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| To amend sections 4519.11, 4519.20, and 4519.44 and | 1 |
| to enact sections 4519.402, 4519.441, 4519.442, | 2 |
| and 4519.443 of the Revised Code to require | 3 |
| children under sixteen years of age to | 4 |
| successfully complete a certified safety education | 5 |
| and training program in order to operate an | 6 |
| all-purpose vehicle on any public property and to | 7 |
| make other changes relating to the operation of | 8 |
| all-purpose vehicles. | 9 |
| Section 1. That sections 4519.11, 4519.20, and 4519.44 be | 10 |
| amended and sections 4519.402, 4519.441, 4519.442, and 4519.443 of | 11 |
| the Revised Code be enacted to read as follows: | 12 |
| Sec. 4519.11. (A) One dollar and twenty-five cents of each | 13 |
| fee collected under sections 4519.04 and 4519.09 of the Revised | 14 |
| Code shall be paid into the state bureau of motor vehicles fund | 15 |
| created by section 4501.25 of the Revised Code. All other fees, | 16 |
| and all taxes and fines levied, charged, or referred to in this | 17 |
| chapter, unless otherwise designated by law, shall be deposited | 18 |
| into the state treasury to the credit of the state recreational | 19 |
| vehicle fund, which is hereby created. The state recreational | 20 |
| vehicle fund shall be used for the purpose of enforcing and | 21 |
| administering the law relative to the registration and operation | 22 |
| of snowmobiles, off-highway motorcycles, and all-purpose vehicles | 23 |
| within the state, for the purpose of expanding the activities of | 24 |
| the department of natural resources to provide trails and other | 25 |
| areas for the operation of such vehicles on state-controlled land | 26 |
| and waters, for the purchase of additional land to be used for | 27 |
| such purposes, and for the development and implementation by the | 28 |
| department of programs relating to the safe use and enjoyment of | 29 |
| snowmobiles, off-highway motorcycles, and all-purpose vehicles. | 30 |
| All investment earnings of the state recreational vehicle | 31 |
| fund shall be credited to the fund. | 32 |
| (B) There is hereby created in the state treasury the | 33 |
| all-purpose vehicle safety education and training fund, consisting | 34 |
| of all fees collected under section 4519.442 of the Revised Code. | 35 |
| Money in the fund shall be used solely to pay the costs of the | 36 |
| all-purpose vehicle safety education and training program of the | 37 |
| department of natural resources. | 38 |
| All investment earnings of the all-purpose vehicle safety | 39 |
| education and training fund shall be credited to the fund. | 40 |
| (C) Notwithstanding section 1501.01 of the Revised Code, | 41 |
| nothing in this section authorizes the appropriation of property | 42 |
| to provide trails and other areas for the operation of | 43 |
| snowmobiles, off-highway motorcycles, and all-purpose vehicles. | 44 |
| Sec. 4519.20. (A) The director of public safety, pursuant to | 45 |
| Chapter 119. of the Revised Code, shall adopt rules for the | 46 |
| equipment of snowmobiles, off-highway motorcycles, and all-purpose | 47 |
| vehicles. The rules may be revised from time to time as the | 48 |
| director considers necessary, and shall include, but not | 49 |
| necessarily be limited to, requirements for the following items of | 50 |
| equipment: | 51 |
| (1) At least one headlight having a minimum candlepower of | 52 |
| sufficient intensity to reveal persons and objects at a distance | 53 |
| of at least one hundred feet ahead under normal atmospheric | 54 |
| conditions during hours of darkness; | 55 |
| (2) At least one red tail light having a minimum candlepower | 56 |
| of sufficient intensity to be plainly visible from a distance of | 57 |
| five hundred feet to the rear under normal atmospheric conditions | 58 |
| during hours of darkness; | 59 |
| (3) Adequate brakes. Every snowmobile, while traveling on | 60 |
| packed snow, shall be capable of carrying a driver who weighs one | 61 |
| hundred seventy-five pounds or more, and, while carrying such | 62 |
| driver, be capable of stopping in not more than forty feet from an | 63 |
| initial steady speed of twenty miles per hour, or locking its | 64 |
| traction belt. | 65 |
| (4) A muffler system capable of precluding the emission of | 66 |
| excessive smoke or exhaust fumes, and of limiting the engine noise | 67 |
| of vehicles. On snowmobiles manufactured after January 1, 1973, | 68 |
| such requirement shall include sound dampening equipment such that | 69 |
| noise does not exceed eighty-two decibels on the "A" scale at | 70 |
| fifty feet as measured according to SAE J192 (September 1970). | 71 |
| (5) For every all-purpose vehicle, a properly installed and | 72 |
| operative spark arrester; | 73 |
| (6) Safety glasses or other protective eye devices and | 74 |
| protective helmets for use by children under the age of sixteen | 75 |
| when operating, or riding as a passenger in, an all-purpose | 76 |
| vehicle. | 77 |
| (B) No person shall operate any snowmobile, off-highway | 78 |
| motorcycle, or all-purpose vehicle in violation of division | 79 |
| (A)(1), (2), (3), or (4) of this section, except that equipment | 80 |
