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|
As Introduced
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 213 |
SENATORS OELSLAGER-SUHADOLNIK-LATTA
A BILL
To amend sections 3937.41, 4503.181, 4506.01, 4506.02, 4506.11,
4507.13, 4507.50, 4507.51, 4507.52, 4509.01, 4511.091, and
4511.195 and to enact sections 4501.31, 4506.25, and 4506.26 of
the Revised Code to modify the types of employment-related
accidents that insurers are prohibited from considering with
regard to an applicant's or policyholder's private automobile
insurance policy; to prohibit temporary instruction permits,
driver's licenses, commercial driver's licenses, and state
identification cards from displaying the holder's Social
Security number unless such display is requested by the holder
or is required by federal law; to permit a disabled
veteran who has a service-connected disability rated at 100% by
the Veterans' Administration to apply to the Registrar of Motor
Vehicles or a deputy registrar for the issuance of a state
identification card or a temporary identification card without
payment of any fee; to permit historical license plates issued
to a person's historical motor vehicle to be transferred to
another historical motor vehicle owned by that person; to modify
the provisions relating to out-of-service orders issued to
holders of commercial driver's licenses; to modify the
definition of "owner" of a motor vehicle for purposes of the
Financial Responsibility Law; to permit a law enforcement
officer who observes the operator of a motor vehicle commit one
of certain specified moving violations to radio another law
enforcement officer with information to enable that law
enforcement officer to arrest the operator or issue a citation
for the violation; to provide that a warning relating to a
possible fine that must be included in the written notice that
is given to the operator of a vehicle who is arrested for OMVI
or the owner of such a vehicle because the vehicle may be
subject to future impoundment or forfeiture, instead be given to
the person in court; to require the Director of Budget and
Management to transfer certain moneys into the Highway Safety
Federal Reimbursement Fund; and to maintain the provisions of
this act on and after January 1, 1999, by amending the version
of section 4507.13 of the Revised Code that takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3937.41, 4503.181, 4506.01, 4506.02,
4506.11, 4507.13, 4507.50, 4507.51, 4507.52,
4509.01, 4511.091, and 4511.195 be amended and sections 4501.31,
4506.25, and 4506.26 of the Revised Code be enacted to read as
follows:
Sec. 3937.41. (A) As used in this section:
(1) "Ambulance" has the same meaning as in section 4765.01
of the Revised Code and also includes private ambulance companies
under contract to a municipal corporation, township, or county.
(2) "Emergency vehicle" means any of the following:
(a) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a municipal,
township, or county department or public utility corporation and
that is identified as such as required by law, the director of
public safety, or local authorities;
(b) Any motor vehicle, as defined in section 4511.01 of
the Revised Code, when commandeered by a police officer;
(c) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a qualified
nonprofit corporation police department established pursuant to
section 1702.80 of the Revised Code and that is identified as an
emergency vehicle;
(d) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a proprietary
police department or security department of a hospital operated
by a public hospital agency or a nonprofit hospital agency that
employs police officers under section 4973.17 of the Revised
Code, and that is identified as an emergency vehicle.
(3) "Fire fighter FIREFIGHTER" means any regular, paid, member
of a
lawfully constituted fire department of a municipal corporation
or township.
(4) "Law enforcement officer" means a sheriff, deputy
sheriff, constable, marshal, deputy marshal, municipal or
township police officer, state highway patrol trooper, police
officer employed by a qualified nonprofit police department
pursuant to section 1702.80 of the Revised Code, or police
officer employed by a proprietary police department or security
department of a hospital operated by a public hospital agency or
nonprofit hospital agency pursuant to section 4973.17 of the
Revised Code.
(5) "Motor vehicle accident" means any accident involving
a motor vehicle which results in bodily injury to any person, or
damage to the property of any person.
(B) No insurer shall consider the circumstance that an
applicant or policyholder has been involved in a motor vehicle
accident while in the pursuit of the applicant's or
policyholder's official duties as a law
enforcement officer, fire fighter FIREFIGHTER, or operator of an
emergency
vehicle or ambulance, or while operating a vehicle engaged in mowing or
snow
and
ice removal as a county, township, or department of transportation
employee,
OR WHILE OPERATING A VEHICLE WHILE ENGAGED IN THE PURSUIT
OF THE APPLICANT'S OR POLICYHOLDER'S OFFICIAL DUTIES AS A MEMBER
OF THE COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT UNIT OF THE
STATE HIGHWAY PATROL,
as a basis for doing either of the following:
(1) Refusing to issue or deliver a policy of insurance
upon a private automobile, or increasing the rate to be charged
for such a policy;
(2) Increasing the premium rate, canceling, or failing to
renew an existing policy of insurance upon a private automobile.
(C) Any applicant or policyholder affected by an action of
an insurer in violation of this section may appeal to the
superintendent of insurance. After a hearing held upon not less
than ten days' notice to the applicant or policyholder and to the
insurer and if the superintendent determines that the insurer
has violated this
section, the superintendent may direct the issuance of a policy,
decrease the premium rate on a policy, or reinstate insurance
coverage.
(D) The employer of the law enforcement officer, fire
fighter FIREFIGHTER, or operator of an emergency vehicle or
ambulance, or
operator of a vehicle engaged in
mowing or snow and ice removal,
OR OPERATOR OF A VEHICLE WHO IS A MEMBER OF THE COMMERCIAL
MOTOR VEHICLE SAFETY ENFORCEMENT
UNIT,
except as otherwise provided in
division (F) of this section,
shall certify to the state highway patrol or law enforcement
agency that investigates the accident whether the officer, fire fighter
FIREFIGHTER,
or operator of an emergency vehicle or ambulance, or
operator of a vehicle engaged in
mowing or snow and ice removal, OR OPERATOR OF A VEHICLE WHO IS A
MEMBER OF THE COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT
UNIT,
was engaged in the performance of
the person's official duties
as such
employee at the time of the accident. The employer shall
designate an official authorized to make the certifications. The state
highway patrol or law enforcement agency shall include the
certification in any report of the accident forwarded to the
department of public safety pursuant to sections 5502.11 and
5502.12 of the Revised Code and shall forward the certification
to the department if received after the report of the accident
has been forwarded to the department. The registrar of motor
vehicles shall not include an accident in a certified abstract of
information under division (A) of section 4509.05 of the Revised
Code, if the person involved has been so certified as having been
engaged in the performance of the person's official duties
at the time of
the accident.
(E) Division (B) of this section does not apply to an
insurer whose policy covers the motor vehicle at the time the
motor vehicle is involved in an accident described in division
(B) of this section.
(F) Division (B) of this section does not apply if an
applicant or policyholder, on the basis of the applicant's or
policyholder's involvement in an
accident described in that division, is convicted of or pleads
guilty or no contest to a violation of section 4511.19 of the
Revised Code; of a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse; or of a municipal ordinance relating
to operating a vehicle with a prohibited concentration of alcohol
in the blood, breath, or urine, or other bodily substance.
Sec. 4501.31. (A) UNLESS REQUIRED BY FEDERAL LAW OR REQUESTED BY
THE PERSON, NO DRIVER'S LICENSE, COMMERCIAL DRIVER'S
LICENSE, TEMPORARY INSTRUCTION PERMIT, OR IDENTIFICATION CARD ISSUED BY THE
REGISTRAR OF MOTOR VEHICLES OR ANY DEPUTY REGISTRAR ON OR AFTER THE EFFECTIVE
DATE OF THIS SECTION SHALL DISPLAY THE SOCIAL SECURITY NUMBER OF
THE PERSON TO WHOM THE LICENSE, PERMIT, OR CARD IS ISSUED.
(B) FOR PURPOSES OF COMPLIANCE WITH SUBPARAGRAPH(b)(1)(B) OF SECTION 656 OF PUBLIC
LAW NO. 104-208, AS STATUTORILY NOTED UNDER 5
U.S.C.A. 301, THE REGISTRAR SHALL DO BOTH
OF THE FOLLOWING:
(1) REQUIRE EVERY APPLICANT FOR A DRIVER'S LICENSE, TEMPORARY INSTRUCTION
PERMIT, COMMERCIAL DRIVER'S LICENSE, OR IDENTIFICATION CARD TO SUBMIT THE
APPLICANT'S SOCIAL SECURITY NUMBER, IF ONE HAS BEEN ASSIGNED;
(2) VERIFY THAT THE NUMBER IS VALID.
