130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
S. B. No. 35

SENATORS B. JOHNSON-WATTS-SWEENEY


A BILL
To amend sections 4507.05, 4507.07, 4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 4507.162, 4507.24, and 4507.99, and to enact section 4507.071 of the Revised Code to revise the conditions under which a driver's license is issued to a person under age 18, to maintain the provisions of this act on and after May 15, 1997, by amending the versions of sections 4507.08 and 4507.99 of the Revised Code that take effect on that date, and to maintain the provisions of this act on and after July 1, 1997, by amending the version of section 4507.99 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 4507.05, 4507.07, 4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 4507.162, 4507.24, and 4507.99 be amended and section 4507.071 of the Revised Code be enacted to read as follows:

Sec. 4507.05. (A) The registrar of motor vehicles, or the A deputy registrar, upon receiving from any person an application for a temporary instruction permit for a driver's license FROM ANY PERSON WHO IS AT LEAST FIFTEEN YEARS AND SIX MONTHS OF AGE, may issue such a permit entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle, other than a commercial motor vehicle, upon the highways when UNDER THE FOLLOWING CONDITIONS:

(1) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS AND SIX MONTHS OF AGE, BUT LESS THAN SIXTEEN YEARS OF AGE:

(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION;

(b) THE HOLDER IS ACCOMPANIED BY AN ELIGIBLE ADULT WHO ACTUALLY OCCUPIES THE SEAT BESIDE THE PERMIT HOLDER;

(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING DEVICE.

(2) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST SIXTEEN YEARS OF AGE:

(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION;

(b) THE HOLDER IS accompanied by a licensed operator who is AT LEAST TWENTY-ONE YEARS OF AGE AND WHO IS actually occupying a seat beside the driver;

(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING DEVICE. The

(B) THE registrar or a deputy registrar, upon receiving from any person an application for a temporary instruction permit to operate a motorcycle or motorized bicycle, may issue such a permit entitling the applicant, while having the permit in his THE APPLICANT'S immediate possession, to drive a motorcycle OR MOTORIZED BICYCLE under restrictions determined by the registrar. Such permits A TEMPORARY INSTRUCTION PERMIT TO OPERATE A MOTORIZED BICYCLE MAY BE ISSUED TO A PERSON FOURTEEN OR FIFTEEN YEARS OLD.

(C) ANY PERMIT ISSUED UNDER THIS SECTION shall be issued in the same manner as drivers' licenses, including the age requirements as provided under section 4507.08 of the Revised Code A DRIVER'S LICENSE, upon forms A FORM to be furnished by the registrar, except that no photograph of the applicant shall be required on the permit, and that temporary instruction permits for motorized bicycles may be issued to persons fourteen or fifteen years old. No such A TEMPORARY INSTRUCTION permit shall be granted TO A PERSON WHO IS UNDER THE AGE OF SIXTEEN SHALL BE VALID FOR ONE YEAR AND A TEMPORARY INSTRUCTION PERMIT GRANTED TO A PERSON WHO IS AT LEAST SIXTEEN YEARS OF AGE SHALL BE VALID for a period to exceed OF six months. A TEMPORARY INSTRUCTION PERMIT ISSUED TO A PERSON UNDER THE AGE OF SIXTEEN SHALL BE DISTINGUISHABLE BY COLOR OR IN SOME OTHER MANNER, AS DETERMINED BY THE REGISTRAR, FROM THAT ISSUED TO A PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER.

(D) Any person having in his THE PERSON'S possession a valid and current driver's license or motorcycle operator's license or endorsement issued to him THE PERSON by another jurisdiction recognized by this state is exempt from obtaining a temporary instruction permit for a driver's license, but shall submit to the regular examination in obtaining a driver's license or motorcycle operator's endorsement in this state. The

(E) THE registrar may adopt rules governing the use of such TEMPORARY instruction permits.

(F)(1) NO HOLDER OF A PERMIT ISSUED UNDER DIVISION (A) OF THIS SECTION SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING IN VIOLATION OF THE CONDITIONS ESTABLISHED UNDER DIVISION (A) OF THIS SECTION.

(2) NO HOLDER OF A PERMIT ISSUED UNDER DIVISION (A) OF THIS SECTION ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION WHO IS UNDER THE AGE OF EIGHTEEN SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING BETWEEN THE HOURS OF MIDNIGHT AND FIVEa.m.

(G) AS USED IN THIS SECTION:

(1) "ELIGIBLE ADULT" MEANS EITHER OF THE FOLLOWING:

(a) AN INSTRUCTOR OF A DRIVER EDUCATION COURSE APPROVED BY THE DEPARTMENT OF EDUCATION OR A DRIVER TRAINING COURSE APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY;

(b) A PARENT OR GUARDIAN OF THE PERMIT HOLDER WHO HOLDS A CURRENT VALID DRIVER'S OR COMMERCIAL DRIVER'S LICENSE ISSUED BY THIS STATE.

(2) "OCCUPANT RESTRAINING DEVICE" HAS THE SAME MEANING AS IN SECTION 4513.263 OF THE REVISED CODE.

Sec. 4507.07. (A) The registrar of motor vehicles shall not grant the application of any minor under eighteen years of age for a probationary license or, a restricted license, OR A TEMPORARY INSTRUCTION PERMIT, unless the application is signed by one of the minor's parents, the minor's guardian, another person having custody of the applicant, or, if there is no parent or guardian, a responsible person who is willing to assume the obligation imposed under this section.

At the time a minor under eighteen years of age submits an application for a license OR PERMIT at a driver's license examining station, the adult who signs the application shall present identification establishing that the adult is the individual whose signature appears on the application. The registrar shall prescribe, by rule, the types of identification that are suitable for the purposes of this paragraph. If the adult who signs the application does not provide identification as required by this paragraph, the application shall not be accepted.

When a minor under eighteen years of age applies for a probationary license or, a restricted license, OR A TEMPORARY INSTRUCTION PERMIT, the registrar shall give the adult who signs the application notice of the potential liability that may be imputed to the adult pursuant to division (B) of this section and notice of how the adult may prevent any liability from being imputed to the adult pursuant to that division.

(B) Any negligence, or willful or wanton misconduct, that is committed by a minor under eighteen years of age when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of the minor for a probationary license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT, which person shall be jointly and severally liable with the minor for any damages caused by the negligence or the willful or wanton misconduct. This joint and several liability is not subject to division (D) of section 2315.19, division (F) of section 2315.20, or division (B) of section 2307.31 of the Revised Code with respect to a negligence or other tort claim that otherwise is subject to any of those sections.

