)(1) No holder of a permit issued under division (A) of | 785 |
this section shall operate a motor vehicle upon a highway or any | 786 |
public or private property used by the public for purposes of | 787 |
vehicular travel or parking in violation of the conditions | 788 |
established under division (A) of this section. | 789 |
(2) Except as provided in division (F)(2) of this section, no | 790 |
holder of a permit that is issued under division (A) of this | 791 |
section and that is issued on or after July 1, 1998, and who has | 792 |
not attained the age of eighteen years, shall operate a motor | 793 |
vehicle upon a highway or any public or private property used by | 794 |
the public for purposes of vehicular travel or parking between the | 795 |
hours of midnight and six a.m. | 796 |
The holder of a permit issued under division (A) of this | 797 |
section on or after July 1, 1998, who has not attained the age of | 798 |
eighteen years, may operate a motor vehicle upon a highway or any | 799 |
public or private property used by the public for purposes of | 800 |
vehicular travel or parking between the hours of midnight and six | 801 |
a.m. if, at the time of such operation, the holder is accompanied | 802 |
by the holder's parent, guardian, or custodian, and the parent, | 803 |
guardian, or custodian holds a current valid driver's or | 804 |
commercial driver's license issued by this state, is actually | 805 |
occupying a seat beside the permit holder, and does not have a | 806 |
prohibited concentration of alcohol in the whole blood, blood | 807 |
serum or plasma, breath, or urine as provided in division (A) of | 808 |
section 4511.19 of the Revised Code. | 809 |
(G)(1) Notwithstanding any other provision of law to the | 810 |
contrary, no law enforcement officer shall cause the operator of a | 811 |
motor vehicle being operated on any street or highway to stop the | 812 |
motor vehicle for the sole purpose of determining whether each | 813 |
occupant of the motor vehicle is wearing all of the available | 814 |
elements of a properly adjusted occupant restraining device as | 815 |
required by division (A) of this section, or for the sole purpose | 816 |
of issuing a ticket, citation, or summons if the requirement in | 817 |
that division has been or is being violated, or for causing the | 818 |
arrest of or commencing a prosecution of a person for a violation | 819 |
of that requirement. | 820 |
(2) Notwithstanding any other provision of law to the | 821 |
contrary, no law enforcement officer shall cause the operator of a | 822 |
motor vehicle being operated on any street or highway to stop the | 823 |
motor vehicle for the sole purpose of determining whether a | 824 |
violation of division (F)(2) of this section has been or is being | 825 |
committed or for the sole purpose of issuing a ticket, citation, | 826 |
or summons for such a violation or for causing the arrest of or | 827 |
commencing a prosecution of a person for such violation. | 828 |
(H) As used in this section: | 829 |
(1) "Eligible adult" means any of the following: | 830 |
(a) An instructor of a driver training course approved by the | 831 |
department of public safety; | 832 |
(b) Any of the following persons who holds a current valid | 833 |
driver's or commercial driver's license issued by this state: | 834 |
(i) A parent, guardian, or custodian of the permit holder; | 835 |
(ii) A person twenty-one years of age or older who acts in | 836 |
loco parentis of the permit holder. | 837 |
(2) "Occupant restraining device" has the same meaning as in | 838 |
section 4513.263 of the Revised Code. | 839 |
(I) Whoever violates division (F)(1) or (2) of this section | 840 |
is guilty of a minor misdemeanor. | 841 |
Sec. 4507.11. (A) The registrar of motor vehicles shall | 842 |
conduct all necessary examinations of applicants for temporary | 843 |
instruction permits, drivers' licenses, or motorcycle operators' | 844 |
endorsements. The examination shall include a test of the | 845 |
applicant's knowledge of motor vehicle laws, including the laws on | 846 |
stopping for school buses, a test of the applicant's physical | 847 |
fitness to drive, and a test of the applicant's ability to | 848 |
understand highway traffic control devices. The examination may be | 849 |
conducted in such a manner that applicants who are illiterate or | 850 |
limited in their knowledge of the English language may be tested | 851 |
by methods that would indicate to the examining officer that the | 852 |
applicant has a reasonable knowledge of motor vehicle laws and | 853 |
understands highway traffic control devices. An applicant for a | 854 |
driver's license shall give an actual demonstration of the ability | 855 |
to exercise ordinary and reasonable control in the operation of a | 856 |
motor vehicle by driving the same under the supervision of an | 857 |
examining officer; however, no applicant for a driver's license | 858 |
shall use a low-speed or under-speed vehicle for the purpose of | 859 |
demonstrating ability to exercise ordinary and reasonable control | 860 |
over a vehicle. Except as provided in division (B) of this | 861 |
section, an applicant for a motorcycle operator's endorsement or a | 862 |
restricted license that permits only the operation of a motorcycle | 863 |
shall give an actual demonstration of the ability to exercise | 864 |
ordinary and reasonable control in the operation of a motorcycle | 865 |
by driving the same under the supervision of an examining officer; | 866 |
however, no applicant for such an endorsement or restricted | 867 |
license shall use a motor-driven cycle or motor scooter for the | 868 |
purpose of demonstrating ability to exercise ordinary and | 869 |
reasonable control in the operation of a motorcycle. Except as | 870 |
provided in section 4507.12 of the Revised Code, the registrar | 871 |
shall designate the highway patrol, any law enforcement body, or | 872 |
any other employee of the department of public safety to supervise | 873 |
and conduct examinations for temporary instruction permits, | 874 |
drivers' licenses, and motorcycle operators' endorsements and | 875 |
shall provide the necessary rules and forms to properly conduct | 876 |
the examinations. The records of the examinations, together with | 877 |
the application for a temporary instruction permit, driver's | 878 |
license, or motorcycle operator's endorsement, shall be forwarded | 879 |
to the registrar by the deputy registrar, and, if in the opinion | 880 |
of the registrar the applicant is qualified to operate a motor | 881 |
vehicle, the registrar shall issue the permit, license, or | 882 |
endorsement. | 883 |
The registrar may authorize the highway patrol, other | 884 |
designated law enforcement body, or other designated employee of | 885 |
the department of public safety to issue an examiner's driving | 886 |
permit to an applicant who has passed the required examination, | 887 |
authorizing that applicant to operate a motor vehicle while the | 888 |
registrar is completing an investigation relative to that | 889 |
applicant's qualifications to receive a temporary instruction | 890 |
permit, driver's license, or motorcycle operator's endorsement. | 891 |
The examiner's driving permit shall be in the immediate possession | 892 |
of the applicant while operating a motor vehicle and shall be | 893 |
effective until final action and notification has been given by | 894 |
the registrar, but in no event longer than sixty days from its | 895 |
date of issuance. | 896 |
(B)(1) An applicant for a motorcycle operator's endorsement | 897 |
or a restricted license that permits only the operation of a | 898 |
