|
|
To amend sections 1901.20, 1907.02, 4511.094, and | 1 |
4511.204; to amend, for the purpose of adopting a | 2 |
new section number as indicated in parentheses, | 3 |
section 4511.093 (4511.043); to enact sections | 4 |
3937.411, 4511.095, 4511.096, 4511.097, 4511.098, | 5 |
4511.099, 4511.0910, 4511.0911, 4511.0912, | 6 |
4511.0913, and 4511.0914; to enact new sections | 7 |
4511.092 and 4511.093; and to repeal section | 8 |
4511.092 of the Revised Code to establish | 9 |
conditions for the use by local authorities of | 10 |
traffic law photo-monitoring devices to detect | 11 |
certain traffic law violations and to require the | 12 |
Department of Public Safety to issue a report on | 13 |
texting while driving citations. | 14 |
Section 1. That sections 1901.20, 1907.02, 4511.094, and | 15 |
4511.204 be amended, section 4511.093 (4511.043) be amended for | 16 |
the purpose of adopting a new section number as indicated in | 17 |
parentheses, and sections 3937.411, 4511.095, 4511.096, 4511.097, | 18 |
4511.098, 4511.099, 4511.0910, 4511.0911, 4511.0912, 4511.0913, | 19 |
and 4511.0914 and new sections 4511.092 and 4511.093 of the | 20 |
Revised Code be enacted to read as follows: | 21 |
Sec. 1901.20. (A)(1) The municipal court has jurisdiction | 22 |
to hear misdemeanor cases committed within its territory and has | 23 |
jurisdiction over the violation of any ordinance of any municipal | 24 |
corporation within its territory, unless the violation is a civil | 25 |
violation based upon evidence recorded by a traffic law | 26 |
photo-monitoring device and issued pursuant to division (B)(3) of | 27 |
section 4511.093 of the Revised Code or the violation is required | 28 |
to be handled by a parking violations bureau or joint parking | 29 |
violations bureau pursuant to Chapter 4521. of the Revised Code | 30 |
31 | |
32 | |
jurisdiction | 33 |
standing resolution or regulation if a local authority, as defined | 34 |
in division (D) of section 4521.01 of the Revised Code, has | 35 |
specified that it is not to be considered a criminal offense, if | 36 |
the violation is committed within the limits of the court's | 37 |
territory, and if the violation is not required to be handled by a | 38 |
parking violations bureau or joint parking violations bureau | 39 |
pursuant to Chapter 4521. of the Revised Code.
| 40 |
The municipal court, if it has a housing or environmental | 41 |
division, has jurisdiction | 42 |
the housing or environmental division is given jurisdiction by | 43 |
section 1901.181 of the Revised Code, provided that, except as | 44 |
specified in division (B) of that section, no judge of the court | 45 |
other than the judge of the division shall hear or determine any | 46 |
action over which the division has jurisdiction. In all such | 47 |
prosecutions and cases, the court shall proceed to a final | 48 |
determination of the prosecution or case. | 49 |
(2) A judge of a municipal court does not have the authority | 50 |
to dismiss a criminal complaint, charge, information, or | 51 |
indictment solely at the request of the complaining witness and | 52 |
over the objection of the prosecuting attorney, village solicitor, | 53 |
city director of law, or other chief legal officer who is | 54 |
responsible for the prosecution of the case. | 55 |
(B) The municipal court has jurisdiction to hear felony cases | 56 |
committed within its territory. In all felony cases, the court may | 57 |
conduct preliminary hearings and other necessary hearings prior to | 58 |
the indictment of the defendant or prior to the court's finding | 59 |
that there is probable and reasonable cause to hold or recognize | 60 |
the defendant to appear before a court of common pleas and may | 61 |
discharge, recognize, or commit the defendant. | 62 |
(C)(1) A municipal court has jurisdiction | 63 |
from a judgment or default judgment entered pursuant to Chapter | 64 |
4521. of the Revised Code, as authorized by division (D) of | 65 |
section 4521.08 of the Revised Code. The appeal shall be placed on | 66 |
the regular docket of the court and shall be determined by a judge | 67 |
of the court. | 68 |
(2) A municipal court has jurisdiction over an appeal of a | 69 |
written decision rendered by a hearing officer under section | 70 |
4511.099 of the Revised Code if the hearing officer that rendered | 71 |
the decision was appointed by a local authority within the | 72 |
jurisdiction of the court. | 73 |
Sec. 1907.02. (A)(1) In addition to other jurisdiction | 74 |
granted a county court in the Revised Code, a county court has | 75 |
jurisdiction of all misdemeanor cases. A county court has | 76 |
jurisdiction to conduct preliminary hearings in felony cases, to | 77 |
bind over alleged felons to the court of common pleas, and to take | 78 |
other action in felony cases as authorized by Criminal Rule 5. | 79 |
(2) A judge of a county court does not have the authority to | 80 |
dismiss a criminal complaint, charge, information, or indictment | 81 |
solely at the request of the complaining witness and over the | 82 |
objection of the prosecuting attorney, village solicitor, city | 83 |
director of law, or other chief legal officer who is responsible | 84 |
for the prosecution of the case. | 85 |
(B) A county court has jurisdiction of the violation of a | 86 |
vehicle parking or standing ordinance, resolution, or regulation | 87 |
if a local authority, as defined in division (D) of section | 88 |
4521.01 of the Revised Code, has specified that it is not to be | 89 |
considered a criminal offense, if the violation is committed | 90 |
within the limits of the court's territory, and if the violation | 91 |
is not required to be handled by a parking violations bureau or | 92 |
joint parking violations bureau pursuant to Chapter 4521. of the | 93 |
Revised Code. A county court does not have jurisdiction over | 94 |
violations of ordinances, resolutions, or regulations that are | 95 |
required to be handled by a parking violations bureau or joint | 96 |
parking violations bureau pursuant to that chapter. | 97 |
A county court also has jurisdiction of an appeal from a | 98 |
judgment or default judgment entered pursuant to Chapter 4521. of | 99 |
the Revised Code, as authorized by division (D) of section 4521.08 | 100 |
of the Revised Code. Any such appeal shall be placed on the | 101 |
regular docket of the court and shall be determined by a judge of | 102 |