| specified in divisions (A)(1) and (2) of this section shall not be | 81 |
| required on snowmobiles, off-highway motorcycles, or all-purpose | 82 |
| vehicles operated during the daylight hours. | 83 |
| (C) Except as otherwise provided in this division, whoever | 84 |
| violates division (B) of this section shall be fined not more than | 85 |
| fifty dollars. If the offender within the preceding year | 86 |
| previously has committed a violation of division (B) of this | 87 |
| section, whoever violates division (B) of this section shall be | 88 |
| fined not less than fifteen nor more than one hundred dollars, | 89 |
| imprisoned not more than three days, or both. | 90 |
| Sec. 4519.402. (A) No child under the age of sixteen shall | 91 |
| do any of the following: | 92 |
| (1) Operate an all-purpose vehicle that is equipped with an | 93 |
| engine of more than ninety cubic centimeters piston displacement; | 94 |
| (2) Operate, or be a passenger on, an all-purpose vehicle | 95 |
| unless the child is wearing over the child's eyes safety glasses | 96 |
| or another protective eye device that conforms to rules adopted by | 97 |
| the director of public safety under section 4519.20 of the Revised | 98 |
| Code; | 99 |
| (3) Operate, or be a passenger on, an all-purpose vehicle | 100 |
| unless the child is wearing on the child's head a protective | 101 |
| helmet that conforms to rules adopted by the director under | 102 |
| section 4519.20 of the Revised Code. | 103 |
| (B) No person shall operate an all-purpose vehicle while | 104 |
| carrying a passenger unless the all-purpose vehicle is designed by | 105 |
| its manufacturer to carry a passenger. No person shall operate an | 106 |
| all-purpose vehicle while carrying more passengers than the number | 107 |
| of passengers that the all-purpose vehicle is designed by its | 108 |
| manufacturer to carry. | 109 |
| (C) No person shall sell or offer to sell at retail an | 110 |
| all-purpose vehicle that is equipped with an engine of more than | 111 |
| ninety cubic centimeters piston displacement knowing or having | 112 |
| reason to know that the purchaser of the all-purpose vehicle | 113 |
| intends to permit the all-purpose vehicle to be operated by a | 114 |
| child under the age of sixteen. | 115 |
| Sec. 4519.44. (A) No person who does not hold a valid, | 116 |
| current motor vehicle driver's or commercial driver's license, | 117 |
| motorcycle operator's endorsement, or probationary license, issued | 118 |
| under Chapter 4506. or 4507. of the Revised Code or a valid, | 119 |
| current driver's license issued by another jurisdiction, shall | 120 |
| operate a snowmobile, off-highway motorcycle, or all-purpose | 121 |
| vehicle on any street or highway in this state, on any portion of | 122 |
| the right-of-way thereof, or on any public land or waters. | 123 |
| (B) No person who is less than sixteen years of age shall | 124 |
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operate a snowmobile | 125 |
| 126 | |
| waters owned by or leased to the person's parent or guardian, | 127 |
| unless accompanied by another person who is eighteen years of age, | 128 |
| or older, and who holds a license as provided in division (A) of | 129 |
| this section, except that the department of natural resources may | 130 |
| permit such operation on state controlled land under its | 131 |
| jurisdiction when such person is less than sixteen years of age | 132 |
| and is accompanied by a parent or guardian who is a licensed | 133 |
| driver eighteen years of age or older. | 134 |
| (C) Whoever violates this section shall be fined not less | 135 |
| than fifty nor more than five hundred dollars, imprisoned not less | 136 |
| than three nor more than thirty days, or both. | 137 |
| Sec. 4519.441. (A) Subject to section 4519.402 of the | 138 |
| Revised Code, no child under the age of sixteen shall operate an | 139 |
| all-purpose vehicle within this state, other than private property | 140 |
| or private waters, unless at the time of such operation both of | 141 |
| the following apply: | 142 |
| (1) The child has in the child's immediate possession any of | 143 |
| the following: | 144 |
| (a) A temporary safety program certificate issued to the | 145 |
| child by a certified instructor of an all-purpose vehicle safety | 146 |
| education and training course approved by the department of | 147 |
| natural resources under section 4519.442 of the Revised Code; | 148 |
| (b) A permanent safety program certificate issued to the | 149 |
| child by the department; or | 150 |
| (c) A safety program certificate from a safety education and | 151 |
| training course located in another state that is recognized by the | 152 |
| department as being equivalent to a safety education and training | 153 |
| course approved by the department. | 154 |
| (2) The child is accompanied by another person who is | 155 |
| eighteen years of age or older and holds a valid, current driver's | 156 |
| license, commercial driver's license, or restricted license to | 157 |
| operate a motorcycle issued under Chapter 4506. or 4507. of the | 158 |
| Revised Code or such a valid, current license issued by another | 159 |
| jurisdiction. | 160 |