motorcycle who presents to the registrar of motor vehicles or a | 899 |
deputy registrar a form approved by the director of public safety | 900 |
attesting to the applicant's successful completion within the | 901 |
preceding sixty days of a course of basic instruction provided by | 902 |
the motorcycle safety and education program approved by the | 903 |
director pursuant to section 4508.08 of the Revised Code shall not | 904 |
be required to give an actual demonstration of the ability to | 905 |
operate a motorcycle by driving a motorcycle under the supervision | 906 |
of an examining officer, as described in division (A) of this | 907 |
section. Upon presentation of the form described in division | 908 |
(B)(1) of this section and compliance with all other requirements | 909 |
relating to the issuance of a motorcycle operator's endorsement or | 910 |
a restricted license that permits only the operation of a | 911 |
motorcycle, the registrar or deputy registrar shall issue to the | 912 |
applicant the endorsement or restricted license, as the case may | 913 |
be. | 914 |
(2) A person who has not attained eighteen years of age and | 915 |
presents an application for a motorcycle operator's endorsement or | 916 |
a restricted license under division (B)(1) of this section also | 917 |
shall comply with the requirements of section 4507.21 of the | 918 |
Revised Code. | 919 |
Sec. 4511.01. As used in this chapter and in Chapter 4513. | 920 |
of the Revised Code: | 921 |
(A) "Vehicle" means every device, including a motorized | 922 |
bicycle, in, upon, or by which any person or property may be | 923 |
transported or drawn upon a highway, except that "vehicle" does | 924 |
not include any motorized wheelchair, any electric personal | 925 |
assistive mobility device, any device that is moved by power | 926 |
collected from overhead electric trolley wires or that is used | 927 |
exclusively upon stationary rails or tracks, or any device, other | 928 |
than a bicycle, that is moved by human power. | 929 |
(B) "Motor vehicle" means every vehicle propelled or drawn by | 930 |
power other than muscular power or power collected from overhead | 931 |
electric trolley wires, except motorized bicycles, road rollers, | 932 |
traction engines, power shovels, power cranes, and other equipment | 933 |
used in construction work and not designed for or employed in | 934 |
general highway transportation, hole-digging machinery, | 935 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 936 |
and trailers designed and used exclusively to transport a boat | 937 |
between a place of storage and a marina, or in and around a | 938 |
marina, when drawn or towed on a street or highway for a distance | 939 |
of no more than ten miles and at a speed of twenty-five miles per | 940 |
hour or less. | 941 |
(C) "Motorcycle" means every motor vehicle, other than a | 942 |
tractor, having a seat or saddle for the use of the operator and | 943 |
designed to travel on not more than three wheels in contact with | 944 |
the ground, including, but not limited to, motor vehicles known as | 945 |
"motor-driven cycle," "motor scooter," "cab-enclosed motorcycle," | 946 |
or "motorcycle" without regard to weight or brake horsepower. | 947 |
(D) "Emergency vehicle" means emergency vehicles of | 948 |
municipal, township, or county departments or public utility | 949 |
corporations when identified as such as required by law, the | 950 |
director of public safety, or local authorities, and motor | 951 |
vehicles when commandeered by a police officer. | 952 |
(E) "Public safety vehicle" means any of the following: | 953 |
(1) Ambulances, including private ambulance companies under | 954 |
contract to a municipal corporation, township, or county, and | 955 |
private ambulances and nontransport vehicles bearing license | 956 |
plates issued under section 4503.49 of the Revised Code; | 957 |
(2) Motor vehicles used by public law enforcement officers or | 958 |
other persons sworn to enforce the criminal and traffic laws of | 959 |
the state; | 960 |
(3) Any motor vehicle when properly identified as required by | 961 |
the director of public safety, when used in response to fire | 962 |
emergency calls or to provide emergency medical service to ill or | 963 |
injured persons, and when operated by a duly qualified person who | 964 |
is a member of a volunteer rescue service or a volunteer fire | 965 |
department, and who is on duty pursuant to the rules or directives | 966 |
of that service. The state fire marshal shall be designated by the | 967 |
director of public safety as the certifying agency for all public | 968 |
safety vehicles described in division (E)(3) of this section. | 969 |
(4) Vehicles used by fire departments, including motor | 970 |
vehicles when used by volunteer fire fighters responding to | 971 |
emergency calls in the fire department service when identified as | 972 |
required by the director of public safety. | 973 |
Any vehicle used to transport or provide emergency medical | 974 |
service to an ill or injured person, when certified as a public | 975 |
safety vehicle, shall be considered a public safety vehicle when | 976 |
transporting an ill or injured person to a hospital regardless of | 977 |
whether such vehicle has already passed a hospital. | 978 |
(5) Vehicles used by the motor carrier enforcement unit for | 979 |
the enforcement of orders and rules of the public utilities | 980 |
commission as specified in section 5503.34 of the Revised Code. | 981 |
(F) "School bus" means every bus designed for carrying more | 982 |
than nine passengers that is owned by a public, private, or | 983 |
governmental agency or institution of learning and operated for | 984 |
the transportation of children to or from a school session or a | 985 |
school function, or owned by a private person and operated for | 986 |
compensation for the transportation of children to or from a | 987 |
school session or a school function, provided "school bus" does | 988 |
not include a bus operated by a municipally owned transportation | 989 |
system, a mass transit company operating exclusively within the | 990 |
territorial limits of a municipal corporation, or within such | 991 |
limits and the territorial limits of municipal corporations | 992 |
immediately contiguous to such municipal corporation, nor a common | 993 |
passenger carrier certified by the public utilities commission | 994 |
unless such bus is devoted exclusively to the transportation of | 995 |
children to and from a school session or a school function, and | 996 |
"school bus" does not include a van or bus used by a licensed | 997 |
child day-care center or type A family day-care home to transport | 998 |
children from the child day-care center or type A family day-care | 999 |
home to a school if the van or bus does not have more than fifteen | 1000 |
children in the van or bus at any time. | 1001 |
(G) "Bicycle" means every device, other than a tricycle | 1002 |
designed solely for use as a play vehicle by a child, propelled | 1003 |
solely by human power upon which any person may ride having two | 1004 |
tandem wheels, or one wheel in the front and two wheels in the | 1005 |
rear, or two wheels in the front and one wheel in the rear, any of | 1006 |
which is more than fourteen inches in diameter. | 1007 |
(H) "Motorized bicycle" or "moped" means any vehicle having | 1008 |
either two tandem wheels or one wheel in the front and two wheels | 1009 |
in the rear, that | 1010 |
equipped with a helper motor of not more than fifty cubic | 1011 |
centimeters piston displacement that produces no more than one | 1012 |
brake horsepower and is capable of propelling the vehicle at a | 1013 |
