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As Introduced
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 60 |
SENATOR OELSLAGER
A BILL
To amend sections 1905.01, 2919.22, 4501.01, 4501.021, 4501.15,
4503.10, 4503.103, 4503.12, 4503.19, 4503.27, 4503.301, 4503.31,
4503.311, 4503.312, 4503.33, 4503.84, 4505.07, 4505.08, 4506.01,
4506.08, 4506.14, 4507.01, 4507.02, 4507.021, 4507.022, 4507.08,
4507.09, 4507.10, 4507.13, 4507.14, 4507.16, 4507.162, 4507.163,
4507.169, 4507.50, 4507.52, 4509.06, 4509.31, 4511.191,
4511.193, 4511.195, 4511.196, 4511.99, 4513.61, and 4513.63, to enact
sections 4505.021 and 4507.012, and to repeal section 4509.09 of
the Revised Code to make changes in the law governing the
operation, registration, and titling of motor vehicles and in
the law governing the operation of the Bureau of Motor Vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1905.01, 2919.22, 4501.01, 4501.021, 4501.15,
4503.10, 4503.103, 4503.12, 4503.19, 4503.27, 4503.301, 4503.31,
4503.311, 4503.312, 4503.33, 4503.84, 4505.07, 4505.08, 4506.01,
4506.08, 4506.14, 4507.01, 4507.02, 4507.021, 4507.022, 4507.08,
4507.09, 4507.10, 4507.13, 4507.14, 4507.16, 4507.162, 4507.163,
4507.169, 4507.50, 4507.52, 4509.06, 4509.31, 4511.191,
4511.193, 4511.195, 4511.196, 4511.99, 4513.61, and 4513.63 be amended and
sections 4505.021 and 4507.012 of the Revised Code be enacted to read as
follows:
Sec. 1905.01. (A) In all municipal corporations not being
the site of a municipal court nor a place where a judge of the
Auglaize county, Crawford county, Jackson county, Miami county,
Portage county, or Wayne county municipal court sits as required
pursuant to section 1901.021 of the Revised Code or by
designation of the judges pursuant to section 1901.021 of the
Revised Code, the mayor of the municipal corporation has
jurisdiction, except as provided in divisions (B) and (C) of this
section and subject to the limitation contained in section
1905.03 and the limitation contained in section 1905.031 of the
Revised Code, to hear and determine any prosecution for the
violation of an ordinance of the municipal corporation, to hear
and determine any case involving a violation of a vehicle parking
or standing ordinance of the municipal corporation unless the
violation is required to be handled by a parking violations
bureau or joint parking violations bureau pursuant to Chapter
4521. of the Revised Code, and to hear and determine all criminal
causes involving any moving traffic violation occurring on a
state highway located within the boundaries of the municipal
corporation, subject to the limitations of sections 2937.08 and
2938.04 of the Revised Code.
(B)(1) In all municipal corporations not being the site of
a municipal court nor a place where a judge of a court listed in
division (A) of this section sits as required pursuant to section
1901.021 of the Revised Code or by designation of the judges
pursuant to section 1901.021 of the Revised Code, the mayor of
the municipal corporation has jurisdiction, subject to the
limitation contained in section 1905.03 of the Revised Code, to
hear and determine prosecutions involving a violation of an
ordinance of the municipal corporation relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, and to hear and determine criminal causes involving a
violation of section 4511.19 of the Revised Code that occur on a
state highway located within the boundaries of the municipal
corporation, subject to the limitations of sections 2937.08 and
2938.04 of the Revised Code, only if the person charged with the
violation, within five years of the date of the violation
charged, has not been convicted of or pleaded guilty to any of
the following:
(a) A violation of an ordinance of any municipal
corporation relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or relating to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine;
(b) A violation of section 4511.19 of the Revised Code;
(c) A violation of any ordinance of any municipal
corporation or of any section of the Revised Code that regulates
the operation of vehicles, streetcars, and trackless trolleys
upon the highways or streets, in relation to which all of the
following apply:
(i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of any municipal corporation relating
to operating a vehicle while under the influence of alcohol, a
drug of abuse, or alcohol and a drug of abuse or relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, or with a violation of section
4511.19 of the Revised Code;
(ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced;
(iii) The violation of which the person was convicted or
to which the person pleaded guilty arose out of the same
facts and circumstances and the same act as did the charge that was
dismissed or reduced.
