As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 204


Representative Perales 

Cosponsors: Representatives Stinziano, Hagan, R., Terhar, Henne 

A BILL
To amend sections 4507.071 and 4511.093 of the 1
Revised Code to modify the law related to 2
graduated driver's licenses.3


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

       Section 1. That sections 4507.071 and 4511.093 of the Revised 4
Code be amended to read as follows:5

       Sec. 4507.071.  (A) No driver's license shall be issued to 6
any person under eighteen years of age, except that a probationary 7
license may be issued to a person who is at least sixteen years of 8
age and who has held a temporary instruction permit for a period 9
of at least six months.10

       (B)(1)(a) No holder of a probationary driver's license who 11
has not attained the age of seventeen years shall operate a motor 12
vehicle upon a highway or any public or private property used by 13
the public for purposes of vehicular travel or parking between the 14
hours of midnight and six a.m. unless the holder is accompanied by 15
the holder's parent or guardian.16

       (b) No holder of a probationary driver's license who has 17
attained the age of seventeen years but has not attained the age 18
of eighteen years shall operate a motor vehicle upon a highway or 19
any public or private property used by the public for purposes of 20
vehicular travel or parking between the hours of one a.m.ten p.m.21
and five a.m. unless the holder is accompanied by the holder's 22
parent or guardian.23

       (2)(a) Subject to division (D)(1)(a) of this section, 24
division (B)(1)(a) of this section does not apply to the holder of 25
a probationary driver's license who is traveling to or from work 26
between the hours of midnight and six a.m. and has in the holder's 27
immediate possession written documentation from the holder's 28
employer.29

       (b) Division (B)(1)(b) of this section does not apply to the 30
holder of a probationary driver's license who is traveling to or 31
from work between the hours of one a.m.ten p.m. and five a.m. and 32
has in the holder's immediate possession written documentation 33
from the holder's employer.34

       (3) An employer is not liable in damages in a civil action 35
for any injury, death, or loss to person or property that 36
allegedly arises from, or is related to, the fact that the 37
employer provided an employee who is the holder of a probationary 38
driver's license with the written documentation described in 39
division (B)(2) of this section.40

        The registrar of motor vehicles shall make available at no 41
cost a form to serve as the written documentation described in 42
division (B)(2) of this section, and employers and holders of 43
probationary driver's licenses may utilize that form or may choose 44
to utilize any other written documentation to meet the 45
requirements of that division.46

       (4) No(a) Except as provided in division (B)(4)(b) of this 47
section, no holder of a probationary driver's license who is less 48
than seventeen years of agehas held the license for less than 49
twelve months shall operate a motor vehicle upon a highway or any 50
public or private property used by the public for purposes of 51
vehicular travel or parking with more than one person who is not a 52
family member occupying the vehicle unlesswith more than one 53
passenger, and any such passenger shall be twenty-one years of age 54
or older and hold a valid driver's or commercial driver's license.55

       (b) Subject to division (E) of this section, the holder of a 56
probationary driver's license who has held the license for less 57
than twelve months may operate a motor vehicle with any number of 58
family members occupying the motor vehicle or, if the probationary 59
license holder is accompanied by the probationary license holder's 60
parent, guardian, or custodian, with any number of persons 61
occupying the motor vehicle.62

       (C) It is an affirmative defense to a violation of division 63
(B)(1)(a) or (b) of this section if, at the time of the violation, 64
the holder of the probationary driver's license was traveling to 65
or from an official function sponsored by the school the holder 66
attends, or an emergency existed that required the holder to 67
operate a motor vehicle in violation of division (B)(1)(a) or (b)68
of this section, or the holder was an emancipated minor.69

       (D)(1)(a) Except as otherwise provided in division (D)(2) of 70
this section, if a person is issuedwho holds a probationary 71
driver's license prior to attaining the age of seventeen years and 72
the person pleads guilty to, is convicted of, or is adjudicated in 73
juvenile court of having committed a moving violation during the 74
six-month period commencing on the date on which the person is 75
issued the probationary driver's license, the holder must be 76
accompanied by the holder's parent or guardian whenever the holder 77
is operating a motor vehicle upon a highway or any public or 78
private property used by the public for purposes of vehicular 79
travel or parking during whichever of the following time periods 80
applies:81

        (i) If, on the date the holder of the probationary driver's 82
license pleads guilty to, is convicted of, or is adjudicated in 83
juvenile court of having committed the moving violation, the 84
holder has not attained the age of sixteenseventeen years six 85
months, during the six-month period commencing on that date;86

        (ii) If, on the date the holder pleads guilty to, is 87
convicted of, or is adjudicated in juvenile court of having 88
committed the moving violation, the holder has attained the age of 89
sixteenseventeen years six months but not seventeeneighteen90
years, until the person attains the age of seventeeneighteen91
years.92

        (b) If the holder of a probationary driver's license commits 93
a moving violation during the six-month period after the person is 94
issued the probationary driver's license and before the person 95
attains the age of seventeen years and on the date the person 96
pleads guilty to, is convicted of, or is adjudicated in juvenile 97
court of having committed the moving violation the person has 98
attained the age of seventeeneighteen years, or if the person 99
commits the moving violation during the six-month period after the 100
person is issued the probationary driver's license and after the 101
person attains the age of seventeen years, the holder is not 102
subject to the restriction described in divisions (D)(1)(a)(i) and 103
(ii) of this section unless the court or juvenile court imposes 104
such a restriction upon the holder.105