Sec. 4503.181. (A) As used in this section, "historical
motor vehicle" means any motor vehicle that is more than
twenty-five years old and that is owned solely as a collector's item and for
participation
in club activities, exhibitions, tours, parades, and similar
uses, but in no event is used for general transportation.
(B) In lieu of the annual license tax levied in sections
4503.02 and 4503.04 of the Revised Code, a license fee of
ten
dollars is levied on the operation of an historical motor
vehicle.
(C) A person who owns an historical motor
vehicle and applies for license plates
under this section shall execute an affidavit that the vehicle
for which plates are requested is owned and operated solely for
the purposes enumerated in division (A) of this section, and also
setting forth in the affidavit that the vehicle has been
inspected and found safe to operate on the public roads and highways
in the state. A person who owns an
historical motor vehicle who AND desires to display
model year license plates on the vehicle as permitted by this
section shall execute at the time of registration an affidavit
setting forth that the model year license plates the person
desires to
display on the person's historical motor vehicle are legible
and serviceable license plates that originally were
issued by this state. No registration issued pursuant to this section need
specify the weight of the vehicle.
(D) A vehicle registered under this section may display
historical vehicle license plates issued by the registrar of
motor vehicles or model year license plates procured by the
applicant. Historical vehicle license plates shall NOT bear no
A date, but
shall bear the inscription "Historical Vehicle--Ohio" and
the registration number, which shall be shown thereon. Model year
license plates shall be legible and serviceable license plates
issued by this state and inscribed with the date of the year
corresponding to the model year when the vehicle was
manufactured. Notwithstanding section 4503.21 of the Revised
Code, only one model year license plate is required to be
displayed on the rear of the historical motor vehicle at all
times. The registration certificate AND THE HISTORICAL VEHICLE LICENSE
PLATES ISSUED BY THE REGISTRAR shall be kept in the vehicle
at all times the vehicle is operated on the public
roads and highways in this state.
Notwithstanding section 4503.21 of the Revised Code, the
owner of an historical motor vehicle that was manufactured for
military purposes and that is registered under this section may
display the assigned registration number of the vehicle by
painting the number on the front and rear of the vehicle. The
number shall be painted, in accordance with the size and style
specifications established for numerals and letters shown on
license plates in section 4503.22 of the Revised Code, in a color
that contrasts clearly with the color of the vehicle, and shall
be legible and visible at all times. Upon application for
registration under this section and payment of the license fee
prescribed in division (B) of this section, the owner of such an historical
motor vehicle shall be issued historical vehicle license plates. The
registration certificate and at least one
such license plate shall be kept in the vehicle at all times the
vehicle is operated on the public roads
and highways in this state. If
ownership of such a vehicle is transferred, the
transferor shall surrender the historical vehicle license plates
OR TRANSFER THEM TO ANOTHER HISTORICAL MOTOR VEHICLE THE TRANSFEROR
OWNS, and remove or obliterate the registration numbers painted on
the
vehicle.
(E) Historical vehicle and model year license plates are valid without
renewal
as long as the vehicle for which they were
issued or procured is in existence. The historical HISTORICAL
vehicle plates
are issued for the applicant's OWNER'S use only for such
vehicle
UNLESS LATER TRANSFERRED TO ANOTHER HISTORICAL MOTOR
VEHICLE OWNED BY THAT PERSON. IN ORDER TO EFFECT SUCH A
TRANSFER, THE OWNER OF THE HISTORICAL MOTOR VEHICLE THAT
ORIGINALLY DISPLAYED THE HISTORICAL VEHICLE PLATES SHALL COMPLY
WITH DIVISION (C) OF THIS
SECTION. In the event of a transfer of title, the transferor
shall surrender historical vehicle license plates
OR TRANSFER THEM TO ANOTHER HISTORICAL MOTOR VEHICLE OWNED
BY THE TRANSFEROR, but model
year
license plates may be retained by the transferor. The registrar
of motor vehicles may revoke license plates issued under this
section, for cause shown and after hearing, for failure of the
applicant to comply with this section. Upon revocation,
historical vehicle license plates shall be surrendered;
model year license plates may be retained, but no longer are
valid for display on the vehicle.
(F) The owner of an historical motor vehicle bearing
historical vehicle license plates may replace them with model
year license plates by surrendering the historical vehicle
license plates and motor vehicle certificate of registration to
the registrar. The owner, at the time of registration,
shall execute an affidavit setting forth that the model year plates are
legible and serviceable license plates that originally were issued
by this state. Such an owner is required to pay the
license fee prescribed by division (B) of this section, but
the
owner is not required to have the historical motor vehicle reinspected
under division (C) of this section.
A person who owns an historical motor vehicle
bearing model year
license plates may replace them with historical vehicle license
plates by surrendering the motor vehicle certificate of
registration and applying for issuance of historical vehicle
license plates. Such a person is required to pay the
license fee prescribed by division (B) of this section, but
the person is not required to have the historical motor
vehicle reinspected under division (C) of this section.
Sec. 4506.01. As used in this chapter:
(A) "Alcohol concentration" means the concentration of
alcohol in a person's blood, breath, or urine. When expressed as
a percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of blood;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(B) "School bus" has the same meaning as in section
4511.01 of the Revised Code.
(C) "Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to
drive a commercial motor vehicle.
(D) "Commercial driver license information system" means
the information system established pursuant to the requirements
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. 2701.
(E) "Commercial
EXCEPT WHEN USED IN SECTION 4506.25 OF THE
REVISED
CODE, "COMMERCIAL
motor vehicle" means any motor vehicle
designed or used to transport persons or property that meets any
of the following qualifications:
(1) Any combination of vehicles with a combined gross
vehicle weight rating of twenty-six thousand one pounds or more,
provided the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight rating
of twenty-six thousand one pounds or more, or any such vehicle
towing a vehicle having a gross vehicle weight rating that is not
in excess of ten thousand pounds;
(3) Any single vehicle or combination of vehicles that is
not a class A or class B vehicle, but that either is designed to
transport sixteen or more passengers including the driver, or is
placarded for hazardous materials;
(4) Any school bus with a gross
vehicle weight rating of less than twenty-six thousand one pounds
that is designed to transport fewer than sixteen passengers
including the driver;
(5) Is transporting hazardous materials for which
placarding is required by regulations adopted under the
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A. 1801, as amended;
(6) Any single vehicle or combination of vehicles that is designed to be
operated and to travel on a public street or highway and is considered by the
federal highway administration to be a commercial motor vehicle, including,
but not limited to, a motorized crane, a vehicle whose function is to pump
cement, a rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following:
(1) Any substance classified as a controlled substance
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A. 802(6), as amended;
(2) Any substance included in schedules I through V of 21
C.F.R. part 1308, as amended;
(3) Any drug of abuse.
(G) "Conviction" means an unvacated adjudication of guilt
or a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction, an unvacated forfeiture of
bail or
collateral deposited to secure the person's appearance in court,
the payment of a fine or court cost, or violation of a condition
of release without bail, regardless of whether or not the penalty
is rebated, suspended, or probated.
(H) "Disqualification" means withdrawal of the privilege
to drive a commercial motor vehicle.
(I) "Drive" means to drive, operate, or be in physical
control of a motor vehicle.
(J) "Driver" means any person who drives, operates, or is
in physical control of a commercial motor vehicle or is required
to have a commercial driver's license.
(K) "Driver's license" means a license issued by the
bureau of motor vehicles that authorizes an individual to drive.
(L) "Drug of abuse" means any controlled substance,
dangerous drug as defined in section 4729.02 of the Revised Code,
or over-the-counter medication that, when taken in quantities
exceeding the recommended dosage, can result in impairment of
judgment or reflexes.
(M) "Employer" means any person, including the federal
government, any state, and a political subdivision of any state,
that owns or leases a commercial motor vehicle or assigns a
person to drive such a motor vehicle.
(N) "Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person
to operate a specified type of commercial motor vehicle.
(O) "Felony" means any offense under federal or state law
that is punishable by death or specifically classified as a
felony under the law of this state, regardless of the penalty
that may be imposed.
(P) "Foreign jurisdiction" means any jurisdiction other
than a state.
(Q) "Gross vehicle weight rating" means the value
specified by the manufacturer as the maximum loaded weight of a
single or a combination vehicle. The gross vehicle weight rating
of a combination vehicle is the gross vehicle weight rating of
the power unit plus the gross vehicle weight rating of each towed
unit.