speed of no greater than twenty miles per hour on a level surface. | 1014 |
(I) "Commercial tractor" means every motor vehicle having | 1015 |
motive power designed or used for drawing other vehicles and not | 1016 |
so constructed as to carry any load thereon, or designed or used | 1017 |
for drawing other vehicles while carrying a portion of such other | 1018 |
vehicles, or load thereon, or both. | 1019 |
(J) "Agricultural tractor" means every self-propelling | 1020 |
vehicle designed or used for drawing other vehicles or wheeled | 1021 |
machinery but having no provision for carrying loads independently | 1022 |
of such other vehicles, and used principally for agricultural | 1023 |
purposes. | 1024 |
(K) "Truck" means every motor vehicle, except trailers and | 1025 |
semitrailers, designed and used to carry property. | 1026 |
(L) "Bus" means every motor vehicle designed for carrying | 1027 |
more than nine passengers and used for the transportation of | 1028 |
persons other than in a ridesharing arrangement, and every motor | 1029 |
vehicle, automobile for hire, or funeral car, other than a taxicab | 1030 |
or motor vehicle used in a ridesharing arrangement, designed and | 1031 |
used for the transportation of persons for compensation. | 1032 |
(M) "Trailer" means every vehicle designed or used for | 1033 |
carrying persons or property wholly on its own structure and for | 1034 |
being drawn by a motor vehicle, including any such vehicle when | 1035 |
formed by or operated as a combination of a "semitrailer" and a | 1036 |
vehicle of the dolly type, such as that commonly known as a | 1037 |
"trailer dolly," a vehicle used to transport agricultural produce | 1038 |
or agricultural production materials between a local place of | 1039 |
storage or supply and the farm when drawn or towed on a street or | 1040 |
highway at a speed greater than twenty-five miles per hour, and a | 1041 |
vehicle designed and used exclusively to transport a boat between | 1042 |
a place of storage and a marina, or in and around a marina, when | 1043 |
drawn or towed on a street or highway for a distance of more than | 1044 |
ten miles or at a speed of more than twenty-five miles per hour. | 1045 |
(N) "Semitrailer" means every vehicle designed or used for | 1046 |
carrying persons or property with another and separate motor | 1047 |
vehicle so that in operation a part of its own weight or that of | 1048 |
its load, or both, rests upon and is carried by another vehicle. | 1049 |
(O) "Pole trailer" means every trailer or semitrailer | 1050 |
attached to the towing vehicle by means of a reach, pole, or by | 1051 |
being boomed or otherwise secured to the towing vehicle, and | 1052 |
ordinarily used for transporting long or irregular shaped loads | 1053 |
such as poles, pipes, or structural members capable, generally, of | 1054 |
sustaining themselves as beams between the supporting connections. | 1055 |
(P) "Railroad" means a carrier of persons or property | 1056 |
operating upon rails placed principally on a private right-of-way. | 1057 |
(Q) "Railroad train" means a steam engine or an electric or | 1058 |
other motor, with or without cars coupled thereto, operated by a | 1059 |
railroad. | 1060 |
(R) "Streetcar" means a car, other than a railroad train, for | 1061 |
transporting persons or property, operated upon rails principally | 1062 |
within a street or highway. | 1063 |
(S) "Trackless trolley" means every car that collects its | 1064 |
power from overhead electric trolley wires and that is not | 1065 |
operated upon rails or tracks. | 1066 |
(T) "Explosives" means any chemical compound or mechanical | 1067 |
mixture that is intended for the purpose of producing an explosion | 1068 |
that contains any oxidizing and combustible units or other | 1069 |
ingredients in such proportions, quantities, or packing that an | 1070 |
ignition by fire, by friction, by concussion, by percussion, or by | 1071 |
a detonator of any part of the compound or mixture may cause such | 1072 |
a sudden generation of highly heated gases that the resultant | 1073 |
gaseous pressures are capable of producing destructive effects on | 1074 |
contiguous objects, or of destroying life or limb. Manufactured | 1075 |
articles shall not be held to be explosives when the individual | 1076 |
units contain explosives in such limited quantities, of such | 1077 |
nature, or in such packing, that it is impossible to procure a | 1078 |
simultaneous or a destructive explosion of such units, to the | 1079 |
injury of life, limb, or property by fire, by friction, by | 1080 |
concussion, by percussion, or by a detonator, such as fixed | 1081 |
ammunition for small arms, firecrackers, or safety fuse matches. | 1082 |
(U) "Flammable liquid" means any liquid that has a flash | 1083 |
point of seventy degrees fahrenheit, or less, as determined by a | 1084 |
tagliabue or equivalent closed cup test device. | 1085 |
(V) "Gross weight" means the weight of a vehicle plus the | 1086 |
weight of any load thereon. | 1087 |
(W) "Person" means every natural person, firm, | 1088 |
co-partnership, association, or corporation. | 1089 |
(X) "Pedestrian" means any natural person afoot. | 1090 |
(Y) "Driver or operator" means every person who drives or is | 1091 |
in actual physical control of a vehicle, trackless trolley, or | 1092 |
streetcar. | 1093 |
(Z) "Police officer" means every officer authorized to direct | 1094 |
or regulate traffic, or to make arrests for violations of traffic | 1095 |
regulations. | 1096 |
(AA) "Local authorities" means every county, municipal, and | 1097 |
other local board or body having authority to adopt police | 1098 |
regulations under the constitution and laws of this state. | 1099 |
(BB) "Street" or "highway" means the entire width between the | 1100 |
boundary lines of every way open to the use of the public as a | 1101 |
thoroughfare for purposes of vehicular travel. | 1102 |
(CC) "Controlled-access highway" means every street or | 1103 |
highway in respect to which owners or occupants of abutting lands | 1104 |
and other persons have no legal right of access to or from the | 1105 |
same except at such points only and in such manner as may be | 1106 |
determined by the public authority having jurisdiction over such | 1107 |
street or highway. | 1108 |
(DD) "Private road or driveway" means every way or place in | 1109 |
private ownership used for vehicular travel by the owner and those | 1110 |
having express or implied permission from the owner but not by | 1111 |
other persons. | 1112 |
(EE) "Roadway" means that portion of a highway improved, | 1113 |
designed, or ordinarily used for vehicular travel, except the berm | 1114 |
or shoulder. If a highway includes two or more separate roadways | 1115 |
the term "roadway" means any such roadway separately but not all | 1116 |
such roadways collectively. | 1117 |
(FF) "Sidewalk" means that portion of a street between the | 1118 |
curb lines, or the lateral lines of a roadway, and the adjacent | 1119 |
property lines, intended for the use of pedestrians. | 1120 |
(GG) "Laned highway" means a highway the roadway of which is | 1121 |
divided into two or more clearly marked lanes for vehicular | 1122 |
traffic. | 1123 |
(HH) "Through highway" means every street or highway as | 1124 |
provided in section 4511.65 of the Revised Code. | 1125 |
(II) "State highway" means a highway under the jurisdiction | 1126 |
of the department of transportation, outside the limits of | 1127 |
municipal corporations, provided that the authority conferred upon | 1128 |
the director of transportation in section 5511.01 of the Revised | 1129 |
Code to erect state highway route markers and signs directing | 1130 |
