As Reported by the House Transportation, Public Safety, and Homeland Security Committee

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 204

Representative Perales 

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

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A BILL

To amend sections 4507.071, 4507.21, and 4511.093 of

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the Revised Code to modify the law related to

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graduated driver's licenses and to extend the

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driver education or training course requirement to

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all applicants under the age of twenty-one.

5

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

Section 1. That sections 4507.071, 4507.21, and 4511.093 of	6
the Revised Code be amended to read as follows:	7

Sec. 4507.071.  (A) No driver's license shall be issued to	8
any person under eighteen years of age, except that a probationary	9
license may be issued to a person who is at least sixteen years of	10
age and who has held a temporary instruction permit for a period	11
of at least six months.	12

(B)(1)(a) No holder of a probationary driver's license who	13
has not attained the age of seventeen years shall operate a motor	14
vehicle upon a highway or any public or private property used by	15
the public for purposes of vehicular travel or parking between the	16
hours of midnight and six a.m. unless the holder is accompanied by	17
the holder's parent or guardian.	18

(b) No holder of a probationary driver's license who has	19
attained the age of seventeen years but has not attained the age	20
of eighteen years shall operate a motor vehicle upon a highway or	21
any public or private property used by the public for purposes of	22
vehicular travel or parking between the hours of one a.m.ten p.m.	23
and five a.m. unless the holder is accompanied by the holder's	24
parent or guardian.	25

(2)(a) Subject to division (D)(1)(a) of this section,	26
division (B)(1)(a) of this section does not apply to the holder of	27
a probationary driver's license who is traveling to or from work	28
between the hours of midnight and six a.m. and has in the holder's	29
immediate possession written documentation from the holder's	30
employer.	31

(b) Division (B)(1)(b) of this section does not apply to the	32
holder of a probationary driver's license who is traveling to or	33
from work between the hours of one a.m.ten p.m. and five a.m. and	34
has in the holder's immediate possession written documentation	35
from the holder's employer.	36

(3) An employer is not liable in damages in a civil action	37
for any injury, death, or loss to person or property that	38
allegedly arises from, or is related to, the fact that the	39
employer provided an employee who is the holder of a probationary	40
driver's license with the written documentation described in	41
division (B)(2) of this section.	42

The registrar of motor vehicles shall make available at no	43
cost a form to serve as the written documentation described in	44
division (B)(2) of this section, and employers and holders of	45
probationary driver's licenses may utilize that form or may choose	46
to utilize any other written documentation to meet the	47
requirements of that division.	48

(4) No(a) Except as provided in division (B)(4)(b) of this	49
section, no holder of a probationary driver's license who is less	50
than seventeen years of agehas held the license for less than	51
twelve months shall operate a motor vehicle upon a highway or any	52
public or private property used by the public for purposes of	53
vehicular travel or parking with more than one person who is not a	54
family member occupying the vehicle unlesswith more than one	55
passenger, and any such passenger shall be twenty-one years of age	56
or older and hold a valid driver's or commercial driver's license.	57

(b) Subject to division (E) of this section, the holder of a	58
probationary driver's license who has held the license for less	59
than twelve months may operate a motor vehicle with any number of	60
family members occupying the motor vehicle or, if the probationary	61
license holder is accompanied by the probationary license holder's	62
parent, guardian, or custodian, with any number of persons	63
occupying the motor vehicle.	64

(C) It is an affirmative defense to a violation of division	65
(B)(1)(a) or (b) of this section if, at the time of the violation,	66
the holder of the probationary driver's license was traveling to	67
or from an official function sponsored by the school the holder	68
attends, or an emergency existed that required the holder to	69
operate a motor vehicle in violation of division (B)(1)(a) or (b)	70
of this section, or the holder was an emancipated minor.	71

