As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 388

Senator Bacon 

Cosponsors: Senators LaRose, Lehner, Gardner, Hughes 

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A BILL

To amend sections 1901.20, 4511.094, and 4511.751; to

1

amend, for the purpose of adopting a new section

2

number as indicated in parentheses, section

3

4511.093 (4511.092); to enact new section 4511.093

4

and sections 4511.095, 4511.096, 4511.097,

5

4511.098, 4511.099, 4511.0910, 4511.0911, and

6

4511.0912; and to repeal section 4511.092 of the

7

Revised Code to establish conditions for the use

8

by local authorities of traffic law

9

photo-monitoring devices to detect certain traffic

10

law violations.

11

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

Section 1.  That sections 1901.20, 4511.094, and 4511.751 be	12
amended, section 4511.093 (4511.092) be amended for the purpose of	13
adopting a new section number as indicated in parentheses, and new	14
section 4511.093 and sections 4511.095, 4511.096, 4511.097,	15
4511.098, 4511.099, 4511.0910, 4511.0911, and 4511.0912 of the	16
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	21
traffic law violation that results from the operation of a traffic	22
law photo-monitoring device as defined under section 4511.093 of	23
the Revised Code or the violation is required to be handled by a	24
parking violations bureau or joint parking violations bureau	25
pursuant to Chapter 4521. of the Revised Code, and of the	26
violation of any misdemeanor committed within the limits of its	27
territory. The. However, the municipal court has jurisdiction of	28
over the violation of a vehicle parking or standing resolution or	29
regulation if a local authority, as defined in division (D) of	30
section 4521.01 of the Revised Code, has specified that it is not	31
to be considered a criminal offense, if the violation is committed	32
within the limits of the court's territory, and if the violation	33
is not required to be handled by a parking violations bureau or	34
joint parking violations bureau pursuant to Chapter 4521. of the	35
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. 4511.092. (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. 4511.093.  As used in sections 4511.093 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) "Local authority" means a municipal corporation.

106

(D) "Motor vehicle leasing dealer" has the same meaning as in	107
section 4517.01 of the Revised Code.	108

(E) "Motor vehicle renting dealer" has the same meaning as in	109
section 4549.65 of the Revised Code.	110

(F) "Recorded images" means any of the following images	111
recorded by a traffic law photo-monitoring device that show, on at	112
least one image or on a portion of the videotape, the rear of a	113
motor vehicle and the letters and numerals on the rear license	114
plate of the vehicle:	115

(1) Two or more photographs, microphotographs, electronic	116
images, or digital images;	117

(2) Videotape.

118

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

119

(1) Any person or entity identified by the bureau of motor	120
vehicles or any other state motor vehicle registration bureau,	121
department, or office as the owner of a motor vehicle;	122

(2) The lessee of a motor vehicle under a lease of six months	123
or longer;	124

(3) The renter of a motor vehicle pursuant to a written	125
rental agreement with a motor vehicle renting dealer.	126

(H) "System location" means the approach to an intersection	127
or area of roadway toward which a traffic law photo-monitoring	128
device is directed and is in operation.	129

(I) "Ticket" means any traffic ticket, citation, summons, or	130
other ticket issued in response to an alleged traffic law	131
violation detected by a traffic law photo-monitoring device, that	132
represents a civil violation.	133

(J) "Traffic law photo-monitoring device" means an electronic	134
system consisting of a photographic, video, or electronic camera	135
and a means of sensing the presence of a motor vehicle that	136
automatically produces recorded images.	137

(K) "Traffic law violation" means any of the following:

138

(1) A violation of section 4511.12 of the Revised Code based	139
on the failure to comply with section 4511.13 of the Revised Code	140
or a substantially equivalent municipal ordinance that occurs at	141
an intersection due to failure to obey a traffic control signal;	142

