As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 342

Senator Seitz 

---

A BILL

To amend sections 1901.20 and 4511.094; to amend, for

1

the purpose of adopting a new section number as

2

indicated in parentheses, section 4511.093

3

(4511.043); to enact sections 4511.095, 4511.096,

4

4511.097, 4511.098, 4511.099, 4511.0910,

5

4511.0911, 4511.0912, and 4511.0913; to enact new

6

sections 4511.092 and 4511.093; and to repeal

7

section 4511.092 of the Revised Code to establish

8

conditions for the use by local authorities of

9

traffic law photo-monitoring devices to detect

10

certain traffic law violations.

11

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

Section 1.  That sections 1901.20 and 4511.094 be amended,	12
section 4511.093 (4511.043) be amended for the purpose of adopting	13
a new section number as indicated in parentheses, and sections	14
4511.095, 4511.096, 4511.097, 4511.098, 4511.099, 4511.0910,	15
4511.0911, 4511.0912, and 4511.0913 and new sections 4511.092 and	16
4511.093 of the Revised Code be enacted to read as follows:	17

Sec. 1901.20.  (A)(1) The municipal court has jurisdiction of	18
to hear misdemeanor cases committed within its territory and has	19
jurisdiction over the violation of any ordinance of any municipal	20
corporation within its territory, unless the violation is a civil	21
violation based upon evidence recorded by a traffic law	22
photo-monitoring device and issued pursuant to division (B)(3) of	23
section 4511.093 of the Revised Code or the violation is required	24
to be handled by a parking violations bureau or joint parking	25
violations bureau pursuant to Chapter 4521. of the Revised Code,	26
and of the violation of any misdemeanor committed within the	27
limits of its territory. The. However, the municipal court has	28
jurisdiction ofover the violation of a vehicle parking or	29
standing resolution or regulation if a local authority, as defined	30
in division (D) of section 4521.01 of the Revised Code, has	31
specified that it is not to be considered a criminal offense, if	32
the violation is committed within the limits of the court's	33
territory, and if the violation is not required to be handled by a	34
parking violations bureau or joint parking violations bureau	35
pursuant to Chapter 4521. of the Revised Code. The	36

The municipal court, if it has a housing or environmental	37
division, has jurisdiction ofover any criminal action over which	38
the housing or environmental division is given jurisdiction by	39
section 1901.181 of the Revised Code, provided that, except as	40
specified in division (B) of that section, no judge of the court	41
other than the judge of the division shall hear or determine any	42
action over which the division has jurisdiction. In all such	43
prosecutions and cases, the court shall proceed to a final	44
determination of the prosecution or case.	45

(2) A judge of a municipal court does not have the authority	46
to dismiss a criminal complaint, charge, information, or	47
indictment solely at the request of the complaining witness and	48
over the objection of the prosecuting attorney, village solicitor,	49
city director of law, or other chief legal officer who is	50
responsible for the prosecution of the case.	51

(B) The municipal court has jurisdiction to hear felony cases	52
committed within its territory. In all felony cases, the court may	53
conduct preliminary hearings and other necessary hearings prior to	54
the indictment of the defendant or prior to the court's finding	55
that there is probable and reasonable cause to hold or recognize	56
the defendant to appear before a court of common pleas and may	57
discharge, recognize, or commit the defendant.	58

(C)(1) A municipal court has jurisdiction ofover an appeal	59
from a judgment or default judgment entered pursuant to Chapter	60
4521. of the Revised Code, as authorized by division (D) of	61
section 4521.08 of the Revised Code. The appeal shall be placed on	62
the regular docket of the court and shall be determined by a judge	63
of the court.	64

(2) A municipal court has jurisdiction over an appeal of a	65
written decision rendered by a hearing officer under section	66
4511.099 of the Revised Code.	67

Sec. 4511.093.        Sec. 4511.043. (A)(1) No law enforcement officer who	68
stops the operator of a motor vehicle in the course of an	69
authorized sobriety or other motor vehicle checkpoint operation or	70
a motor vehicle safety inspection shall issue a ticket, citation,	71
or summons for a secondary traffic offense unless in the course of	72
the checkpoint operation or safety inspection the officer first	73
determines that an offense other than a secondary traffic offense	74
has occurred and either places the operator or a vehicle occupant	75
under arrest or issues a ticket, citation, or summons to the	76
operator or a vehicle occupant for an offense other than a	77
secondary offense.	78