(d) A violation of a statute of THE UNITED STATES OR
OF any other state or a municipal
ordinance of a municipal corporation located in any other state that is
substantially similar to section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or
(b) of this section, regardless of where the violation occurred,
if the person charged with the violation, within five years of
the violation charged, has been convicted of or pleaded guilty to
any violation listed in division (B)(1)(a), (b), (c), or
(d) of this section.
If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal corporation the mayor serves relating to operating
a vehicle while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, or in hearing a criminal cause involving a violation of
section 4511.19 of the Revised Code, determines that the person
charged, within five years of the violation charged, has been
convicted of or pleaded guilty to any violation listed in
division (B)(1)(a), (b), (c), or (d) of this
section, the mayor
immediately shall transfer the case to the county court or
municipal court with jurisdiction over the violation charged, in
accordance with section 1905.032 of the Revised Code.
(C)(1) In all municipal corporations not being the site of
a municipal court and not being a place where a judge of a court
listed in division (A) of this section sits as required pursuant
to section 1901.021 of the Revised Code or by designation of the
judges pursuant to section 1901.021 of the Revised Code, the
mayor of the municipal corporation, subject to sections 1901.031,
2937.08, and 2938.04 of the Revised Code, has jurisdiction to
hear and determine prosecutions involving a violation of a
municipal ordinance that is substantially equivalent to division
(B)(1) or (D)(2) of section 4507.02 of the Revised Code and to
hear and determine criminal causes that involve a moving traffic
violation, that involve a violation of division (B)(1) or (D)(2)
of section 4507.02 of the Revised Code, and that occur on a state
highway located within the boundaries of the municipal
corporation only if all of the following apply regarding the
violation and the person charged:
(a) Regarding a violation of division (B)(1) of section
4507.02 of the Revised Code or a violation of a municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within five years of the date
of the violation charged, has not been convicted of or pleaded
guilty to any of the following:
(i) A violation of division (B)(1) of section 4507.02 of
the Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to division (B)(1) of section 4507.02 of
the Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced.
(b) Regarding a violation of division (D)(2) of section
4507.02 of the Revised Code or a violation of a municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within five years of the date
of the violation charged, has not been convicted of or pleaded
guilty to any of the following:
(i) A violation of division (D)(2) of section 4507.02 of
the Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to division (D)(2) of section 4507.02 of
the Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(b)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within five years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within five years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section.
(3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal corporation the mayor serves that is substantially
equivalent
to division (B)(1) or (D)(2) of section 4507.02 of the Revised
Code or a violation of division (B)(1) or (D)(2) of section
4507.02 of the Revised Code, determines that, under division
(C)(2) of this section, mayors do not have jurisdiction
of the prosecution, the mayor immediately shall transfer the case to the
county court or municipal court with jurisdiction over the violation in
accordance with section 1905.032 of the Revised Code.
(D) If the mayor of a municipal corporation has
jurisdiction pursuant to division (B)(1) of this section to hear
and determine a prosecution or criminal cause involving a
violation described in division (B)(1)(a) or (b) of this section,
the authority of the mayor to hear or determine the prosecution
or cause is subject to the limitation contained in division (C)
of section 1905.03 of the Revised Code. If the mayor of a
municipal corporation has jurisdiction pursuant to division (A)
or (C) of this section to hear and determine a prosecution or
criminal cause involving a violation other than a violation
described in division (B)(1)(a) or (b) of this section, the
authority of the mayor to hear or determine the prosecution or
cause is subject to the limitation contained in division (D) of
section 1905.031 of the Revised Code.
(E) In keeping a docket and files, the mayor, and a
mayor's court magistrate appointed under section 1905.05 of the
Revised Code, shall be governed by the laws pertaining to county
courts.
Sec. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body.
(B) No person shall do any of the following to a child under eighteen years
of age or a mentally or physically handicapped child under twenty-one years of
age:
(1) Abuse the child;
(2) Torture or cruelly abuse the child;
(3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child;
(4) Repeatedly administer unwarranted disciplinary
measures to the child, when there is a substantial risk that such
conduct, if continued, will seriously impair or retard the
child's mental health or development;
(5) Entice, coerce, permit, encourage, compel, hire,
employ, use, or allow the child to act, model, or in any other
way participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is obscene,
is sexually oriented matter, or is nudity-oriented matter.
(C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state and in violation of division
(A) of section 4511.19 of the Revised Code when one or more
children under eighteen years of age are in the vehicle,
streetcar, or trackless trolley. Notwithstanding any other
provision of law, a person may be convicted at the same trial or
proceeding of a violation of this division and a violation of
division (A) of section 4511.19 of the Revised Code that
constitutes the basis of the charge of the violation of this
division. For purposes of section 4511.191 of the Revised Code
and all related provisions of law, a person arrested for a
violation of this division shall be considered to be under arrest
for operating a vehicle while under the influence of alcohol, a
drug of abuse, or alcohol and a drug of abuse or for operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine.
