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|
As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 261 |
REPRESENTATIVES HOTTINGER-BATCHELDER-BUCHY-GARCIA-HOUSEHOLDER-
TIBERI-VAN VYVEN-MASON-METELSKY-TAVARES-OLMAN-STAPLETON-HAINES-
AMSTUTZ-CORBIN-CAREY-TERWILLEGER-HARRIS-MYERS-ROMAN-LEWIS-SAWYER-
OGG-KRUPINSKI
A BILL
To amend sections 3937.18 and 4509.101 and to enact section 4509.105
of the Revised Code to permit occupational driving privileges for
first-time violators of the Financial Responsibility Law; and to
modify Ohio's Uninsured and Underinsured Motorists Law by limiting the
insured's right to recover when the owner or operator of the uninsured motor
vehicle has an immunity, by requiring independent corroborative evidence to
recover for injuries caused by an unidentified motorist, and by making other
modifications to the scope of and coverage under the Uninsured and
Underinsured Motorists Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3937.18 and 4509.101 be amended and section
4509.105 of the Revised Code be enacted to read as follows:
Sec. 3937.18. (A) No automobile liability or motor
vehicle liability policy of insurance insuring against loss
resulting from liability imposed by law for bodily injury or
death suffered by any person arising out of the ownership,
maintenance, or use of a motor vehicle shall be delivered or
issued for delivery in this state with respect to any motor
vehicle registered or principally garaged in this state unless
both of the following coverages are provided OFFERED to persons
insured
under the policy for loss due to bodily injury or death suffered
by such persons INSUREDS:
(1) Uninsured motorist coverage, which shall be in an
amount of coverage equivalent to the automobile liability or
motor vehicle liability coverage and shall provide protection for
bodily injury, SICKNESS, or DISEASE, INCLUDING
death under provisions approved by the
superintendent of insurance, for the protection of persons
insured INSUREDS thereunder who are legally entitled to recover
damages
from owners or operators of uninsured motor vehicles because of
bodily injury, sickness, or disease, including death, suffered by
any person insured under the policy.
For purposes of division (A)(1) of this section, a person AN
INSURED
is legally entitled to recover damages if he THE INSURED is able
to prove the
elements of his THE INSURED'S claim that are necessary to
recover damages from
the owner or operator of the uninsured motor vehicle. The fact
that the owner or operator of the uninsured motor vehicle has an
immunity, whether based upon a statute or the common law, UNDER
CHAPTER 2744. of the Revised Code OR A DIPLOMATIC IMMUNITY that could be raised
as a defense in an action
brought against him THE
OWNER OR OPERATOR by
the person insured under uninsured motorist coverage does not
affect the insured person's INSURED'S right to recover under his
uninsured
motorist coverage.
HOWEVER, ANY OTHER TYPE OF STATUTORY OR COMMON LAW IMMUNITY THAT MAY BE A
DEFENSE FOR THE OWNER OR OPERATOR OF AN UNINSURED MOTOR VEHICLE SHALL ALSO BE
A
DEFENSE TO AN ACTION BROUGHT BY THE INSURED TO RECOVER UNDER UNINSURED
MOTORIST
COVERAGE.
(2) Underinsured motorist coverage, which shall be in an
amount of coverage equivalent to the automobile liability or
motor vehicle liability coverage and shall provide protection for
an insured INSUREDS THEREUNDER against loss for bodily injury,
sickness, or disease,
including death, suffered by any person insured under the policy,
where the limits of coverage available for payment to the insured
under all bodily injury liability bonds and insurance policies
covering persons liable to the insured are less than the limits
for the insured's uninsured motorist coverage. Underinsured
motorist coverage is not and shall not be excess insurance to
other applicable liability coverages, and shall be provided only
to afford the insured an amount of protection not greater than
that which would be available under the insured's uninsured
motorist coverage if the person or persons liable were uninsured
at the time of the accident. The policy limits of the
underinsured motorist coverage shall be reduced by those amounts
available for payment under all applicable bodily injury
liability bonds and insurance policies covering persons liable to
the insured.
(B) Coverages offered under division (A) of this section
shall be written for the same limits of liability. No change
shall be made in the limits of one of these coverages without an
equivalent change in the limits of the other coverage.