(2) A violation of section 4511.21 or 4511.211 of the Revised	143
Code or a substantially equivalent municipal ordinance due to	144
failure to observe the applicable speed limit;	145

(3) A violation of section 4511.75 of the Revised Code or a	146
substantially equivalent municipal ordinance due to the improper	147
passing of a stopped school bus.	148

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

149

(1) "Local authority" means a municipal corporation, county,	150
or township.	151

(2) "Traffic law photo-monitoring device" means an electronic	152
system consisting of a photographic, video, or electronic camera	153
and a means of sensing the presence of a motor vehicle that	154
automatically produces photographs, videotape, or digital images	155
of the vehicle or its license plate.	156

(B)(1) No local authority shall use traffic law	157
photo-monitoring devices to detect or enforce any traffic law	158
violation until after it has erecteddone both of the following:	159

(1) Erected signs on every highway that is not a freeway that	160
is part of the state highway system and that enters that local	161
authority. The signs shall informinforming inbound traffic that	162
the local authority utilizes traffic law photo-monitoring devices	163
to enforce traffic laws. The;	164

(2) Beginning on the effective date of this amendment,	165
erected signs at each fixed system location informing motorists	166
that a traffic law photo-monitoring device is present at the	167
location.	168

The local authority shall erect the signs shall be erected	169
within the first three hundred feet of the boundary of the local	170
authority or, ifwithin three hundred feet of the fixed system	171
location, as applicable. If the signs cannot be located within the	172
first three hundred feet of the boundary of the local authority or	173
within three hundred feet of the fixed system location, the local	174
authority shall erect the signs as close to that distance as	175
possible, provided that if. If a particular highway enters and	176
exits the territory of a local authority multiple times, the local	177
authority shall erect the signs as required by this division at	178
the locations in each direction of travel where inbound traffic on	179
the highway first enters the territory of the local authority and	180
is not required to erect additional signs along such highway each	181
time the highway reenters the territory of the local authority.	182
The local authority is responsible for all costs associated with	183
the erection, maintenance, and replacement, if necessary, of the	184
signs. AllThe local authority shall ensure that all signs erected	185
under this division shall conform in size, color, location, and	186
content to standards contained in the manual adopted by the	187
department of transportation pursuant to section 4511.09 of the	188
Revised Code and shall remain in place for as long as the local	189
authority utilizes traffic law photo-monitoring devices to enforce	190
any traffic law. Any	191

(B) A ticket, citation, or summons issued by or on behalf of	192
the local authority for any traffic law violation based upon	193
evidence gathered by a traffic law photo-monitoring device after	194
the effective date of this sectionis invalid under the following	195
circumstances:	196

(1) If the ticket was issued after March 12, 2009, but before	197
the signs have beenrequired under division (A)(1) of this section	198
were erected is invalid; provided that no ticket, citation, or	199
summons is invalid if the;	200

(2) If the ticket was issued after the effective date of this	201
amendment but before the signs required under division (A)(2) of	202
this section were erected.	203

However, if a local authority is in substantial compliance	204
with the requirementrequirements of this division to erect the	205
signs(A)(1) or (2) of this section, as applicable, a ticket	206
issued by the local authority under sections 4511.092 to 4511.0911	207
of the Revised Code is valid.	208

(2)(C) A local authority is deemed to be in substantial	209
compliance with the requirement of division (B)(A)(1) or (2) of	210
this section, as applicable, to erect the advisory signs if the	211
authority does both of the following:	212

(a)(1) First erects all signs as required by division	213
(B)(1)(A)(1) or (2) of this section, as applicable, and	214
subsequently maintains and replaces the signs as needed so that at	215
all times at least ninety per cent of the required signs are in	216
place and functional;	217

(b)(2) Annually documents and upon request certifies its	218
compliance with division (B)(2)(a)(C)(1) of this section.	219

