As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 114


Senator Seitz 

Cosponsor: Senator Kearney 



A BILL
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


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

       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 utility43
under-speed vehicles as defined in division (VV)(XX) of this 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 is capable of beingmay be pedaled, and 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 thirty-fiveforty feet, exclusive of bumper and 168
tongue or coupling, and contains less than three hundred twenty 169
square feet of space when erected on site. "Travel trailer" 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
that has a gross trailer area of four hundred square feet or less,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. "Utility vehicle" 373
includes a vehicle with a maximum attainable speed of twenty miles 374
per hour or less that is used exclusively within the boundaries of 375
state parks by state park employees or volunteers for the 376
operation or maintenance of state park facilities.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)(2)(1)(b) of section 4503.04 of the Revised Code shall 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

       (1)(a) For each motorized bicycle or moped, ten dollars;421

       (2)(b) For each motorcycle, cab-enclosed motorcycle, 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) TheExcept as otherwise provided in division (A) or (J) 483
of this section, the minimum tax for any vehicle having motor 484
power other than a farm truck, a motorized bicycle, or motorcycle485
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 of motor vehicles of the type commonly called 680
"motorcycles" shall consist of a single placard, the size of which 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 motorcycle693
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 regular motorcycleapplicable license 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 a765
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 is capable of beingmay be pedaled, and that is 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

       No(C)(1) Except as provided in division (C)(2) of this 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. NoExcept as provided in division (C)(2) of this section, 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 regulations 1392
prescribed and promulgatedrules adopted by the director of public 1393
safety. The provisions of this paragraph or a violation thereof 1394
shall not be used in the trial of any civil action.1395

       (C)(2) Division (C)(1) of this section does not apply to a 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

       (D)(E) Except as otherwise provided in this division, whoever 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), (D), (E), or (F) of 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 vehiclesvehicle collision repair 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