(C) The A named insured OR APPLICANT may only reject or
accept
both
coverages AS offered under division (A) of this section. The
named
insured, OR may require the issuance of
ALTERNATIVELY SELECT BOTH such coverages for
bodily
injury or death in accordance with a schedule of optional lesser
amounts LIMITS approved by the superintendent, that.
THE SCHEDULE OF LIMITS APPROVED BY THE SUPERINTENDENT
MAY PERMIT A NAMED INSURED OR APPLICANT TO SELECT UNINSURED AND
UNDERINSURED MOTORISTS COVERAGES WITH LIMITS ON SUCH COVERAGES
THAT ARE LESS THAN THE LIMIT ON LIABILITY COVERAGE PROVIDED BY
THE AUTOMOBILE LIABILITY OR MOTOR VEHICLE LIABILITY POLICY OF
INSURANCE UNDER WHICH THE COVERAGES ARE PROVIDED, BUT THE LIMITS
shall be no less
than the limits set forth in section 4509.20 of the Revised Code
for bodily injury or death. Unless the
A NAMED INSURED'S OR APPLICANT'S REJECTION OF BOTH COVERAGES AS
OFFERED UNDER DIVISION (A) OF THIS SECTION, OR A NAMED
INSURED'S OR APPLICANT'S SELECTION OF SUCH COVERAGES IN
ACCORDANCE WITH THE SCHEDULE OF LIMITS APPROVED BY THE
SUPERINTENDENT, SHALL BE IN WRITING AND SHALL BE SIGNED BY THE
NAMED INSURED OR APPLICANT. A NAMED INSURED'S OR APPLICANT'S
WRITTEN, SIGNED REJECTION OF BOTH COVERAGES AS OFFERED UNDER
DIVISION (A) OF THIS SECTION, OR A NAMED INSURED'S OR
APPLICANT'S WRITTEN, SIGNED SELECTION OF SUCH COVERAGES IN ACCORDANCE WITH THE
SCHEDULE OF LIMITS APPROVED BY THE SUPERINTENDENT, SHALL BE
EFFECTIVE ON THE DAY SIGNED, SHALL CREATE A PRESUMPTION OF AN OFFER OF
COVERAGES CONSISTENT WITH DIVISION (A) OF THIS SECTION,
AND SHALL BE BINDING ON ALL OTHER NAMED INSUREDS, INSUREDS, OR
APPLICANTS.
UNLESS A
named insured OR
APPLICANT requests
such coverages in writing, such coverages need not be provided in
or MADE supplemental to a POLICY renewal OR REPLACEMENT
policy where
the A named insured OR APPLICANT has
rejected the SUCH coverages in connection with a policy
previously
issued to him THE NAMED INSURED OR APPLICANT by the same
insurer. If the A named insured OR APPLICANT has
selected uninsured motorist coverage
SUCH COVERAGES in connection with a policy
previously issued to him THE NAMED INSURED OR APPLICANT by the
same insurer, WITH LIMITS IN ACCORDANCE WITH THE SCHEDULE OF LIMITS
APPROVED BY THE SUPERINTENDENT, such coverages
offered under division (A) of this section need not be provided
WITH LIMITS in excess of the limits of the liability previously
issued
for
uninsured motorist coverage SUCH COVERAGES, unless the A
named insured OR
APPLICANT requests in
writing higher limits of liability for such coverages.
(D) For the purpose of this section, a motor vehicle is
SHALL BE DEEMED uninsured if the IN EITHER OF THE FOLLOWING
CIRCUMSTANCES:
(1) THE liability insurer denies coverage or is or
becomes the subject of insolvency proceedings in any
jurisdiction;
(2) THE IDENTITY OF THE OWNER AND OPERATOR OF THE MOTOR VEHICLE
CANNOT BE DETERMINED, BUT INDEPENDENT CORROBORATIVE EVIDENCE EXISTS TO PROVE
THAT THE BODILY INJURY, SICKNESS, DISEASE, OR DEATH OF THE INSURED WAS
PROXIMATELY CAUSED BY THE NEGLIGENCE OR INTENTIONAL ACTIONS OF
THE UNIDENTIFIED OPERATOR OF THE MOTOR VEHICLE. FOR PURPOSES OF
THIS DIVISION, THE TESTIMONY OF ANY INSURED SEEKING RECOVERY
FROM THE INSURER SHALL NOT CONSTITUTE INDEPENDENT CORROBORATIVE
EVIDENCE, UNLESS THE TESTIMONY IS SUPPORTED BY ADDITIONAL
EVIDENCE.