(C)(D) A local authority that uses traffic law	220
photo-monitoring devices to detect or enforce any traffic law	221
violation at an intersection where traffic is controlled by	222
traffic control signals that exhibit different colored lights or	223
colored lighted arrows shall time the operation of the yellow	224
lights and yellow arrows of those traffic control signals so that	225
the steady yellow indication exceeds by one second the minimum	226
duration for yellow indicators at similar intersections as	227
established by the provisions of the manual adopted by the	228
department of transportation under section 4511.09 of the Revised	229
Code.	230

Sec. 4511.095. (A) Prior to deploying any traffic law	231
photo-monitoring device, a local authority shall do all of the	232
following:	233

(1) Conduct a safety study of intersections or locations	234
under consideration for placement of fixed traffic law	235
photo-monitoring devices. The study shall include an accounting of	236
incidents that have occurred in the designated area over the	237
previous three-year period and shall be made available to the	238
public upon request.	239

(2) Conduct a public information campaign to inform motor	240
vehicle operators about the use of traffic law photo-monitoring	241
devices at system locations prior to establishing any of those	242
locations;	243

(3) Publish at least one notice in a local newspaper of	244
general circulation that announces the local authority's intent to	245
utilize traffic law photo-monitoring devices, the locations of	246
those devices, if known, and the date on which the first traffic	247
law photo-monitoring device will be operational;	248

(4) Refrain from levying any civil fines on any person found	249
committing a traffic law violation as a result of the operation of	250
a fixed location traffic law photo-monitoring device until the	251
local authority observes a public awareness warning period of not	252
less than thirty days prior to the first issuance of any ticket	253
based upon images recorded by the device. During the warning	254
period, the local authority shall take reasonable measures to	255
inform the public of the location of the device and the date on	256
which tickets will be issued for traffic law violations detected	257
by the device. A warning notice may be sent to violators during	258
the public awareness warning period.	259

(B)(1) A local authority that deploys its first traffic law	260
photo-monitoring device after the effective date of this section	261
shall do so only after complying with division (A) of this	262
section. If such a local authority thereafter wishes to deploy an	263
additional traffic law photo-monitoring device, the local	264
authority shall comply with that division prior to deploying the	265
additional device.	266

A local authority that is operating or has operated on its	267
behalf a traffic law photo-monitoring device on the effective date	268
of this section may continue to operate the device after that date	269
without the need to comply with division (A) of this section.	270
However, if such a local authority wishes to deploy an additional	271
traffic law photo-monitoring device after the effective date of	272
this section, the local authority shall comply with division (A)	273
of this section prior to deploying the additional device.	274

(2) All tickets that result from the operation of a traffic	275
law photo-monitoring device and are issued prior to the effective	276
date of this section by or on behalf of a local authority may be	277
processed and adjudicated in accordance with the rules and	278
procedures that were in effect for such tickets prior to the	279
effective date of this section. On and after the effective date of	280
this section, no ticket for a traffic law violation issued as the	281
result of the operation of a traffic law photo-monitoring device	282
shall be processed and adjudicated in any manner other than in	283
accordance with sections 4511.093 to 4511.0912 of the Revised	284
Code.	285

Sec. 4511.096.  (A) A law enforcement officer employed by a	286
local authority utilizing a traffic law photo-monitoring device	287
shall examine evidence of alleged traffic law violations recorded	288
by the device to determine whether such a violation has occurred.	289
If the image recorded by the traffic law photo-monitoring device	290
shows such a violation, contains the date and time of the	291
violation, and shows the letter and numerals on the license plate	292
of the vehicle involved as well as the state that issued the	293
license plate, the officer may use any lawful means to identify	294
the registered owner.	295

(B) The fact that a person or entity is the registered owner	296
of a motor vehicle shall be prima facie evidence that that person	297
or entity is the person who was operating the vehicle at the time	298
of the traffic law violation.	299

(C) Within thirty days of the traffic law violation, the	300
local authority or its designee may issue and send by regular mail	301
a ticket charging the registered owner with the violation. The	302
ticket shall comply with section 4511.097 of the Revised Code.	303