        (2) Any person who is subject to the operating restrictions 106
established under division (D)(1) of this section as a result of a 107
first moving violation may petition the court for occupational or 108
educational driving privileges without being accompanied by the 109
holder's parent or guardian during the period of time specified in 110
that division. The court may grant the person such driving 111
privileges if the court finds reasonable cause to believe that the 112
restrictions established in division (D)(1) will seriously affect 113
the person's ability to continue in employment or educational 114
training or will cause undue hardship on the license holder or a 115
family member of the license holder. In granting the driving 116
privileges, the court shall specify the purposes, times, and 117
places of the privileges and shall issue the person appropriate 118
forms setting forth the privileges granted. Occupational or 119
educational driving privileges under this division shall not be 120
granted to the same person more than once. If a person is 121
convicted of, pleads guilty to, or is adjudicated in juvenile 122
court of having committed a second or subsequent moving violation, 123
any driving privileges previously granted under this division are 124
terminated upon the subsequent conviction, plea, or adjudication.125

       (3) No person shall violate division (D)(1)(a) of this 126
section.127

        (E)(1) No holder of a probationary license shall operate a 128
motor vehicle upon a highway or any public or private property 129
used by the public for purposes of vehicular travel or parking 130
unless the total number of occupants of the vehicle does not 131
exceed the total number of occupant restraining devices originally 132
installed in the motor vehicle by its manufacturer, and each 133
occupant of the vehicle is wearing all of the available elements 134
of a properly adjusted occupant restraining device.135

       (2) No person who is a passenger in a motor vehicle being 136
operated by a holder of a probationary license on a highway or any 137
public or private property used by the public for purposes of 138
vehicular travel or parking shall fail to wear all of the 139
available elements of a properly adjusted occupant restraining 140
device.141

       (F) A restricted license may be issued to a person who is 142
fourteen or fifteen years of age upon proof of hardship 143
satisfactory to the registrar of motor vehicles.144

       (G) Notwithstanding any other provision of law to the 145
contrary, no law enforcement officer shall cause the operator of a 146
motor vehicle being operated on any street or highway to stop the 147
motor vehicle for the sole purpose of determining whether each 148
occupant of the motor vehicle is wearing all of the available 149
elements of a properly adjusted occupant restraining device as 150
required by division (E) of this section, or for the sole purpose 151
of issuing a ticket, citation, or summons if the requirement in 152
that division has been or is being violated, or for causing the 153
arrest of or commencing a prosecution of a person for a violation 154
of that requirement.155

       (H) Notwithstanding any other provision of law to the 156
contrary, no law enforcement officer shall cause the operator of a 157
motor vehicle being operated on any street or highway to stop the 158
motor vehicle for the sole purpose of determining whether a 159
violation of division (B)(1)(a) or (b) of this section has been or 160
is being committed or for the sole purpose of issuing a ticket, 161
citation, or summons for such a violation or for causing the 162
arrest of or commencing a prosecution of a person for such 163
violation.164

       (I) As used in this section:165

       (1) "Occupant restraining device" has the same meaning as in 166
section 4513.263 of the Revised Code.167

       (2) "Family member" of a probationary license holder includes 168
any of the following:169

       (a) A spouse;170

       (b) A child or stepchild;171

       (c) A parent, stepparent, grandparent, or parent-in-law;172

       (d) An aunt or uncle;173

       (e) A sibling, whether of the whole or half blood or by 174
adoption, a brother-in-law, or a sister-in-law;175

       (f) A son or daughter of the probationary license holder's 176
stepparent if the stepparent has not adopted the probationary 177
license holder;178

       (g) An eligible adult, as defined in section 4507.05 of the 179
Revised Code.180

       (3) "Moving violation" means any violation of any statute or 181
ordinance that regulates the operation of vehicles, streetcars, or 182
trackless trolleys on the highways or streets. "Moving violation" 183
does not include a violation of section 4513.263 of the Revised 184
Code or a substantially equivalent municipal ordinance, or a 185
violation of any statute or ordinance regulating pedestrians or 186
the parking of vehicles, vehicle size or load limitations, vehicle 187
fitness requirements, or vehicle registration.188

       (J) Whoever violates division (B)(1) or (4)(a), (D)(3), or 189
(E) of this section is guilty of a minor misdemeanor.190

       Sec. 4511.093. (A)(1) No law enforcement officer who stops 191
the operator of a motor vehicle in the course of an authorized 192
sobriety or other motor vehicle checkpoint operation or a motor 193
vehicle safety inspection shall issue a ticket, citation, or 194
summons for a secondary traffic offense unless in the course of 195
the checkpoint operation or safety inspection the officer first 196
determines that an offense other than a secondary traffic offense 197
has occurred and either places the operator or a vehicle occupant 198
under arrest or issues a ticket, citation, or summons to the 199
operator or a vehicle occupant for an offense other than a 200
secondary offense.201

       (2) A law enforcement agency that operates a motor vehicle 202
checkpoint for an express purpose related to a secondary traffic 203
offense shall not issue a ticket, citation, or summons for any 204
secondary traffic offense at such a checkpoint, but may use such a 205
checkpoint operation to conduct a public awareness campaign and 206
distribute information.207

       (B) As used in this section, "secondary traffic offense" 208
means a violation of division (A) or (F)(2) of section 4507.05, 209
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A) 210
of section 4511.204, division (C) or (D) of section 4511.81, 211
division (A)(3) of section 4513.03, or division (B) of section 212
4513.263 of the Revised Code.213

       Section 2.  That existing sections 4507.071 and 4511.093 of 214
the Revised Code are hereby repealed.215