traffic shall not be modified by sections 4511.01 to 4511.79 and | 1131 |
4511.99 of the Revised Code. | 1132 |
(JJ) "State route" means every highway that is designated | 1133 |
with an official state route number and so marked. | 1134 |
(KK) "Intersection" means: | 1135 |
(1) The area embraced within the prolongation or connection | 1136 |
of the lateral curb lines, or, if none, then the lateral boundary | 1137 |
lines of the roadways of two highways which join one another at, | 1138 |
or approximately at, right angles, or the area within which | 1139 |
vehicles traveling upon different highways joining at any other | 1140 |
angle may come in conflict. | 1141 |
(2) Where a highway includes two roadways thirty feet or more | 1142 |
apart, then every crossing of each roadway of such divided highway | 1143 |
by an intersecting highway shall be regarded as a separate | 1144 |
intersection. If an intersecting highway also includes two | 1145 |
roadways thirty feet or more apart, then every crossing of two | 1146 |
roadways of such highways shall be regarded as a separate | 1147 |
intersection. | 1148 |
(3) The junction of an alley with a street or highway, or | 1149 |
with another alley, shall not constitute an intersection. | 1150 |
(LL) "Crosswalk" means: | 1151 |
(1) That part of a roadway at intersections ordinarily | 1152 |
included within the real or projected prolongation of property | 1153 |
lines and curb lines or, in the absence of curbs, the edges of the | 1154 |
traversable roadway; | 1155 |
(2) Any portion of a roadway at an intersection or elsewhere, | 1156 |
distinctly indicated for pedestrian crossing by lines or other | 1157 |
markings on the surface; | 1158 |
(3) Notwithstanding divisions (LL)(1) and (2) of this | 1159 |
section, there shall not be a crosswalk where local authorities | 1160 |
have placed signs indicating no crossing. | 1161 |
(MM) "Safety zone" means the area or space officially set | 1162 |
apart within a roadway for the exclusive use of pedestrians and | 1163 |
protected or marked or indicated by adequate signs as to be | 1164 |
plainly visible at all times. | 1165 |
(NN) "Business district" means the territory fronting upon a | 1166 |
street or highway, including the street or highway, between | 1167 |
successive intersections within municipal corporations where fifty | 1168 |
per cent or more of the frontage between such successive | 1169 |
intersections is occupied by buildings in use for business, or | 1170 |
within or outside municipal corporations where fifty per cent or | 1171 |
more of the frontage for a distance of three hundred feet or more | 1172 |
is occupied by buildings in use for business, and the character of | 1173 |
such territory is indicated by official traffic control devices. | 1174 |
(OO) "Residence district" means the territory, not comprising | 1175 |
a business district, fronting on a street or highway, including | 1176 |
the street or highway, where, for a distance of three hundred feet | 1177 |
or more, the frontage is improved with residences or residences | 1178 |
and buildings in use for business. | 1179 |
(PP) "Urban district" means the territory contiguous to and | 1180 |
including any street or highway which is built up with structures | 1181 |
devoted to business, industry, or dwelling houses situated at | 1182 |
intervals of less than one hundred feet for a distance of a | 1183 |
quarter of a mile or more, and the character of such territory is | 1184 |
indicated by official traffic control devices. | 1185 |
(QQ) "Traffic control devices" means all flaggers, signs, | 1186 |
signals, markings, and devices placed or erected by authority of a | 1187 |
public body or official having jurisdiction, for the purpose of | 1188 |
regulating, warning, or guiding traffic, including signs denoting | 1189 |
names of streets and highways. | 1190 |
(RR) "Traffic control signal" means any device, whether | 1191 |
manually, electrically, or mechanically operated, by which traffic | 1192 |
is alternately directed to stop, to proceed, to change direction, | 1193 |
or not to change direction. | 1194 |
(SS) "Railroad sign or signal" means any sign, signal, or | 1195 |
device erected by authority of a public body or official or by a | 1196 |
railroad and intended to give notice of the presence of railroad | 1197 |
tracks or the approach of a railroad train. | 1198 |
(TT) "Traffic" means pedestrians, ridden or herded animals, | 1199 |
vehicles, streetcars, trackless trolleys, and other devices, | 1200 |
either singly or together, while using any highway for purposes of | 1201 |
travel. | 1202 |
(UU) "Right-of-way" means either of the following, as the | 1203 |
context requires: | 1204 |
(1) The right of a vehicle, streetcar, trackless trolley, or | 1205 |
pedestrian to proceed uninterruptedly in a lawful manner in the | 1206 |
direction in which it or the individual is moving in preference to | 1207 |
another vehicle, streetcar, trackless trolley, or pedestrian | 1208 |
approaching from a different direction into its or the | 1209 |
individual's path; | 1210 |
(2) A general term denoting land, property, or the interest | 1211 |
therein, usually in the configuration of a strip, acquired for or | 1212 |
devoted to transportation purposes. When used in this context, | 1213 |
right-of-way includes the roadway, shoulders or berm, ditch, and | 1214 |
slopes extending to the right-of-way limits under the control of | 1215 |
the state or local authority. | 1216 |
(VV) "Rural mail delivery vehicle" means every vehicle used | 1217 |
to deliver United States mail on a rural mail delivery route. | 1218 |
(WW) "Funeral escort vehicle" means any motor vehicle, | 1219 |
including a funeral hearse, while used to facilitate the movement | 1220 |
of a funeral procession. | 1221 |
(XX) "Alley" means a street or highway intended to provide | 1222 |
access to the rear or side of lots or buildings in urban districts | 1223 |
and not intended for the purpose of through vehicular traffic, and | 1224 |
includes any street or highway that has been declared an "alley" | 1225 |
by the legislative authority of the municipal corporation in which | 1226 |
such street or highway is located. | 1227 |
(YY) "Freeway" means a divided multi-lane highway for through | 1228 |
traffic with all crossroads separated in grade and with full | 1229 |
control of access. | 1230 |
(ZZ) "Expressway" means a divided arterial highway for | 1231 |
through traffic with full or partial control of access with an | 1232 |
excess of fifty per cent of all crossroads separated in grade. | 1233 |
(AAA) "Thruway" means a through highway whose entire roadway | 1234 |
is reserved for through traffic and on which roadway parking is | 1235 |
prohibited. | 1236 |
(BBB) "Stop intersection" means any intersection at one or | 1237 |
more entrances of which stop signs are erected. | 1238 |
(CCC) "Arterial street" means any United States or state | 1239 |
numbered route, controlled access highway, or other major radial | 1240 |
or circumferential street or highway designated by local | 1241 |
authorities within their respective jurisdictions as part of a | 1242 |
major arterial system of streets or highways. | 1243 |
(DDD) "Ridesharing arrangement" means the transportation of | 1244 |
persons in a motor vehicle where such transportation is incidental | 1245 |
to another purpose of a volunteer driver and includes ridesharing | 1246 |
arrangements known as carpools, vanpools, and buspools. | 1247 |
(EEE) "Motorized wheelchair" means any self-propelled vehicle | 1248 |
designed for, and used by, a handicapped person and that is | 1249 |
incapable of a speed in excess of eight miles per hour. | 1250 |