(D) A certified copy of the ticket alleging a traffic law	304
violation, sworn to or affirmed by a law enforcement officer	305
employed by the local authority, including by electronic means,	306
and the recorded images produced by the traffic law	307
photo-monitoring device, is prima facie evidence of the facts	308
contained therein and is admissible in a proceeding for review of	309
the ticket issued under this section.	310

Sec. 4511.097.  (A) Notwithstanding any other provision of	311
law to the contrary, a traffic law violation detected by a traffic	312
law photo-monitoring device is a civil violation as represented by	313
a ticket issued by a local authority.	314

(B) A local authority or its designee shall process a ticket	315
and shall send the ticket by ordinary mail to any registered owner	316
of the motor vehicle that is the subject of the traffic law	317
violation. The local authority or designee shall ensure that the	318
ticket contains all of the following:	319

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

320

(2) The letters and numerals appearing on the license plate	321
issued to the motor vehicle;	322

(3) The traffic law violation charged;

323

(4) The system location;

324

(5) The date and time of the violation;

325

(6) A copy of the recorded images;

326

(7) The amount of the civil penalty imposed, the date by	327
which the civil penalty is required to be paid, and the address to	328
which the payment is to be sent;	329

(8) A statement signed by a law enforcement officer employed	330
by the local authority indicating that, based on an inspection of	331
recorded images, the motor vehicle was involved in a traffic law	332
violation, and a statement indicating that the recorded images are	333
prima facie evidence of that traffic law violation both of which	334
may be signed electronically;	335

(9) Information advising the person or entity alleged to be	336
liable of the options prescribed in section 4511.098 of the	337
Revised Code, specifically to include the time, place, and manner	338
in which an administrative appeal may be initiated and the	339
procedure for disclaiming liability by submitting an affidavit as	340
prescribed in that section;	341

(10) A warning that failure to exercise one of the options	342
prescribed in section 4511.098 of the Revised Code is deemed to be	343
an admission of liability and waiver of the opportunity to contest	344
the violation.	345

(C) A local authority or its designee shall send a ticket not	346
later than thirty days after the date of the alleged traffic law	347
violation.	348

(D) The local authority or its designee may elect to send by	349
ordinary mail a warning notice in lieu of a ticket under this	350
section.	351

Sec. 4511.098. (A) A person or entity who receives a ticket	352
sent in compliance with section 4511.097 of the Revised Code shall	353
elect to do one of the following:	354

(1) In accordance with instructions on the ticket, pay the	355
civil penalty, thereby admitting liability and waiving the	356
opportunity to contest the violation;	357

(2)(a) Within thirty days after receipt of the ticket,	358
provide the law enforcement agency of the local authority with	359
either of the following affidavits:	360

(i) An affidavit executed by the registered owner stating	361
that another person was operating the vehicle of the registered	362
owner at the time of the violation, identifying that person as a	363
designated party who may be held liable for the violation, and	364
containing at a minimum the name and address of the designated	365
party;	366

(ii) An affidavit executed by the registered owner stating	367
that at the time of the violation, the motor vehicle or the	368
license plates issued to the motor vehicle were stolen and	369
therefore were in the care, custody, or control of some person or	370
entity to whom the registered owner did not grant permission to	371
use the motor vehicle. In order to demonstrate that the motor	372
vehicle or the license plates were stolen prior to the traffic law	373
violation and therefore were not under the control or possession	374
of the registered owner at the time of the violation, the	375
registered owner shall submit proof that a report about the stolen	376
motor vehicle or license plates was filed with the appropriate law	377
enforcement agency prior to the violation or within forty-eight	378
hours after the violation occurred.	379