(R) "Hazardous materials" means materials identified as
such under regulations adopted under the "Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as
amended.
(S) "Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.
(T) "Out-of-service
EXCEPT WHEN USED IN SECTIONS 4506.25 AND 4506.26 OF THE
REVISED
CODE, "OUT-OF-SERVICE
order" means a temporary prohibition
against driving a commercial motor vehicle issued under this
chapter or a similar law of another state or of a foreign
jurisdiction.
(U) "Residence" means any person's residence determined in
accordance with standards
prescribed in rules adopted by the registrar.
(V) "Temporary residence" means residence on a temporary basis as
determined by the registrar in accordance with standards prescribed in rules
adopted by the registrar.
(W) "Serious traffic violation" means a conviction arising
from the operation of a commercial motor vehicle that involves
any of the following:
(1) A single charge of any speed that is in excess of the
posted speed limit by an amount specified by the United States
secretary of transportation and that the director of public
safety designates as such by rule;
(2) Violation of section 4511.20, 4511.201, or 4511.202 of
the Revised Code or any similar ordinance or resolution, or of
any similar law of another state or political subdivision of
another state;
(3) Violation of a law of this state or an ordinance or
resolution relating to traffic control, other than a parking
violation, or of any similar law of another state or political
subdivision of another state, that results in a fatal accident;
(4) Violation of any other law of this state or an
ordinance or resolution relating to traffic control, other than a
parking violation, that is determined to be a serious traffic
violation by the United States secretary of transportation and
the director designates as such by rule.
(X) "State" means a state of the United States and
includes the District of Columbia.
(Y) "Tank vehicle" means any commercial motor vehicle that
is designed to transport any liquid or gaseous materials within a
tank that is either permanently or temporarily attached to the
vehicle or its chassis, but does not include any portable tank
having a rated capacity of less than one thousand gallons.
(Z) "United States" means the fifty states and the
District of Columbia.
(AA) "Vehicle" has the same meaning as in section 4511.01
of the Revised Code.
(BB) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
Sec. 4506.02. (A) Nothing in this chapter applies to any
person when engaged in the operation of any of the following:
(1) A farm truck;
(2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district;
(3) A public safety vehicle used to provide transportation
or emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an eligible unit of
local government, if the person is employed by the eligible unit of local
government and is operating the commercial motor vehicle for the purpose of
removing snow or ice from a roadway by plowing, sanding, or salting, but only
if either the employee who holds a commercial driver's license issued under
this chapter and ordinarily operates a commercial motor vehicle for these
purposes is unable to operate the vehicle, or the employing eligible unit of
local government determines that a snow or ice emergency exists that requires
additional assistance;
(6) A vehicle owned by the department of defense and operated by any member
or uniformed employee of the armed forces of the United States or their
reserve components, including the Ohio national guard. This exception
does not apply to United States reserve technicians.
(7) A COMMERCIAL MOTOR VEHICLE THAT IS OPERATED
FOR NONBUSINESS PURPOSES. "OPERATED FOR NONBUSINESS PURPOSES"
MEANS THAT THE COMMERCIAL MOTOR VEHICLE IS NOT USED IN COMMERCE
AS "COMMERCE" IS DEFINED IN 49
C.F.R.
383.5, AS AMENDED, AND IS NOT REGULATED BY THE PUBLIC UTILITIES
COMMISSION PURSUANT TO CHAPTER
4919., 4921., OR 4923. OF THE
REVISED
CODE.
Nothing contained in division (A)(5) of this section shall be construed as
preempting or superseding any law, rule, or regulation of this state
concerning the safe operation of commercial motor vehicles.
(B) As used in this section:
(1) "Eligible unit of local government" means a village, township, or county
that has a population of not more than three thousand persons according to the
most recent federal census.
(2) "Farm truck" means a truck controlled and operated by
a farmer for use in the transportation to or from a farm, for a
distance of no more than one hundred fifty miles, of products of
the farm, including livestock and its products, poultry and its
products, floricultural and horticultural products, and in the
transportation to the farm, from a distance of no more than one
hundred fifty miles, of supplies for the farm, including tile,
fence, and every other thing or commodity used in agricultural,
floricultural, horticultural, livestock, and poultry production,
and livestock, poultry, and other animals and things used for
breeding, feeding, or other purposes connected with the operation
of the farm, when the truck is operated in accordance with this
division and is not used in the operations of a motor
transportation company or private motor carrier.
(3) "Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.
(4) "Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the
Revised Code and is used exclusively for purposes other than
engaging in business for profit.
Sec. 4506.11. (A) Every commercial driver's license shall
be marked "commercial driver's license" or "CDL" and shall be of
such material and so designed as to prevent its reproduction or
alteration without ready detection, and, to this end, shall be
laminated with a transparent plastic material. The commercial driver's
license for licensees under twenty-one years of age shall have characteristics
prescribed by the registrar of motor vehicles distinguishing it from that
issued to a licensee who is twenty-one years of age or older. Every
commercial
driver's license shall contain DISPLAY all of the following
information:
(1) The name and residence address of the licensee;
(2) A color photograph of the licensee;
(3) A physical description of the licensee, including sex,
height, weight, and color of eyes and hair;
(4) The licensee's date of birth;
(5) The licensee's social security number and any A number
or other identifier the director of public safety considers
appropriate and establishes by rules adopted under Chapter 119.
of the Revised Code and in compliance with federal law, AND IF
REQUIRED BY FEDERAL LAW OR IF
REQUESTED BY THE LICENSEE, THE LICENSEE'S SOCIAL SECURITY
NUMBER;
(6) The licensee's signature;
(7) The classes of commercial motor vehicles the licensee
is authorized to drive and any endorsements or restrictions
relating to his THE LICENSEE'S driving of those vehicles;
(8) A space marked "blood type" in which the licensee may
specify his THE LICENSEE'S blood type;
(9) The name of this state;
(10) The dates of issuance and of expiration of the
license;
(11) If the licensee has certified willingness to make an
anatomical donation under section 2108.04 of the Revised Code,
any symbol chosen by the registrar of motor vehicles to indicate
that the licensee has certified that willingness;
(12) On and after May 1, 1993, if IF the licensee has
executed a durable power of attorney for health care or a
declaration governing the use or continuation, or the withholding
or withdrawal, of life-sustaining treatment and has specified
that he THE LICENSEE wishes his THE license to
indicate that he THE LICENSEE has executed either type of
instrument, any symbol chosen by the registrar to indicate that the licensee
has executed either type of instrument;
(13) Any other information the registrar considers
advisable and requires by rule.
(B) The registrar may establish and maintain a file of
negatives of photographs taken for the purposes of this section.
(C) Neither the registrar nor any deputy registrar shall
issue a commercial driver's license to anyone under twenty-one years of age
that does not have the characteristics prescribed by the registrar
distinguishing it from the commercial driver's license issued to persons who
are twenty-one years of age or older.
Sec. 4506.25. (A) AS
USED IN THIS SECTION:
(1) "COMMERCIAL MOTOR VEHICLE" MEANS ANY
SELF-PROPELLED OR TOWED VEHICLE USED ON PUBLIC HIGHWAYS IN
INTRASTATE OR INTERSTATE COMMERCE TO TRANSPORT PASSENGERS OR
PROPERTY THAT MEETS ANY OF THE FOLLOWING SPECIFICATIONS:
(a) THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING
OR GROSS COMBINATION WEIGHT RATING OF TEN THOUSAND ONE
POUNDS OR MORE.
(b) THE VEHICLE IS DESIGNED TO TRANSPORT SIXTEEN
OR MORE PASSENGERS, INCLUDING THE DRIVER.
(c) THE VEHICLE IS USED IN THE TRANSPORTATION OF
HAZARDOUS MATERIALS IN A QUANTITY REQUIRING PLACARDING UNDER THE
REGULATIONS ISSUED BY THE
UNITED
STATES SECRETARY OF
TRANSPORTATION UNDER THE
"HAZARDOUS
MATERIALS
TRANSPORTATION
ACT," 88
STAT. 2156 (1975), 49
U.S.C.A.
1801, AS AMENDED.