the court. | 103 |
(C) A county court has jurisdiction over an appeal of a | 104 |
written decision rendered by a hearing officer under section | 105 |
4511.099 of the Revised Code if the hearing officer that rendered | 106 |
the decision was appointed by a local authority within the | 107 |
jurisdiction of the court. | 108 |
Sec. 3937.411. No insurer shall consider the issuance of a | 109 |
ticket for a civil violation under section 4511.097 of the Revised | 110 |
Code to an applicant or policyholder, or an admission or finding | 111 |
of liability related to such a ticket, as a basis for doing either | 112 |
of the following: | 113 |
(A) Refusing to issue or deliver a policy of insurance upon a | 114 |
private automobile or increasing the rate to be charged for such a | 115 |
policy; | 116 |
(B) Increasing the premium rate, canceling, or failing to | 117 |
renew an existing policy of insurance upon a private automobile. | 118 |
| 119 |
stops the operator of a motor vehicle in the course of an | 120 |
authorized sobriety or other motor vehicle checkpoint operation or | 121 |
a motor vehicle safety inspection shall issue a ticket, citation, | 122 |
or summons for a secondary traffic offense unless in the course of | 123 |
the checkpoint operation or safety inspection the officer first | 124 |
determines that an offense other than a secondary traffic offense | 125 |
has occurred and either places the operator or a vehicle occupant | 126 |
under arrest or issues a ticket, citation, or summons to the | 127 |
operator or a vehicle occupant for an offense other than a | 128 |
secondary offense. | 129 |
(2) A law enforcement agency that operates a motor vehicle | 130 |
checkpoint for an express purpose related to a secondary traffic | 131 |
offense shall not issue a ticket, citation, or summons for any | 132 |
secondary traffic offense at such a checkpoint, but may use such a | 133 |
checkpoint operation to conduct a public awareness campaign and | 134 |
distribute information. | 135 |
(B) As used in this section, "secondary traffic offense" | 136 |
means a violation of division (A) or (F)(2) of section 4507.05, | 137 |
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A) | 138 |
of section 4511.204, division (C) or (D) of section 4511.81, | 139 |
division (A)(3) of section 4513.03, or division (B) of section | 140 |
4513.263 of the Revised Code. | 141 |
Sec. 4511.092. As used in sections 4511.092 to 4511.0914 of | 142 |
the Revised Code: | 143 |
(A) "Designated party" means the person whom the registered | 144 |
owner of a motor vehicle, upon receipt of a ticket based upon | 145 |
images recorded by a traffic law photo-monitoring device that | 146 |
indicate a traffic law violation, identifies as the person who was | 147 |
operating the vehicle of the registered owner at the time of the | 148 |
violation. | 149 |
(B) "Hearing officer" means any person appointed by the | 150 |
mayor, board of county commissioners, or board of township | 151 |
trustees of a local authority, as applicable, to conduct | 152 |
administrative hearings on violations recorded by traffic law | 153 |
photo-monitoring devices, other than a person who is employed by a | 154 |
law enforcement agency as defined in section 109.573 of the | 155 |
Revised Code. | 156 |
(C) "Law enforcement officer" means a sheriff, deputy | 157 |
sheriff, marshal, deputy marshal, police officer of a police | 158 |
department of any municipal corporation, police constable of any | 159 |
township, or police officer of a township or joint police | 160 |
district, who is employed on a permanent, full-time basis by the | 161 |
law enforcement agency of a local authority that assigns such | 162 |
person to the location of a traffic law photo-monitoring device. | 163 |
(D) "Local authority" means a municipal corporation, county, | 164 |
or township. | 165 |
(E) "Motor vehicle leasing dealer" has the same meaning as in | 166 |
section 4517.01 of the Revised Code. | 167 |
(F) "Motor vehicle renting dealer" has the same meaning as in | 168 |
section 4549.65 of the Revised Code. | 169 |
(G) "Recorded images" means any of the following images | 170 |
recorded by a traffic law photo-monitoring device that show, on at | 171 |
least one image or on a portion of the videotape, the rear of a | 172 |
motor vehicle and the letters and numerals on the rear license | 173 |
plate of the vehicle: | 174 |
(1) Two or more photographs, microphotographs, electronic | 175 |
images, or digital images; | 176 |
(2) Videotape. | 177 |
(H) "Registered owner" means all of the following: | 178 |
(1) Any person or entity identified by the bureau of motor | 179 |
vehicles or any other state motor vehicle registration bureau, | 180 |
department, or office as the owner of a motor vehicle; | 181 |
(2) The lessee of a motor vehicle under a lease of six months | 182 |
or longer; | 183 |
(3) The renter of a motor vehicle pursuant to a written | 184 |
rental agreement with a motor vehicle renting dealer. | 185 |
(I) "System location" means the approach to an intersection | 186 |
or area of roadway toward which a traffic law photo-monitoring | 187 |
device is directed and is in operation. | 188 |
(J) "Ticket" means any traffic ticket, citation, summons, or | 189 |
other ticket issued in response to an alleged traffic law | 190 |
violation detected by a traffic law photo-monitoring device, that | 191 |
represents a civil violation. | 192 |
(K) "Traffic law photo-monitoring device" means an electronic | 193 |
system consisting of a photographic, video, or electronic camera | 194 |
and a means of sensing the presence of a motor vehicle that | 195 |
automatically produces recorded images. | 196 |
(L) "Traffic law violation" means either of the following: | 197 |
(1) A violation of section 4511.12 of the Revised Code based | 198 |
on the failure to comply with section 4511.13 of the Revised Code | 199 |
or a substantially equivalent municipal ordinance that occurs at | 200 |
an intersection due to failure to obey a traffic control signal; | 201 |
(2) A violation of section 4511.21 or 4511.211 of the Revised | 202 |
Code or a substantially equivalent municipal ordinance due to | 203 |
failure to observe the applicable speed limit. | 204 |
Sec. 4511.093. (A) A local authority may utilize a traffic | 205 |
law photo-monitoring device for the purpose of detecting traffic | 206 |