(2) A law enforcement agency that operates a motor vehicle	79
checkpoint for an express purpose related to a secondary traffic	80
offense shall not issue a ticket, citation, or summons for any	81
secondary traffic offense at such a checkpoint, but may use such a	82
checkpoint operation to conduct a public awareness campaign and	83
distribute information.	84

(B) As used in this section, "secondary traffic offense"	85
means a violation of division (A) or (F)(2) of section 4507.05,	86
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A)	87
of section 4511.204, division (C) or (D) of section 4511.81,	88
division (A)(3) of section 4513.03, or division (B) of section	89
4513.263 of the Revised Code.	90

Sec. 4511.092.  As used in sections 4511.092 to 4511.0912 of	91
the Revised Code:	92

(A) "Designated party" means the person whom the registered	93
owner of a motor vehicle, upon receipt of a ticket based upon	94
images recorded by a traffic law photo-monitoring device that	95
indicate a traffic law violation, identifies as the person who was	96
operating the vehicle of the registered owner at the time of the	97
violation.	98

(B) "Hearing officer" means any person appointed by the	99
mayor, board of county commissioners, or board of township	100
trustees of a local authority, as applicable, to conduct	101
administrative hearings on violations recorded by traffic law	102
photo-monitoring devices, other than a person who is employed by a	103
law enforcement agency as defined in section 109.573 of the	104
Revised Code.	105

(C) "Law enforcement officer" means any law enforcement	106
officer employed by a law enforcement agency of a local authority.	107

(D) "Local authority" means a municipal corporation, county,	108
or township.	109

(E) "Motor vehicle leasing dealer" has the same meaning as in	110
section 4517.01 of the Revised Code.	111

(F) "Motor vehicle renting dealer" has the same meaning as in	112
section 4549.65 of the Revised Code.	113

(G) "Recorded images" means any of the following images	114
recorded by a traffic law photo-monitoring device that show, on at	115
least one image or on a portion of the videotape, the rear of a	116
motor vehicle and the letters and numerals on the rear license	117
plate of the vehicle:	118

(1) Two or more photographs, microphotographs, electronic	119
images, or digital images;	120

(2) Videotape.

121

(H) "Registered owner" means all of the following:

122

(1) Any person or entity identified by the bureau of motor	123
vehicles or any other state motor vehicle registration bureau,	124
department, or office as the owner of a motor vehicle;	125

(2) The lessee of a motor vehicle under a lease of six months	126
or longer;	127

(3) The renter of a motor vehicle pursuant to a written	128
rental agreement with a motor vehicle renting dealer.	129

(I) "System location" means the approach to an intersection	130
or area of roadway toward which a traffic law photo-monitoring	131
device is directed and is in operation.	132

(J) "Ticket" means any traffic ticket, citation, summons, or	133
other ticket issued in response to an alleged traffic law	134
violation detected by a traffic law photo-monitoring device, that	135
represents a civil violation.	136

(K) "Traffic law photo-monitoring device" means an electronic	137
system consisting of a photographic, video, or electronic camera	138
and a means of sensing the presence of a motor vehicle that	139
automatically produces recorded images.	140

(L) "Traffic law violation" means either of the following:

141

(1) A violation of section 4511.12 of the Revised Code based	142
on the failure to comply with section 4511.13 of the Revised Code	143
or a substantially equivalent municipal ordinance that occurs at	144
an intersection due to failure to obey a traffic control signal;	145

(2) A violation of section 4511.21 or 4511.211 of the Revised	146
Code or a substantially equivalent municipal ordinance due to	147
failure to observe the applicable speed limit.	148

Sec. 4511.093. (A) A local authority may utilize a traffic	149
law photo-monitoring device for the purpose of detecting traffic	150
law violations. If the local authority is a county or township,	151
the board of county commissioners or the board of township	152
trustees may adopt such resolutions as may be necessary to enable	153
the county or township to utilize traffic law photo-monitoring	154
devices.	155

(B) The use of a traffic law photo-monitoring device is	156
subject to the following conditions:	157