(b) A registered owner is not responsible for a traffic law	380
violation if, within thirty days after the date of mailing of the	381
ticket, the registered owner furnishes an affidavit specified in	382
division (A)(2)(a)(i) or (ii) of this section to the local	383
authority in a form established by the local authority and the	384
following conditions are met:	385

(i) If the registered owner submits an affidavit as specified	386
in division (A)(2)(a)(i) of this section, the designated party	387
either accepts liability for the violation by paying the civil	388
penalty or failing to request an administrative hearing within	389
thirty days or is determined liable in an administrative hearing;	390

(ii) If the registered owner submits an affidavit as	391
specified in division (A)(2)(a)(ii) of this section, the affidavit	392
is supported by a stolen vehicle or stolen license plate report as	393
required in that division.	394

(3) If the registered owner is a motor vehicle leasing dealer	395
or a motor vehicle renting dealer, notify the law enforcement	396
agency of the local authority of the name and address of the	397
lessee or renter of the motor vehicle at the time of the traffic	398
law violation. A motor vehicle leasing dealer or motor vehicle	399
renting dealer who receives a ticket for an alleged traffic law	400
violation detected by a traffic law photo-monitoring device is not	401
liable for a ticket issued for a motor vehicle that was in the	402
care, custody, or control of a lessee or renter at the time of the	403
alleged violation. The dealer shall not pay such a ticket and	404
subsequently attempt to collect a fee or assess the lessee or	405
renter a charge for any payment of such a ticket made on behalf of	406
the lessee or renter.	407

(4) If the vehicle involved in the traffic law violation is a	408
commercial motor vehicle and the ticket is issued to a corporate	409
entity, provide to the law enforcement agency of the local	410
authority an affidavit, sworn to or affirmed by an agent of the	411
corporate entity, that provides the name and address of the	412
employee who was operating the motor vehicle at the time of the	413
alleged violation and who is the designated party.	414

(5) Contest the ticket by filing a written request for an	415
administrative hearing to review the ticket. The person or entity	416
shall file the written request not later than thirty days after	417
receipt of the ticket. The failure to request a hearing within	418
this time period constitutes a waiver of the right to contest the	419
violation and ticket, and is deemed to constitute an admission of	420
liability and waiver of the opportunity to contest the violation.	421

(B) A local authority that receives an affidavit described in	422
division (A)(2)(a)(i) or (A)(4) of this section or a notification	423
under division (A)(3) of this section from a registered owner may	424
proceed to send a ticket that conforms with division (B) of	425
section 4511.097 of the Revised Code to the designated party. The	426
local authority shall send the ticket to the designated party by	427
ordinary mail not later than twenty-one days after receipt of the	428
affidavit or notification.	429

Sec. 4511.099. (A) When a person or entity named in a ticket	430
elects to contest the ticket and completes the requirements	431
prescribed in division (A)(5) of section 4511.098 of the Revised	432
Code in a timely manner, all of the following apply:	433

(1) A hearing officer appointed by the local authority shall	434
hear the case. The hearing officer shall conduct a hearing not	435
sooner than twenty-one but not later than forty-five days after	436
the filing of a written request for the hearing. The hearing	437
officer may extend the time period by which a hearing must be	438
conducted upon a request for additional time by the person or	439
entity who requested the hearing.	440

(2) The hearing officer shall ensure that the hearing is open	441
to the public. The hearing officer shall post a docket in a	442
conspicuous place near the entrance to the hearing room. The	443
hearing officer shall identify on the docket, by respondent, the	444
hearings scheduled for that day and the time of each hearing. The	445
hearing officer may schedule multiple hearings for the same time	446
to allow for occurrences such as nonappearances or admissions of	447
liability.	448

(3) The person who requested the administrative hearing or a	449
representative of the entity that requested the hearing shall	450
appear for the hearing and may present evidence at the hearing.	451

(4) The hearing officer shall determine whether a	452
preponderance of the evidence establishes that the violation	453
alleged in the ticket did in fact occur and that the person or	454
entity requesting the review is the person who was operating the	455
vehicle at the time of the violation.	456

