Bill Analysis

Legislative Service Commission

LSC Analysis of House Bill

UPDATED VERSION*

 

 

Sub. H.B. 50

128th General Assembly

(As Passed by the General Assembly)

 

Reps.     Domenick, B. Williams, Harris, Huffman, Brown, Murray, Oelslager, Okey, Bolon, Winburn, Harwood, Phillips, Hottinger, McGregor, Bacon, Balderson, Batchelder, Blair, Boose, Boyd, Bubp, Burke, Carney, Combs, DeBose, Derickson, Dyer, Evans, Fende, Garland, Garrison, Gerberry, Goyal, Grossman, Hackett, Hagan, Heard, Lehner, Letson, Luckie, Mallory, Martin, McClain, Moran, Morgan, Patten, Pillich, Pryor, Ruhl, Sayre, Sears, Slesnick, Snitchler, Stebelton, Stewart, Uecker, Wachtmann, Weddington, S. Williams, Yuko, Zehringer

Sens.     Turner, Fedor, Buehrer, Harris, Hughes, D. Miller, Morano, Patton, Sawyer, Schiavoni, Strahorn, Wagoner, Smith

Effective date:  September 8, 2010

ACT SUMMARY

·         Requires that the certificates of registration issued by the Registrar of Motor Vehicles include a portion that contains all of the information of the main portion except the address of the person to whom the Registrar issues the certificate.

·         Establishes a general prohibition against any pilot carrying passengers in an aircraft unless the pilot has a certificate issued by the United States that authorizes the holder to carry passengers and the pilot is carrying any passengers in accordance with the applicable certificate requirements.

CONTENT AND OPERATION

Certificates of registration

(R.C. 4503.19)

Under law generally retained by the act, upon registration of a motor vehicle, the Registrar of Motor Vehicles must issue to the owner of the motor vehicle the appropriate number of license plates with validation stickers, or just the appropriate number of validation stickers if no new license plate is needed, and a certificate of registration.  The certificate of registration is in the form the Registrar prescribes, but the specific content for the certificate of registration is not established by law.

The act essentially requires that the certificate of registration issued by the Registrar have two parts:  a main portion and a portion that contains all of the information of the main portion except the address of the person to whom the Registrar issues the certificate.

The act additionally provides clarification concerning the meaning of references to the certificate of registration.  Under the act, if Ohio law refers to a motor vehicle certificate of registration, the reference is to either the main portion of the certificate or the portion containing all information in the main portion except the person's address.  However, if Ohio law refers specifically to the seizure or surrender of a motor vehicle certificate of registration, the reference refers to both the main portion and the portion without the person's address.

Pilot certification to carry passengers

(R.C. 4561.15)

With specified exceptions for military and governmental aircraft, it was a violation under prior law for any person to "[c]arry passengers in an aircraft unless the person piloting the aircraft is a holder of a valid airperson's certificate of competency in the grade of private pilot or higher issued by the United States. . . ."  This provision incorporated the six pilot certificate grades established under federal law (in ascending order:  student, sport, recreational, private, commercial, and airline transport), each of which has specified privileges and limits (14 C.F.R. Part 61).  Violation of this prohibition was punishable by a fine of not more than $500, imprisonment for not more than six months, or both.

The act eliminates the specific reference to "the grade of private pilot or higher" and replaces it with a general prohibition against a person carrying passengers in an aircraft unless the person has a certificate issued by the United States that authorizes the holder to carry passengers; the act further requires the person to carry any passengers in accordance with the applicable certificate requirements.  For example, under federal law, the holder of a sport pilot certificate may carry only one passenger, not for compensation, and only during the day (14 C.F.R. § 61.315).  The act retains the penalties described above.

HISTORY

ACTION

DATE

 

 

Introduced

02-24-09

Reported, H. Insurance

05-06-09

Passed House (97-0)

05-20-09

Reported, S. Highways & Transportation

05-20-10

Passed Senate (33-0)

05-26-10

House concurred in Senate amendments (95-1)

05-27-10

 

 

 

10-hb50-updated-128.docx/ks



* This version updates the effective date of the act.