(1) A local authority shall use a traffic law	158
photo-monitoring device to detect and enforce traffic law	159
violations only if a law enforcement officer is present at the	160
location of the device at all times during the operation of the	161
device and if the local authority complies with sections 4511.094	162
and 4511.095 of the Revised Code.	163

(2) A law enforcement officer who is present at the location	164
of any traffic law photo-monitoring device and who personally	165
witnesses a traffic law violation may issue a ticket for the	166
violation. Such a ticket shall be issued in accordance with	167
section 2935.25 of the Revised Code and is not subject to sections	168
4511.096 to 4511.0910 and section 4511.912 of the Revised Code.	169

(3) If a traffic law photo-monitoring device records a	170
traffic law violation and the law enforcement officer who was	171
present at the location of the traffic law photo-monitoring device	172
does not issue a ticket as provided under division (B)(2) of this	173
section, the local authority may issue a ticket in accordance with	174
sections 4511.096 to 4511.0912 of the Revised Code.	175

Sec. 4511.094. (A) As used in this section:

176

(1) "Local authority" means a municipal corporation, county,	177
or township.	178

(2) "Traffic law photo-monitoring device" means an electronic	179
system consisting of a photographic, video, or electronic camera	180
and a means of sensing the presence of a motor vehicle that	181
automatically produces photographs, videotape, or digital images	182
of the vehicle or its license plate.	183

(B)(1) No local authority shall use traffic law	184
photo-monitoring devices to detect or enforce any traffic law	185
violation until after it has erecteddone both of the following:	186

(1) Erected signs on every highway that is not a freeway that	187
is part of the state highway system and that enters that local	188
authority. The signs shall informinforming inbound traffic that	189
the local authority utilizes traffic law photo-monitoring devices	190
to enforce traffic laws. The;	191

(2) Beginning on the effective date of this amendment,	192
erected signs at each fixed system location informing motorists	193
that a traffic law photo-monitoring device is present at the	194
location.	195

The local authority shall erect the signs shall be erected	196
within the first three hundred feet of the boundary of the local	197
authority or, ifwithin three hundred feet of the fixed system	198
location, as applicable. If the signs cannot be located within the	199
first three hundred feet of the boundary of the local authority or	200
within three hundred feet of the fixed system location, the local	201
authority shall erect the signs as close to that distance as	202
possible, provided that if. If a particular highway enters and	203
exits the territory of a local authority multiple times, the local	204
authority shall erect the signs as required by this division	205
(A)(1) of this section at the locations in each direction of	206
travel where inbound traffic on the highway first enters the	207
territory of the local authority and is not required to erect	208
additional signs along such highway each time the highway reenters	209
the territory of the local authority. The local authority is	210
responsible for all costs associated with the erection,	211
maintenance, and replacement, if necessary, of the signs. AllThe	212
local authority shall ensure that all signs erected under this	213
division shall conform in size, color, location, and content to	214
standards contained in the manual adopted by the department of	215
transportation pursuant to section 4511.09 of the Revised Code and	216
shall remain in place for as long as the local authority utilizes	217
traffic law photo-monitoring devices to enforce any traffic law.	218
Any	219

(B) A ticket, citation, or summons issued by or on behalf of	220
the local authority for any traffic law violation based upon	221
evidence gatheredrecorded by a traffic law photo-monitoring	222
device after the effective date of this sectionis invalid under	223
the following circumstances:	224

(1) If the ticket was issued after March 12, 2009, but before	225
the signs have beenrequired under division (A)(1) of this section	226
were erected is invalid; provided that no ticket, citation, or	227
summons is invalid if the;	228

(2) If the ticket was issued after the effective date of this	229
amendment but before the signs required under division (A)(2) of	230
this section were erected.	231

However, if a local authority is in substantial compliance	232
with the requirementrequirements of this division to erect the	233
signs(A)(1) or (2) of this section, as applicable, a ticket	234
issued by the local authority under sections 4511.096 to 4511.0912	235
of the Revised Code is valid.	236

(2)(C) A local authority is deemed to be in substantial	237
compliance with the requirement of division (B)(A)(1) or (2) of	238
this section, as applicable, to erect the advisory signs if the	239
authority does both of the following:	240