(2) "OUT-OF-SERVICE ORDER" MEANS A DECLARATION BY AN
AUTHORIZED ENFORCEMENT OFFICER OF A FEDERAL, STATE, LOCAL,
CANADIAN, OR
MEXICAN JURISDICTION DECLARING
THAT A DRIVER, COMMERCIAL MOTOR VEHICLE, OR COMMERCIAL MOTOR
CARRIER OPERATION IS OUT OF SERVICE PURSUANT TO 49
C.F.R.
386.72, 392.5, 395.13, OR 396.9, AS AMENDED, LAWS EQUIVALENT
TO THOSE PROVISIONS, OR THE NORTH
AMERICAN UNIFORM OUT-OF-SERVICE
CRITERIA.
(B) THE REGISTRAR OF
MOTOR VEHICLES SHALL DISQUALIFY ANY PERSON FROM OPERATING A
COMMERCIAL MOTOR VEHICLE WHO RECEIVES A NOTICE OF A CONVICTION
FOR VIOLATION OF AN OUT-OF-SERVICE ORDER ISSUED UNDER RULES OF
THE PUBLIC UTILITIES COMMISSION ADOPTED PURSUANT TO SECTION
4919.79, 4921.04, OR 4923.20 OF THE
REVISED
CODE, OR A CONVICTION FOR A
VIOLATION OF THE SAME OR SIMILAR LAWS OF ANOTHER STATE OR
JURISDICTION APPLICABLE TO VEHICLES IN REGULATED
COMMERCE.
Sec. 4506.26. (A) AS
USED IN THIS SECTION, "OUT-OF-SERVICE ORDER" HAS THE SAME
MEANING AS IN DIVISION (A)(2)
OF SECTION 4506.25 OF THE
REVISED
CODE.
(B) ANY PERSON WHO IS
FOUND TO HAVE BEEN CONVICTED OF A VIOLATION OF AN
OUT-OF-SERVICE ORDER SHALL BE DISQUALIFIED BY THE REGISTRAR OF
MOTOR VEHICLES AS FOLLOWS:
(1) IF THE PERSON HAS NOT BEEN CONVICTED PREVIOUSLY OF A
VIOLATION OF AN OUT-OF-SERVICE ORDER, THE PERIOD OF
DISQUALIFICATION IS NINETY DAYS.
(2) IF, DURING ANY TEN-YEAR PERIOD, THE DRIVER IS
CONVICTED OF A SECOND VIOLATION OF AN OUT-OF-SERVICE ORDER IN AN
INCIDENT SEPARATE FROM THE INCIDENT THAT RESULTED IN THE FIRST
VIOLATION, THE PERIOD OF DISQUALIFICATION IS ONE
YEAR.
(3) IF, DURING ANY TEN-YEAR PERIOD, THE DRIVER IS
CONVICTED OF A THIRD OR SUBSEQUENT VIOLATION OF AN
OUT-OF-SERVICE ORDER IN AN INCIDENT SEPARATE FROM THE INCIDENTS
THAT RESULTED IN THE PREVIOUS VIOLATIONS DURING THAT TEN-YEAR
PERIOD, THE PERIOD OF DISQUALIFICATION IS THREE
YEARS.
(C)(1) A DRIVER IS
DISQUALIFIED FOR ONE HUNDRED EIGHTY DAYS
IF THE DRIVER IS CONVICTED OF A FIRST VIOLATION
OF AN OUT-OF-SERVICE ORDER WHILE TRANSPORTING HAZARDOUS
MATERIALS REQUIRED TO BE PLACARDED UNDER THE
"HAZARDOUS
MATERIALS
TRANSPORTATION
ACT," 88
STAT. 2156 (1975), 49
U.S.C.A.
1801, AS AMENDED, OR WHILE OPERATING A MOTOR VEHICLE DESIGNED TO
TRANSPORT SIXTEEN OR MORE PASSENGERS, INCLUDING THE
DRIVER.
(2) A DRIVER IS DISQUALIFIED FOR A PERIOD OF
THREE YEARS IF, DURING ANY
TEN-YEAR PERIOD, THE DRIVER IS CONVICTED OF A SECOND OR
SUBSEQUENT VIOLATION, IN AN INCIDENT SEPARATE FROM THE INCIDENT
THAT RESULTED IN A PREVIOUS VIOLATION DURING THAT TEN-YEAR
PERIOD, OF AN OUT-OF-SERVICE ORDER WHILE TRANSPORTING HAZARDOUS
MATERIALS REQUIRED TO BE PLACARDED UNDER THAT ACT, OR WHILE
OPERATING A MOTOR VEHICLE DESIGNED TO TRANSPORT SIXTEEN OR MORE
PASSENGERS, INCLUDING THE DRIVER.
Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person licensed as a commercial motor vehicle driver under
Chapter 4506. of the Revised Code need procure a driver's
license, but no person shall drive any commercial motor vehicle
unless licensed as a commercial motor vehicle driver.
Every driver's license shall bear DISPLAY on it the
distinguishing
number assigned to the licensee and shall contain DISPLAY the
licensee's
name, AND date of birth,; THE LICENSEE'S
social security number if such number has
been assigned
AND IF THE LICENSEE REQUESTS THAT THE SOCIAL SECURITY
NUMBER APPEAR ON THE DRIVER'S LICENSE OR IF REQUIRED BY FEDERAL
LAW; the licensee's residence address and county of
residence; a color photograph of the licensee; a brief description of the
licensee for the purpose
of identification; a facsimile of the signature of the licensee
as it appears on the application for the license; a space marked
"blood type" in which a licensee may specify the licensee's
blood type; a notation, in a manner prescribed by the registrar, indicating
any condition described in division (D) of section 4507.08 of the Revised Code
to which the licensee is subject; on and after May
1, 1993, if the licensee has executed a durable power of attorney
for health care or a declaration governing the use or
continuation, or the withholding or withdrawal, of
life-sustaining treatment and has specified that the licensee
wishes the license to indicate that the
licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee has executed either type of instrument; and any
additional information that the registrar requires by rule.
The driver's license for licensees under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a licensee who is twenty-one years of age or older, except that a
driver's license issued to a person who applies no more than thirty days
before the applicant's twenty-first birthday shall have the
characteristics of a license issued to a person who is twenty-one year
YEARS of age or older.
The driver's license issued to a temporary resident shall contain the word
"nonrenewable" and shall have any additional characteristics prescribed by the
registrar distinguishing it from a license issued to a resident.
Every driver's or commercial driver's license bearing DISPLAYING
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall bear DISPLAY the designation
"novice,"
if the endorsement or license is issued to a person who is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license.
Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material.
(B) Except in regard to a driver's license issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy registrar
shall
issue a driver's license to anyone under twenty-one years of age that does not
have the characteristics prescribed by the registrar distinguishing it from
the driver's license issued to persons who are twenty-one years of age or
older.
Sec. 4507.50. (A) The registrar of motor vehicles or a deputy
registrar, upon receipt of an application filed in
compliance with section 4507.51 of the Revised Code by any person
who is a resident or a temporary resident of this state and, except as
otherwise provided in this section, is not licensed as an operator of a motor
vehicle in this state or another licensing jurisdiction, and, EXCEPT
AS PROVIDED IN DIVISION (B) OF THIS SECTION, upon
receipt of a fee of three dollars and fifty cents, shall issue an
identification card to that person.
Any person who is a resident or temporary resident of this state whose
Ohio driver's or commercial driver's license has been suspended or
revoked, upon application in compliance with section 4507.51
of the Revised Code and, EXCEPT AS PROVIDED IN DIVISION (B)
IF THIS SECTION, payment of a fee of three dollars and
fifty cents, may be issued a temporary identification card. The
temporary identification card shall be identical to an
identification card, except that it shall be printed on its face
with a statement that the card is valid during the effective
dates of the suspension or revocation of the cardholder's
license, or until the birthday of the cardholder in the fourth
year after the date on which it is issued, whichever is shorter.
The cardholder shall surrender the identification card to
the registrar or any deputy registrar before the
cardholder's driver's or
commercial driver's license is restored or reissued.
The EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION,
THE deputy registrar shall be allowed a fee of two dollars
and twenty-five cents for each identification card issued under
this section. The fee allowed to the deputy registrar shall be
in addition to the fee for issuing an identification card.
Neither the registrar nor any deputy registrar shall charge
a fee in excess of one dollar and fifty cents for laminating an
identification card or temporary identification card. A deputy
registrar laminating such a card shall retain the entire amount
of the fee charged for lamination, less the actual cost to the
registrar of the laminating materials used for that lamination,
as specified in the contract executed by the bureau for the
laminating materials and laminating equipment. The deputy
registrar shall forward the amount of the cost of the laminating
materials to the registrar for deposit as provided in this
section.