law violations. If the local authority is a county or township, | 207 |
the board of county commissioners or the board of township | 208 |
trustees may adopt such resolutions as may be necessary to enable | 209 |
the county or township to utilize traffic law photo-monitoring | 210 |
devices. | 211 |
(B) The use of a traffic law photo-monitoring device is | 212 |
subject to the following conditions: | 213 |
(1) A local authority shall use a traffic law | 214 |
photo-monitoring device to detect and enforce traffic law | 215 |
violations only if a law enforcement officer is present at the | 216 |
location of the device at all times during the operation of the | 217 |
device and if the local authority complies with sections 4511.094 | 218 |
and 4511.095 of the Revised Code. | 219 |
(2) A law enforcement officer who is present at the location | 220 |
of any traffic law photo-monitoring device and who personally | 221 |
witnesses a traffic law violation may issue a ticket for the | 222 |
violation. Such a ticket shall be issued in accordance with | 223 |
section 2935.25 of the Revised Code and is not subject to sections | 224 |
4511.096 to 4511.0910 and section 4511.912 of the Revised Code. | 225 |
(3) If a traffic law photo-monitoring device records a | 226 |
traffic law violation and the law enforcement officer who was | 227 |
present at the location of the traffic law photo-monitoring device | 228 |
does not issue a ticket as provided under division (B)(2) of this | 229 |
section, the local authority may only issue a ticket in accordance | 230 |
with sections 4511.096 to 4511.0912 of the Revised Code. | 231 |
Sec. 4511.094. (A) | 232 |
| 233 |
234 |
| 235 |
236 | |
237 | |
238 | |
239 |
| 240 |
photo-monitoring devices to detect or enforce any traffic law | 241 |
violation until after it has | 242 |
(1) Erected signs on every highway that is not a freeway that | 243 |
is part of the state highway system and that enters that local | 244 |
authority | 245 |
the local authority utilizes traffic law photo-monitoring devices | 246 |
to enforce traffic laws | 247 |
(2) Beginning on the effective date of this amendment, | 248 |
erected signs at each fixed system location informing motorists | 249 |
that a traffic law photo-monitoring device is present at the | 250 |
location. | 251 |
The local authority shall erect the signs | 252 |
within the first three hundred feet of the boundary of the local | 253 |
authority or | 254 |
location, as applicable. If the signs cannot be located within the | 255 |
first three hundred feet of the boundary of the local authority or | 256 |
within three hundred feet of the fixed system location, the local | 257 |
authority shall erect the signs as close to that distance as | 258 |
possible | 259 |
exits the territory of a local authority multiple times, the local | 260 |
authority shall erect the signs as required by | 261 |
(A)(1) of this section at the locations in each direction of | 262 |
travel where inbound traffic on the highway first enters the | 263 |
territory of the local authority and is not required to erect | 264 |
additional signs along such highway each time the highway reenters | 265 |
the territory of the local authority. The local authority is | 266 |
responsible for all costs associated with the erection, | 267 |
maintenance, and replacement, if necessary, of the signs. | 268 |
local authority shall ensure that all signs erected under this | 269 |
division | 270 |
standards contained in the manual adopted by the department of | 271 |
transportation pursuant to section 4511.09 of the Revised Code and | 272 |
shall remain in place for as long as the local authority utilizes | 273 |
traffic law photo-monitoring devices to enforce any traffic law. | 274 |
275 |
(B) A ticket | 276 |
the local authority for any traffic law violation based upon | 277 |
evidence | 278 |
device | 279 |
the following circumstances: | 280 |
(1) If the ticket was issued after March 12, 2009, but before | 281 |
the signs | 282 |
were erected | 283 |
284 |
(2) If the ticket was issued after the effective date of this | 285 |
amendment but before the signs required under division (A)(2) of | 286 |
this section were erected. | 287 |
However, if a local authority is in substantial compliance | 288 |
with the | 289 |
290 | |
issued by the local authority under sections 4511.096 to 4511.0912 | 291 |
of the Revised Code is valid. | 292 |
| 293 |
compliance with the requirement of division | 294 |
this section, as applicable, to erect the advisory signs if the | 295 |
authority does both of the following: | 296 |
| 297 |
298 | |
subsequently maintains and replaces the signs as needed so that at | 299 |
all times at least ninety per cent of the required signs are in | 300 |
place and functional; | 301 |
| 302 |
compliance with division | 303 |
| 304 |
photo-monitoring devices to detect or enforce any traffic law | 305 |
violation at an intersection where traffic is controlled by | 306 |
traffic control signals that exhibit different colored lights or | 307 |
colored lighted arrows shall time the operation of the yellow | 308 |
lights and yellow arrows of those traffic control signals so that | 309 |
the steady yellow indication exceeds by one second the minimum | 310 |
duration for yellow indicators at similar intersections as | 311 |
established by the provisions of the manual adopted by the | 312 |
department of transportation under section 4511.09 of the Revised | 313 |
Code. | 314 |
Sec. 4511.095. (A) Prior to deploying any traffic law | 315 |
photo-monitoring device, a local authority shall do all of the | 316 |
following: | 317 |
(1) Conduct a safety study of intersections or locations | 318 |
under consideration for placement of fixed traffic law | 319 |
photo-monitoring devices. The study shall include an accounting of | 320 |
incidents that have occurred in the designated area over the | 321 |
previous three-year period and shall be made available to the | 322 |
public upon request. | 323 |
(2) Conduct a public information campaign to inform motor | 324 |
vehicle operators about the use of traffic law photo-monitoring | 325 |
devices at system locations prior to establishing any of those | 326 |
locations; | 327 |
(3) Publish at least one notice in a local newspaper of | 328 |
general circulation that announces the local authority's intent to | 329 |
utilize traffic law photo-monitoring devices, the locations of | 330 |