(a)(1) First erects all signs as required by division	241
(B)(1)(A)(1) or (2) of this section, as applicable, and	242
subsequently maintains and replaces the signs as needed so that at	243
all times at least ninety per cent of the required signs are in	244
place and functional;	245

(b)(2) Annually documents and upon request certifies its	246
compliance with division (B)(2)(a)(C)(1) of this section.	247

(C)(D) A local authority that uses traffic law	248
photo-monitoring devices to detect or enforce any traffic law	249
violation at an intersection where traffic is controlled by	250
traffic control signals that exhibit different colored lights or	251
colored lighted arrows shall time the operation of the yellow	252
lights and yellow arrows of those traffic control signals so that	253
the steady yellow indication exceeds by one second the minimum	254
duration for yellow indicators at similar intersections as	255
established by the provisions of the manual adopted by the	256
department of transportation under section 4511.09 of the Revised	257
Code.	258

Sec. 4511.095. (A) Prior to deploying any traffic law	259
photo-monitoring device, a local authority shall do all of the	260
following:	261

(1) Conduct a safety study of intersections or locations	262
under consideration for placement of fixed traffic law	263
photo-monitoring devices. The study shall include an accounting of	264
incidents that have occurred in the designated area over the	265
previous three-year period and shall be made available to the	266
public upon request.	267

(2) Conduct a public information campaign to inform motor	268
vehicle operators about the use of traffic law photo-monitoring	269
devices at system locations prior to establishing any of those	270
locations;	271

(3) Publish at least one notice in a local newspaper of	272
general circulation that announces the local authority's intent to	273
utilize traffic law photo-monitoring devices, the locations of	274
those devices, if known, and the date on which the first traffic	275
law photo-monitoring device will be operational;	276

(4) Refrain from levying any civil fines on any person found	277
to have committed a traffic law violation based upon evidence	278
gathered by a fixed location traffic law photo-monitoring device	279
until the local authority observes a public awareness warning	280
period of not less than thirty days prior to the first issuance of	281
any ticket based upon images recorded by the device. During the	282
warning period, the local authority shall take reasonable measures	283
to inform the public of the location of the device and the date on	284
which tickets will be issued for traffic law violations based upon	285
evidence gathered by the device. A warning notice may be sent to	286
violators during the public awareness warning period.	287

(B)(1) A local authority that deploys its first traffic law	288
photo-monitoring device after the effective date of this section	289
shall do so only after complying with division (A) of this	290
section. If such a local authority thereafter wishes to deploy an	291
additional traffic law photo-monitoring device, the local	292
authority shall comply with that division prior to deploying the	293
additional device.	294

A local authority that is operating or has operated on its	295
behalf a traffic law photo-monitoring device on the effective date	296
of this section may continue to operate the device after that date	297
without the need to comply with division (A) of this section.	298
However, if such a local authority wishes to deploy an additional	299
traffic law photo-monitoring device after the effective date of	300
this section, the local authority shall comply with division (A)	301
of this section prior to deploying the additional device.	302

(2) All tickets that result from evidence recorded by a	303
traffic law photo-monitoring device and that are issued prior to	304
the effective date of this section by or on behalf of a local	305
authority may be processed and adjudicated in accordance with the	306
rules and procedures that were in effect for such tickets prior to	307
the effective date of this section. On and after the effective	308
date of this section, no ticket for a traffic law violation that	309
is based upon evidence recorded by a traffic law photo-monitoring	310
device shall be processed and adjudicated in any manner other than	311
in accordance with sections 4511.096 to 4511.0912 of the Revised	312
Code.	313

Sec. 4511.096.  (A) A law enforcement officer employed by a	314
local authority utilizing a traffic law photo-monitoring device	315
shall examine evidence of alleged traffic law violations recorded	316
by the device to determine whether such a violation has occurred.	317
If the image recorded by the traffic law photo-monitoring device	318
shows such a violation, contains the date and time of the	319
violation, and shows the letter and numerals on the license plate	320
of the vehicle involved as well as the state that issued the	321
license plate, the officer may use any lawful means to identify	322
the registered owner.	323

(B) The fact that a person or entity is the registered owner	324
of a motor vehicle is prima facie evidence that that person or	325
entity is the person who was operating the vehicle at the time of	326
the traffic law violation.	327