The fee collected for issuing an identification card under
this section, except the fee allowed to the deputy registrar,
shall be paid into the state treasury to the credit of the state
bureau of motor vehicles fund created in section 4501.25 of the Revised
Code.
(B) A DISABLED VETERAN WHO HAS A
SERVICE-CONNECTED DISABILITY RATED AT ONE HUNDRED PER CENT BY
THE VETERANS' ADMINISTRATION MAY APPLY TO THE REGISTRAR OR A
DEPUTY REGISTRAR FOR THE ISSUANCE TO THAT VETERAN OF AN
IDENTIFICATION CARD OR A TEMPORARY IDENTIFICATION CARD UNDER
THIS SECTION WITHOUT PAYMENT OF ANY FEE PRESCRIBED IN DIVISION
(A) OF THIS SECTION, INCLUDING
ANY LAMINATION FEE.
IF THE IDENTIFICATION CARD OR TEMPORARY IDENTIFICATION
CARD OF A DISABLED VETERAN DESCRIBED IN THIS DIVISION IS
LAMINATED BY A DEPUTY REGISTRAR WHO IS ACTING AS A DEPUTY
REGISTRAR PURSUANT TO A CONTRACT WITH THE REGISTRAR THAT IS IN
EFFECT ON THE EFFECTIVE DATE OF THIS AMENDMENT, THE DISABLED
VETERAN SHALL PAY THE DEPUTY REGISTRAR THE
LAMINATION FEE PRESCRIBED IN DIVISION
(A) OF THIS SECTION. IF THE
IDENTIFICATION CARD OR TEMPORARY IDENTIFICATION CARD IS
LAMINATED BY A DEPUTY REGISTRAR WHO IS ACTING AS A DEPUTY
REGISTRAR PURSUANT TO A CONTRACT WITH THE REGISTRAR THAT IS
EXECUTED AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE
DISABLED VETERAN IS NOT REQUIRED TO PAY THE DEPUTY REGISTRAR THE
LAMINATION FEE PRESCRIBED IN DIVISION
(A) OF THIS SECTION.
A DISABLED VETERAN WHOSE IDENTIFICATION CARD OR
TEMPORARY IDENTIFICATION CARD IS LAMINATED BY THE REGISTRAR IS
NOT REQUIRED TO PAY THE REGISTRAR ANY LAMINATION FEE.
AN APPLICATION MADE UNDER DIVISION
(A) OF THIS SECTION SHALL BE
ACCOMPANIED BY SUCH DOCUMENTARY EVIDENCE OF DISABILITY AS THE
REGISTRAR MAY REQUIRE BY RULE.
Sec. 4507.51. (A)(1) Every application for an
identification card or duplicate shall be made on a form
furnished by the registrar of motor vehicles, shall be signed by
the applicant, and by his THE APPLICANT'S parent or guardian if
the applicant is
under eighteen years of age, and shall contain the following
information pertaining to the applicant: name, date of birth,
sex, general description including the applicant's height,
weight, hair color, and eye color, address, SOCIAL SECURITY
NUMBER, and at the option of
the applicant, his social security number,
his blood type, or his
social security number and his THE APPLICANT'S blood type. The
application form
shall state that an applicant is not required to furnish his
social security number or his THE APPLICANT'S blood type. The
application shall
also SHALL state whether an applicant wishes to certify willingness to
make an anatomical gift under section 2108.04 of the Revised Code
and shall include information about the requirements of that
section that apply to persons who are less than eighteen years of
age. The statement regarding willingness to make such a
donation
shall be given no consideration in the decision of whether to
issue an identification card. Each applicant shall be
photographed in color at the time of making application.
(2) On and after May 1, 1993, the THE application also shall
state whether the applicant has executed a valid durable power
of
attorney for health care pursuant to sections 1337.11 to 1337.17
of the Revised Code or has executed a declaration governing the
use or continuation, or the withholding or withdrawal, of
life-sustaining treatment pursuant to Chapter 2133. of the
Revised Code and, if the applicant has executed either type of
instrument, whether he THE APPLICANT wishes his
THE identification card to
indicate
that he THE APPLICANT has executed the instrument.
(3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an
elector any person who applies for an identification card or
duplicate if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether
to register as an elector shall be given no consideration in the
decision of whether to issue him THE APPLICANT an identification
card or
duplicate.
(B) The application for an identification card or
duplicate shall be filed in the office of the registrar or
deputy
registrar. Each applicant shall present documentary evidence as
required by the registrar of his THE APPLICANT'S age and
identity. Each
applicant who did not enter his social security
number on his
application form, upon request, shall furnish the registrar or
the deputy registrar with the applicant's social security
number,
if such a number has been assigned to the applicant, for
purposes
of determining whether a driver's or commercial driver's license
has been issued under the same social security number. The
registrar or deputy registrar shall not maintain the social
security number as a part of the record or enter it on the
application form. The, AND THE applicant shall swear that
all information
given is true.
All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled.
Sec. 4507.52. Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall bear
DISPLAY a
distinguishing number assigned to the cardholder, and shall
contain DISPLAY the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the identity of the bearer described on the card, who currently
is not licensed to operate a motor vehicle in the state of Ohio."
The identification card shall bear DISPLAY substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code and,
EXCEPT THAT NO IDENTIFICATION CARD
SHALL DISPLAY ON IT THE APPLICANT'S SOCIAL SECURITY NUMBER
UNLESS SO REQUESTED BY THE APPLICANT. THE IDENTIFICATION CARD
ALSO
shall
contain DISPLAY the color photograph of the cardholder. On
and after May 1, 1993, if IF
the cardholder has executed a
durable power of attorney for health care or a declaration
governing the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment and has specified that
the cardholder wishes the identification
card to indicate that the cardholder has
executed either type of instrument, the card also shall contain
DISPLAY
any symbol chosen by the registrar to indicate that the
cardholder has executed either type of instrument. The card
shall be sealed in transparent plastic or similar material and
shall be so designed as to prevent its reproduction or alteration
without ready detection.
The identification card for persons under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a person who is twenty-one years of age or older, except that an
identification card issued to a person who applies no more than thirty days
before the applicant's twenty-first birthday shall have the characteristics of
an identification card issued to a person who is twenty-one years of age or
older.
Every identification card issued to a resident of this state shall
expire, unless canceled or
surrendered earlier, on the birthday of the cardholder in the
fourth year after the date on which it is issued. Every identification
card issued to a temporary resident shall expire in accordance with rules
adopted by the registrar and is nonrenewable, but may be replaced with a new
identification card upon the applicant's compliance with all applicable
requirements. A cardholder
may renew the cardholder's identification card within
ninety days prior to the day on which it expires by filing an
application and paying the prescribed fee in accordance with section 4507.50
of the Revised Code.
If a cardholder applies for a driver's or commercial
driver's license in this state or another licensing jurisdiction,
the cardholder shall surrender the
cardholder's identification card to the registrar or
any deputy registrar before the license is issued.
If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(A) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar or a deputy registrar;
(B) Filing an application and presenting documentary
evidence under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a
duplicate, finds the original, immediately shall surrender
the original to the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing suitable proof
of the change to the registrar or a deputy registrar and
surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of two dollars
and fifty cents. A deputy registrar shall be allowed an
additional fee of two dollars and twenty-five cents for
issuing a duplicate or
replacement identification card.
A DISABLED VETERAN WHO IS A CARDHOLDER AND HAS A
SERVICE-CONNECTED DISABILITY RATED AT ONE HUNDRED PER CENT BY
THE VETERANS' ADMINISTRATION MAY APPLY TO
THE REGISTRAR OR A DEPUTY REGISTRAR FOR THE ISSUANCE OF A
DUPLICATE OR REPLACEMENT IDENTIFICATION CARD WITHOUT PAYMENT OF
ANY FEE PRESCRIBED IN THIS SECTION, AND WITHOUT PAYMENT OF ANY
LAMINATION FEE IF THE DISABLED VETERAN WOULD NOT BE REQUIRED TO
PAY A LAMINATION FEE IN CONNECTION WITH THE ISSUANCE OF AN
IDENTIFICATION CARD OR TEMPORARY IDENTIFICATION CARD AS PROVIDED
IN DIVISION (B) OF SECTION
4507.50 OF THE REVISED
CODE.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
The registrar shall cancel any card upon determining that
the card was obtained unlawfully, issued in error, or was
altered. The registrar also shall cancel any card that
is surrendered to
the registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial driver's
license.