There shall be no imputed liability imposed under this division if a minor under eighteen years of age has proof of financial responsibility with respect to the operation of a motor vehicle owned by the minor or, if the minor is not the owner of a motor vehicle, with respect to the minor's operation of any motor vehicle, in the form and in the amounts as required under Chapter 4509. of the Revised Code.

(C) Any person who has signed the application of a minor under eighteen years of age for a license OR PERMIT subsequently may surrender to the registrar the license or temporary instruction permit of the minor and request that the license or permit be canceled. The registrar then shall cancel the license or temporary instruction permit, and the person who signed the application of the minor shall be relieved from the liability imposed by division (B) of this section.

(D) Any minor under eighteen years of age whose probationary license, restricted license, or temporary instruction permit is surrendered to the registrar by the person who signed the application for the license OR PERMIT and whose license or temporary instruction permit subsequently is canceled by the registrar may obtain a new license or temporary instruction permit without having to undergo the examinations otherwise required by sections 4507.11 and 4507.12 of the Revised Code and without having to tender the fee for that license or temporary instruction permit, if the minor is able to produce another parent, guardian, other person having custody of the minor, or other adult, and that adult is willing to assume the liability imposed under division (B) of this section. That adult shall comply with the procedures contained in division (A) of this section.

Sec. 4507.071. (A) NO DRIVER'S LICENSE SHALL BE ISSUED TO ANY PERSON UNDER EIGHTEEN YEARS OF AGE, EXCEPT THAT A PROBATIONARY LICENSE MAY BE ISSUED TO A PERSON WHO IS AT LEAST SIXTEEN YEARS OF AGE AND HAS HELD A TEMPORARY INSTRUCTION PERMIT FOR A PERIOD OF AT LEAST SIX MONTHS.

(B) NO HOLDER OF A PROBATIONARY LICENSE ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING BETWEEN THE HOURS OF MIDNIGHT AND FIVEa.m.

(C) NO HOLDER OF A PROBATIONARY LICENSE SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING UNLESS ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING DEVICE.

(D) A RESTRICTED LICENSE MAY BE ISSUED TO A PERSON WHO IS FOURTEEN OR FIFTEEN YEARS OF AGE UPON PROOF OF HARDSHIP SATISFACTORY TO THE REGISTRAR OF MOTOR VEHICLES.

(E) AS USED IN THIS SECTION, "OCCUPANT RESTRAINING DEVICE" HAS THE SAME MEANING AS IN SECTION 4513.263 OF THE REVISED CODE.

Sec. 4507.08. No driver's license shall be issued to any person under eighteen years of age, except that a probationary license may be issued to a person over sixteen years of age and a restricted license may be issued to a person who is fourteen or fifteen years of age upon proof of hardship satisfactory to the registrar of motor vehicles. (A) No probationary license shall be issued to any person under the age of eighteen who has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program.

(B) No temporary instruction permit or driver's license shall be issued to any person whose license has been suspended, during the period for which the license was suspended, nor to any person whose license has been revoked, under sections 4507.01 to 4507.39 of the Revised Code, until the expiration of one year after the license was revoked.

(C) No temporary instruction permit or driver's license shall be issued to any person whose commercial driver's license is suspended under section 1905.201, 4507.16, 4507.34, 4507.99, 4511.191, or 4511.196 of the Revised Code or under any other provision of the Revised Code during the period of the suspension.

(D) No temporary instruction permit or driver's license shall be issued to, or retained by ANY OF THE FOLLOWING PERSONS:

(A)(1) Any person who is an alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety;

(B)(2) Any person who is under the age of eighteen and has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program;

(C)(3) Any person who, in the opinion of the registrar, is afflicted with or suffering from a physical or mental disability or disease that prevents him THE PERSON from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways, except that a restricted license effective for six months may be issued to any person otherwise qualified who is or has been subject to any condition resulting in episodic impairment of consciousness or loss of muscular control and whose condition, in the opinion of the registrar, is dormant or is sufficiently under medical control that he THE PERSON is capable of exercising reasonable and ordinary control over a motor vehicle. A restricted license effective for six months shall be issued to any person who is otherwise qualified who is subject to any condition which causes episodic impairment of consciousness or a loss of muscular control if the person presents a statement from a licensed physician that his THE PERSON'S condition is under effective medical control and the period of time for which the control has been continuously maintained, unless, thereafter, a medical examination is ordered and, pursuant thereto, cause for denial is found.

A person to whom a six-month restricted license has been issued shall give notice of his THE PERSON'S medical condition to the registrar on forms provided by the registrar and signed by the licensee's physician. The notice shall be sent to the registrar six months after the issuance of the license. Subsequent restricted licenses issued to the same individual shall be effective for six months.

(D)(4) Any person who is unable to understand highway warnings or traffic signs or directions given in the English language;

(E)(5) Any person making an application whose driver's license or driving privileges are under revocation or suspension in the jurisdiction where issued or any other jurisdiction, until the expiration of one year after the license was revoked or until the period of suspension ends. Any person whose application is denied under this division may file a petition in the municipal court or county court in whose jurisdiction the person resides agreeing to pay the cost of the proceedings and alleging that the conduct involved in the offense that resulted in suspension or revocation in the foreign jurisdiction would not have resulted in a suspension or revocation had the offense occurred in this state. If the petition is granted, petitioner shall notify the registrar of motor vehicles by a certified copy of the court's findings and a license shall not be denied under this division;

(F)(6) Any person whose driver's or commercial driver's license or permit has been permanently revoked pursuant to division (C) of section 4507.16 of the Revised Code.

(E) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL MAY 15, 1997.

Sec. 4507.081. (A) Upon the expiration of a restricted license issued under division (C)(D)(3) of section 4507.08 of the Revised Code and submission of a statement as provided in division (C) of this section, the registrar of motor vehicles may issue a driver's license to the person to whom the restricted license was issued. A driver's license issued under this section shall, unless otherwise revoked, SHALL be effective for one year.

(B) A driver's license issued under this section may be renewed annually, for no more than three consecutive years, whenever the person to whom the license has been issued submits to the registrar, by certified mail and no sooner than thirty days prior to the expiration date of the license or renewal thereof, a statement as provided in division (C) of this section. A renewal of a driver's license shall, unless the license is otherwise revoked, SHALL be effective for one year following the expiration date of the license or renewal thereof, and shall be evidenced by a validation sticker. The renewal validation sticker shall be in a form prescribed by the registrar and shall be affixed to the license.