(D)(1)(a) Except as otherwise provided in division (D)(2) of	72
this section, if a person is issuedwho holds a probationary	73
driver's license prior to attaining the age of seventeen years and	74
the person pleads guilty to, is convicted of, or is adjudicated in	75
juvenile court of having committed a moving violation during the	76
six-month period commencing on the date on which the person is	77
issued the probationary driver's license, the holder must be	78
accompanied by the holder's parent or guardian whenever the holder	79
is operating a motor vehicle upon a highway or any public or	80
private property used by the public for purposes of vehicular	81
travel or parking during whichever of the following time periods	82
applies:	83

(i) If, on the date the holder of the probationary driver's	84
license pleads guilty to, is convicted of, or is adjudicated in	85
juvenile court of having committed the moving violation, the	86
holder has not attained the age of sixteenseventeen years six	87
months, during the six-month period commencing on that date;	88

(ii) If, on the date the holder pleads guilty to, is	89
convicted of, or is adjudicated in juvenile court of having	90
committed the moving violation, the holder has attained the age of	91
sixteenseventeen years six months but not seventeeneighteen	92
years, until the person attains the age of seventeeneighteen	93
years.	94

(b) If the holder of a probationary driver's license commits	95
a moving violation during the six-month period after the person is	96
issued the probationary driver's license and before the person	97
attains the age of seventeen years and on the date the person	98
pleads guilty to, is convicted of, or is adjudicated in juvenile	99
court of having committed the moving violation the person has	100
attained the age of seventeeneighteen years, or if the person	101
commits the moving violation during the six-month period after the	102
person is issued the probationary driver's license and after the	103
person attains the age of seventeen years, the holder is not	104
subject to the restriction described in divisions (D)(1)(a)(i) and	105
(ii) of this section unless the court or juvenile court imposes	106
such a restriction upon the holder.	107

(2) Any person who is subject to the operating restrictions	108
established under division (D)(1) of this section as a result of a	109
first moving violation may petition the court for occupational or	110
educational driving privileges without being accompanied by the	111
holder's parent or guardian during the period of time specified in	112
that division. The court may grant the person such driving	113
privileges if the court finds reasonable cause to believe that the	114
restrictions established in division (D)(1) will seriously affect	115
the person's ability to continue in employment or educational	116
training or will cause undue hardship on the license holder or a	117
family member of the license holder. In granting the driving	118
privileges, the court shall specify the purposes, times, and	119
places of the privileges and shall issue the person appropriate	120
forms setting forth the privileges granted. Occupational or	121
educational driving privileges under this division shall not be	122
granted to the same person more than once. If a person is	123
convicted of, pleads guilty to, or is adjudicated in juvenile	124
court of having committed a second or subsequent moving violation,	125
any driving privileges previously granted under this division are	126
terminated upon the subsequent conviction, plea, or adjudication.	127

(3) No person shall violate division (D)(1)(a) of this	128
section.	129

(E)(1) No holder of a probationary license shall operate a	130
motor vehicle upon a highway or any public or private property	131
used by the public for purposes of vehicular travel or parking	132
unless the total number of occupants of the vehicle does not	133
exceed the total number of occupant restraining devices originally	134
installed in the motor vehicle by its manufacturer, and each	135
occupant of the vehicle is wearing all of the available elements	136
of a properly adjusted occupant restraining device.	137

(2) No person who is a passenger in a motor vehicle being	138
operated by a holder of a probationary license on a highway or any	139
public or private property used by the public for purposes of	140
vehicular travel or parking shall fail to wear all of the	141
available elements of a properly adjusted occupant restraining	142
device.	143

(F) A restricted license may be issued to a person who is	144
fourteen or fifteen years of age upon proof of hardship	145
satisfactory to the registrar of motor vehicles.	146

(G) Notwithstanding any other provision of law to the	147
contrary, no law enforcement officer shall cause the operator of a	148
motor vehicle being operated on any street or highway to stop the	149
motor vehicle for the sole purpose of determining whether each	150
occupant of the motor vehicle is wearing all of the available	151
elements of a properly adjusted occupant restraining device as	152
required by division (E) of this section, or for the sole purpose	153
of issuing a ticket, citation, or summons if the requirement in	154
that division has been or is being violated, or for causing the	155
arrest of or commencing a prosecution of a person for a violation	156
of that requirement.	157