(C) Within thirty days of the traffic law violation, the	328
local authority or its designee may issue and send by regular mail	329
a ticket charging the registered owner with the violation. The	330
ticket shall comply with section 4511.097 of the Revised Code.	331

(D) A certified copy of the ticket alleging a traffic law	332
violation, sworn to or affirmed by a law enforcement officer	333
employed by the local authority, including by electronic means,	334
and the recorded images produced by the traffic law	335
photo-monitoring device, is prima facie evidence of the facts	336
contained therein and is admissible in a proceeding for review of	337
the ticket issued under this section.	338

Sec. 4511.097.  (A) A traffic law violation for which a	339
ticket is issued by a local authority pursuant to division (B)(3)	340
of section 4511.093 of the Revised Code is a civil violation. If a	341
local authority issues a ticket for such a violation, the ticket	342
shall comply with the requirements of this section.	343

(B) A local authority or its designee shall process such a	344
ticket for a civil violation and shall send the ticket by ordinary	345
mail to any registered owner of the motor vehicle that is the	346
subject of the traffic law violation. The local authority or	347
designee shall ensure that the ticket contains all of the	348
following:	349

(1) The name and address of the registered owner;

350

(2) The letters and numerals appearing on the license plate	351
issued to the motor vehicle;	352

(3) The traffic law violation charged;

353

(4) The system location;

354

(5) The date and time of the violation;

355

(6) A copy of the recorded images;

356

(7) The name and badge number of the law enforcement officer	357
who was present at the system location at the time of the	358
violation;	359

(8) The amount of the civil penalty imposed, the date by	360
which the civil penalty is required to be paid, and the address to	361
which the payment is to be sent;	362

(9) A statement signed by a law enforcement officer employed	363
by the local authority indicating that, based on an inspection of	364
recorded images, the motor vehicle was involved in a traffic law	365
violation, and a statement indicating that the recorded images are	366
prima facie evidence of that traffic law violation both of which	367
may be signed electronically;	368

(10) Information advising the person or entity alleged to be	369
liable of the options prescribed in section 4511.098 of the	370
Revised Code, specifically to include the time, place, and manner	371
in which an administrative appeal may be initiated and the	372
procedure for disclaiming liability by submitting an affidavit as	373
prescribed in that section;	374

(11) A warning that failure to exercise one of the options	375
prescribed in section 4511.098 of the Revised Code is deemed to be	376
an admission of liability and waiver of the opportunity to contest	377
the violation.	378

(C) A local authority or its designee shall send a ticket not	379
later than thirty days after the date of the alleged traffic law	380
violation.	381

(D) The local authority or its designee may elect to send by	382
ordinary mail a warning notice in lieu of a ticket under this	383
section.	384

Sec. 4511.098. (A) A person or entity who receives a ticket	385
for a civil violation sent in compliance with section 4511.097 of	386
the Revised Code shall elect to do one of the following:	387

(1) In accordance with instructions on the ticket, pay the	388
civil penalty, thereby admitting liability and waiving the	389
opportunity to contest the violation;	390

(2)(a) Within thirty days after receipt of the ticket,	391
provide the law enforcement agency of the local authority with	392
either of the following affidavits:	393

(i) An affidavit executed by the registered owner stating	394
that another person was operating the vehicle of the registered	395
owner at the time of the violation, identifying that person as a	396
designated party who may be held liable for the violation, and	397
containing at a minimum the name and address of the designated	398
party;	399

(ii) An affidavit executed by the registered owner stating	400
that at the time of the violation, the motor vehicle or the	401
license plates issued to the motor vehicle were stolen and	402
therefore were in the care, custody, or control of some person or	403
entity to whom the registered owner did not grant permission to	404
use the motor vehicle. In order to demonstrate that the motor	405
vehicle or the license plates were stolen prior to the traffic law	406
violation and therefore were not under the control or possession	407
of the registered owner at the time of the violation, the	408
registered owner shall submit proof that a report about the stolen	409
motor vehicle or license plates was filed with the appropriate law	410
enforcement agency prior to the violation or within forty-eight	411
hours after the violation occurred.	412