No agent of the state or its political subdivisions shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated or franchised transit system from using an
identification card for the purpose of granting benefits or
services of the system.
No person shall be required to apply for, carry, or possess
an identification card.
(C) Except in regard to an identification card issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy registrar
shall issue an identification card to a person under twenty-one years of age
that does not have the characteristics prescribed by the registrar
distinguishing it from the identification card issued to persons who are
twenty-one years of age or older.
Sec. 4509.01. As used in sections 4509.01 to 4509.78 of
the Revised Code:
(A) "Person" includes every natural person, firm,
partnership, association, or corporation.
(B) "Driver" means every person who drives or is in actual
physical control of a motor vehicle.
(C) "License" includes any license, permit, or privilege
to operate a motor vehicle issued under the laws of this state
including:
(1) Any temporary instruction permit or examiner's driving
permit;
(2) The privilege of any person to drive a motor vehicle
whether or not such person holds a valid license;
(3) Any nonresident's operating privilege.
(D) "Owner" means a person who holds the legal title of a
motor vehicle. If a motor vehicle is the subject of an agreement
for conditional sale or A lease with the right of purchase upon
performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or
lessee, the vendee or lessee is the owner. If a mortgagor of
A PERSON LISTED AS THE OWNER ON A CERTIFICATE OF TITLE ON
WHICH THERE IS A NOTATION OF A SECURITY INTEREST IS THE OWNER.
A BUYER OR OTHER TRANSFEREE OF
a
motor vehicle is entitled to possession, the mortgagor is
WHO RECEIVES THE CERTIFICATE OF TITLE FROM THE SELLER OR
TRANSFEROR LISTING THE SELLER OR TRANSFEROR THEREON AS THE OWNER
WITH AN ASSIGNMENT OF TITLE TO THE BUYER OR TRANSFEREE
NONETHELESS IS THE OWNER EVEN THOUGH A SUBSEQUENT CERTIFICATE OF
TITLE HAS NOT BEEN ISSUED LISTING THE BUYER OR TRANSFEREE
AS
the owner.
(E) "Registration" means registration certificates and
registration plates issued under the laws of this state
pertaining to the registration of motor vehicles.
(F) "Nonresident" means every person who is not a resident
of this state.
(G) "Nonresident's operating privilege" means the
privilege conferred upon a nonresident by the laws of this state
pertaining to the operation by such person of a motor vehicle, or
the use of a motor vehicle owned by such person, in this state.
(H) "Vehicle" means every device by which any person or
property may be transported upon a highway, except devices moved
by power collected from overhead electric trolley wires, or used
exclusively upon stationary rails or tracks, and except devices
other than bicycles moved by human power.
(I) "Motor vehicle" means every vehicle propelled by power
other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, road rollers,
traction engines, power shovels, power cranes and other equipment
used in construction work and not designed for or employed in
general highway transportation, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery,
threshing machinery, hay baling machinery, and agricultural
tractors and machinery used in the production of horticultural,
floricultural, agricultural, and vegetable products.
(J) "Accident" or "motor vehicle accident" means any
accident involving a motor vehicle which results in bodily injury
to or death of any person, or damage to the property of any
person in excess of four hundred dollars.
(K) "Proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
motor vehicle in the amount of twelve thousand five hundred
dollars because of bodily injury to or death of one person in any
one accident, in the amount of twenty-five thousand dollars
because of bodily injury to or death of two or more persons in
any one accident, and in the amount of seven thousand five
hundred dollars because of injury to property of others in any
one accident.
(L) "Motor-vehicle liability policy" means an "owner's
policy" or an "operator's policy" of liability insurance,
certified as provided in section 4509.46 or 4509.47 of the
Revised Code as proof of financial responsibility, and issued,
except as provided in section 4509.47 of the Revised Code, by an
insurance carrier authorized to do business in this state, to or
for the benefit of the person named therein as insured.
Sec. 4511.091. (A) The driver of any motor vehicle which
THAT has been
checked by
radar, or by any electrical or mechanical
timing device to determine the speed
of the motor vehicle over a measured distance of the A highway
or a
measured
distance of a private road or driveway, and found to be in
violation of any of
the provisions of section 4511.21 or 4511.211 of the Revised
Code, may be
arrested until a warrant can be obtained, provided such THE
ARRESTING officer
has observed
the recording of the speed of such THE motor vehicle by the radio
microwaves,
electrical or mechanical timing device, or has
received a radio
message from
the officer who observed the speed of the motor vehicle recorded by the radio
microwaves, electrical or mechanical timing
device;
provided, in case of an
arrest based on such a message, such THE radio message has been
dispatched
immediately after the speed of the motor vehicle was recorded and the
arresting
officer is furnished a description of the motor vehicle for proper
identification and the recorded speed.
(B) IF THE DRIVER OF A MOTOR VEHICLE BEING DRIVEN
ON A PUBLIC STREET OR HIGHWAY OF THIS STATE IS OBSERVED
VIOLATING ANY PROVISION OF THIS CHAPTER OTHER THAN SECTION
4511.21 OR 4511.211 OF THE
REVISED
CODE BY A LAW ENFORCEMENT
OFFICER SITUATED AT ANY LOCATION, INCLUDING IN ANY TYPE OF
AIRBORNE AIRCRAFT OR AIRSHIP, THAT LAW ENFORCEMENT OFFICER MAY
SEND A RADIO MESSAGE TO ANOTHER LAW ENFORCEMENT OFFICER, AND
THE OTHER LAW ENFORCEMENT OFFICER MAY ARREST THE DRIVER OF THE
MOTOR VEHICLE UNTIL A WARRANT CAN BE OBTAINED OR MAY ISSUE THE
DRIVER A CITATION FOR THE VIOLATION; PROVIDED, IF AN ARREST OR
CITATION IS BASED ON SUCH A MESSAGE, THE RADIO MESSAGE IS
DISPATCHED IMMEDIATELY AFTER THE VIOLATION IS OBSERVED AND THE
LAW ENFORCEMENT OFFICER WHO OBSERVES THE VIOLATION FURNISHES TO
THE LAW ENFORCEMENT OFFICER WHO MAKES THE ARREST OR ISSUES THE
CITATION A DESCRIPTION OF THE ALLEGED VIOLATION AND THE MOTOR
VEHICLE FOR PROPER IDENTIFICATION.
Sec. 4511.195. (A) As used in this section:
(1) "Vehicle operator" means a person who is operating a
vehicle at the time it is seized under division (B) of this
section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is
registered, at the time of the seizure, a vehicle that is seized under
division (B) of this section;
(b) A person to whom the certificate of title to a vehicle that is seized
under division (B) of this section has been assigned and who has not obtained
a certificate of title to the vehicle in that person's name, but who is deemed
by the court as being the owner of the vehicle at the time the vehicle was
seized under division (B) of this section.
(3) "Municipal OMVI ordinance" means any municipal
ordinance prohibiting the operation of a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or prohibiting the operation of a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine.
(4) "Interested
party" includes the owner of a vehicle seized under this
section, all lienholders, the defendant, the owner of the place
of storage at which a vehicle seized under this section is
stored, and the person or entity that caused the vehicle to be
removed.