(H) Notwithstanding any other provision of law to the	158
contrary, no law enforcement officer shall cause the operator of a	159
motor vehicle being operated on any street or highway to stop the	160
motor vehicle for the sole purpose of determining whether a	161
violation of division (B)(1)(a) or (b) of this section has been or	162
is being committed or for the sole purpose of issuing a ticket,	163
citation, or summons for such a violation or for causing the	164
arrest of or commencing a prosecution of a person for such	165
violation.	166

(I) As used in this section:

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(1) "Occupant restraining device" has the same meaning as in	168
section 4513.263 of the Revised Code.	169

(2) "Family member" of a probationary license holder includes	170
any of the following:	171

(a) A spouse;

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(b) A child or stepchild;

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

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(d) An aunt or uncle;

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(e) A sibling, whether of the whole or half blood or by	176
adoption, a brother-in-law, or a sister-in-law;	177

(f) A son or daughter of the probationary license holder's	178
stepparent if the stepparent has not adopted the probationary	179
license holder;	180

(g) An eligible adult, as defined in section 4507.05 of the	181
Revised Code.	182

(3) "Moving violation" means any violation of any statute or	183
ordinance that regulates the operation of vehicles, streetcars, or	184
trackless trolleys on the highways or streets. "Moving violation"	185
does not include a violation of section 4513.263 of the Revised	186
Code or a substantially equivalent municipal ordinance, or a	187
violation of any statute or ordinance regulating pedestrians or	188
the parking of vehicles, vehicle size or load limitations, vehicle	189
fitness requirements, or vehicle registration.	190

(J) Whoever violates division (B)(1) or (4)(a), (D)(3), or	191
(E) of this section is guilty of a minor misdemeanor.	192

Sec. 4507.21.  (A) Each applicant for a driver's license	193
shall file an application in the office of the registrar of motor	194
vehicles or of a deputy registrar.	195

(B)(1) Each(a) Except as provided in division (B)(1)(b) of	196
this section, each person under eighteentwenty-one years of age	197
applying for a driver's license issued in this state shall present	198
satisfactory evidence of having successfully completed any one of	199
the following:	200

(a)(i) A driver education course approved by the state	201
department of education prior to December 31, 2003.	202

(b)(ii) A driver training course approved by the director of	203
public safety.	204

(c)(iii) A driver training course comparable to a driver	205
education or driver training course described in division	206
(B)(1)(a)(i) or (b)(ii) of this section and administered by a	207
branch of the armed forces of the United States and completed by	208
the applicant while residing outside this state for the purpose of	209
being with or near any person serving in the armed forces of the	210
United States.	211

(b) As an alternative to division (B)(1)(a) of this section,	212
a person who is at least eighteen but less than twenty-one years	213
of age and is on active duty in or a veteran of the armed forces	214
of the United States may present satisfactory evidence of having	215
successfully completed, while on active duty in the armed forces	216
of the United States, a driver training course to which both of	217
the following apply:	218

(i) It is comparable to a driver education or driver training	219
course described in division (B)(1)(a)(i) or (ii) of this section;	220
and	221

(ii) It is administered by a branch of the armed forces of	222
the United States.	223

(2) Each person under eighteen years of age applying for a	224
driver's license also shall present, on a form prescribed by the	225
registrar, an affidavit signed by an eligible adult attesting that	226
the person has acquired at least fifty hours of actual driving	227
experience, with at least ten of those hours being at night.	228

(C) If the registrar or deputy registrar determines that the	229
applicant is entitled to the driver's license, it shall be issued.	230
If the application shows that the applicant's license has been	231
previously canceled or suspended, the deputy registrar shall	232
forward the application to the registrar, who shall determine	233
whether the license shall be granted.	234