(B)(1) If the hearing officer finds by a preponderance of the	457
evidence that the alleged traffic law violation did in fact occur	458
and that the person or entity named in the ticket is the person	459
who was operating the vehicle at the time of the violation, the	460
hearing officer shall issue a written decision imposing liability	461
for the violation upon the individual or entity and submit it to	462
the local authority or its designee and the person or entity named	463
in the ticket.	464

(2) If the hearing officer finds by a preponderance of the	465
evidence that the alleged traffic law violation did not occur or	466
did in fact occur but the person or entity named in the ticket is	467
not the person who was operating the vehicle at the time of the	468
violation, the hearing officer shall issue a written decision	469
finding that the individual or entity is not liable for the	470
violation and submit it to the local authority or its designee and	471
the person or entity named in the ticket.	472

(3) If the person who requested the administrative hearing or	473
a representative of the entity that requested the hearing fails to	474
appear at the hearing, the hearing officer shall determine that	475
the person or entity is liable for the violation. In such a case,	476
the hearing officer shall issue a written decision imposing	477
liability for the violation upon the individual or entity and	478
submit it to the local authority or its designee and the person or	479
entity named in the ticket.	480

(4) The hearing officer shall render a decision on the day a	481
hearing takes place.	482

(C)(1) In determining whether the person or entity named in	483
the ticket is liable, the hearing officer may consider any of the	484
following as an affirmative defense to a traffic law violation:	485

(a) That the vehicle passed through the intersection in order	486
to yield the right-of-way to either of the following:	487

(i) A public safety vehicle or coroner's vehicle in	488
accordance with section 4511.45 of the Revised Code or a	489
substantially equivalent municipal ordinance;	490

(ii) A funeral procession in accordance with section 4511.451	491
of the Revised Code or a substantially equivalent municipal	492
ordinance.	493

(b) That the motor vehicle or license plates of the motor	494
vehicle were stolen prior to the occurrence of the violation and	495
were not under the control or possession of the registered owner	496
at the time of the violation. In order to demonstrate that the	497
motor vehicle or license plates were stolen prior to the	498
occurrence of the violation and were not under the control or	499
possession of the registered owner at the time of the violation,	500
the registered owner shall submit proof that a report about the	501
stolen motor vehicle or license plates was filed with the	502
appropriate law enforcement agency prior to the traffic law	503
violation or within forty-eight hours after the traffic law	504
violation occurred.	505

(c) At the time and place of the alleged traffic law	506
violation, the traffic control signal was not operating properly	507
or the traffic law photo-monitoring device was not in proper	508
position and the recorded image is not of sufficient legibility to	509
enable an accurate determination of the information necessary to	510
impose liability.	511

(d) That the registered owner or person or entity named in	512
the ticket was not the person operating the motor vehicle at the	513
time of the violation. In order to meet the evidentiary burden	514
imposed under division (C)(1)(d) of this section, the registered	515
owner or person or entity named in the ticket shall provide to the	516
hearing officer the identity of the designated party, that	517
person's name and current address, and any other evidence that the	518
hearing officer determines to be pertinent.	519

(2) A hearing officer also may consider the totality of the	520
circumstances when determining whether to impose liability upon	521
the person or entity named in the ticket.	522

(D)(1) If the hearing officer finds that the person or entity	523
named in the ticket was not the person who was operating the	524
vehicle at the time of the violation or receives evidence	525
identifying the designated party, the hearing officer shall	526
provide to the local authority or its designee, within five days	527
of the hearing, a copy of any evidence substantiating the identity	528
of the designated party.	529

(2) Upon receipt of evidence of the identity of the	530
designated party, the local authority or its designee may issue a	531
ticket to the designated party.	532