(E) In the event of payment to any person under the
coverages required by OFFERED UNDER this section and subject to
the
terms and
conditions of such coverages, the insurer making such payment to
the extent thereof is entitled to the proceeds of any settlement
or judgment resulting from the exercise of any rights of recovery
of such person against any person or organization legally
responsible for the bodily injury or death for which such payment
is made, including any amount recoverable from an insurer which
is or becomes the subject of insolvency proceedings, through such
proceedings or in any other lawful manner. No insurer shall
attempt to recover any amount against the insured of an insurer
which is or becomes the subject of insolvency proceedings, to the
extent of his THOSE rights against such insurer which such insured
assigns to the paying insurer.
(F) The coverages required by OFFERED UNDER this section shall
not be
made subject to an exclusion or reduction in amount because of
any workers' compensation benefits payable as a result of the
same injury or death.
(G) Any automobile liability or motor vehicle liability
policy of insurance that includes coverages offered under
division (A) of this section
OR SELECTED IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION
may, without regard to any premiums
involved, include terms and conditions that preclude any and all
stacking of such coverages, including but not limited to:
(1) Interfamily stacking, which is the aggregating of the
limits of such coverages by the same person or two or more
persons, whether family members or not, who are not members of
the same household;
(2) Intrafamily stacking, which is the aggregating of the
limits of such coverages purchased by the same person or two or
more family members of the same household.
(H) Any automobile liability or motor vehicle liability
policy of insurance that includes coverages offered under
division (A) of this section
OR SELECTED IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION
and that provides a limit of
coverage for payment for damages for bodily injury, including
death, sustained by any one person in any one automobile
accident, may, notwithstanding Chapter 2125. of the Revised Code,
include terms and conditions to the effect that all claims
resulting from or arising out of any one person's bodily injury,
including death, shall collectively be subject to the limit of
the policy applicable to bodily injury, including death,
sustained by one person, and, for the purpose of such policy
limit shall constitute a single claim. Any such policy limit
shall be enforceable regardless of the number of insureds, claims
made, vehicles or premiums shown in the declarations or policy,
or vehicles involved in the accident.
(I) Nothing in this section shall prohibit the inclusion
of underinsured motorist coverage in any uninsured motorist
coverage provided in compliance with this section.
(J) THE COVERAGES OFFERED UNDER DIVISION (A) OF THIS
SECTION OR SELECTED IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION
MAY INCLUDE TERMS AND CONDITIONS THAT PRECLUDE COVERAGE FOR BODILY INJURY OR
DEATH SUFFERED BY AN INSURED UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
(1) WHILE THE INSURED IS OPERATING OR OCCUPYING A MOTOR VEHICLE OWNED BY,
FURNISHED TO, OR AVAILABLE FOR THE REGULAR USE OF
A NAMED INSURED, A
SPOUSE, OR A RESIDENT RELATIVE OF A NAMED INSURED, IF THE MOTOR VEHICLE IS NOT
SPECIFICALLY IDENTIFIED IN THE POLICY UNDER WHICH A CLAIM IS MADE, OR IS NOT A
NEWLY ACQUIRED OR
REPLACEMENT MOTOR VEHICLE COVERED UNDER THE TERMS OF THE POLICY UNDER WHICH
THE UNINSURED AND UNDERINSURED MOTORIST COVERAGES ARE PROVIDED;
(2) WHILE THE INSURED IS OPERATING OR OCCUPYING A MOTOR VEHICLE WITHOUT A
REASONABLE BELIEF THAT THE INSURED IS ENTITLED TO DO SO, PROVIDED THAT UNDER
NO CIRCUMSTANCES WILL AN INSURED WHOSE LICENSE HAS BEEN SUSPENDED, REVOKED, OR
NEVER ISSUED, BE HELD TO HAVE A REASONABLE BELIEF THAT THE INSURED IS ENTITLED
TO OPERATE A MOTOR VEHICLE;
(3) WHEN THE BODILY INJURY OR DEATH IS CAUSED BY A MOTOR
VEHICLE OPERATED BY ANY PERSON WHO IS SPECIFICALLY EXCLUDED FROM
COVERAGE FOR BODILY INJURY LIABILITY IN THE POLICY UNDER WHICH
THE UNINSURED AND UNDERINSURED MOTORIST COVERAGES ARE PROVIDED.