(FFF) "Child day-care center" and "type A family day-care | 1251 |
home" have the same meanings as in section 5104.01 of the Revised | 1252 |
Code. | 1253 |
(GGG) "Multi-wheel agricultural tractor" means a type of | 1254 |
agricultural tractor that has two or more wheels or tires on each | 1255 |
side of one axle at the rear of the tractor, is designed or used | 1256 |
for drawing other vehicles or wheeled machinery, has no provision | 1257 |
for carrying loads independently of the drawn vehicles or | 1258 |
machinery, and is used principally for agricultural purposes. | 1259 |
(HHH) "Operate" means to cause or have caused movement of a | 1260 |
vehicle, streetcar, or trackless trolley. | 1261 |
(III) "Predicate motor vehicle or traffic offense" means any | 1262 |
of the following: | 1263 |
(1) A violation of section 4511.03, 4511.051, 4511.12, | 1264 |
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, | 1265 |
4511.214, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, | 1266 |
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, | 1267 |
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, | 1268 |
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451, | 1269 |
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, | 1270 |
4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, | 1271 |
4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, | 1272 |
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, | 1273 |
4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised | 1274 |
Code; | 1275 |
(2) A violation of division (A)(2) of section 4511.17, | 1276 |
divisions (A) to (D) of section 4511.51, or division (A) of | 1277 |
section 4511.74 of the Revised Code; | 1278 |
(3) A violation of any provision of sections 4511.01 to | 1279 |
4511.76 of the Revised Code for which no penalty otherwise is | 1280 |
provided in the section that contains the provision violated; | 1281 |
(4) A violation of a municipal ordinance that is | 1282 |
substantially similar to any section or provision set forth or | 1283 |
described in division (III)(1), (2), or (3) of this section. | 1284 |
(JJJ) "Road service vehicle" means wreckers, utility repair | 1285 |
vehicles, and state, county, and municipal service vehicles | 1286 |
equipped with visual signals by means of flashing, rotating, or | 1287 |
oscillating lights. | 1288 |
Sec. 4511.214. (A)(1) No person shall operate a low-speed | 1289 |
vehicle upon any street or highway having an established speed | 1290 |
limit greater than thirty-five miles per hour. | 1291 |
(2) No person shall operate an under-speed vehicle upon any | 1292 |
street or highway except as follows: | 1293 |
(a) Upon a street or highway having an established speed | 1294 |
limit not greater than thirty-five miles per hour and only upon | 1295 |
such streets or highways where a local authority has granted | 1296 |
permission for such operation in accordance with section 4511.215 | 1297 |
of the Revised Code; | 1298 |
(b) A state park employee or volunteer operating a utility | 1299 |
vehicle exclusively within the boundaries of state parks for the | 1300 |
operation or maintenance of state park facilities. | 1301 |
(3) No person shall operate a motor-driven cycle or motor | 1302 |
scooter upon any street or highway having an established speed | 1303 |
limit greater than forty-five miles per hour. | 1304 |
(B) This section does not prohibit either of the following: | 1305 |
(1) A person operating a low-speed vehicle or under-speed | 1306 |
vehicle from proceeding across an intersection of a street or | 1307 |
highway having a speed limit greater than thirty-five miles per | 1308 |
hour; | 1309 |
(2) A person operating a motor-driven cycle or motor scooter | 1310 |
from proceeding across an intersection of a street or highway | 1311 |
having a speed limit greater than forty-five miles per hour. | 1312 |
(C) Nothing in this section shall prevent a local authority | 1313 |
from adopting more stringent local ordinances, resolutions, or | 1314 |
regulations governing the operation of a low-speed vehicle, or a | 1315 |
motor-driven cycle or motor scooter. | 1316 |
(D) Except as otherwise provided in this division, whoever | 1317 |
violates division (A) of this section is guilty of a minor | 1318 |
misdemeanor. If within one year of the offense, the offender | 1319 |
previously has been convicted of or pleaded guilty to one | 1320 |
predicate motor vehicle or traffic offense, whoever violates this | 1321 |
section is guilty of a misdemeanor of the fourth degree. If within | 1322 |
one year of the offense, the offender previously has been | 1323 |
convicted of two or more predicate motor vehicle or traffic | 1324 |
offenses, whoever violates this section is guilty of a misdemeanor | 1325 |
of the third degree. | 1326 |
Sec. 4511.215. (A) By ordinance or resolution, a local | 1327 |
authority may authorize the operation of under-speed vehicles on a | 1328 |
public street or highway under its jurisdiction. A local authority | 1329 |
that authorizes the operation of under-speed vehicles shall do all | 1330 |
of the following: | 1331 |
(1) Limit the operation of those vehicles to streets and | 1332 |
highways having an established speed limit not greater than | 1333 |
thirty-five miles per hour; | 1334 |
(2) Require the vehicle owner who wishes to operate an | 1335 |
under-speed vehicle on the public streets or highways to submit | 1336 |
the vehicle to an inspection conducted by a local law enforcement | 1337 |
agency that complies with inspection requirements established by | 1338 |
the department of public safety under section 4513.02 of the | 1339 |
Revised Code; | 1340 |
(3) Permit the operation on public streets or highways of | 1341 |
only those vehicles that successfully pass the required vehicle | 1342 |
inspection, are registered in accordance with Chapter 4503. of the | 1343 |
Revised Code, and are titled in accordance with Chapter 4505. of | 1344 |
the Revised Code; | 1345 |
(4) Notify the director of public safety, in a manner the | 1346 |
director determines, of the authorization for the operation of | 1347 |
under-speed vehicles. | 1348 |
(B) A local authority may establish additional requirements | 1349 |
for the operation of under-speed vehicles on its streets and | 1350 |
highways. | 1351 |
Sec. 4511.53. (A) For purposes of this section, "snowmobile" | 1352 |
has the same meaning as given that term in section 4519.01 of the | 1353 |
Revised Code. | 1354 |
(B) No person operating a bicycle shall ride other than upon | 1355 |
or astride the permanent and regular seat attached thereto or | 1356 |
carry any other person upon such bicycle other than upon a firmly | 1357 |
attached and regular seat thereon, and no person shall ride upon a | 1358 |
bicycle other than upon such a firmly attached and regular seat. | 1359 |
No person operating a motorcycle shall ride other than upon | 1360 |
or astride the permanent and regular seat or saddle attached | 1361 |
thereto, or carry any other person upon such motorcycle other than | 1362 |
upon a firmly attached and regular seat or saddle thereon, and no | 1363 |
person shall ride upon a motorcycle other than upon such a firmly | 1364 |
attached and regular seat or saddle. | 1365 |
No person shall ride upon a motorcycle that is equipped with | 1366 |
a saddle other than while sitting astride the saddle, facing | 1367 |
forward, with one leg on each side of the motorcycle. | 1368 |
No person shall ride upon a motorcycle that is equipped with | 1369 |
a seat other than while sitting upon the seat. | 1370 |
No person operating a bicycle shall carry any package, | 1371 |
bundle, or article that prevents the driver from keeping at least | 1372 |