(D) All applications shall be filed in duplicate, and the	235
deputy registrar issuing the license shall immediately forward to	236
the office of the registrar the original copy of the application,	237
together with the duplicate copy of the certificate, if issued.	238
The registrar shall prescribe rules as to the manner in which the	239
deputy registrar files and maintains the applications and other	240
records. The registrar shall file every application for a driver's	241
or commercial driver's license and index them by name and number,	242
and shall maintain a suitable record of all licenses issued, all	243
convictions and bond forfeitures, all applications for licenses	244
denied, and all licenses that have been suspended or canceled.	245

(E) For purposes of section 2313.06 of the Revised Code, the	246
registrar shall maintain accurate and current lists of the	247
residents of each county who are eighteen years of age or older,	248
have been issued, on and after January 1, 1984, driver's or	249
commercial driver's licenses that are valid and current, and would	250
be electors if they were registered to vote, regardless of whether	251
they actually are registered to vote. The lists shall contain the	252
names, addresses, dates of birth, duration of residence in this	253
state, citizenship status, and social security numbers, if the	254
numbers are available, of the licensees, and may contain any other	255
information that the registrar considers suitable.	256

(F) Each person under eighteen years of age applying for a	257
motorcycle operator's endorsement or a restricted license enabling	258
the applicant to operate a motorcycle shall present satisfactory	259
evidence of having completed the courses of instruction in the	260
motorcycle safety and education program described in section	261
4508.08 of the Revised Code or a comparable course of instruction	262
administered by a branch of the armed forces of the United States	263
and completed by the applicant while residing outside this state	264
for the purpose of being with or near any person serving in the	265
armed forces of the United States. If the registrar or deputy	266
registrar then determines that the applicant is entitled to the	267
endorsement or restricted license, it shall be issued.	268

(G) No person shall knowingly make a false statement in an	269
affidavit presented in accordance with division (B)(2) of this	270
section.	271

(H) As used in this section, "eligible adult" means any of	272
the following persons:	273

(1) A parent, guardian, or custodian of the applicant;

274

(2) A person over the age of twenty-one who acts in loco	275
parentis of the applicant and who maintains proof of financial	276
responsibility with respect to the operation of a motor vehicle	277
owned by the applicant or with respect to the applicant's	278
operation of any motor vehicle.	279

(I) Whoever violates division (G) of this section is guilty	280
of a minor misdemeanor and shall be fined one hundred dollars.	281

Sec. 4511.093. (A)(1) No law enforcement officer who stops	282
the operator of a motor vehicle in the course of an authorized	283
sobriety or other motor vehicle checkpoint operation or a motor	284
vehicle safety inspection shall issue a ticket, citation, or	285
summons for a secondary traffic offense unless in the course of	286
the checkpoint operation or safety inspection the officer first	287
determines that an offense other than a secondary traffic offense	288
has occurred and either places the operator or a vehicle occupant	289
under arrest or issues a ticket, citation, or summons to the	290
operator or a vehicle occupant for an offense other than a	291
secondary offense.	292

(2) A law enforcement agency that operates a motor vehicle	293
checkpoint for an express purpose related to a secondary traffic	294
offense shall not issue a ticket, citation, or summons for any	295
secondary traffic offense at such a checkpoint, but may use such a	296
checkpoint operation to conduct a public awareness campaign and	297
distribute information.	298

(B) As used in this section, "secondary traffic offense"	299
means a violation of division (A) or (F)(2) of section 4507.05,	300
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A)	301
of section 4511.204, division (C) or (D) of section 4511.81,	302
division (A)(3) of section 4513.03, or division (B) of section	303
4513.263 of the Revised Code.	304

Section 2.  That existing sections 4507.071, 4507.21, and	305
4511.093 of the Revised Code are hereby repealed.	306

Section 3.  Section 4507.21 of the Revised Code is presented	307
in this act as a composite of the section as amended by both Am.	308
Sub. H.B. 407 and Am. Sub. S.B. 123 of the 124th General Assembly.	309
The General Assembly, applying the principle stated in division	310
(B) of section 1.52 of the Revised Code that amendments are to be	311
harmonized if reasonably capable of simultaneous operation, finds	312
that the composite is the resulting version of the section in	313
effect prior to the effective date of the section as presented in	314
this act.	315