(b) A registered owner is not responsible for a traffic law	413
violation if, within thirty days after the date of mailing of the	414
ticket, the registered owner furnishes an affidavit specified in	415
division (A)(2)(a)(i) or (ii) of this section to the local	416
authority in a form established by the local authority and the	417
following conditions are met:	418

(i) If the registered owner submits an affidavit as specified	419
in division (A)(2)(a)(i) of this section, the designated party	420
either accepts liability for the violation by paying the civil	421
penalty or failing to request an administrative hearing within	422
thirty days or is determined liable in an administrative hearing;	423

(ii) If the registered owner submits an affidavit as	424
specified in division (A)(2)(a)(ii) of this section, the affidavit	425
is supported by a stolen vehicle or stolen license plate report as	426
required in that division.	427

(3) If the registered owner is a motor vehicle leasing dealer	428
or a motor vehicle renting dealer, notify the law enforcement	429
agency of the local authority of the name and address of the	430
lessee or renter of the motor vehicle at the time of the traffic	431
law violation. A motor vehicle leasing dealer or motor vehicle	432
renting dealer who receives a ticket for an alleged traffic law	433
violation detected by a traffic law photo-monitoring device is not	434
liable for a ticket issued for a motor vehicle that was in the	435
care, custody, or control of a lessee or renter at the time of the	436
alleged violation. The dealer shall not pay such a ticket and	437
subsequently attempt to collect a fee or assess the lessee or	438
renter a charge for any payment of such a ticket made on behalf of	439
the lessee or renter.	440

(4) If the vehicle involved in the traffic law violation is a	441
commercial motor vehicle and the ticket is issued to a corporate	442
entity, provide to the law enforcement agency of the local	443
authority an affidavit, sworn to or affirmed by an agent of the	444
corporate entity, that provides the name and address of the	445
employee who was operating the motor vehicle at the time of the	446
alleged violation and who is the designated party.	447

(5) Contest the ticket by filing a written request for an	448
administrative hearing to review the ticket. The person or entity	449
shall file the written request not later than thirty days after	450
receipt of the ticket. The failure to request a hearing within	451
this time period constitutes a waiver of the right to contest the	452
violation and ticket, and is deemed to constitute an admission of	453
liability and waiver of the opportunity to contest the violation.	454

(B) A local authority that receives an affidavit described in	455
division (A)(2)(a)(i) or (A)(4) of this section or a notification	456
under division (A)(3) of this section from a registered owner may	457
proceed to send a ticket that conforms with division (B) of	458
section 4511.097 of the Revised Code to the designated party. The	459
local authority shall send the ticket to the designated party by	460
ordinary mail not later than twenty-one days after receipt of the	461
affidavit or notification.	462

Sec. 4511.099. (A) When a person or entity named in a ticket	463
for a civil violation under division (A) of section 4511.097 of	464
the Revised Code elects to contest the ticket and completes the	465
requirements prescribed in division (A)(5) of section 4511.098 of	466
the Revised Code in a timely manner, all of the following apply:	467

(1) A hearing officer appointed by the local authority shall	468
hear the case. The hearing officer shall conduct a hearing not	469
sooner than twenty-one but not later than forty-five days after	470
the filing of a written request for the hearing. The hearing	471
officer may extend the time period by which a hearing must be	472
conducted upon a request for additional time by the person or	473
entity who requested the hearing.	474

(2) The hearing officer shall ensure that the hearing is open	475
to the public. The hearing officer shall post a docket in a	476
conspicuous place near the entrance to the hearing room. The	477
hearing officer shall identify on the docket, by respondent, the	478
hearings scheduled for that day and the time of each hearing. The	479
hearing officer may schedule multiple hearings for the same time	480
to allow for occurrences such as nonappearances or admissions of	481
liability.	482

(3) The person who requested the administrative hearing or a	483
representative of the entity that requested the hearing shall	484
appear for the hearing and may present evidence at the hearing.	485

(4) The hearing officer shall determine whether a	486
preponderance of the evidence establishes that the violation	487
alleged in the ticket did in fact occur and that the person or	488
entity requesting the review is the person who was operating the	489
vehicle at the time of the violation.	490