(C) No person may be issued a driver's license under this section, and no such driver's license may be renewed, unless the person presents a signed statement from a licensed physician that the person's condition is either IS dormant or IS under effective medical control, that the control has been maintained continuously for at least one year prior to the date on which application for the license is made, and that, if continued medication is prescribed to control the condition, the person may be depended upon to take the medication.

The statement shall be made on a form provided by the registrar, shall be in not less than duplicate, and shall contain such ANY other information as the registrar considers necessary. The duplicate copy of the statement may be retained by the person requesting the license renewal and, when in his THE PERSON'S immediate possession and used in conjunction with the original license, shall entitle him THE PERSON to operate a motor vehicle during a period of no more than thirty days following the date of submission of the statement to the registrar, except when the registrar denies the request for the license renewal and so notifies the person.

(D) Whenever the registrar receives a statement indicating that the condition of a person to whom a driver's license has been issued under this section is no longer IS dormant or under effective medical control, the registrar shall revoke the person's driver's license.

(E) Nothing in this section shall require a person submitting a signed statement from a licensed physician to obtain a medical examination prior to the submission of the statement.

(F) Any person whose driver's license has been revoked under this section may apply for a subsequent restricted license according to the provisions of section 4507.08 of the Revised Code.

Sec. 4507.10. (A) The registrar of motor vehicles shall examine every applicant for a TEMPORARY INSTRUCTION PERMIT, driver's license, or motorcycle operator's endorsement before issuing any such PERMIT, license, or endorsement.

(B) Except as provided in section 4507.12 of the Revised Code, the registrar may waive the examination of any person applying for the renewal of a driver's license, or motorcycle operator's endorsement issued under this chapter, provided that the applicant presents either an unexpired license or endorsement or a license or endorsement which has expired not more than six months prior to the date of application.

(C) The registrar may waive the examination of any person applying for the renewal of such license or endorsement who is on active duty in the military or naval forces of the United States, or in service with the peace corps, volunteers in service to America, or the foreign service of the United States if the applicant has no physical or mental disabilities that would affect his THE APPLICANT'S driving ability and was an Ohio licensee at the time he THE APPLICANT commenced such active duty or service.

(D) Except as provided in section 4507.12 of the Revised Code, the registrar may waive the examination of any person applying for such license or endorsement who meets either of the following sets of qualifications:

(1) Has been on active duty in the military or naval forces of the United States, presents an honorable discharge certificate showing that he THE APPLICANT has no physical or mental disabilities which would affect his THE APPLICANT'S driving ability, was an Ohio licensee at the time he THE APPLICANT commenced such active duty, and makes the application not more than six months after the date of discharge or separation;

(2) Was in service with the peace corps, volunteers in service to America, or the foreign service of the United States; presents such evidence of such service as the registrar prescribes showing that the applicant has no physical or mental disabilities that would affect his APPLICANT'S driving ability; was an Ohio licensee at the time he APPLICANT commenced such service; and makes the application no more than six months after leaving the peace corps, volunteers, or foreign service.

Sec. 4507.11. The registrar of motor vehicles shall conduct all necessary examinations of applicants for TEMPORARY INSTRUCTION PERMITS, drivers' licenses, or motorcycle operators' endorsements. Such THE examination shall include a test of the applicant's knowledge of motor vehicle laws, including the laws on stopping for school buses, a test of his THE APPLICANT'S physical fitness to drive, and a test of his THE APPLICANT'S ability to understand highway traffic control devices. Such THE examination may be conducted in such a manner that applicants who are illiterate or limited in their knowledge of the English language may be tested by methods that would indicate to the examining officer that the applicant has a reasonable knowledge of motor vehicle laws and understands highway traffic control devices. Such AN applicant FOR A DRIVER'S LICENSE shall give an actual demonstration of his THE ability to exercise ordinary and reasonable control in the operation of a motor vehicle by driving the same under the supervision of an examining officer. An applicant for a motorcycle operator's endorsement shall give an actual demonstration of his THE ability to exercise ordinary and reasonable control in the operation of a motorcycle by driving the same under the supervision of an examining officer. Except as provided in section 4507.12 of the Revised Code, the registrar shall designate the highway patrol or any law enforcement body to supervise and conduct examinations for TEMPORARY INSTRUCTION PERMITS, drivers' licenses, and motorcycle operators' endorsements and shall provide the necessary rules and forms to properly conduct such THE examinations. The records of such THE examinations, together with the application for a TEMPORARY INSTRUCTION PERMIT, driver's license, or motorcycle operator's endorsement, shall be forwarded to the registrar by the deputy registrar, and, if in the opinion of the registrar the applicant is qualified to operate a motor vehicle, the registrar shall issue such THE PERMIT, license, or endorsement.

The registrar may authorize the highway patrol or other designated law enforcement body to issue an examiner's driving permit to an applicant who has passed the required examination, permitting such AUTHORIZING THAT applicant to operate a motor vehicle while the registrar is completing his AN investigation relative to such THAT applicant's qualifications to receive a TEMPORARY INSTRUCTION PERMIT, driver's license, or motorcycle operator's endorsement. Such THE examiner's driving permit shall be in the immediate possession of the applicant while operating a motor vehicle and shall be effective until final action and notification has been given by the registrar, but in no event longer than sixty days from its date of issuance.

Sec. 4507.12. (A) Except as provided in division (C) of section 4507.10 of the Revised Code, each person applying for A TEMPORARY INSTRUCTION PERMIT OR the renewal of a driver's license shall submit to a screening of his THE PERSON'S vision before the PERMIT IS ISSUED OR THE license may be renewed. The vision screening shall be conducted at the office of the deputy registrar receiving the application for ISSUANCE OF THE PERMIT OR license renewal.

(B) When the results of a vision screening given under division (A) of this section indicate that the vision of the person examined meets the standards required for licensing, the deputy registrar may ISSUE THE PERMIT TO AN APPLICANT WHO IS OTHERWISE QUALIFIED OR renew the person's driver's license, AS APPLICABLE, at that time.