| (B) No person shall accompany a child under the age of | 161 |
| sixteen while the child is operating an all-purpose vehicle on any | 162 |
| land or waters, other than private property or private waters, | 163 |
| unless both of the following apply: | 164 |
| (1) The person is eighteen years of age or older; and | 165 |
| (2) The person holds a valid, current driver's license, | 166 |
| commercial driver's license, or restricted license to operate a | 167 |
| motorcycle issued under Chapter 4506. or 4507. of the Revised Code | 168 |
| or such a valid, current license issued by another jurisdiction. | 169 |
| Sec. 4519.442. (A) The director of natural resources in | 170 |
| consultation with the director of public safety shall establish an | 171 |
| all-purpose vehicle safety education and training program. The | 172 |
| director shall do so by adopting rules in accordance with Chapter | 173 |
| 119. of the Revised Code that do all of the following: | 174 |
| (1) Establish standards governing an all-purpose vehicle | 175 |
| safety education and training course, including the contents of | 176 |
| the course, which may be the same as the contents of an | 177 |
| all-purpose vehicle safety education and training course developed | 178 |
| or formulated by a nationally recognized safety organization that | 179 |
| the director determines has expertise in this area; | 180 |
| (2) Establish requirements that instructors must meet in | 181 |
| order to be certified to teach the education and training course, | 182 |
| which may include certification by the organization described in | 183 |
| division (A)(1) of this section; | 184 |
| (3) Establish procedures by which a person who wishes to | 185 |
| conduct the all-purpose vehicle safety education and training | 186 |
| course may apply to the department of natural resources for | 187 |
| approval to do so; | 188 |
| (4) Require a trainee to take the education and training | 189 |
| course in person in its entirety; | 190 |
| (5) Establish procedures for the issuance of a temporary | 191 |
| safety certificate by an instructor to a trainee upon successful | 192 |
| completion by the trainee of the education and training course; | 193 |
| (6) Establish procedures for the issuance by the department | 194 |
| of natural resources of a permanent safety certificate to a person | 195 |
| who has been issued a temporary safety certificate. The department | 196 |
| shall issue a permanent safety certificate upon notification from | 197 |
| an instructor that a person has been issued a temporary safety | 198 |
| certificate. | 199 |
| (7) Establish the amount of the fee to be charged to trainees | 200 |
| taking the education and training course and the process for | 201 |
| collecting the fee by the department. The director of natural | 202 |
| resources shall deposit money derived from the fee into the state | 203 |
| treasury to the credit of the all-purpose vehicle safety education | 204 |
| and training fund created in section 4519.11 of the Revised Code. | 205 |
| (8) Establish the amount to be paid to instructors who teach | 206 |
| the education and training course and the procedure for paying the | 207 |
| instructors; | 208 |
| (9) Establish any other requirements governing the education | 209 |
| and training course that the director of natural resources | 210 |
| determines are necessary. | 211 |
| (B) A person who wishes to conduct an all-purpose vehicle | 212 |
| safety education and training course shall apply to the director | 213 |
| for approval to conduct the course and for approval of the course. | 214 |
| The director shall approve the person's application if the person | 215 |
| and the course meet all applicable standards and requirements | 216 |
| established under rules adopted under division (A) of this | 217 |
| section. | 218 |
| Sec. 4519.443. A certified instructor, in the course of | 219 |
| teaching an approved all-purpose vehicle safety education and | 220 |
| training course, and the owner, lessee, renter, or other occupier | 221 |
| of the land upon which an approved training course is taught, | 222 |
| shall be immune from liability in a civil action for any injury, | 223 |
| death, or loss to person or property that allegedly was caused by | 224 |
| or resulted from the education and training course. This section | 225 |
| does not apply to civil claims based upon alleged willful or | 226 |
| wanton misconduct or intentionally tortious conduct of the | 227 |
| certified instructor or the owner, lessee, renter, or other | 228 |
| occupier of the land. This section does not create a new cause of | 229 |
| action or a substantive legal right against the certified | 230 |
| instructor or the owner, lessee, renter, or occupier of the land | 231 |
| and does not affect any immunities from civil liability or | 232 |
| defenses established by another section of the Revised Code or | 233 |
| available at common law, to which the certified instructor or the | 234 |
| owner, lessee, renter, or occupier of the land may be entitled | 235 |
| under circumstances not covered by this section. | 236 |
| Section 2. That existing sections 4519.11, 4519.20, and | 237 |
| 4519.44 of the Revised Code are hereby repealed. | 238 |