one hand upon the handle bars. | 1373 |
No bicycle or motorcycle shall be used to carry more persons | 1374 |
at one time than the number for which it is designed and equipped, | 1375 |
nor shall any motorcycle be operated on a highway when the handle | 1376 |
bars or grips are more than fifteen inches higher than the seat or | 1377 |
saddle for the operator. | 1378 |
| 1379 |
section, no person shall operate or be a passenger on a snowmobile | 1380 |
or motorcycle without using safety glasses or other protective eye | 1381 |
device. | 1382 |
no person who is under the age of eighteen years, or who holds a | 1383 |
motorcycle operator's endorsement or license bearing a "novice" | 1384 |
designation that is currently in effect as provided in section | 1385 |
4507.13 of the Revised Code, shall operate a motorcycle on a | 1386 |
highway, or be a passenger on a motorcycle, unless wearing a | 1387 |
United States department of transportation-approved protective | 1388 |
helmet on the person's head, and no other person shall be a | 1389 |
passenger on a motorcycle operated by such a person unless | 1390 |
similarly wearing a protective helmet. The helmet, safety glasses, | 1391 |
or other protective eye device shall conform with | 1392 |
1393 | |
safety. The provisions of this paragraph or a violation thereof | 1394 |
shall not be used in the trial of any civil action. | 1395 |
| 1396 |
person operating a cab-enclosed motorcycle when the occupant | 1397 |
compartment top is in place enclosing the occupants. | 1398 |
(3)(a) No person shall operate a motorcycle with a valid | 1399 |
temporary instruction permit and temporary instruction permit | 1400 |
identification card issued by the registrar of motor vehicles | 1401 |
pursuant to section 4507.05 of the Revised Code unless the person, | 1402 |
at the time of such operation, is wearing on the person's head a | 1403 |
protective helmet that has been approved by the United States | 1404 |
department of transportation and that conforms with rules adopted | 1405 |
by the director. | 1406 |
(b) No person shall operate a motorcycle with a valid | 1407 |
temporary instruction permit and temporary instruction permit | 1408 |
identification card issued by the registrar pursuant to section | 1409 |
4507.05 of the Revised Code in any of the following circumstances: | 1410 |
(i) At any time when lighted lights are required by section | 1411 |
4513.03 of the Revised Code; | 1412 |
(ii) While carrying a passenger; | 1413 |
(iii) On any limited access highway or heavily congested | 1414 |
roadway. | 1415 |
(D) Nothing in this section shall be construed as prohibiting | 1416 |
the carrying of a child in a seat or trailer that is designed for | 1417 |
carrying children and is firmly attached to the bicycle. | 1418 |
| 1419 |
violates division (B) or (C)(1) or (3) of this section is guilty | 1420 |
of a minor misdemeanor. If, within one year of the offense, the | 1421 |
offender previously has been convicted of or pleaded guilty to one | 1422 |
predicate motor vehicle or traffic offense, whoever violates | 1423 |
division (B) or (C)(1) or (3) of this section is guilty of a | 1424 |
misdemeanor of the fourth degree. If, within one year of the | 1425 |
offense, the offender previously has been convicted of two or more | 1426 |
predicate motor vehicle or traffic offenses, whoever violates | 1427 |
division (B) or (C)(1) or (3) of this section is guilty of a | 1428 |
misdemeanor of the third degree. | 1429 |
Sec. 4513.241. (A) The director of public safety, in | 1430 |
accordance with Chapter 119. of the Revised Code, shall adopt | 1431 |
rules governing the use of tinted glass, and the use of | 1432 |
transparent, nontransparent, translucent, and reflectorized | 1433 |
materials in or on motor vehicle windshields, side windows, | 1434 |
sidewings, and rear windows that prevent a person of normal vision | 1435 |
looking into the motor vehicle from seeing or identifying persons | 1436 |
or objects inside the motor vehicle. | 1437 |
(B) The rules adopted under this section may provide for | 1438 |
persons who meet either of the following qualifications: | 1439 |
(1) On November 11, 1994, or the effective date of any rule | 1440 |
adopted under this section, own a motor vehicle that does not | 1441 |
conform to the requirements of this section or of any rule adopted | 1442 |
under this section; | 1443 |
(2) Establish residency in this state and are required to | 1444 |
register a motor vehicle that does not conform to the requirements | 1445 |
of this section or of any rule adopted under this section. | 1446 |
(C) No person shall operate, on any highway or other public | 1447 |
or private property open to the public for vehicular travel or | 1448 |
parking, lease, or rent any motor vehicle that is registered in | 1449 |
this state unless the motor vehicle conforms to the requirements | 1450 |
of this section and of any applicable rule adopted under this | 1451 |
section. | 1452 |
(D) No person shall install in or on any motor vehicle, any | 1453 |
glass or other material that fails to conform to the requirements | 1454 |
of this section or of any rule adopted under this section. | 1455 |
(E)(1) No used motor vehicle dealer or new motor vehicle | 1456 |
dealer, as defined in section 4517.01 of the Revised Code, shall | 1457 |
sell any motor vehicle that fails to conform to the requirements | 1458 |
of this section or of any rule adopted under this section. | 1459 |
(2) No manufacturer, remanufacturer, or distributor, as | 1460 |
defined in section 4517.01 of the Revised Code, shall provide to a | 1461 |
motor vehicle dealer licensed under Chapter 4517. of the Revised | 1462 |
Code, a motor vehicle that fails to conform to the requirements of | 1463 |
this section or of any rule adopted under this section. | 1464 |
(F) No reflectorized materials shall be permitted upon or in | 1465 |
any front windshield, side windows, sidewings, or rear window. | 1466 |
(G) This section does not apply to the manufacturer's tinting | 1467 |
or glazing of motor vehicle windows or windshields that is | 1468 |
otherwise in compliance with or permitted by federal motor vehicle | 1469 |
safety standard number two hundred five. | 1470 |
(H) With regard to any side window behind a driver's seat or | 1471 |
any rear window other than any window on an emergency door, this | 1472 |
section does not apply to any school bus used to transport a child | 1473 |
with disabilities pursuant to Chapter 3323. of the Revised Code, | 1474 |
whom it is impossible or impractical to transport by regular | 1475 |
school bus in the course of regular route transportation provided | 1476 |
by a school district. As used in this division, "child with | 1477 |
disabilities" has the same meaning as in section 3323.01 of the | 1478 |
Revised Code. | 1479 |
(I) This section does not apply to any school bus that is to | 1480 |
be sold and operated outside this state. | 1481 |
(J) In addition to any other civil or criminal action arising | 1482 |
from a violation of this section, the owner of a motor vehicle on | 1483 |
which was installed nonconforming glass or material may file a | 1484 |
complaint with the motor vehicle dealers board or the board of | 1485 |
motor vehicle collision repair registration, as applicable. Upon | 1486 |
receipt of a complaint under this section, the motor vehicle | 1487 |
dealers board shall investigate the complaint in accordance with | 1488 |
Chapter 4517. of the Revised Code and the board of motor vehicle | 1489 |
collision repair registration shall investigate in accordance with | 1490 |
Chapter 4775. of the Revised Code. | 1491 |
(K)(1) Whoever violates division (C), | 1492 |