those devices, if known, and the date on which the first traffic | 331 |
law photo-monitoring device will be operational; | 332 |
(4) Refrain from levying any civil fines on any person found | 333 |
to have committed a traffic law violation based upon evidence | 334 |
gathered by a fixed location traffic law photo-monitoring device | 335 |
until the local authority observes a public awareness warning | 336 |
period of not less than thirty days prior to the first issuance of | 337 |
any ticket based upon images recorded by the device. During the | 338 |
warning period, the local authority shall take reasonable measures | 339 |
to inform the public of the location of the device and the date on | 340 |
which tickets will be issued for traffic law violations based upon | 341 |
evidence gathered by the device. A warning notice may be sent to | 342 |
violators during the public awareness warning period. | 343 |
(B)(1) A local authority that deploys its first traffic law | 344 |
photo-monitoring device after the effective date of this section | 345 |
shall do so only after complying with division (A) of this | 346 |
section. If such a local authority thereafter wishes to deploy an | 347 |
additional traffic law photo-monitoring device, the local | 348 |
authority shall comply with that division prior to deploying the | 349 |
additional device. | 350 |
A local authority that is operating or has operated on its | 351 |
behalf a traffic law photo-monitoring device on the effective date | 352 |
of this section may continue to operate the device after that date | 353 |
without the need to comply with division (A) of this section. | 354 |
However, if such a local authority wishes to deploy an additional | 355 |
traffic law photo-monitoring device after the effective date of | 356 |
this section, the local authority shall comply with division (A) | 357 |
of this section prior to deploying the additional device. | 358 |
(2) All tickets that result from evidence recorded by a | 359 |
traffic law photo-monitoring device and that are issued prior to | 360 |
the effective date of this section by or on behalf of a local | 361 |
authority may be processed and adjudicated in accordance with the | 362 |
rules and procedures that were in effect for such tickets prior to | 363 |
the effective date of this section. On and after the effective | 364 |
date of this section, no ticket for a traffic law violation that | 365 |
is based upon evidence recorded by a traffic law photo-monitoring | 366 |
device shall be processed and adjudicated in any manner other than | 367 |
in accordance with sections 4511.096 to 4511.0912 of the Revised | 368 |
Code. | 369 |
Sec. 4511.096. (A) A law enforcement officer employed by a | 370 |
local authority utilizing a traffic law photo-monitoring device | 371 |
shall examine evidence of alleged traffic law violations recorded | 372 |
by the device to determine whether such a violation has occurred. | 373 |
If the image recorded by the traffic law photo-monitoring device | 374 |
shows such a violation, contains the date and time of the | 375 |
violation, and shows the letter and numerals on the license plate | 376 |
of the vehicle involved as well as the state that issued the | 377 |
license plate, the officer may use any lawful means to identify | 378 |
the registered owner. | 379 |
(B) The fact that a person or entity is the registered owner | 380 |
of a motor vehicle is prima facie evidence that that person or | 381 |
entity is the person who was operating the vehicle at the time of | 382 |
the traffic law violation. | 383 |
(C) Within thirty days of the traffic law violation, the | 384 |
local authority or its designee may issue and send by regular mail | 385 |
a ticket charging the registered owner with the violation. The | 386 |
ticket shall comply with section 4511.097 of the Revised Code. | 387 |
(D) A certified copy of the ticket alleging a traffic law | 388 |
violation, sworn to or affirmed by a law enforcement officer | 389 |
employed by the local authority, including by electronic means, | 390 |
and the recorded images produced by the traffic law | 391 |
photo-monitoring device, is prima facie evidence of the facts | 392 |
contained therein and is admissible in a proceeding for review of | 393 |
the ticket issued under this section. | 394 |
Sec. 4511.097. (A) A traffic law violation for which a | 395 |
ticket is issued by a local authority pursuant to division (B)(3) | 396 |
of section 4511.093 of the Revised Code is a civil violation. If a | 397 |
local authority issues a ticket for such a violation, the ticket | 398 |
shall comply with the requirements of this section and the fine | 399 |
for such a ticket shall not exceed the amount of the fine that may | 400 |
be imposed for a substantially equivalent criminal traffic law | 401 |
violation. | 402 |
(B) A local authority or its designee shall process such a | 403 |
ticket for a civil violation and shall send the ticket by ordinary | 404 |
mail to any registered owner of the motor vehicle that is the | 405 |
subject of the traffic law violation. The local authority or | 406 |
designee shall ensure that the ticket contains all of the | 407 |
following: | 408 |
(1) The name and address of the registered owner; | 409 |
(2) The letters and numerals appearing on the license plate | 410 |
issued to the motor vehicle; | 411 |
(3) The traffic law violation charged; | 412 |
(4) The system location; | 413 |
(5) The date and time of the violation; | 414 |
(6) A copy of the recorded images; | 415 |
(7) The name and badge number of the law enforcement officer | 416 |
who was present at the system location at the time of the | 417 |
violation; | 418 |
(8) The amount of the civil penalty imposed, the date by | 419 |
which the civil penalty is required to be paid, and the address to | 420 |
which the payment is to be sent; | 421 |
(9) A statement signed by a law enforcement officer employed | 422 |
by the local authority indicating that, based on an inspection of | 423 |
recorded images, the motor vehicle was involved in a traffic law | 424 |
violation, and a statement indicating that the recorded images are | 425 |
prima facie evidence of that traffic law violation both of which | 426 |
may be signed electronically; | 427 |
(10) Information advising the person or entity alleged to be | 428 |
liable of the options prescribed in section 4511.098 of the | 429 |