(C) When the results of a vision screening given under division (A) of this section indicate that the vision of the person screened may not meet the standards required for licensing, the deputy registrar shall not ISSUE THE PERMIT OR renew the person's driver's license at that time, but shall refer the person to a driver's license examiner appointed by the superintendent of the state highway patrol under section 5503.21 of the Revised Code for a further examination of his THE PERSON'S vision. When a person referred to a driver's license examiner by a deputy registrar does not meet the vision standards required for licensing, the driver's license examiner shall retain the person's operator's or chauffeur's license OF A PERSON APPLYING FOR LICENSE RENEWAL and shall immediately SHALL notify the registrar of motor vehicles of that fact. No TEMPORARY INSTRUCTION PERMIT OR driver's license shall be issued to any such person, until the person's vision is corrected to meet the standards required for licensing and the person passes the vision screening required by this section. Any person who operates a motor vehicle on a highway, or on any public or private property used by the public for purposes of vehicular travel or parking, during the time his THE PERSON'S driver's license is held by a driver's license examiner under this division, shall be deemed to be operating a motor vehicle in violation of division (A) of section 4507.02 of the Revised Code.

(D) The registrar shall adopt rules and shall provide any forms necessary to properly conduct vision screenings at the office of a deputy registrar.

(E) No person conducting vision screenings under this section shall be personally liable for damages for injury or loss to persons or property and for death caused by the operation of a motor vehicle by any person whose TEMPORARY INSTRUCTION PERMIT WAS ISSUED OR WHOSE driver's license was renewed by the deputy registrar under division (B) of this section.

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 on it the distinguishing number assigned to the licensee and shall contain the licensee's name, date of birth, social security number if such number has been assigned; 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 his 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 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; 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.

Every driver's or commercial driver's license bearing a motorcycle operator's endorsement and every restricted license to operate a motor vehicle also shall bear 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) 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. 4507.162. (A) Except as provided in division (C) of this section, the registrar of motor vehicles shall suspend the probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT issued to any person when the person, before reaching his THE PERSON'S eighteenth birthday, has been convicted of, pleaded guilty to, or been adjudicated in juvenile court of having committed any of the following:

(1) Three TWO separate violations in any two-year period of section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised Code, section 2903.04 of the Revised Code in a case in which the person would have been subject to the sanctions described in division (D) of that section had he THE PERSON been convicted of the violation of that section, or any municipal ordinances similarly relating to the offenses contained in those sections;

(2) One violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance.

Any person whose license OR PERMIT is suspended under division (A)(1) OR (2) of this section shall mail or deliver his THE PERSON'S probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT to the registrar within fourteen days of notification of the suspension. The registrar shall retain the license OR PERMIT during the period of the suspension. A suspension pursuant to division (A)(1) of this section shall remain in effect until one year has elapsed since the date of suspension of the probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT and a suspension pursuant to division (A)(2) of this section shall remain in effect until six months have elapsed since the date of the suspension. If the person's probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT is under suspension on the date the court imposes sentence upon the person for a violation described in division (A)(2) of this section, the suspension shall take effect on the next day immediately following the end of that period of suspension. If the person is sixteen years of age or older and pleads guilty to or is convicted of a violation described in division (A)(2) of this section and he THE PERSON does not have a current, valid probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT, the registrar shall deny the issuance to the person of a probationary driver's license, restricted license, driver's license, probationary commercial driver's license, or commercial driver's license, OR TEMPORARY INSTRUCTION PERMIT, as the case may be, for six months beginning on the date the court imposes sentence upon the person for the violation. If the person has not attained the age of sixteen years on the date the court imposes sentence upon him THE PERSON for the violation, the period of denial shall commence on the date the person attains the age of sixteen years.

(B) The registrar also shall suspend the temporary instruction permit or probationary driver's license of any person under the age of eighteen who has been adjudicated unruly, delinquent, or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense as defined in section 2925.01 of the Revised Code, or a violation of division (B) of section 2917.11 of the Revised Code until the person reaches the age of eighteen years or attends, at the discretion of the court, and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. Any person whose temporary instruction permit or probationary driver's license is suspended under this division shall mail or deliver his THE PERSON'S permit or license to the registrar within fourteen days of notification of the suspension. The registrar shall retain the PERMIT OR license during the period of the suspension.

(C) If a person is convicted of, pleads guilty to, or is adjudicated in juvenile court of having committed a third SECOND violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or any similar municipal ordinances within a two-year period, and the person, within the preceding seven years, has been convicted of, pleaded guilty to, or adjudicated in juvenile court of having committed three or more violations of division (A) or (B) of section 4511.19 of the Revised Code, 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, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the person 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 person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the person is not entitled to request, and the court shall not grant to the person, occupational driving privileges under this division. For any other person who is convicted of, pleads guilty to, or is adjudicated in juvenile court of having committed a third SECOND violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or any similar municipal ordinances within a two-year period, the court in which the third SECOND conviction, finding, plea, or adjudication was made, upon petition of the person, may grant the person occupational driving privileges if the court finds that the person will reach his THE PERSON'S eighteenth birthday before the period of suspension required to be imposed under division (A)(1) of this section expires and further finds reasonable cause to believe that the suspension, if continued beyond the person's eighteenth birthday, will seriously affect the person's ability to continue in his employment. The occupational driving privileges granted under this division shall be effective on the person's eighteenth birthday and during the period following such birthday for which the suspension would otherwise WOULD be imposed. A court shall not grant occupational driving privileges to any person who, within seven years of the filing of the petition, has been convicted of, pleaded guilty to, or adjudicated in juvenile court of having committed three or more violations of division (A) or (B) of section 4511.19 of the Revised Code, 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, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, section 2903.04 of the Revised Code in a case in which the person 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 person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse. In granting occupational driving privileges, the court shall specify the times and places at which the person may drive and may impose any other conditions upon the person's use of a motor vehicle that the court considers reasonable and necessary.

A court that grants occupational driving privileges to a person under this division shall retain the person's probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT during the period the license OR PERMIT is suspended and also during the period for which occupational driving privileges are granted, and shall deliver to the person a permit card, in a form to be prescribed by the court, setting forth the date on which the occupational driving privileges will become effective, the times and places at which the person may drive, and any other conditions imposed upon the person's use of a motor vehicle.

The court immediately shall notify the registrar, in writing, of a grant of occupational driving privileges. The notification shall specify the date on which the occupational driving privileges will become effective, the times and places at which the person may drive, and any other conditions imposed upon the person's use of a motor vehicle. The registrar shall not suspend the probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT of any person pursuant to division (A) of this section during any period for which the person has been granted occupational driving privileges as provided in this division, if the registrar has received the notification described in this division from the court.