(K) AS USED IN THIS SECTION, "UNINSURED MOTOR VEHICLE" AND
"UNDERINSURED MOTOR VEHICLE" DO NOT
INCLUDE ANY OF THE FOLLOWING MOTOR VEHICLES:
(1) A MOTOR VEHICLE THAT HAS APPLICABLE
LIABILITY COVERAGE IN THE
POLICY UNDER WHICH THE UNINSURED AND UNDERINSURED MOTORIST COVERAGES ARE
PROVIDED;
(2) A MOTOR VEHICLE OWNED BY, FURNISHED TO, OR AVAILABLE FOR THE
REGULAR USE OF A NAMED INSURED, A SPOUSE, OR A RESIDENT RELATIVE OF A NAMED
INSURED;
(3) A MOTOR VEHICLE OWNED BY A POLITICAL SUBDIVISION, UNLESS THE
OPERATOR OF THE MOTOR VEHICLE HAS AN IMMUNITY
UNDER CHAPTER 2744. OF THE REVISED CODE THAT COULD
BE RAISED AS A DEFENSE IN AN ACTION BROUGHT AGAINST THE OPERATOR
BY THE INSURED;
(4) A MOTOR VEHICLE SELF-INSURED WITHIN THE MEANING OF THE FINANCIAL
RESPONSIBILITY LAW OF THE STATE IN WHICH THE MOTOR VEHICLE IS REGISTERED.
(L) AS USED IN THIS SECTION, "AUTOMOBILE LIABILITY OR MOTOR
VEHICLE LIABILITY POLICY OF INSURANCE" MEANS EITHER OF THE FOLLOWING:
(1) ANY POLICY OF INSURANCE THAT SERVES AS PROOF OF FINANCIAL
RESPONSIBILITY, AS PROOF OF FINANCIAL RESPONSIBILITY IS DEFINED BY DIVISION
(K) OF SECTION 4509.01 of the Revised Code, FOR OWNERS OR OPERATORS OF THE MOTOR
VEHICLES SPECIFICALLY IDENTIFIED IN THE POLICY OF INSURANCE;
(2) ANY UMBRELLA LIABILITY POLICY OF INSURANCE.
Sec. 4509.101. (A)(1) No person shall operate, or permit
the operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout
the registration period with respect to that vehicle, or, in the
case of a driver who is not the owner, with respect to that
person's driver's
operation of that vehicle.
(2) Whoever violates division (A)(1) of this section shall
be subject to the following civil penalties:
(a) Suspension of the person's operating privileges and
impoundment of the person's license until the person complies
with division (A)(5) of this section. The suspension shall be
for a period of not less than ninety days except that if, within
five years of the violation, the person's operating privileges
are again suspended and the person's license is impounded
one or more
times for a violation of division (A)(1) of this section, the
suspension shall be for a period of not less than one year. The
EXCEPT AS PROVIDED BY SECTION 4509.105 of the Revised Code, THE
suspension is not subject to revocation, suspension, or
occupational or other limited operating privileges.
(b) In addition to the suspension of an owner's license
under division (A)(2)(a) of this section, the suspension of the
rights of the owner to register the motor vehicle and the
impoundment of the owner's certificate of registration and
license plates until the owner complies with division (A)(5)
of this section.
(3) A person to whom this state has issued a certificate
of registration for a motor vehicle or a license to operate a
motor vehicle or who is determined to have operated any motor
vehicle or permitted the operation in this state of a motor
vehicle owned by the person shall be required to verify the
existence of proof of financial responsibility covering the
operation of the motor vehicle or the person's operation of the
motor vehicle under any of the following circumstances:
(a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code.
(b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of
this section.
(c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification.
(4) An order of the registrar that suspends and
impounds a license or
registration, or both, shall state the date on or before which
the person is required to surrender the person's license or
certificate of registration and license plates. The person
is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the
order, if the person does either of the following:
(a) On or before the date specified in the order,
personally delivers the license or certificate of registration
and license plates, or causes the delivery of the items, to
the registrar;
(b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container bearing a
postmark showing
a date no later than the date specified in the order.