(B)(1) If the hearing officer finds by a preponderance of the	491
evidence that the alleged traffic law violation did in fact occur	492
and that the person or entity named in the ticket is the person	493
who was operating the vehicle at the time of the violation, the	494
hearing officer shall issue a written decision imposing liability	495
for the violation upon the individual or entity and submit it to	496
the local authority or its designee and the person or entity named	497
in the ticket.	498

(2) If the hearing officer finds by a preponderance of the	499
evidence that the alleged traffic law violation did not occur or	500
did in fact occur but the person or entity named in the ticket is	501
not the person who was operating the vehicle at the time of the	502
violation, the hearing officer shall issue a written decision	503
finding that the individual or entity is not liable for the	504
violation and submit it to the local authority or its designee and	505
the person or entity named in the ticket.	506

(3) If the person who requested the administrative hearing or	507
a representative of the entity that requested the hearing fails to	508
appear at the hearing, the hearing officer shall determine that	509
the person or entity is liable for the violation. In such a case,	510
the hearing officer shall issue a written decision imposing	511
liability for the violation upon the individual or entity and	512
submit it to the local authority or its designee and the person or	513
entity named in the ticket.	514

(4) The hearing officer shall render a decision on the day a	515
hearing takes place.	516

(C)(1) In determining whether the person or entity named in	517
the ticket is liable, the hearing officer may consider any of the	518
following as an affirmative defense to a traffic law violation:	519

(a) That the vehicle passed through the intersection in order	520
to yield the right-of-way to either of the following:	521

(i) A public safety vehicle or coroner's vehicle in	522
accordance with section 4511.45 of the Revised Code or a	523
substantially equivalent municipal ordinance;	524

(ii) A funeral procession in accordance with section 4511.451	525
of the Revised Code or a substantially equivalent municipal	526
ordinance.	527

(b) That the motor vehicle or license plates of the motor	528
vehicle were stolen prior to the occurrence of the violation and	529
were not under the control or possession of the registered owner	530
at the time of the violation. In order to demonstrate that the	531
motor vehicle or license plates were stolen prior to the	532
occurrence of the violation and were not under the control or	533
possession of the registered owner at the time of the violation,	534
the registered owner shall submit proof that a report about the	535
stolen motor vehicle or license plates was filed with the	536
appropriate law enforcement agency prior to the traffic law	537
violation or within forty-eight hours after the traffic law	538
violation occurred.	539

(c) At the time and place of the alleged traffic law	540
violation, the traffic control signal was not operating properly	541
or the traffic law photo-monitoring device was not in proper	542
position and the recorded image is not of sufficient legibility to	543
enable an accurate determination of the information necessary to	544
impose liability.	545

(d) That the registered owner or person or entity named in	546
the ticket was not the person operating the motor vehicle at the	547
time of the violation. In order to meet the evidentiary burden	548
imposed under division (C)(1)(d) of this section, the registered	549
owner or person or entity named in the ticket shall provide to the	550
hearing officer the identity of the designated party, that	551
person's name and current address, and any other evidence that the	552
hearing officer determines to be pertinent.	553

(2) A hearing officer also may consider the totality of the	554
circumstances when determining whether to impose liability upon	555
the person or entity named in the ticket.	556

(D)(1) If the hearing officer finds that the person or entity	557
named in the ticket was not the person who was operating the	558
vehicle at the time of the violation or receives evidence	559
identifying the designated party, the hearing officer shall	560
provide to the local authority or its designee, within five days	561
of the hearing, a copy of any evidence substantiating the identity	562
of the designated party.	563

(2) Upon receipt of evidence of the identity of the	564
designated party, the local authority or its designee may issue a	565
ticket to the designated party.	566

A local authority shall ensure that a ticket issued under	567
division (D)(2) of this section conforms with division (B) of	568
section 4511.097 of the Revised Code. The local authority shall	569
send the ticket by ordinary mail not later than twenty-one days	570
after receipt of the evidence from the hearing officer or the	571
registered owner of the identity of the designated party.	572