(D) If a person who has been granted occupational driving privileges under division (C) of this section is convicted of, pleads guilty to, or is adjudicated in juvenile court of having committed, a violation of section 4507.02 of the Revised Code, or a fourth THIRD or subsequent violation of any of the other sections of the Revised Code listed in division (A)(1) of this section or any similar municipal ordinance during the period for which he THE PERSON was granted occupational driving privileges, the court that granted the occupational driving privileges shall revoke them and cancel the person's permit card. The court or the clerk of the court immediately shall forward the person's probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT together with written notification of the court's action to the registrar. Upon receipt of the license OR PERMIT and notification, the registrar shall suspend the person's probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT for a period of one year. The registrar shall retain the license OR PERMIT during the period of suspension, and no further occupational driving privileges shall be granted during that period.

(E) No application for a driver's or commercial driver's license shall be received from any person whose probationary driver's license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT has been suspended under this section until the suspension period has expired, a temporary instruction permit or commercial driver's license temporary instruction permit has been issued, and the applicant has submitted to the examination for a driver's license as provided for in section 4507.11 or a commercial driver's license as provided in Chapter 4506. of the Revised Code.

Sec. 4507.24. (A) Each deputy registrar may collect a fee not to exceed the following:

(1) Three dollars and twenty-five cents for each application for ISSUANCE OF A TEMPORARY INSTRUCTION PERMIT OR THE renewal of a driver's license received by him THE DEPUTY, when the applicant is required to submit to a VISION screening of his vision under section 4507.12 of the Revised Code;

(2) Two dollars and twenty-five cents for each application for a driver's license, or motorized bicycle license, or for renewal of such a license, received by him THE DEPUTY, when the applicant is not required to submit to a VISION screening of his vision under section 4507.12 of the Revised Code.

(B) The fees prescribed by division (A) of this section shall be in addition to the fee for a temporary instruction permit and examination, a driver's license, a motorized bicycle license, or duplicates thereof, and shall compensate the deputy registrar for his THE DEPUTY'S services, for office and rental expense, and for costs as provided in division (C) of this section, as are necessary for the proper discharge of his THE DEPUTY'S duties under sections 4507.01 to 4507.39 of the Revised Code.

(C) Each deputy registrar shall transmit to the registrar of motor vehicles, at such time and in such manner as the registrar shall require by rule, an amount of each fee collected under division (A)(1) of this section as shall be determined by the registrar. The registrar shall pay all moneys so received by him into the state bureau of motor vehicles fund created in section 4501.25 of the Revised Code.

Sec. 4507.99. (A) Whoever violates division (B)(2) or (D)(1) of section 4507.02 of the Revised Code is guilty of driving under suspension or revocation or in violation of license restrictions, a misdemeanor of the first degree. Whoever violates division (C) of section 4507.02 of the Revised Code is guilty of driving without paying a license reinstatement fee, a misdemeanor of the first degree. Except as otherwise provided in division (D) of section 4507.162 of the Revised Code, the court, in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of any person who pleads guilty to or is convicted of a violation of division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised Code.

(B) Whoever violates division (D)(2) of section 4507.02 of the Revised Code is guilty of driving under OMVI suspension or revocation and shall be punished as provided in division (B)(1), (2), or (3) and divisions (B)(4) to (8) of this section.

(1) If, within five years of the offense, the offender has not been convicted of or pleaded guilty to any violation of division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is a misdemeanor of the first degree, and the court shall sentence the offender to a term of imprisonment of not less than three consecutive days and may sentence the offender pursuant to section 2929.21 of the Revised Code to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (B)(6) of this section, the court may sentence the offender to a term of not less than thirty consecutive days of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. The period of electronically monitored house arrest shall not exceed six months. In addition, the court shall impose upon the offender a fine of not less than two hundred fifty and not more than one thousand dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is a misdemeanor, and the court shall sentence the offender to a term of imprisonment of not less than ten consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (B)(6) of this section, the court may sentence the offender to a term of not less than ninety consecutive days of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. The period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for sixty days of the vehicle the offender was operating at the time of the offense and the impoundment for sixty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is guilty of a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than thirty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. The court shall not sentence the offender to a term of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. In addition, the court shall impose upon the offender a fine of not less than five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(4) In addition to or independent of all other penalties provided by law or ordinance, the trial judge of any court of record or the mayor of a mayor's court shall suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of an offender who is sentenced under division (B)(1), (2), or (3) of this section.

(5) Fifty per cent of any fine imposed by a court under division (B)(1), (2), or (3) of this section shall be deposited into the county indigent driver's alcohol treatment fund or municipal indigent drivers alcohol treatment fund under the control of that court, as created by the county or municipal corporation pursuant to division (N) of section 4511.191 of the Revised Code.

(6) No court shall impose the alternative sentence of not less than thirty consecutive days of electronically monitored house arrest permitted to be imposed by division (B)(1) of this section or the alternative sentence of a term of not less than ninety consecutive days of electronically monitored house arrest permitted to be imposed by division (B)(2) of this section, unless within sixty days of the date of sentencing, the court issues a written finding, entered into the record, that, due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon him, the offender will not be able to begin serving his term of imprisonment within the sixty-day period following the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of or including electronically monitored house arrest permitted to be imposed by division (B)(1) or (2) of this section.

(7) An offender sentenced under this section to a period of electronically monitored house arrest shall be permitted work release during such period. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and his home or other place specified by the sentencing court and the time actually spent under employment.

(8) Suspension of a commercial driver's license under this section shall be concurrent with any period of disqualification under section 4506.16 of the Revised Code. No person who is disqualified for life from holding a commercial driver's license under section 4506.16 of the Revised Code shall be issued a driver's license under this chapter during the period for which the commercial driver's license was suspended under this section, and no person whose commercial driver's license is suspended under this section shall be issued a driver's license under this chapter during the period of the suspension.

(C) Whoever violates division (B)(1) of section 4507.02 of the Revised Code is guilty of driving under financial responsibility law suspension or revocation and shall be punished as provided in division (C)(1), (2), or (3) and division (C)(4) of this section.

(1) If, within five years of the offense, the offender has not been convicted of or pleaded guilty to a violation of division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for sixty days of the vehicle the offender was operating at the time of the offense and the impoundment for sixty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in his name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(4) Except as otherwise provided in division (D) of section 4507.162 of the Revised Code, the court, in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of an offender who is sentenced under division (C)(1), (2), or (3) of this section.

(5) The court shall not release a vehicle from the immobilization ordered under division (C)(1) or (2) of this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.