(5) The registrar shall not restore any operating
privileges or registration rights suspended under this section,
return any license, certificate of registration, or license
plates impounded under this section, or reissue license plates
under section 4503.232 of the Revised Code, if the registrar
destroyed the impounded license plates under that section,
or reissue a license under section 4507.54 of the Revised Code,
if the registrar destroyed the suspended license under that
section, unless the rights are not subject to suspension or
revocation under any other law and unless the person, in addition
to complying with all other conditions required by law for
reinstatement of the operating privileges or registration rights,
complies with all of the following:
(a) Pays a financial responsibility reinstatement fee of
seventy-five dollars for the first violation of division (A)(1)
of this section, two hundred fifty dollars for a second violation
of that division, and five hundred dollars for a third or
subsequent violation of that division;
(b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the order,
pays a financial responsibility nonvoluntary compliance fee in an
amount, not to exceed fifty dollars, determined by the registrar;
(c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code.
(B)(1) shall the defendant's, shall license license license the person's
the person's license the person the person's license the person the person's
in shall license the person's license the person's license, the person's the
person's certificate of license shall license may Every party required to
file an accident report under section 4509.06 of the Revised Code also shall
include with the report a document described in division (G)(1) of this
section.
If the registrar determines, within forty-five days after
the report is filed, that an operator or owner has violated
division (A)(1) of this section, the registrar shall do all of the
following:
(a) Order the impoundment, with respect to the motor
vehicle involved, required under division (A)(2)(b) of this
section, of the certificate of registration and license
plates of any owner who has violated division (A)(1) of this
section;
(b) Order the suspension required under division (A)(2)(a)
of this section of the license of any operator or owner who has
violated division (A)(1) of this section;
(c) Record the name and address of the person whose
certificate of registration and license plates have been
impounded or are under an order of impoundment, or whose license
has been suspended or is under an order of suspension; the serial
number of the that person's license; the serial numbers of
the that person's certificate of
registration and license plates; and the person's social
security account number, if assigned, or, where the motor vehicle
is used for hire or principally in connection with any
established business, the person's federal taxpayer
identification number. The information shall be recorded in such
a manner that it becomes a part of the person's permanent record,
and assists the registrar in monitoring compliance with the
orders of suspension or impoundment.
(d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on
the records of the bureau. The person, within ten days
after the date of the mailing of the notification, shall surrender to
the registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension.
(2) The registrar shall issue any order under division
(B)(1) of this section without a hearing. Any person
adversely
affected by the order, within ten days after the issuance of
the order, may request an administrative hearing before the
registrar, who shall provide the person with an opportunity for a
hearing in accordance with this paragraph. A request for a
hearing does not operate as a suspension of the order. The scope
of the hearing shall be limited to whether the person in fact
demonstrated to the registrar proof of financial responsibility
in accordance with this section. The registrar shall determine
the date, time, and place of any hearing, provided that the
hearing shall be held, and an order issued or findings made,
within thirty days after the registrar receives a request for a
hearing. If requested by the person in writing, the registrar
may designate as the place of hearing the county seat of the
county in which the person resides or a place within fifty miles
of the person's residence. The person shall pay the cost of the
hearing before the registrar, if the registrar's order of
suspension or impoundment is upheld.
(C) Any order of suspension or impoundment issued under
this section or division (B) of section 4509.37 of the Revised
Code may be terminated at any time if the registrar determines
upon a showing of proof of financial responsibility that the
operator or owner of the motor vehicle was in compliance with
division (A)(1) of this section at the time of the traffic
offense, motor vehicle inspection, or accident that
resulted in
the order against the person. A determination may be made
without a hearing. This division does not apply unless the
person shows good cause for the person's failure to present
satisfactory proof of financial responsibility to the
registrar prior to the issuance of the order.
(D)(1) For the purpose of enforcing this section, every
peace officer is deemed an agent of the registrar. Any peace
officer who, in the performance of the peace officer's duties as
authorized by
law, becomes aware of a person whose license is under an order of
suspension, or whose certificate of registration and license
plates are under an order of impoundment, pursuant to this
section, may confiscate the license, certificate of
registration, and license plates, and return them to the
registrar.