this section is guilty of a minor misdemeanor. | 1493 |
(2)(a) Whoever violates division (D) of this section is | 1494 |
guilty of a misdemeanor of the fourth degree. | 1495 |
(b) In addition to any other penalty imposed under this | 1496 |
section, whoever violates division (D) of this section is liable | 1497 |
in a civil action to the owner of a motor vehicle on which was | 1498 |
installed the nonconforming glass or material for any damages | 1499 |
incurred by that person as a result of the installation of the | 1500 |
nonconforming glass or material, costs of maintaining the civil | 1501 |
action, and attorney fees. | 1502 |
(c) In addition to any other penalty imposed under this | 1503 |
section, if the offender previously has been convicted of or | 1504 |
pleaded guilty to a violation of division (D) of this section and | 1505 |
the offender is a motor vehicle collision repair operator | 1506 |
registered under Chapter 4775. of the Revised Code or a motor | 1507 |
vehicle dealer licensed under Chapter 4517. of the Revised Code, | 1508 |
whoever violates division (D) of this section is subject to a | 1509 |
registration or license suspension, as applicable, for a period of | 1510 |
not more than one hundred eighty days. | 1511 |
(L)(1) Every county court judge, mayor of a mayor's court, | 1512 |
and clerk of a court of record shall keep a full record of every | 1513 |
case in which a person is charged with any violation of this | 1514 |
section. If a person is convicted of or forfeits bail in relation | 1515 |
to a violation of division (D) of this section, the county court | 1516 |
judge, mayor of a mayor's court, or clerk, within ten days after | 1517 |
the conviction or bail forfeiture, shall prepare and immediately | 1518 |
forward to the board of motor vehicle collision repair | 1519 |
registration and the motor vehicle dealers board, an abstract, | 1520 |
certified by the preparer to be true and correct, of the court | 1521 |
record covering the case in which the person was convicted or | 1522 |
forfeited bail. | 1523 |
(2) The board of motor vehicle collision repair registration | 1524 |
and the motor vehicle dealers board each shall keep and maintain | 1525 |
all abstracts received under this section. Within ten days after | 1526 |
receipt of an abstract, each board, respectively, shall determine | 1527 |
whether the person named in the abstract is registered or licensed | 1528 |
with the board and, if the person is so registered or licensed, | 1529 |
shall proceed in accordance with section 4775.09 or 4517.33 of the | 1530 |
Revised Code, as applicable, and determine whether the person's | 1531 |
registration or license is to be suspended for a period of not | 1532 |
more than one hundred eighty days. | 1533 |
Sec. 4517.33. The motor vehicle dealers board shall hear | 1534 |
appeals which may be taken from an order of the registrar of motor | 1535 |
vehicles, refusing to issue a license. All appeals from any order | 1536 |
of the registrar refusing to issue any license upon proper | 1537 |
application must be taken within thirty days from the date of the | 1538 |
order, or the order is final and conclusive. All appeals from | 1539 |
orders of the registrar must be by petition in writing and | 1540 |
verified under oath by the applicant whose application for license | 1541 |
has been denied, and must set forth the reason for the appeal and | 1542 |
the reason why, in the petitioner's opinion, the order of the | 1543 |
registrar is not correct. In such appeals the board may make | 1544 |
investigation to determine the correctness and legality of the | 1545 |
order of the registrar. | 1546 |
The board may make rules governing its actions relative to | 1547 |
the suspension and revocation of dealers', motor vehicle leasing | 1548 |
dealers', distributors', auction owners', and salespersons' | 1549 |
licenses, and may, upon its own motion, and shall, upon the | 1550 |
verified complaint in writing of any person, investigate the | 1551 |
conduct of any licensee under sections 4517.01 to 4517.65 of the | 1552 |
Revised Code. The board shall suspend or revoke or notify the | 1553 |
registrar to refuse to renew any dealer's, motor vehicle leasing | 1554 |
dealer's, distributor's, auction owner's, or salesperson's | 1555 |
license, if any ground existed upon which the license might have | 1556 |
been refused, or if a ground exists that would be cause for | 1557 |
refusal to issue a license. | 1558 |
The board may suspend or revoke any license if the licensee | 1559 |
has in any manner violated the rules issued pursuant to sections | 1560 |
4517.01 to 4517.65 of the Revised Code, or has violated section | 1561 |
4501.02 of the Revised Code, or has been convicted of committing a | 1562 |
felony or violating any law that in any way relates to the | 1563 |
selling, taxing, licensing, or regulation of sales of motor | 1564 |
vehicles. | 1565 |
Within ten days after receipt of an abstract from a county | 1566 |
court judge, mayor of a mayor's court, or clerk of a court of | 1567 |
record indicating a violation of division (D) of section 4513.241 | 1568 |
of the Revised Code, the board shall determine whether the person | 1569 |
named in the abstract is licensed under this chapter and, if the | 1570 |
person is so licensed, shall further determine whether the person | 1571 |
previously has been convicted of or pleaded guilty to a violation | 1572 |
of that section. If the person previously has been convicted of or | 1573 |
pleaded guilty to a violation of that section, the board, in | 1574 |
accordance with Chapter 119. of the Revised Code but without a | 1575 |
prior hearing, shall suspend the person's license for a period of | 1576 |
not more than one hundred eighty days. | 1577 |
Sec. 4519.01. As used in this chapter: | 1578 |
(A) "Snowmobile" means any self-propelled vehicle designed | 1579 |
primarily for use on snow or ice, and steered by skis, runners, or | 1580 |
caterpillar treads. | 1581 |
(B) "All-purpose vehicle" means any self-propelled vehicle | 1582 |
designed primarily for cross-country travel on land and water, or | 1583 |
on more than one type of terrain, and steered by wheels or | 1584 |
caterpillar treads, or any combination thereof, including vehicles | 1585 |
that operate on a cushion of air, vehicles commonly known as | 1586 |
all-terrain vehicles, all-season vehicles, mini-bikes, and trail | 1587 |
bikes. "All-purpose vehicle" does not include a utility vehicle as | 1588 |
defined in section 4501.01 of the Revised Code or any vehicle | 1589 |
principally used in playing golf, any motor vehicle or aircraft | 1590 |
required to be registered under Chapter 4503. or 4561. of the | 1591 |
Revised Code, and any vehicle excepted from definition as a motor | 1592 |
vehicle by division (B) of section 4501.01 of the Revised Code. | 1593 |
(C) "Owner" means any person or firm, other than a lienholder | 1594 |
or dealer, having title to a snowmobile, off-highway motorcycle, | 1595 |
or all-purpose vehicle, or other right to the possession thereof. | 1596 |
(D) "Operator" means any person who operates or is in actual | 1597 |
physical control of a snowmobile, off-highway motorcycle, or | 1598 |
all-purpose vehicle. | 1599 |
(E) "Dealer" means any person or firm engaged in the business | 1600 |
of manufacturing or selling snowmobiles, off-highway motorcycles, | 1601 |
or all-purpose vehicles at wholesale or retail, or who rents, | 1602 |
leases, or otherwise furnishes snowmobiles, off-highway | 1603 |
motorcycles, or all-purpose vehicles for hire. | 1604 |
(F) "Street or highway" has the same meaning as in section | 1605 |
4511.01 of the Revised Code. | 1606 |