(D) Whoever violates division (A)(1) or (3) of section 4507.02 of the Revised Code by operating a motor vehicle when his driver's or commercial driver's license has been expired for no more than six months is guilty of a minor misdemeanor. Whoever violates division (B) of section 4507.13 or division (C) of section 4507.52 of the Revised Code is guilty of a minor misdemeanor.

(E) Whoever violates section 4507.33 of the Revised Code is guilty of permitting the operation of a vehicle by a person with no legal right to operate a vehicle and shall be punished as provided in division (E)(1) or (2) of this section.

(1) If the offender previously has not been convicted of or pleaded guilty to a violation of section 4507.33 of the Revised Code, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, the court shall order the immobilization for thirty days of the vehicle involved in the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If the offender previously has been convicted of or pleaded guilty to one or more violations of section 4507.33 of the Revised Code, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, the court shall order the criminal forfeiture to the state of the vehicle involved in the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.

(G) Except as provided in divisions (A) to (E) of this section and unless another penalty is provided by the laws of this state, whoever violates any provision of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a misdemeanor of the first degree.

(G)(H) Whenever a person is found guilty of a violation of section 4507.32 of the Revised Code, the trial judge of any court of record, in addition to or independent of all other penalties provided by law or ordinance, may suspend for any period of time not exceeding three years or revoke the license of any person, partnership, association, or corporation, issued under section 4511.763 of the Revised Code.

(H)(I) Whenever a person is found guilty of a violation of a traffic offense specified in Traffic Rule 13(B) that requires the person's appearance in court, the court shall, in addition to and independent of all other penalties required by law or ordinance, require the person to verify the existence at the time of the offense of proof of financial responsibility covering the person's operation of the motor vehicle, or the motor vehicle if registered in the person's name, and impose the civil penalties specified in division (A) of section 4509.101 of the Revised Code if the person fails to verify the existence of such proof of financial responsibility.

(I)(J) This is an interim section effective until May 15, 1997.


Section 2. That existing sections 4507.05, 4507.07, 4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 4507.162, 4507.24, and 4507.99 of the Revised Code are hereby repealed.


Section 3. That section 4507.08 of the Revised Code, as amended by Sub. H.B. 167 of the 121st General Assembly, be amended to read as follows:

Sec. 4507.08. No driver's license shall be issued to any person under eighteen years of age, except that a probationary license may be issued to a person over sixteen years of age and a restricted license may be issued to a person who is fourteen or fifteen years of age upon proof of hardship satisfactory to the registrar of motor vehicles. (A) No probationary license shall be issued to any person under the age of eighteen who has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program.

(B) No temporary instruction permit or driver's license shall be issued to any person whose license has been suspended, during the period for which the license was suspended, nor to any person whose license has been revoked, under sections 4507.01 to 4507.39 of the Revised Code, until the expiration of one year after the license was revoked.

(C) No temporary instruction permit or driver's license shall be issued to any person whose commercial driver's license is suspended under section 1905.201, 2301.374, 4507.16, 4507.34, 4507.99, 4511.191, or 4511.196 of the Revised Code or under any other provision of the Revised Code during the period of the suspension.

(D) No temporary instruction permit or driver's license shall be issued to, or retained by ANY OF THE FOLLOWING PERSONS:

(A)(1) Any person who is an alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety;

(B)(2) Any person who is under the age of eighteen and has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program;

(C)(3) Any person who, in the opinion of the registrar, is afflicted with or suffering from a physical or mental disability or disease that prevents the person from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways, except that a restricted license effective for six months may be issued to any person otherwise qualified who is or has been subject to any condition resulting in episodic impairment of consciousness or loss of muscular control and whose condition, in the opinion of the registrar, is dormant or is sufficiently under medical control that the person is capable of exercising reasonable and ordinary control over a motor vehicle. A restricted license effective for six months shall be issued to any person who is otherwise qualified who is subject to any condition which causes episodic impairment of consciousness or a loss of muscular control if the person presents a statement from a licensed physician that the person's condition is under effective medical control and the period of time for which the control has been continuously maintained, unless, thereafter, a medical examination is ordered and, pursuant thereto, cause for denial is found.

A person to whom a six-month restricted license has been issued shall give notice of the person's medical condition to the registrar on forms provided by the registrar and signed by the licensee's physician. The notice shall be sent to the registrar six months after the issuance of the license. Subsequent restricted licenses issued to the same individual shall be effective for six months.

(D)(4) Any person who is unable to understand highway warnings or traffic signs or directions given in the English language;

(E)(5) Any person making an application whose driver's license or driving privileges are under revocation or suspension in the jurisdiction where issued or any other jurisdiction, until the expiration of one year after the license was revoked or until the period of suspension ends. Any person whose application is denied under this division may file a petition in the municipal court or county court in whose jurisdiction the person resides agreeing to pay the cost of the proceedings and alleging that the conduct involved in the offense that resulted in suspension or revocation in the foreign jurisdiction would not have resulted in a suspension or revocation had the offense occurred in this state. If the petition is granted, petitioner shall notify the registrar of motor vehicles by a certified copy of the court's findings and a license shall not be denied under this division;

(F)(6) Any person whose driver's or commercial driver's license or permit has been permanently revoked pursuant to division (C) of section 4507.16 of the Revised Code.


Section 4. That all existing versions of section 4507.08 of the Revised Code are hereby repealed.


Section 5. That section 4507.99 of the Revised Code, as amended by Am. Sub. H.B. 676 of the 121st General Assembly, be amended to read as follows:

"Sec. 4507.99. (A) Whoever violates division (B)(2) or (D)(1) of section 4507.02 of the Revised Code is guilty of driving under suspension or revocation or in violation of license restrictions, a misdemeanor of the first degree. Whoever violates division (C) of section 4507.02 of the Revised Code is guilty of driving without paying a license reinstatement fee, a misdemeanor of the first degree. Except as otherwise provided in division (D) of section 4507.162 of the Revised Code, the court, in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of any person who pleads guilty to or is convicted of a violation of division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised Code.

(B) Whoever violates division (D)(2) of section 4507.02 of the Revised Code is guilty of driving under OMVI suspension or revocation and shall be punished as provided in division (B)(1), (2), or (3) and divisions (B)(4) to (8) of this section.