Revised Code, specifically to include the time, place, and manner | 430 |
in which an administrative appeal may be initiated and the | 431 |
procedure for disclaiming liability by submitting an affidavit as | 432 |
prescribed in that section; | 433 |
(11) A warning that failure to exercise one of the options | 434 |
prescribed in section 4511.098 of the Revised Code is deemed to be | 435 |
an admission of liability and waiver of the opportunity to contest | 436 |
the violation. | 437 |
(C) A local authority or its designee shall send a ticket not | 438 |
later than thirty days after the date of the alleged traffic law | 439 |
violation. | 440 |
(D) The local authority or its designee may elect to send by | 441 |
ordinary mail a warning notice in lieu of a ticket under this | 442 |
section. | 443 |
Sec. 4511.098. (A) A person or entity who receives a ticket | 444 |
for a civil violation sent in compliance with section 4511.097 of | 445 |
the Revised Code shall elect to do one of the following: | 446 |
(1) In accordance with instructions on the ticket, pay the | 447 |
civil penalty, thereby failing to contest liability and waiving | 448 |
the opportunity to contest the violation; | 449 |
(2)(a) Within thirty days after receipt of the ticket, | 450 |
provide the law enforcement agency of the local authority with | 451 |
either of the following affidavits: | 452 |
(i) An affidavit executed by the registered owner stating | 453 |
that another person was operating the vehicle of the registered | 454 |
owner at the time of the violation, identifying that person as a | 455 |
designated party who may be held liable for the violation, and | 456 |
containing at a minimum the name and address of the designated | 457 |
party; | 458 |
(ii) An affidavit executed by the registered owner stating | 459 |
that at the time of the violation, the motor vehicle or the | 460 |
license plates issued to the motor vehicle were stolen and | 461 |
therefore were in the care, custody, or control of some person or | 462 |
entity to whom the registered owner did not grant permission to | 463 |
use the motor vehicle. In order to demonstrate that the motor | 464 |
vehicle or the license plates were stolen prior to the traffic law | 465 |
violation and therefore were not under the control or possession | 466 |
of the registered owner at the time of the violation, the | 467 |
registered owner shall submit proof that a report about the stolen | 468 |
motor vehicle or license plates was filed with the appropriate law | 469 |
enforcement agency prior to the violation or within forty-eight | 470 |
hours after the violation occurred. | 471 |
(b) A registered owner is not responsible for a traffic law | 472 |
violation if, within thirty days after the date of mailing of the | 473 |
ticket, the registered owner furnishes an affidavit specified in | 474 |
division (A)(2)(a)(i) or (ii) of this section to the local | 475 |
authority in a form established by the local authority and the | 476 |
following conditions are met: | 477 |
(i) If the registered owner submits an affidavit as specified | 478 |
in division (A)(2)(a)(i) of this section, the designated party | 479 |
either accepts liability for the violation by paying the civil | 480 |
penalty or failing to request an administrative hearing within | 481 |
thirty days or is determined liable in an administrative hearing; | 482 |
(ii) If the registered owner submits an affidavit as | 483 |
specified in division (A)(2)(a)(ii) of this section, the affidavit | 484 |
is supported by a stolen vehicle or stolen license plate report as | 485 |
required in that division. | 486 |
(3) If the registered owner is a motor vehicle leasing dealer | 487 |
or a motor vehicle renting dealer, notify the law enforcement | 488 |
agency of the local authority of the name and address of the | 489 |
lessee or renter of the motor vehicle at the time of the traffic | 490 |
law violation. A motor vehicle leasing dealer or motor vehicle | 491 |
renting dealer who receives a ticket for an alleged traffic law | 492 |
violation detected by a traffic law photo-monitoring device is not | 493 |
liable for a ticket issued for a motor vehicle that was in the | 494 |
care, custody, or control of a lessee or renter at the time of the | 495 |
alleged violation. The dealer shall not pay such a ticket and | 496 |
subsequently attempt to collect a fee or assess the lessee or | 497 |
renter a charge for any payment of such a ticket made on behalf of | 498 |
the lessee or renter. | 499 |
(4) If the vehicle involved in the traffic law violation is a | 500 |
commercial motor vehicle and the ticket is issued to a corporate | 501 |
entity, provide to the law enforcement agency of the local | 502 |
authority an affidavit, sworn to or affirmed by an agent of the | 503 |
corporate entity, that provides the name and address of the | 504 |
employee who was operating the motor vehicle at the time of the | 505 |
alleged violation and who is the designated party. | 506 |
(5) Contest the ticket by filing a written request for an | 507 |
administrative hearing to review the ticket. The person or entity | 508 |
shall file the written request not later than thirty days after | 509 |
receipt of the ticket. The failure to request a hearing within | 510 |
this time period constitutes a waiver of the right to contest the | 511 |
violation and ticket, and is deemed to constitute an admission of | 512 |
liability and waiver of the opportunity to contest the violation. | 513 |
(B) A local authority that receives an affidavit described in | 514 |
division (A)(2)(a)(i) or (A)(4) of this section or a notification | 515 |
under division (A)(3) of this section from a registered owner may | 516 |
proceed to send a ticket that conforms with division (B) of | 517 |
section 4511.097 of the Revised Code to the designated party. The | 518 |
local authority shall send the ticket to the designated party by | 519 |
ordinary mail not later than twenty-one days after receipt of the | 520 |
affidavit or notification. | 521 |
Sec. 4511.099. (A) When a person or entity named in a ticket | 522 |
for a civil violation under division (A) of section 4511.097 of | 523 |
the Revised Code elects to contest the ticket and completes the | 524 |
requirements prescribed in division (A)(5) of section 4511.098 of | 525 |
the Revised Code in a timely manner, all of the following apply: | 526 |