(G) "Limited access highway" and "freeway" have the same | 1607 |
meanings as in section 5511.02 of the Revised Code. | 1608 |
(H) "Interstate highway" means any part of the interstate | 1609 |
system of highways as defined in subsection (e), 90 Stat. 431 | 1610 |
(1976), 23 U.S.C.A. 103, as amended. | 1611 |
(I) "Off-highway motorcycle" means every motorcycle, as | 1612 |
defined in section 4511.01 of the Revised Code, that is designed | 1613 |
to be operated primarily on lands other than a street or highway. | 1614 |
(J) "Electronic" and "electronic record" have the same | 1615 |
meanings as in section 4501.01 of the Revised Code. | 1616 |
(K) "Electronic dealer" means a dealer whom the registrar of | 1617 |
motor vehicles designates under section 4519.511 of the Revised | 1618 |
Code. | 1619 |
(L) "Mini-truck" means a vehicle that has four wheels, is | 1620 |
propelled by an electric motor with a rated power of seven | 1621 |
thousand five hundred watts or less or an internal combustion | 1622 |
engine with a piston displacement capacity of six hundred sixty | 1623 |
cubic centimeters or less, has a total dry weight of nine hundred | 1624 |
to two thousand two hundred pounds, contains an enclosed cabin and | 1625 |
a seat for the vehicle operator, resembles a pickup truck or van | 1626 |
with a cargo area or bed located at the rear of the vehicle, and | 1627 |
was not originally manufactured to meet federal motor vehicle | 1628 |
safety standards. | 1629 |
Sec. 4519.02. (A) Except as provided in divisions (B), (C), | 1630 |
and (D) of this section, no person shall operate any snowmobile, | 1631 |
off-highway motorcycle, or all-purpose vehicle within this state | 1632 |
unless the snowmobile, off-highway motorcycle, or all-purpose | 1633 |
vehicle is registered and numbered in accordance with sections | 1634 |
4519.03 and 4519.04 of the Revised Code. | 1635 |
(B)(1) No registration is required for a snowmobile or | 1636 |
off-highway motorcycle that is operated exclusively upon lands | 1637 |
owned by the owner of the snowmobile or off-highway motorcycle, or | 1638 |
on lands to which the owner of the snowmobile or off-highway | 1639 |
motorcycle has a contractual right. | 1640 |
(2) No registration is required for an all-purpose vehicle or | 1641 |
mini-truck that is used primarily for agricultural purposes when | 1642 |
the owner qualifies for the current agricultural use valuation tax | 1643 |
credit, unless it is to be used on any public land, trail, or | 1644 |
right-of-way. | 1645 |
(3) Any all-purpose vehicle or mini-truck exempted from | 1646 |
registration under division (B)(2) of this section and operated | 1647 |
for agricultural purposes may use public roads and rights-of-way | 1648 |
when traveling from one farm field to another, when such use does | 1649 |
not violate section 4519.41 of the Revised Code. | 1650 |
(C) No registration is required for a snowmobile, off-highway | 1651 |
motorcycle, or all-purpose vehicle owned and used in this state by | 1652 |
a resident of another state whenever that state has in effect a | 1653 |
registration law similar to this chapter and the snowmobile, | 1654 |
off-highway motorcycle, or all-purpose vehicle is properly | 1655 |
registered under that state's law. Any snowmobile, off-highway | 1656 |
motorcycle, or all-purpose vehicle owned and used in this state by | 1657 |
a resident of a state not having a registration law similar to | 1658 |
this chapter shall comply with section 4519.09 of the Revised | 1659 |
Code. | 1660 |
(D) No registration is required for a snowmobile, off-highway | 1661 |
motorcycle, or all-purpose vehicle owned and used in this state by | 1662 |
the United States, another state, or a political subdivision | 1663 |
thereof, but the snowmobile, off-highway motorcycle, or | 1664 |
all-purpose vehicle shall display the name of the owner thereon. | 1665 |
(E) The owner or operator of any all-purpose vehicle operated | 1666 |
or used upon the waters in this state shall comply with Chapters | 1667 |
1547. and 1548. of the Revised Code relative to the operation of | 1668 |
watercraft. | 1669 |
(F) Except as otherwise provided in this division, whoever | 1670 |
violates division (A) of this section shall be fined not less than | 1671 |
fifty dollars but not more than one hundred dollars. | 1672 |
Sec. 4775.09. (A)(1) In accordance with Chapter 119. of the | 1673 |
Revised Code, the board of motor | 1674 |
registration may refuse to issue or renew a registration | 1675 |
certificate or may determine whether to waive a suspension of a | 1676 |
registration certificate as provided in division (D) of section | 1677 |
4775.07 of the Revised Code. | 1678 |
(2) Within ten days after receipt of an abstract from a | 1679 |
county court judge, mayor of a mayor's court, or clerk of a court | 1680 |
of record indicating a violation of division (D) of section | 1681 |
4513.241 of the Revised Code, the board shall determine whether | 1682 |
the person named in the abstract is registered with the board and, | 1683 |
if the person is so registered, shall further determine whether | 1684 |
the person previously has been convicted of or pleaded guilty to a | 1685 |
violation of that section. If the person previously has been | 1686 |
convicted of or pleaded guilty to a violation of that section, the | 1687 |
board, in accordance with Chapter 119. of the Revised Code but | 1688 |
without a prior hearing, shall suspend the person's registration | 1689 |
for a period of not more than one hundred eighty days. | 1690 |
(B) The court of common pleas for the county in which any | 1691 |
person conducts, or attempts to conduct, business as a motor | 1692 |
vehicle collision repair operator in violation of this chapter or | 1693 |
any rule adopted under this chapter may, on application of the | 1694 |
board, issue an injunction, a cease and desist order, or other | 1695 |
appropriate order restraining the person from continuing the | 1696 |
violation. This section shall operate in addition to and shall not | 1697 |
prohibit the enforcement of any other law. | 1698 |
(C) Upon the request of the executive director or as a result | 1699 |
of complaints, the board shall investigate the alleged violation. | 1700 |
(D) No person required to be registered under this chapter | 1701 |
shall have the benefit of any lien for labor or materials unless | 1702 |
the person is registered under this chapter. | 1703 |
(E) No person whose application for registration under this | 1704 |
chapter is denied shall open or operate a facility for business as | 1705 |
a motor vehicle collision repair facility under the name of the | 1706 |
person designated in the application for a registration | 1707 |
certificate or under any other name prior to registering as a | 1708 |
motor vehicle collision repair operator in accordance with this | 1709 |
chapter. | 1710 |
Section 2. That existing sections 4501.01, 4501.13, 4503.04, | 1711 |
4503.21, 4503.22, 4503.544, 4507.05, 4507.11, 4511.01, 4511.53, | 1712 |
4513.241, 4517.33, 4519.01, 4519.02, and 4775.09 of the Revised | 1713 |
Code are hereby repealed. | 1714 |
Section 3. Section 4507.11 of the Revised Code is presented | 1715 |
in this act as a composite of the section as amended by both Am. | 1716 |
Sub. H.B. 600 and S.B. 271 of the 123rd General Assembly. The | 1717 |
General Assembly, applying the principle stated in division (B) of | 1718 |
section 1.52 of the Revised Code that amendments are to be | 1719 |
harmonized if reasonably capable of simultaneous operation, finds | 1720 |
that the composite is the resulting version of the section in | 1721 |
effect prior to the effective date of the section as presented in | 1722 |
this act. | 1723 |