(B)(1) If a person is arrested for a violation of division
(A) of section 4511.19 of the Revised Code or of a municipal OMVI
ordinance and, within six years of the alleged violation,
the person previously has been convicted of or pleaded guilty to one or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal OMVI ordinance, section 2903.04 of the
Revised Code in a case in which the offender was subject to the
sanctions described in division (D) of that section, or section
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal
ordinance that is substantially similar to section 2903.07 of the
Revised Code in a case in which the jury or judge found that the
offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse,
a statute of the United
States or of any other state or a municipal ordinance of a municipal
corporation located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
or if a person is arrested for a violation of
division (A) or OF section 4511.19 of the Revised Code or of a
municipal
OMVI ordinance and the person previously has been convicted
of or pleaded guilty to a violation of division (A) of section
4511.19 of the Revised Code under circumstances in which the violation was a
felony, regardless of when the
prior felony violation of division (A) of section 4511.19 of the Revised Code
and the conviction or guilty plea occurred, the arresting officer or another
officer of the law enforcement agency that employs the arresting
officer, in addition to any action that the arresting officer is
required or authorized to take by section 4511.191 of the Revised
Code or by any other provision of law, shall seize the vehicle
that the person was operating at the time of the alleged offense
and its license plates. Except as otherwise
provided in this division, the officer shall seize the vehicle
and its license plates regardless of whether the
vehicle is registered in the name of the person who was operating
it or in the name of another person or entity. This section does not apply
to or affect any rented or leased vehicle that is being rented or
leased for a period of thirty days or less, except
that a law enforcement agency that employs a law enforcement
officer who makes an arrest of a type that is described in
division (B)(1) of this section and that involves a rented or
leased vehicle of this type shall notify, within
twenty-four hours after the officer makes the arrest, the lessor or owner of
the vehicle regarding the circumstances of the arrest and the location at
which the vehicle may be picked
up. At the time of the seizure of the vehicle, the law
enforcement officer who made the arrest shall give the vehicle
operator written notice that the vehicle and its
license plates have been seized; that the vehicle either will be
kept by the officer's law enforcement agency or will be
immobilized at least until the operator's initial appearance on
the charge of the offense for which the arrest was made; that, at
the initial appearance, the court in certain circumstances may
order that the vehicle and license plates be released
to the vehicle owner until the disposition of that charge; that,
if the vehicle operator is convicted of that charge, the court
generally must order the immobilization of the vehicle and the
impoundment of its license plates, or the forfeiture of the
vehicle; and that, if the operator is not the vehicle owner, the
operator immediately should inform the vehicle owner that the
vehicle and its license plates have been seized and that the vehicle
owner may
be able to obtain their return or release at the initial
appearance or thereafter.
(2) The arresting officer or a law enforcement officer of the agency
that employs the arresting officer shall give written notice of the seizure to
the court that will conduct the initial appearance of the vehicle
operator. The notice shall be given when the
charges are filed against the
vehicle operator. Upon receipt of the notice, the court promptly
shall determine whether the vehicle operator is the vehicle owner
and whether there are any liens recorded on the certificate of title to the
vehicle. If the court determines that the vehicle operator is not the
vehicle owner, it promptly shall send by regular mail written
notice of the seizure of the motor vehicle to the vehicle owner and to all
lienholders recorded on the certificate of title. The written notice to the
vehicle owner and lienholders shall contain all of the information required by
division (B)(1) of this section to be in a notice to be given to
the vehicle operator and also shall specify the date, time, and
place of the vehicle operator's initial appearance.
THE NOTICE ALSO SHALL INFORM THE VEHICLE OWNER THAT IF TITLE TO A MOTOR
VEHICLE THAT IS SUBJECT TO AN ORDER FOR CRIMINAL FORFEITURE
UNDER THIS SECTION IS ASSIGNED OR TRANSFERRED AND DIVISION
(C)(2) OR (3) OF SECTION
4503.234 OF THE REVISED
CODE APPLIES, THE COURT MAY
FINE THE VEHICLE OWNER THE VALUE OF THE VEHICLE.
The notice to the vehicle
owner
also shall state that if the vehicle is immobilized under
division (A) of section 4503.233 of the Revised
Code, seven days after the end of the period of immobilization a law
enforcement agency will
send the vehicle owner a notice, informing the vehicle owner
that if the release of the vehicle is not obtained in accordance with division
(D)(3) of section 4503.233 of the Revised
Code, the vehicle shall be
forfeited. The notice also shall inform the vehicle owner that
the vehicle owner may be charged expenses or charges incurred
under this section and section 4503.233 of the
Revised Code for the removal and storage of the vehicle.
The written notice that is given to the vehicle operator or is sent or
delivered to the vehicle owner if the vehicle owner is not the vehicle
operator also shall state that if the vehicle operator pleads guilty to or is
convicted of the offense for which the vehicle operator was arrested and the
court issues an immobilization and impoundment order relative to that vehicle,
division (D)(4) of section 4503.233 of the Revised Code prohibits the vehicle
from being sold
during the period of immobilization without the prior approval of the court.
Any such notice also shall state that if title to a motor vehicle that is
subject to an order for criminal forfeiture under this section is assigned or
transferred and division (C)(2) or (3) of section 4503.234 of the Revised Code
applies, the court may fine the offender the value of the vehicle.
(3) At or before the initial appearance, the vehicle
owner may file a motion requesting the court to order that the
vehicle and its license plates be released to the vehicle owner. Except as
provided in this division and subject to the payment
of expenses or charges incurred in the removal and storage of
the vehicle, the court, in its discretion, then may issue an
order releasing the vehicle and its license plates to the
vehicle owner. Such an order may be conditioned upon such terms
as the court determines appropriate, including the posting of a
bond in an amount determined by the court. If the vehicle
operator is not the vehicle owner and if the vehicle owner is
not present at the vehicle operator's initial appearance, and if
the court believes that the vehicle owner was not provided with
adequate notice of the initial appearance, the court, in its
discretion, may allow the vehicle owner to file a motion within
seven days of the initial appearance. If the court allows the
vehicle owner to file such a motion after the initial
appearance, the extension of time granted by the court does not
extend the time within which the initial appearance is to be
conducted. If the court issues an order for the release of the
vehicle and its license plates, a copy of the order shall be
made available to the vehicle owner. If the vehicle owner
presents a copy of the order to the law enforcement agency that
employs the law enforcement officer who arrested the person who
was operating the vehicle, the law enforcement agency promptly
shall release the vehicle and its license plates to the vehicle
owner upon payment by the vehicle owner of any expenses or
charges incurred in the removal and storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the agency at that place for the time and in the manner specified
in this section or shall be otherwise immobilized for the time and in the
manner specified in this section. A law enforcement officer of
that agency shall remove the identification license plates of the
vehicle, and they shall be safely kept by the agency for the time
and in the manner specified in this section. No vehicle that is
seized and either towed or immobilized pursuant to this division
shall be considered contraband for purposes of section 2933.41,
2933.42, or 2933.43 of the Revised Code. The vehicle shall not
be immobilized at any place other than a commercially operated
private storage lot, a place owned by a law enforcement agency or other
government agency, or a place to which one of the following
applies:
(a) The place is leased by or otherwise under the control
of a law enforcement agency or other government agency.
(b) The place is owned by the vehicle operator, the
vehicle operator's spouse, or a parent or child of the vehicle
operator.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a street or highway on which the
vehicle is parked in accordance with the law.
(C)(1) A vehicle that is seized under division
(B) of this section shall be safely kept at the place to which it
is towed or otherwise moved by the law enforcement agency that employs the
arresting
officer until the initial appearance of the vehicle operator
relative to the charge in question. The license
plates of the vehicle that are removed pursuant to division (B) of this
section shall be safely kept by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle
operator relative to the charge in question.
(2)(a) AT THE INITIAL APPEARANCE, THE COURT SHALL NOTIFY THE
VEHICLE OPERATOR, IF THE VEHICLE OPERATOR IS THE VEHICLE OWNER,
THAT IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO AN ORDER FOR
CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED OR
TRANSFERRED AND DIVISION (C)(2)
OR (3) OF SECTION 4503.234 OF THE
REVISED
CODE APPLIES, THE COURT MAY
FINE THE VEHICLE OPERATOR THE VALUE OF THE VEHICLE.
If, at the initial appearance, the vehicle operator pleads guilty to
the
violation of division (A) of section 4511.19
of the Revised Code or of the municipal OMVI ordinance or pleads
no contest to and is convicted of the violation, the court shall
impose sentence upon the vehicle operator as provided by law or
ordinance; the court, except as provided in this division and
subject to section 4503.235 of the Revised Code, shall order the
immobilization of the vehicle and the impoundment of its
license plates under section 4503.233 and section
4511.193 or 4511.99 of the Revised Code, or the criminal
forfeiture of the vehicle under section 4503.234 and
section 4511.193 or 4511.99 of the Revised Code, whichever is
applicable; and the vehicle and its license plates
shall not be returned or released to the vehicle owner. If the vehicle
operator is not the vehicle owner and the vehicle owner is not present at the
vehicle operator's initial
appearance and if the court believes that the vehicle owner was
not provided adequate notice of the initial appearance, the
court, in its discretion, may refrain for a period of
time not exceeding seven days from ordering the immobilization of the
vehicle and the impoundment of its license plates, or the criminal forfeiture
of the vehicle so that the vehicle owner may appear
before the court to present
evidence as to why the court should not order the immobilization
of the vehicle and the impoundment of its license plates, or the
criminal forfeiture of the vehicle.