A local authority shall ensure that a ticket issued under	533
division (D)(2) of this section conforms with division (B) of	534
section 4511.097 of the Revised Code. The local authority shall	535
send the ticket by ordinary mail not later than twenty-one days	536
after receipt of the evidence from the hearing officer or the	537
registered owner of the identity of the designated party.	538

(E) If a designated party who is issued a ticket under	539
division (D)(2) of this section or division (B) of section	540
4511.098 of the Revised Code contests the ticket by filing a	541
written request for an administrative hearing to review the ticket	542
not later than thirty days after receipt of the ticket, the local	543
authority shall require the registered owner of the motor vehicle	544
also to attend the hearing. If at the hearing involving the	545
designated party the hearing officer cannot determine the identity	546
of the operator of the vehicle at the time of the violation, the	547
registered owner is liable for the violation. The hearing officer	548
then shall issue a written decision imposing liability for the	549
violation on the registered owner and submit it to the local	550
authority or its designee and to the registered owner. If the	551
designated party also is a registered owner of the vehicle,	552
liability for the violation shall follow the order of registered	553
owners as listed on the title to the vehicle.	554

(F) A person or entity may appeal a written decision rendered	555
by a hearing officer under this section to the municipal court	556
with jurisdiction over the location where the violation occurred.	557

Sec. 4511.0910.  A traffic law violation for which a civil	558
penalty is imposed under sections 4511.093 to 4511.099 of the	559
Revised Code is not a moving violation and points shall not be	560
assessed against a person's driver's license under section	561
4510.036 of the Revised Code. In no case shall such a violation be	562
reported to the bureau of motor vehicles or motor vehicle	563
registration bureau, department, or office of any other state, nor	564
shall such a violation be recorded on the driving record of the	565
owner or operator of the vehicle involved in the violation.	566

Sec. 4511.0911.  (A) Upon request, each manufacturer of a	567
traffic law photo-monitoring device shall provide to a local	568
authority utilizing its devices the maintenance record of any such	569
device used in that local authority.	570

(B)(1) Commencing January 2015, not later than the last day	571
of January of each year, the manufacturer of a traffic law	572
photo-monitoring device shall provide to the applicable local	573
authority a certificate of proper operation that attests to the	574
accuracy of the device in recording a traffic law violation.	575

(2) In addition to the requirement prescribed in division	576
(B)(1) of this section, for every such device that is considered	577
mobile, meaning it is attached to a trailer, vehicle, or other	578
wheeled apparatus so that it is easily moved to different system	579
locations, both of the following apply:	580

(a) Each local authority shall test the accuracy of each such	581
device with an independent, certified speed measuring device or	582
some other commonly accepted method prior to its use at each	583
system location.	584

(b) Each local authority shall clearly and conspicuously mark	585
on the outside of the trailer, vehicle, or wheeled apparatus that	586
contains the traffic law photo-monitoring device that the device	587
is contained therein and that the trailer, vehicle, or wheeled	588
apparatus is the property of the local authority.	589

(C) In the case of a traffic law photo-monitoring device that	590
is used at an intersection to detect violations of section 4511.12	591
of the Revised Code based on the failure to comply with section	592
4511.13 of the Revised Code or a substantially equivalent	593
municipal ordinance, the local authority shall not issue a ticket	594
alleging a violation when a vehicle makes a legal right or left	595
turn-on-red-signal if all of the following apply:	596

(1) The vehicle can make the turn safely.