(1) Except as otherwise provided in division (B)(2) or (3) of this section, driving under OMVI suspension or revocation is a misdemeanor of the first degree, and the court shall sentence the offender to a term of imprisonment of not less than three consecutive days and may sentence the offender pursuant to section 2929.21 of the Revised Code to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (B)(6) of this section, the court may sentence the offender to a term of not less than thirty consecutive days of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. The period of electronically monitored house arrest shall not exceed six months. In addition, the court shall impose upon the offender a fine of not less than two hundred fifty and not more than one thousand dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is a misdemeanor, and the court shall sentence the offender to a term of imprisonment of not less than ten consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (B)(6) of this section, the court may sentence the offender to a term of not less than ninety consecutive days of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. The period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for sixty days of the vehicle the offender was operating at the time of the offense and the impoundment for sixty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is guilty of a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than thirty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. The court shall not sentence the offender to a term of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. In addition, the court shall impose upon the offender a fine of not less than five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(4) In addition to or independent of all other penalties provided by law or ordinance, the trial judge of any court of record or the mayor of a mayor's court shall suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of an offender who is sentenced under division (B)(1), (2), or (3) of this section.

(5) Fifty per cent of any fine imposed by a court under division (B)(1), (2), or (3) of this section shall be deposited into the county indigent driver's alcohol treatment fund or municipal indigent drivers alcohol treatment fund under the control of that court, as created by the county or municipal corporation pursuant to division (N) of section 4511.191 of the Revised Code.

(6) No court shall impose the alternative sentence of not less than thirty consecutive days of electronically monitored house arrest permitted to be imposed by division (B)(1) of this section or the alternative sentence of a term of not less than ninety consecutive days of electronically monitored house arrest permitted to be imposed by division (B)(2) of this section, unless within sixty days of the date of sentencing, the court issues a written finding, entered into the record, that, due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon the offender, the offender will not be able to begin serving that term of imprisonment within the sixty-day period following the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of or including electronically monitored house arrest permitted to be imposed by division (B)(1) or (2) of this section.

(7) An offender sentenced under this section to a period of electronically monitored house arrest shall be permitted work release during such period. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the offender's home or other place specified by the sentencing court and the time actually spent under employment.

(8) Suspension of a commercial driver's license under this section shall be concurrent with any period of disqualification under section 2301.374 or 4506.16 of the Revised Code. No person who is disqualified for life from holding a commercial driver's license under section 4506.16 of the Revised Code shall be issued a driver's license under this chapter during the period for which the commercial driver's license was suspended under this section, and no person whose commercial driver's license is suspended under this section shall be issued a driver's license under this chapter during the period of the suspension.

(C) Whoever violates division (B)(1) of section 4507.02 of the Revised Code is guilty of driving under financial responsibility law suspension or revocation and shall be punished as provided in division (C)(1), (2), or (3) and division (C)(4) of this section.

(1) Except as otherwise provided in division (C)(2) or (3) of this section, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for sixty days of the vehicle the offender was operating at the time of the offense and the impoundment for sixty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(4) Except as otherwise provided in division (D) of section 4507.162 of the Revised Code, the court, in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of an offender who is sentenced under division (C)(1), (2), or (3) of this section.

(5) The court shall not release a vehicle from the immobilization ordered under division (C)(1) or (2) of this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.

(D) Whoever violates division (A)(1) or (3) of section 4507.02 of the Revised Code by operating a motor vehicle when the offender's driver's or commercial driver's license has been expired for no more than six months is guilty of a minor misdemeanor. Whoever violates division (B) of section 4507.13 or division (C) of section 4507.52 of the Revised Code is guilty of a minor misdemeanor.

(E) Whoever violates section 4507.33 of the Revised Code is guilty of permitting the operation of a vehicle by a person with no legal right to operate a vehicle and shall be punished as provided in division (E)(1) or (2) of this section.

(1) Except as otherwise provided in division (E)(2) of this section, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, the court shall order the immobilization for thirty days of the vehicle involved in the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If the offender previously has been convicted of or pleaded guilty to one or more violations of section 4507.33 of the Revised Code, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, the court shall order the criminal forfeiture to the state of the vehicle involved in the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.

(G) Except as provided in divisions (A) to (E) of this section and unless another penalty is provided by the laws of this state, whoever violates any provision of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a misdemeanor of the first degree.

(G)(H) Whenever a person is found guilty of a violation of section 4507.32 of the Revised Code, the trial judge of any court of record, in addition to or independent of all other penalties provided by law or ordinance, may suspend for any period of time not exceeding three years or revoke the license of any person, partnership, association, or corporation, issued under section 4511.763 of the Revised Code.

(H)(I) Whenever a person is found guilty of a violation of a traffic offense specified in Traffic Rule 13(B) that requires the person's appearance in court, the court shall, in addition to and independent of all other penalties required by law or ordinance, require the person to verify the existence at the time of the offense of proof of financial responsibility covering the person's operation of the motor vehicle, or the motor vehicle if registered in the person's name, and impose the civil penalties specified in division (A) of section 4509.101 of the Revised Code if the person fails to verify the existence of such proof of financial responsibility."

(J) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 1997.


Section 6. That all existing versions of section 4507.99 of the Revised Code are hereby repealed.


Section 7. Sections 3, 4, 5, and 6 of this act shall take effect May 15, 1997.


Section 8. That section 4507.99 of the Revised Code, as amended by Am. Sub. H.B. 438 of the 121st General Assembly, be amended to read as follows:

"Sec. 4507.99. (A) Whoever violates division (B)(2) or (D)(1) of section 4507.02 of the Revised Code is guilty of driving under suspension or revocation or in violation of license restrictions, a misdemeanor of the first degree. Whoever violates division (C) of section 4507.02 of the Revised Code is guilty of driving without paying a license reinstatement fee, a misdemeanor of the first degree. Except as otherwise provided in division (D) of section 4507.162 of the Revised Code, the court, in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of any person who pleads guilty to or is convicted of a violation of division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised Code.

(B) Whoever violates division (D)(2) of section 4507.02 of the Revised Code is guilty of driving under OMVI suspension or revocation and shall be punished as provided in division (B)(1), (2), or (3) and divisions (B)(4) to (8) of this section.