(2) A peace officer shall request the owner or operator of
a motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the
time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code.
(3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section.
The
peace officer shall inform every person who receives a traffic
ticket and who has failed to produce proof of
the
maintenance of financial responsibility that the person
must submit proof to the traffic violations bureau with any payment of a
fine and costs for the ticketed violation or, if the person is to
appear in court for the
violation, the person must submit proof
to the court.
(4)(a) If a person who has failed to produce proof
of
the maintenance of financial responsibility appears in court for a ticketed
violation, the court may permit the defendant to present
evidence
of proof of financial responsibility to the court at such time
and in such manner as the court determines to be necessary or
appropriate. The clerk of courts shall provide the registrar
with the identity of any person who fails to submit proof of the
maintenance of financial responsibility pursuant to division
(D)(3) of this section this this.
(b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that proof to the
traffic violations bureau with payment of a fine and costs for the ticketed
violation, the traffic violations bureau shall notify the registrar of the
identity of that person.
(5)(a) Upon receiving notice from a clerk of courts or traffic
violations bureau pursuant to division (D)(4) of this section,
the registrar shall notify the person
that the person must present the registrar with proof of financial
responsibility in accordance with this section, surrender to the
registrar the person's certificate of registration, registration
LICENSE plates,
and license, or submit a statement subject to section 2921.13 of
the Revised Code that the person did not operate or permit
the operation
of the motor vehicle at the time of the offense and, if a court appearance was
required, did not
fail to appear in court on the charge of the traffic offense. Notification
shall be in writing and shall be sent to the person at the person's
last known address as shown on the records of the bureau of motor
vehicles. The person, within fifteen days after the date
of the mailing of notification, shall present proof of financial
responsibility, surrender the certificate of registration,
registration LICENSE plates, and license to the registrar in a
manner set
forth in division (A)(4) of this section, or submit the statement
required under this section together with other information the
person considers appropriate. The registrar shall make an
investigation to determine, upon the basis of the statement and
information submitted by the person and other evidence that the
registrar may require from the person or discover in the course
of the investigation, whether there is a reasonable basis for
believing that the person operated or permitted the operation
of the motor vehicle at the time of the traffic offense without
the operation being covered by proof of financial responsibility.
If the registrar determines that a reasonable basis exists, the
registrar shall afford the person an opportunity for hearing,
after due notice of the time and place for hearing given to the
person in accordance with the provisions of this section, to
determine whether the person has violated division (A) of this
section.
If the registrar does not receive proof, the person has not
surrendered the certificate of registration, registration
LICENSE plates,
and license, in accordance with this division, or the registrar
determines, after hearing, that the person operated or
permitted the operation in this state of a motor vehicle and has
failed to demonstrate proof of financial responsibility as
required under this section, the registrar shall order the
immediate suspension of the license of the person required under
division (A)(2)(a) of this section and the
impoundment of the person's
certificate of registration and registration LICENSE plates
required
under division (A)(2)(b) of this section.
(b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility but fails to demonstrate proof of financial
responsibility to the satisfaction of the registrar, the
registrar shall order the immediate suspension of the person's license
required under division (A)(2)(a) of this section and
the
impoundment of the registration and registration LICENSE plates
required
under division (A)(2)(b) of this section and shall
send written
notification to the person, at the person's last known address
as shown on the records of the bureau. The person, within
ten days after the date of the mailing of the notification, shall
surrender to the registrar, in a manner set forth in division
(A)(4) of this section, any certificate of registration and
registration LICENSE plates under an order of impoundment, or
any
license
under an order of suspension.
(c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of
this section,
within ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide
the person with an opportunity for a hearing in accordance with
this paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be
limited to whether the person in fact demonstrated to the
registrar proof of financial responsibility in accordance with
this section. The registrar shall determine the date, time, and
place of any hearing; provided, that the hearing shall be held,
and an order issued or findings made, within thirty days after
the registrar receives a request for a hearing. If requested by
the person in writing, the registrar may designate as the place
of hearing the county seat of the county in which the person
resides or a place within fifty miles of the person's residence.
Such person shall pay the cost of the hearing before the
registrar, if the registrar's order of suspension or impoundment
under division (D)(5)(a) or (b) of this section is upheld.