(1) A hearing officer appointed by the local authority shall | 527 |
hear the case. The hearing officer shall conduct a hearing not | 528 |
sooner than twenty-one but not later than forty-five days after | 529 |
the filing of a written request for the hearing. The hearing | 530 |
officer may extend the time period by which a hearing must be | 531 |
conducted upon a request for additional time by the person or | 532 |
entity who requested the hearing. | 533 |
(2) The hearing officer shall ensure that the hearing is open | 534 |
to the public. The hearing officer shall post a docket in a | 535 |
conspicuous place near the entrance to the hearing room. The | 536 |
hearing officer shall identify on the docket, by respondent, the | 537 |
hearings scheduled for that day and the time of each hearing. The | 538 |
hearing officer may schedule multiple hearings for the same time | 539 |
to allow for occurrences such as nonappearances or admissions of | 540 |
liability. | 541 |
(3) The person who requested the administrative hearing or a | 542 |
representative of the entity that requested the hearing shall | 543 |
appear for the hearing and may present evidence at the hearing. | 544 |
(4) The hearing officer shall determine whether a | 545 |
preponderance of the evidence establishes that the violation | 546 |
alleged in the ticket did in fact occur and that the person or | 547 |
entity requesting the review is the person who was operating the | 548 |
vehicle at the time of the violation. | 549 |
(B)(1) If the hearing officer finds by a preponderance of the | 550 |
evidence that the alleged traffic law violation did in fact occur | 551 |
and that the person or entity named in the ticket is the person | 552 |
who was operating the vehicle at the time of the violation, the | 553 |
hearing officer shall issue a written decision imposing liability | 554 |
for the violation upon the individual or entity and submit it to | 555 |
the local authority or its designee and the person or entity named | 556 |
in the ticket. | 557 |
(2) If the hearing officer finds by a preponderance of the | 558 |
evidence that the alleged traffic law violation did not occur or | 559 |
did in fact occur but the person or entity named in the ticket is | 560 |
not the person who was operating the vehicle at the time of the | 561 |
violation, the hearing officer shall issue a written decision | 562 |
finding that the individual or entity is not liable for the | 563 |
violation and submit it to the local authority or its designee and | 564 |
the person or entity named in the ticket. | 565 |
(3) If the person who requested the administrative hearing or | 566 |
a representative of the entity that requested the hearing fails to | 567 |
appear at the hearing, the hearing officer shall determine that | 568 |
the person or entity is liable for the violation. In such a case, | 569 |
the hearing officer shall issue a written decision imposing | 570 |
liability for the violation upon the individual or entity and | 571 |
submit it to the local authority or its designee and the person or | 572 |
entity named in the ticket. | 573 |
(4) The hearing officer shall render a decision on the day a | 574 |
hearing takes place. | 575 |
(C)(1) In determining whether the person or entity named in | 576 |
the ticket is liable, the hearing officer may consider any of the | 577 |
following as an affirmative defense to a traffic law violation: | 578 |
(a) That the vehicle passed through the intersection in order | 579 |
to yield the right-of-way to either of the following: | 580 |
(i) A public safety vehicle or coroner's vehicle in | 581 |
accordance with section 4511.45 of the Revised Code or a | 582 |
substantially equivalent municipal ordinance; | 583 |
(ii) A funeral procession in accordance with section 4511.451 | 584 |
of the Revised Code or a substantially equivalent municipal | 585 |
ordinance. | 586 |
(b) That the motor vehicle or license plates of the motor | 587 |
vehicle were stolen prior to the occurrence of the violation and | 588 |
were not under the control or possession of the registered owner | 589 |
at the time of the violation. In order to demonstrate that the | 590 |
motor vehicle or license plates were stolen prior to the | 591 |
occurrence of the violation and were not under the control or | 592 |
possession of the registered owner at the time of the violation, | 593 |
the registered owner shall submit proof that a report about the | 594 |
stolen motor vehicle or license plates was filed with the | 595 |
appropriate law enforcement agency prior to the traffic law | 596 |
violation or within forty-eight hours after the traffic law | 597 |
violation occurred. | 598 |
(c) At the time and place of the alleged traffic law | 599 |
violation, the traffic control signal was not operating properly | 600 |
or the traffic law photo-monitoring device was not in proper | 601 |
position and the recorded image is not of sufficient legibility to | 602 |
enable an accurate determination of the information necessary to | 603 |
impose liability. | 604 |
(d) That the registered owner or person or entity named in | 605 |
the ticket was not the person operating the motor vehicle at the | 606 |
time of the violation. In order to meet the evidentiary burden | 607 |
imposed under division (C)(1)(d) of this section, the registered | 608 |
owner or person or entity named in the ticket shall provide to the | 609 |
hearing officer the identity of the designated party, that | 610 |
person's name and current address, and any other evidence that the | 611 |
hearing officer determines to be pertinent. | 612 |
(2) A hearing officer also may consider the totality of the | 613 |
circumstances when determining whether to impose liability upon | 614 |
the person or entity named in the ticket. | 615 |
(D)(1) If the hearing officer finds that the person or entity | 616 |
named in the ticket was not the person who was operating the | 617 |
vehicle at the time of the violation or receives evidence | 618 |
identifying the designated party, the hearing officer shall | 619 |
provide to the local authority or its designee, within five days | 620 |
of the hearing, a copy of any evidence substantiating the identity | 621 |
of the designated party. | 622 |
(2) Upon receipt of evidence of the identity of the | 623 |
designated party, the local authority or its designee may issue a | 624 |