(1) Except as otherwise provided in division (B)(2) or (3) of this section, driving under OMVI suspension or revocation is a misdemeanor of the first degree, and the court shall sentence the offender to a term of imprisonment of not less than three consecutive days and may sentence the offender pursuant to section 2929.21 of the Revised Code to a longer term of imprisonment. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (B)(6) of this section, the court may sentence the offender to a term of not less than thirty consecutive days of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. The period of electronically monitored house arrest shall not exceed six months. In addition, the court shall impose upon the offender a fine of not less than two hundred fifty and not more than one thousand dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is a misdemeanor, and the court shall sentence the offender to a term of imprisonment of not less than ten consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. As an alternative to the term of imprisonment required to be imposed by this division, but subject to division (B)(6) of this section, the court may sentence the offender to a term of not less than ninety consecutive days of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. The period of electronically monitored house arrest shall not exceed one year. In addition, the court shall impose upon the offender a fine of not less than five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for sixty days of the vehicle the offender was operating at the time of the offense and the impoundment for sixty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (D)(2) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under OMVI suspension or revocation is guilty of a misdemeanor. The court shall sentence the offender to a term of imprisonment of not less than thirty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. The court shall not sentence the offender to a term of electronically monitored house arrest as defined in division (A)(4) of section 2929.23 of the Revised Code. In addition, the court shall impose upon the offender a fine of not less than five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(4) In addition to or independent of all other penalties provided by law or ordinance, the trial judge of any court of record or the mayor of a mayor's court shall suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of an offender who is sentenced under division (B)(1), (2), or (3) of this section.

(5) Fifty per cent of any fine imposed by a court under division (B)(1), (2), or (3) of this section shall be deposited into the county indigent driver's alcohol treatment fund or municipal indigent drivers alcohol treatment fund under the control of that court, as created by the county or municipal corporation pursuant to division (N) of section 4511.191 of the Revised Code.

(6) No court shall impose the alternative sentence of not less than thirty consecutive days of electronically monitored house arrest permitted to be imposed by division (B)(1) of this section or the alternative sentence of a term of not less than ninety consecutive days of electronically monitored house arrest permitted to be imposed by division (B)(2) of this section, unless within sixty days of the date of sentencing, the court issues a written finding, entered into the record, that, due to the unavailability of space at the incarceration facility where the offender is required to serve the term of imprisonment imposed upon the offender, the offender will not be able to begin serving that term of imprisonment within the sixty-day period following the date of sentencing. If the court issues such a finding, the court may impose the alternative sentence comprised of or including electronically monitored house arrest permitted to be imposed by division (B)(1) or (2) of this section.

(7) An offender sentenced under this section to a period of electronically monitored house arrest shall be permitted work release during such period. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the offender's home or other place specified by the sentencing court and the time actually spent under employment.

(8) Suspension of a commercial driver's license under this section shall be concurrent with any period of disqualification under section 2301.374 or 4506.16 of the Revised Code. No person who is disqualified for life from holding a commercial driver's license under section 4506.16 of the Revised Code shall be issued a driver's license under this chapter during the period for which the commercial driver's license was suspended under this section, and no person whose commercial driver's license is suspended under this section shall be issued a driver's license under this chapter during the period of the suspension.

(C) Whoever violates division (B)(1) of section 4507.02 of the Revised Code is guilty of driving under financial responsibility law suspension or revocation and shall be punished as provided in division (C)(1), (2), or (3) and division (C)(4) of this section.

(1) Except as otherwise provided in division (C)(2) or (3) of this section, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for thirty days of the vehicle the offender was operating at the time of the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the immobilization for sixty days of the vehicle the offender was operating at the time of the offense and the impoundment for sixty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to two or more violations of division (B)(1) of section 4507.02 of the Revised Code or a municipal ordinance that is substantially equivalent to that division, driving under financial responsibility law suspension or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was operating at the time of the offense is registered in the offender's name or in the name of another person, the court, in addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, shall order the criminal forfeiture to the state of the vehicle the offender was operating at the time of the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(4) Except as otherwise provided in division (D) of section 4507.162 of the Revised Code, the court, in addition to or independent of all other penalties provided by law, may suspend for a period not to exceed one year the driver's or commercial driver's license or permit or nonresident operating privilege of an offender who is sentenced under division (C)(1), (2), or (3) of this section.

(5) The court shall not release a vehicle from the immobilization ordered under division (C)(1) or (2) of this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.

(D) Whoever violates division (A)(1) or (3) of section 4507.02 of the Revised Code by operating a motor vehicle when the offender's driver's or commercial driver's license has been expired for no more than six months is guilty of a minor misdemeanor. Whoever violates division (B) of section 4507.13 or division (C) of section 4507.52 of the Revised Code is guilty of a minor misdemeanor.

(E) Whoever violates section 4507.33 of the Revised Code is guilty of permitting the operation of a vehicle by a person with no legal right to operate a vehicle and shall be punished as provided in division (E)(1) or (2) of this section.

(1) Except as otherwise provided in division (E)(2) of this section, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, the court shall order the immobilization for thirty days of the vehicle involved in the offense and the impoundment for thirty days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with section 4503.233 of the Revised Code.

(2) If the offender previously has been convicted of or pleaded guilty to one or more violations of section 4507.33 of the Revised Code, permitting the operation of a vehicle by a person with no legal right to operate a vehicle is a misdemeanor of the first degree. In addition to or independent of any other sentence that it imposes upon the offender and subject to section 4503.235 of the Revised Code, the court shall order the criminal forfeiture to the state of the vehicle involved in the offense. The order of criminal forfeiture shall be issued and enforced in accordance with section 4503.234 of the Revised Code.

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, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealer's association. The proceeds from any fine imposed under this division shall be distributed in accordance with division (D)(4) of section 4503.234 of the Revised Code.

(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.

(G) Except as provided in divisions (A) to (E) of this section and unless another penalty is provided by the laws of this state, whoever violates any provision of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a misdemeanor of the first degree.

(G)(H) Whenever a person is found guilty of a violation of section 4507.32 of the Revised Code, the trial judge of any court of record, in addition to or independent of all other penalties provided by law or ordinance, may suspend for any period of time not exceeding three years or revoke the license of any person, partnership, association, or corporation, issued under section 4511.763 of the Revised Code.

(H)(I) Whenever a person is found guilty of a violation of a traffic offense specified in Traffic Rule 13(B) that requires the person's appearance in court, the court shall require the person to verify the existence at the time of the offense of proof of financial responsibility covering the person's operation of the motor vehicle, or the motor vehicle if registered in the person's name, and notify the registrar pursuant to division (D) of section 4509.101 of the Revised Code if the person fails to verify the existence of such proof of financial responsibility."


Section 9. That all existing versions of section 4507.99 of the Revised Code are hereby repealed.


Section 10. Sections 8 and 9 of this act shall take effect July 1, 1997.


Section 11. Section 4507.99 of the Revised Code is presented in Section 8 of this act as a composite of the section as amended by both Am. Sub. H.B. 438 and Am. Sub. H.B. 676 of the 121st General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to July 1, 1997.
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