(6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of division (B)(1) of section
4507.02 of the Revised Code when the owner or operator fails to
show proof of the maintenance of financial responsibility
pursuant to a peace officer's request under division (D)(2)
of this section, if a check of the owner or operator's driving
record indicates that the owner or operator, at the time of the
operation of the motor vehicle, is required to file and maintain
proof of financial responsibility under section 4509.45 of the
Revised Code for a previous violation of this chapter.
(7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid for by the
registrar.
(8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action
for damages or loss to persons arising out of the performance of
any duty required or authorized by this section.
(9) As used in this division and divisions
(E) and (G) of
this section, "peace officer" has the meaning set forth in
section 2935.01 of the Revised Code.
(E) All fees, except court costs, collected under this
section shall be paid into the state treasury to the credit of
the financial responsibility compliance fund. The financial
responsibility compliance fund shall be used exclusively to cover
costs incurred by the bureau in the administration of this
section and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, and by any law enforcement agency employing any
peace officer who returns any license, certificate of
registration, and license plates to the registrar pursuant
to division (C) of this section, except that the director
of
budget and management may transfer excess money from the
financial responsibility compliance fund to the state
bureau of motor vehicles fund if the registrar determines that the amount of
money
in the financial responsibility compliance fund exceeds the
amount required to cover such costs incurred by the bureau or a
law enforcement agency and requests the director to make the
transfer.
All investment earnings of the financial responsibility
compliance fund shall be credited to the fund.
(F) Chapter 119. of the Revised Code applies to this
section only to the extent that any provision in that chapter is
not clearly inconsistent with this section.
(G)(1) The registrar, court, traffic violations
bureau, or peace officer may require
proof of financial responsibility to be demonstrated by use of a
standard form prescribed by the registrar. If the use of a
standard form is not required, a person may demonstrate proof of
financial responsibility under this section by presenting to the
traffic violations bureau, court, registrar, or peace officer
any of the following documents
or a copy of the documents:
(a) A financial responsibility identification card as
provided in section 4509.104 of the Revised Code;
(b) A certificate of proof of financial responsibility on
a form provided and approved by the registrar for the filing of
an accident report required to be filed under section 4509.06 of
the Revised Code;
(c) A policy of liability insurance, a declaration page of
a policy of liability insurance, or liability bond, if the policy
or bond complies with section 4509.20 or sections 4509.49 to
4509.61 of the Revised Code;
(d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code;
(e) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;
(f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of
this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate.
(3) A motor carrier certificated by the interstate
commerce commission or by the public utilities commission may
demonstrate proof of financial responsibility by providing a
statement designating the motor carrier's operating authority and
averring that the insurance coverage required by the
certificating authority is in full force and effect.
(4)(a) A finding by the registrar or court that a person
is covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section.
(b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following:
(i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives;
(ii) Constitute an admission of the existence of, or of
any liability or coverage under, any policy or bond;
(iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility.
(c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous
contrary finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section.
(H) In order for any document described in division
(G)(1)(b) of this section to be used for the demonstration
of
proof of financial responsibility under this section, the
document shall state the name of the insured or obligor, the name
of the insurer or surety company, and the effective and
expiration dates of the financial responsibility, and designate
by explicit description or by appropriate reference all motor
vehicles covered which may include a reference to fleet insurance
coverage.
(I) For purposes of this section, "owner" does not include
a licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised Code.
Nothing in this section or in section 4509.51 of the Revised Code shall be
construed to prohibit a motor vehicle renting dealer
from entering into a contractual agreement with a person whereby
the person renting the motor vehicle agrees to be solely responsible for
maintaining proof of
financial responsibility, in accordance with this section, with
respect to the operation, maintenance, or use of the motor vehicle during the
period
of the motor vehicle's rental.
(J) The purpose of this section is to require the
maintenance of proof of financial responsibility with respect to
the operation of motor vehicles on the highways of this state, so
as to minimize those situations in which persons are not
compensated for injuries and damages sustained in motor vehicle
accidents. The general assembly finds that this section contains
reasonable civil penalties and procedures for achieving this
purpose.
(K) Nothing in this section shall be construed to be
subject to section 4509.78 of the Revised Code.
(L) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain
proof of financial responsibility and provisions relating to
reinstatement of registration rights, acceptable forms of proof
of financial responsibility, and verification of the existence of
financial responsibility during the period of registration.