ticket to the designated party. | 625 |
A local authority shall ensure that a ticket issued under | 626 |
division (D)(2) of this section conforms with division (B) of | 627 |
section 4511.097 of the Revised Code. The local authority shall | 628 |
send the ticket by ordinary mail not later than twenty-one days | 629 |
after receipt of the evidence from the hearing officer or the | 630 |
registered owner of the identity of the designated party. | 631 |
(E) If a designated party who is issued a ticket under | 632 |
division (D)(2) of this section or division (B) of section | 633 |
4511.098 of the Revised Code contests the ticket by filing a | 634 |
written request for an administrative hearing to review the ticket | 635 |
not later than thirty days after receipt of the ticket, the local | 636 |
authority shall require the registered owner of the motor vehicle | 637 |
also to attend the hearing. If at the hearing involving the | 638 |
designated party the hearing officer cannot determine the identity | 639 |
of the operator of the vehicle at the time of the violation, the | 640 |
registered owner is liable for the violation. The hearing officer | 641 |
then shall issue a written decision imposing liability for the | 642 |
violation on the registered owner and submit it to the local | 643 |
authority or its designee and to the registered owner. If the | 644 |
designated party also is a registered owner of the vehicle, | 645 |
liability for the violation shall follow the order of registered | 646 |
owners as listed on the title to the vehicle. | 647 |
(F) A person who is named in a ticket for a civil violation | 648 |
may assert a testimonial privilege in accordance with division (D) | 649 |
of section 2317.02 of the Revised Code. | 650 |
(G) A person or entity may appeal a written decision rendered | 651 |
by a hearing officer under this section to the municipal court or | 652 |
county court with jurisdiction over the location where the | 653 |
violation occurred. | 654 |
(H) No decision rendered under this section, and no admission | 655 |
of liability under this section or section 4511.098 of the Revised | 656 |
Code, is admissible as evidence in any other judicial proceeding | 657 |
in this state. | 658 |
Sec. 4511.0910. A traffic law violation for which a civil | 659 |
penalty is imposed under sections 4511.097 to 4511.099 of the | 660 |
Revised Code is not a moving violation and points shall not be | 661 |
assessed against a person's driver's license under section | 662 |
4510.036 of the Revised Code. In no case shall such a violation be | 663 |
reported to the bureau of motor vehicles or motor vehicle | 664 |
registration bureau, department, or office of any other state, nor | 665 |
shall such a violation be recorded on the driving record of the | 666 |
owner or operator of the vehicle involved in the violation. | 667 |
Sec. 4511.0911. (A) Upon request, each manufacturer of a | 668 |
traffic law photo-monitoring device shall provide to a local | 669 |
authority utilizing its devices the maintenance record of any such | 670 |
device used in that local authority. | 671 |
(B)(1) Commencing January 2015, not later than the last day | 672 |
of January of each year, the manufacturer of a traffic law | 673 |
photo-monitoring device shall provide to the applicable local | 674 |
authority a certificate of proper operation that attests to the | 675 |
accuracy of the device in recording a traffic law violation. | 676 |
(2) In addition to the requirement prescribed in division | 677 |
(B)(1) of this section, for every such device that is considered | 678 |
mobile, meaning it is attached to a trailer, vehicle, or other | 679 |
wheeled apparatus so that it is easily moved to different system | 680 |
locations, both of the following apply: | 681 |
(a) Each local authority shall test the accuracy of each such | 682 |
device with an independent, certified speed measuring device or | 683 |
some other commonly accepted method prior to its use at each | 684 |
system location. | 685 |
(b) Each local authority shall clearly and conspicuously mark | 686 |
on the outside of the trailer, vehicle, or wheeled apparatus that | 687 |
contains the traffic law photo-monitoring device that the device | 688 |
is contained therein and that the trailer, vehicle, or wheeled | 689 |
apparatus is the property of the local authority. | 690 |
(C) In the case of a traffic law photo-monitoring device that | 691 |
is used at an intersection to detect violations of section 4511.12 | 692 |
of the Revised Code based on the failure to comply with section | 693 |
4511.13 of the Revised Code or a substantially equivalent | 694 |
municipal ordinance, the local authority shall not issue a ticket | 695 |
for a violation based upon evidence recorded by a traffic law | 696 |
photo-monitoring device when a vehicle makes a legal right or left | 697 |
turn-on-red-signal if all of the following apply: | 698 |
(1) The vehicle can make the turn safely. | 699 |
(2) The vehicle comes to a complete stop at any point prior | 700 |
to completing the turn. | 701 |
(3) No pedestrians are in the crosswalk, or are about to | 702 |
enter the crosswalk, of any approach to the intersection the | 703 |
vehicle occupies while commencing or making the turn. | 704 |
Sec. 4511.0912. A local authority shall not issue a ticket | 705 |
for a violation of section 4511.21 or 4511.211 of the Revised Code | 706 |
or a substantially equivalent municipal ordinance due to failure | 707 |
to observe the applicable speed limit based upon evidence recorded | 708 |
by a traffic law photo-monitoring device unless one of the | 709 |
following applies: | 710 |
(A) For a system location that is located within a school | 711 |
zone or within the boundaries of a state or local park or | 712 |
recreation area, the vehicle involved in the violation is | 713 |
traveling at a speed that exceeds the posted speed limit by not | 714 |
less than six miles per hour. | 715 |
(B) For a system location that is located at any other | 716 |
location, the vehicle involved in the violation is traveling at a | 717 |
speed that exceeds the posted speed limit by not less than ten | 718 |
miles per hour. | 719 |
Sec. 4511.0913. Sections 4511.092 to 4511.0912 of the | 720 |
Revised Code do not apply to the use of a traffic law | 721 |
photo-monitoring device that is placed on a school bus for the | 722 |