597

(2) The vehicle comes to a complete stop at any point prior	598
to completing the turn.	599

(3) No pedestrians are in the crosswalk, or are about to	600
enter the crosswalk, of any approach to the intersection the	601
vehicle occupies while commencing or making the turn.	602

Sec. 4511.0912.  A local authority that utilizes a traffic	603
law photo-monitoring device to detect violations of sections	604
4511.21 or 4511.211 of the Revised Code or a substantially	605
equivalent municipal ordinance due to failure to observe the	606
applicable speed limit shall not issue a ticket unless one of the	607
following applies:	608

(A) For a system location that is located within a school	609
zone or within the boundaries of a state or local park or	610
recreation area, the vehicle involved in the violation is	611
traveling at a speed that exceeds the posted speed limit by not	612
less than six miles per hour.	613

(B) For a system location that is located at any other	614
location, the vehicle involved in the violation is traveling at a	615
speed that exceeds the posted speed limit by not less than ten	616
miles per hour.	617

Sec. 4511.751. (A) As used in this section, "license:

618

(1) "License plate" includes, but is not limited to, any	619
temporary license placard issued under section 4503.182 of the	620
Revised Code or similar law of another jurisdiction.	621

(2) "Photo-monitoring device" means an electronic system	622
consisting of a photographic, video, or electronic camera that	623
produces photographs, videotapes, or digital images.	624

(B)(1) When the operator of a school bus believes that a	625
motorist has violated division (A) of section 4511.75 of the	626
Revised Code or a substantially equivalent municipal ordinance,	627
the operator shall report the license plate number and a general	628
description of the vehicle and of the operator of the vehicle to	629
the law enforcement agency exercising jurisdiction over the area	630
where the alleged violation occurred. The information contained in	631
the report relating to the license plate number and to the general	632
description of the vehicle and the operator of the vehicle at the	633
time of the alleged violation may be supplied by any person with	634
first-hand knowledge of the information. Information of which the	635
operator of the school bus has first-hand knowledge also may be	636
corroborated by any other person.	637

(2) A school bus may be equipped with a photo-monitoring	638
device for the purpose of determining a violation of division (A)	639
of section 4511.75 of the Revised Code or a substantially	640
equivalent municipal ordinance. When the operator of a school bus	641
believes that a motorist has violated division (A) of section	642
4511.75 of the Revised Code or a substantially equivalent	643
municipal ordinance and a photo-monitoring device was in use at	644
the time of the alleged violation, the operator shall submit any	645
photographs, videotapes, or digital images produced by the	646
photo-monitoring device at the time of the alleged violation to	647
the law enforcement agency exercising jurisdiction over the area	648
where the alleged violation occurred.	649

Upon(C)(1) Except as provided in division (C)(2) of this	650
section, upon receipt of the report described in division (B)(1)	651
of this section of the alleged violation of division (A) of	652
section 4511.75 of the Revised Code, the law enforcement agency	653
shall conduct an investigation to attempt to determine or confirm	654
the identity of the operator of the vehicle at the time of the	655
alleged violation. If the identity of the operator at the time of	656
the alleged violation is established, the reporting of the license	657
plate number of the vehicle shall establish probable cause for the	658
law enforcement agency to issue a citation for the violation of	659
division (A) of section 4511.75 of the Revised Code. However, if	660
the identity of the operator of the vehicle at the time of the	661
alleged violation cannot be established, the law enforcement	662
agency shall issue a warning to the owner of the vehicle at the	663
time of the alleged violation, except in the case of a leased or	664
rented vehicle when the warning shall be issued to the lessee at	665
the time of the alleged violation.	666

(2) All alleged violations of division (A) of section 4511.75	667
of the Revised Code or a substantially equivalent municipal	668
ordinance that are captured by a photo-monitoring device as	669
described in division (B)(2) of this section shall be processed	670
solely in accordance with sections 4511.093 to 4511.0912 of the	671
Revised Code.	672

(D) The registrar of motor vehicles and deputy registrars	673
shall, at the time of issuing license plates to any person, shall	674
include with the license plate a summary of the requirements of	675
division (A) of section 4511.75 of the Revised Code and the	676
procedures of, and penalty in, division (F) of section 4511.75 of	677
the Revised Code.	678

Section 2.  That existing sections 1901.20, 4511.093,	679
4511.094, and 4511.751 and section 4511.092 of the Revised Code	680
are hereby repealed.	681