(E) If a designated party who is issued a ticket under	573
division (D)(2) of this section or division (B) of section	574
4511.098 of the Revised Code contests the ticket by filing a	575
written request for an administrative hearing to review the ticket	576
not later than thirty days after receipt of the ticket, the local	577
authority shall require the registered owner of the motor vehicle	578
also to attend the hearing. If at the hearing involving the	579
designated party the hearing officer cannot determine the identity	580
of the operator of the vehicle at the time of the violation, the	581
registered owner is liable for the violation. The hearing officer	582
then shall issue a written decision imposing liability for the	583
violation on the registered owner and submit it to the local	584
authority or its designee and to the registered owner. If the	585
designated party also is a registered owner of the vehicle,	586
liability for the violation shall follow the order of registered	587
owners as listed on the title to the vehicle.	588

(F) A person or entity may appeal a written decision rendered	589
by a hearing officer under this section to the municipal court	590
with jurisdiction over the location where the violation occurred.	591

Sec. 4511.0910.  A traffic law violation for which a civil	592
penalty is imposed under sections 4511.097 to 4511.099 of the	593
Revised Code is not a moving violation and points shall not be	594
assessed against a person's driver's license under section	595
4510.036 of the Revised Code. In no case shall such a violation be	596
reported to the bureau of motor vehicles or motor vehicle	597
registration bureau, department, or office of any other state, nor	598
shall such a violation be recorded on the driving record of the	599
owner or operator of the vehicle involved in the violation.	600

Sec. 4511.0911.  (A) Upon request, each manufacturer of a	601
traffic law photo-monitoring device shall provide to a local	602
authority utilizing its devices the maintenance record of any such	603
device used in that local authority.	604

(B)(1) Commencing January 2015, not later than the last day	605
of January of each year, the manufacturer of a traffic law	606
photo-monitoring device shall provide to the applicable local	607
authority a certificate of proper operation that attests to the	608
accuracy of the device in recording a traffic law violation.	609

(2) In addition to the requirement prescribed in division	610
(B)(1) of this section, for every such device that is considered	611
mobile, meaning it is attached to a trailer, vehicle, or other	612
wheeled apparatus so that it is easily moved to different system	613
locations, both of the following apply:	614

(a) Each local authority shall test the accuracy of each such	615
device with an independent, certified speed measuring device or	616
some other commonly accepted method prior to its use at each	617
system location.	618

(b) Each local authority shall clearly and conspicuously mark	619
on the outside of the trailer, vehicle, or wheeled apparatus that	620
contains the traffic law photo-monitoring device that the device	621
is contained therein and that the trailer, vehicle, or wheeled	622
apparatus is the property of the local authority.	623

(C) In the case of a traffic law photo-monitoring device that	624
is used at an intersection to detect violations of section 4511.12	625
of the Revised Code based on the failure to comply with section	626
4511.13 of the Revised Code or a substantially equivalent	627
municipal ordinance, the local authority shall not issue a ticket	628
for a violation based upon evidence recorded by a traffic law	629
photo-monitoring device when a vehicle makes a legal right or left	630
turn-on-red-signal if all of the following apply:	631

(1) The vehicle can make the turn safely.

632

(2) The vehicle comes to a complete stop at any point prior	633
to completing the turn.	634

(3) No pedestrians are in the crosswalk, or are about to	635
enter the crosswalk, of any approach to the intersection the	636
vehicle occupies while commencing or making the turn.	637

Sec. 4511.0912.  A local authority shall not issue a ticket	638
for a violation of section 4511.21 or 4511.211 of the Revised Code	639
or a substantially equivalent municipal ordinance due to failure	640
to observe the applicable speed limit based upon evidence recorded	641
by a traffic law photo-monitoring device unless one of the	642
following applies:	643

(A) For a system location that is located within a school	644
zone or within the boundaries of a state or local park or	645
recreation area, the vehicle involved in the violation is	646
traveling at a speed that exceeds the posted speed limit by not	647
less than six miles per hour.	648

(B) For a system location that is located at any other	649
location, the vehicle involved in the violation is traveling at a	650
speed that exceeds the posted speed limit by not less than ten	651
miles per hour.	652

Sec. 4511.0913.  Sections 4511.092 to 4511.0912 of the	653
Revised Code do not apply to the use of a traffic law	654
photo-monitoring device that is placed on a school bus for the	655
purpose of detecting violations of section 4511.75 of the Revised	656
Code or a substantially equivalent municipal ordinance.	657

Section 2.  That existing sections 1901.20, 4511.093, and	658
4511.094 and section 4511.092 of the Revised Code are hereby	659
repealed.	660