If the court
refrains from ordering the immobilization of the vehicle and the
impoundment of its license plates, or the criminal forfeiture of the vehicle,
section 4503.235 of the Revised Code
applies relative to the order of immobilization and impoundment,
or the order of forfeiture.
(b) If, at any time, the charge that the
vehicle operator violated division (A) of section 4511.19 of the
Revised Code or the municipal OMVI ordinance is dismissed for any
reason, the court shall order that the vehicle seized at the time
of the arrest and its license plates immediately
be released to the vehicle owner subject to the payment of
expenses or charges incurred in the removal and
storage of the vehicle.
(D) If a vehicle is seized under division (B) of this section
and is not returned or released to the vehicle
owner pursuant to division (C) of this section,
the vehicle or its license plates shall be retained until the final
disposition of the charge in
question. Upon the final disposition of that charge, the court
shall do whichever of the following is applicable:
(1) If the vehicle operator is convicted of or pleads
guilty to the violation of division (A) of section 4511.19 of the
Revised Code or of the municipal OMVI ordinance, the court shall
impose sentence upon the vehicle operator as provided by law or
ordinance and, subject to section 4503.235 of the Revised Code,
shall order the immobilization of the vehicle the vehicle operator was
operating at the time of, or that was involved in, the offense and the
impoundment
of its license plates under section 4503.233 and
section 4511.193 or 4511.99 of the Revised Code, or the criminal
forfeiture of the vehicle under section 4503.234 and
section 4511.193 or 4511.99 of the Revised Code, whichever is
applicable.
(2) If the vehicle operator is found not guilty of the
violation of division (A) of section 4511.19 of the Revised Code
or of the municipal OMVI ordinance, the court shall order that
the vehicle and its license plates immediately be
released to the vehicle owner upon the payment of any
expenses or charges incurred in its removal and
storage.
(3) If the charge that the vehicle operator violated
division (A) of section 4511.19 of the Revised Code or the
municipal OMVI ordinance is dismissed for any reason, the court
shall order that the vehicle and its license
plates immediately be released to the vehicle owner
upon the payment of any expenses or charges
incurred in its removal and storage.
(E) If a vehicle is seized under division (B) of this
section, the time between the seizure of the vehicle and either
its release to the vehicle owner under division (C)
of this section or the issuance of an order of
immobilization of the vehicle under section 4503.233 of
the Revised Code shall be credited against the period of
immobilization ordered by the court.
(F)(1) The vehicle owner may be charged expenses or charges
incurred in the removal and storage of the immobilized vehicle.
The court with jurisdiction over the case, after notice to all
interested parties, including lienholders, and after an
opportunity for them to be heard, if the vehicle owner fails to
appear in person, without good cause, or if the court finds that
the vehicle owner does not intend to seek release of the vehicle
at the end of the period of immobilization under section 4503.233
of the Revised Code or that the vehicle owner is not or will not
be able to pay the expenses and charges incurred in its removal
and storage, may order that title to the vehicle be transferred,
in order of priority, first into the name of the person or entity
that removed it, next into the name of a lienholder, or lastly
into the name of the owner of the place of storage.
Any lienholder that receives title under a court
order shall do so on the condition that it pay any expenses or
charges incurred in the vehicle's removal and
storage. If the person or entity that receives title to the vehicle
is the person or entity that removed it, the person or entity
shall receive title on the condition that it pay any lien on the
vehicle. The court
shall not order that title be transferred to any person or entity
other than the owner of the place of storage if the person or
entity refuses to receive the title. Any person or entity that
receives title either may keep title to the vehicle or may
dispose of the vehicle in any legal manner that it considers
appropriate, including assignment of the certificate of title to
the motor vehicle to a salvage dealer or a scrap metal processing
facility. The person or entity shall not
transfer the vehicle to the person who is the
vehicle's immediate previous
owner.
If the person or entity assigns the motor vehicle to a
salvage dealer or scrap metal processing facility, the person or
entity shall send the assigned certificate of title to the motor
vehicle to the clerk of the court of common pleas of the county
in which the salvage dealer or scrap metal processing facility
is located. The person or entity shall mark the face of the
certificate of title with the words "for
destruction" and shall deliver a photocopy of
the certificate of title to the salvage dealer or scrap metal
processing facility for its records.
(2) Whenever a court issues an order under division (F)(1)
of this section, the court also shall order removal of the license plates
from the vehicle and cause them to be sent to the registrar of motor
vehicles if they have not already been sent to the registrar.
Thereafter, no further proceedings shall take place under this section or
under section 4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1) of this
section, and upon payment of the fee under division (B) of
section 4505.14 of the Revised Code, any interested party may
cause a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall provide notice
to the vehicle owner, the defendant, any lienholder, and any
other interested parties listed by the initiating party, at the
last known address supplied by the initiating party, by certified
mail or, at the option of the initiating party, by personal
service or ordinary mail.
Section 2. That existing sections 3937.41, 4503.181, 4506.01,
4506.02, 4506.11, 4507.13, 4507.50, 4507.51, 4507.52, 4509.01,
4511.091, and 4511.195 of the Revised Code are hereby repealed.
Section 3. In fiscal year 1998, the Director of Budget and
Management may transfer $70,000 from the Population Protection
Planning Fund (Fund 344), $72,000 from the Radiological
Protection Planning Fund (Fund 345), and $15,000 from the
Survival Crisis Management Fund (Fund 346), into the Highway
Safety Federal Reimbursement Fund (Fund 831), in order to repay
previous transfers made for seed money purposes. Any remaining
amounts in funds 344, 345, and 346 may be transferred by the
Director of Budget and Management to the Emergency Management
Assistance and Training Fund (Fund 339).
Section 4. That section 4507.13 of the Revised Code, as amended
by Am. Sub. S.B. 35 of the 122nd General Assembly, be amended to
read as follows:
Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person licensed as a commercial motor vehicle driver under
Chapter 4506. of the Revised Code need procure a driver's
license, but no person shall drive any commercial motor vehicle
unless licensed as a commercial motor vehicle driver.
Every driver's license shall bear DISPLAY on it the
distinguishing
number assigned to the licensee and shall contain DISPLAY the
licensee's
name, AND date of birth,; THE LICENSEE'S
social security number if such number has
been assigned
AND IF THE LICENSEE REQUESTS THAT THE SOCIAL SECURITY
NUMBER APPEAR ON THE DRIVER'S LICENSE OR IF REQUIRED BY FEDERAL
LAW; the licensee's residence address and county of
residence; a color photograph of the licensee; a brief description of the
licensee for the purpose
of identification; a facsimile of the signature of the licensee
as it appears on the application for the license; a space marked
"blood type" in which a licensee may specify the licensee's
blood type; a notation, in a manner prescribed by the registrar, indicating
any condition described in division (D)(3) of section 4507.08 of the
Revised Code
to which the licensee is subject; on and after May
1, 1993, if the licensee has executed a durable power of attorney
for health care or a declaration governing the use or
continuation, or the withholding or withdrawal, of
life-sustaining treatment and has specified that the licensee
wishes the license to indicate that the
licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee has executed either type of instrument; and any
additional information that the registrar requires by rule.
The driver's license for licensees under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a licensee who is twenty-one years of age or older, except that a
driver's license issued to a person who applies no more than thirty days
before the applicant's twenty-first birthday shall have the characteristics of
a license issued to a person who is twenty-one year YEARS of age
or older.
The driver's license issued to a temporary resident shall contain the word
"nonrenewable" and shall have any additional characteristics prescribed by the
registrar distinguishing it from a license issued to a resident.
Every driver's or commercial driver's license bearing DISPLAYING
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall bear DISPLAY the designation
"novice,"
if the endorsement or license is issued to a person who is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license.
Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material.
(B) Except in regard to a driver's license issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy registrar
shall
issue a driver's license to anyone under twenty-one years of age that does not
have the characteristics prescribed by the registrar distinguishing it from
the driver's license issued to persons who are twenty-one years of age or
older.
Section 5. That all existing versions of section 4507.13 of the
Revised Code are hereby repealed.
Section 6. Sections 4 and 5 of this act shall take effect
January 1, 1999.
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