Sec. 4509.105. (A) ANY PERSON WHOSE
OPERATING PRIVILEGES HAVE BEEN SUSPENDED FOR A VIOLATION OF
DIVISION (A)(1) OF SECTION
4509.101 OF THE REVISED
CODE, WHICH SUSPENSION
SERIOUSLY AFFECTS THE PERSON'S ABILITY TO CONTINUE EMPLOYMENT,
MAY PETITION THE REGISTRAR OF MOTOR VEHICLES FOR OCCUPATIONAL
DRIVING PRIVILEGES. THE PERSON SEEKING OCCUPATIONAL DRIVING
PRIVILEGES SHALL FILE PROOF OF FINANCIAL RESPONSIBILITY WITH THE
PETITION.
(B) UPON RECEIVING A
PETITION PURSUANT TO DIVISION
(A) OF THIS SECTION, THE
REGISTRAR SHALL GRANT THE PETITIONER OCCUPATIONAL DRIVING
PRIVILEGES IF THE REGISTRAR DETERMINES ALL OF THE
FOLLOWING:
(1) THE PETITIONER HAS FILED CURRENT PROOF OF FINANCIAL
RESPONSIBILITY WITH THE REGISTRAR;
(2) THE PETITIONER HAS NOT PREVIOUSLY HAD OPERATING
PRIVILEGES SUSPENDED FOR A VIOLATION OF DIVISION
(A)(1) OF SECTION 4509.101 OF THE
REVISED
CODE;
(3) THE PETITIONER HAS NOT HAD A LICENSE OR COMMERCIAL
DRIVER'S LICENSE SUSPENDED WITHIN THE PREVIOUS FIVE YEARS FOR
REPEATED TRAFFIC OFFENSES PURSUANT TO DIVISION
(K) OF SECTION 4507.021 OF THE
REVISED
CODE;
(4) THE PETITIONER HAS NOT BEEN CONVICTED OF ANY CRIMINAL
OR TRAFFIC VIOLATION WITHIN THE PREVIOUS FIVE YEARS FOR WHICH
SIX POINTS ARE ASSESSED UNDER THE FORMULA PROVIDED IN DIVISION
(G) OF SECTION 4507.021 OF THE
REVISED
CODE;
(5) THE PETITIONER'S LICENSE IS NOT SUBJECT TO SUSPENSION
FOR ANY OTHER REASON;
(6) THE PETITIONER HAS PAID OR SECURED ALL DAMAGES CAUSED
WHILE DRIVING WITHOUT PROOF OF FINANCIAL RESPONSIBILITY;
(7) THE PETITIONER HAS PAID ALL APPLICABLE FINANCIAL
RESPONSIBILITY REINSTATEMENT FEES OR FINANCIAL RESPONSIBILITY
NONVOLUNTARY COMPLIANCE FEES.
(C) THE OCCUPATIONAL
DRIVING PRIVILEGES GRANTED PURSUANT TO DIVISION
(B) OF THIS SECTION SHALL NOT
BE GRANTED DURING THE FIRST FIFTEEN DAYS OF THE PETITIONER'S
LICENSE SUSPENSION.
(D) IF A PERSON'S
LICENSE PLATES HAVE BEEN SURRENDERED OR IMPOUNDED PURSUANT TO
SECTION 4509.101 OF THE REVISED
CODE, THE REGISTRAR SHALL MAKE
REPLACEMENT LICENSE PLATES AVAILABLE UPON GRANTING OCCUPATIONAL
DRIVING PRIVILEGES PURSUANT TO DIVISION
(B) OF THIS SECTION.
(E) A PERSON GRANTED
OCCUPATIONAL DRIVING PRIVILEGES PURSUANT TO THIS SECTION SHALL
CONTINUOUSLY MAINTAIN PROOF OF FINANCIAL RESPONSIBILITY WITH THE
REGISTRAR FOR A PERIOD OF FIVE YEARS FOLLOWING THE GRANT OF
OCCUPATIONAL DRIVING PRIVILEGES.
(F) THE PETITION FILED
PURSUANT TO DIVISION (A) OF
THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE
REGISTRAR.
Section 2. That existing sections 3937.18 and 4509.101 of the
Revised Code are hereby repealed.
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