purpose of detecting violations of section 4511.75 of the Revised | 723 |
Code or a substantially equivalent municipal ordinance. | 724 |
Sec. 4511.0914. Sections 4511.092 to 4511.0912 of the Revised | 725 |
Code do not affect in any manner either of the following: | 726 |
(A) Any ban on the use by a local authority of traffic law | 727 |
photo-monitoring devices to detect traffic law violations that is | 728 |
in effect on the effective date of this section, irrespective of | 729 |
the method or means by which such a ban took effect; | 730 |
(B) Any ban on the use by a local authority of traffic law | 731 |
photo-monitoring devices to detect traffic law violations that | 732 |
takes effect after the effective date of this section, | 733 |
irrespective of the method or means by which such a ban takes | 734 |
effect. | 735 |
Sec. 4511.204. (A) No person shall drive a motor vehicle, | 736 |
trackless trolley, or streetcar on any street, highway, or | 737 |
property open to the public for vehicular traffic while using a | 738 |
handheld electronic wireless communications device to write, send, | 739 |
or read a text-based communication. | 740 |
(B) Division (A) of this section does not apply to any of the | 741 |
following: | 742 |
(1) A person using a handheld electronic wireless | 743 |
communications device in that manner for emergency purposes, | 744 |
including an emergency contact with a law enforcement agency, | 745 |
hospital or health care provider, fire department, or other | 746 |
similar emergency agency or entity; | 747 |
(2) A person driving a public safety vehicle who uses a | 748 |
handheld electronic wireless communications device in that manner | 749 |
in the course of the person's duties; | 750 |
(3) A person using a handheld electronic wireless | 751 |
communications device in that manner whose motor vehicle is in a | 752 |
stationary position and who is outside a lane of travel; | 753 |
(4) A person reading, selecting, or entering a name or | 754 |
telephone number in a handheld electronic wireless communications | 755 |
device for the purpose of making or receiving a telephone call; | 756 |
(5) A person receiving wireless messages on a device | 757 |
regarding the operation or navigation of a motor vehicle; | 758 |
safety-related information, including emergency, traffic, or | 759 |
weather alerts; or data used primarily by the motor vehicle; | 760 |
(6) A person receiving wireless messages via radio waves; | 761 |
(7) A person using a device for navigation purposes; | 762 |
(8) A person conducting wireless interpersonal communication | 763 |
with a device that does not require manually entering letters, | 764 |
numbers, or symbols or reading text messages, except to activate, | 765 |
deactivate, or initiate the device or a feature or function of the | 766 |
device; | 767 |
(9) A person operating a commercial truck while using a | 768 |
mobile data terminal that transmits and receives data; | 769 |
(10) A person using a handheld electronic wireless | 770 |
communications device in conjunction with a voice-operated or | 771 |
hands-free device feature or function of the vehicle. | 772 |
(C)(1) Notwithstanding any provision of law to the contrary, | 773 |
no law enforcement officer shall cause an operator of an | 774 |
automobile being operated on any street or highway to stop the | 775 |
automobile for the sole purpose of determining whether a violation | 776 |
of division (A) of this section has been or is being committed or | 777 |
for the sole purpose of issuing a ticket, citation, or summons for | 778 |
a violation of that nature or causing the arrest of or commencing | 779 |
a prosecution of a person for a violation of that nature, and no | 780 |
law enforcement officer shall view the interior or visually | 781 |
inspect any automobile being operated on any street or highway for | 782 |
the sole purpose of determining whether a violation of that nature | 783 |
has been or is being committed. | 784 |
(2) On January 31 of each year, the department of public | 785 |
safety shall issue a report to the general assembly that specifies | 786 |
the number of citations issued for violations of this section | 787 |
during the previous calendar year. | 788 |
(D) Whoever violates division (A) of this section is guilty | 789 |
of a minor misdemeanor. | 790 |
(E) This section shall not be construed as invalidating, | 791 |
preempting, or superseding a substantially equivalent municipal | 792 |
ordinance that prescribes penalties for violations of that | 793 |
ordinance that are greater than the penalties prescribed in this | 794 |
section for violations of this section. | 795 |
(F) A prosecution for a violation of this section does not | 796 |
preclude a prosecution for a violation of a substantially | 797 |
equivalent municipal ordinance based on the same conduct. However, | 798 |
if an offender is convicted of or pleads guilty to a violation of | 799 |
this section and is also convicted of or pleads guilty to a | 800 |
violation of a substantially equivalent municipal ordinance based | 801 |
on the same conduct, the two offenses are allied offenses of | 802 |
similar import under section 2941.25 of the Revised Code. | 803 |
(G) As used in this section: | 804 |
(1) "Electronic wireless communications device" includes any | 805 |
of the following: | 806 |
(a) A wireless telephone; | 807 |
(b) A text-messaging device; | 808 |
(c) A personal digital assistant; | 809 |
(d) A computer, including a laptop computer and a computer | 810 |
tablet; | 811 |
(e) Any other substantially similar wireless device that is | 812 |
designed or used to communicate text. | 813 |
(2) "Voice-operated or hands-free device" means a device that | 814 |
allows the user to vocally compose or send, or to listen to a | 815 |
text-based communication without the use of either hand except to | 816 |
activate or deactivate a feature or function. | 817 |
(3) "Write, send, or read a text-based communication" means | 818 |
to manually write or send, or read a text-based communication | 819 |
using an electronic wireless communications device, including | 820 |
manually writing or sending, or reading communications referred to | 821 |
as text messages, instant messages, or electronic mail. | 822 |
Section 2. That existing sections 1901.20, 1907.02, | 823 |
4511.093, 4511.094, and 4511.204 and section 4511.092 of the | 824 |
Revised Code are hereby repealed. | 825 |