(2) As used in division (C)(1) of this section, "vehicle,"
"streetcar," and "trackless trolley" have the same meanings as in
section 4511.01 of the Revised Code.
(D)(1) Division (B)(5) of this section does not apply to
any material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
clergyman, prosecutor, judge, or other person having a proper
interest in the material or performance.
(2) Mistake of age is not a defense to a charge under
division (B)(5) of this section.
(3) In a prosecution under division (B)(5) of this
section, the trier of fact may infer that an actor, model, or
participant in the material or performance involved is a juvenile
if the material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile.
(4) As used in this division and division (B)(5) of this
section:
(a) "Material," "performance," "obscene," and "sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code.
(b) "Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest.
(c) "Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual activity, masturbation, or bestiality.
(E)(1) Whoever violates this section is guilty of
endangering children.
(2) If the offender violates division (A) or (B)(1) of
this section, endangering children is one of the following:
(a) Except as otherwise provided in division
(E)(2)(b) or (c) of this section, a misdemeanor of the first degree;
(b) If the offender previously has
been convicted of an offense under this section or of any offense
involving neglect, abandonment, contributing to the delinquency
of, or physical abuse of a child, except as
otherwise provided in division (E)(2)(c) of this
section, a felony of the fourth degree;
(c) If the violation results in serious physical harm to the
child involved, a felony of the third degree.
(3) If the offender violates division (B)(2), (3), or (4)
of this section, except as otherwise provided in this division,
endangering children is a felony of the third
degree. If the violation results in serious
physical
harm to the child involved, or if the offender previously has been
convicted of an offense under this section or of any offense
involving neglect, abandonment, contributing to the delinquency
of, or physical abuse of a child, endangering children is a
felony of the second degree.
(4) If the offender violates division (B)(5) of
this section, endangering children is a felony of the second
degree.
(5) If the offender violates division (C) of this section,
the offender shall be punished as follows:
(a) Except as otherwise provided in division
(E)(5)(b) or (c) of this section, endangering children in violation of
division (C) of
this section is a misdemeanor of the first degree.
(b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse of a child, except as otherwise provided in division
(E)(5)(c) of this section, endangering
children in violation of
division
(C) of this section is a felony of the fifth degree.
(c) If the violation results in serious physical harm to
the child involved and if the offender previously has been
convicted of a violation of division (C) of this section, section
2903.06, 2903.07, or 2903.08 of the Revised Code, or section
2903.04 of the Revised Code in a case in which the offender was
subject to the sanctions described in division (D) of that
section, endangering children in violation of division (C) of
this section is a felony of the fourth degree.
(d) In addition to any term of imprisonment, fine, or
other sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law, the court also may impose
upon the offender one or both of the following sanctions:
(i) It may require the offender, as part of the offender's
sentence and in the manner described in division (F) of this section, to
perform not more than two hundred hours of supervised community
service work under the authority of any agency, political
subdivision, or charitable organization of the type described in
division (F)(1) of section 2951.02 of the
Revised Code,
provided that the court shall not require the offender to perform
supervised community service work under this division unless the
offender agrees to perform the supervised community service work.
(ii) It may suspend the driver's or commercial driver's
license or permit or nonresident operating privilege of the
offender for up to ninety days, in addition to any suspension or
revocation of the offender's driver's or commercial driver's
license or permit or nonresident operating privilege under
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or
under any other provision of law.
(e) In addition to any term of imprisonment, fine, or
other sentence, penalty, or sanction imposed upon the offender
pursuant to division (E)(5)(a), (b), (c), or (d) of this section
or pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a separate charge charging the violation of division (A) of
section 4511.19 of the Revised Code that was the basis of the
charge of the violation of division (C) of this section, the
offender also shall be sentenced, in accordance with section
4511.99 of the Revised Code, for that violation of division (A)
of section 4511.19 of the Revised Code and also shall be subject
to all other sanctions that are required or authorized by any
provision of law for that violation of division (A) of section
4511.19 of the Revised Code.
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of
this section, requires an offender to perform supervised
community service work under the authority of an agency,
subdivision, or charitable organization, the requirement shall be
part of the community control sanction or sentence of the offender, and
the court shall impose the community service
in accordance with and subject to divisions
(F)(1)(a) and (b) of this section. The court may require an
offender whom it requires to perform supervised community service
work as part of the offender's community control sanction or
sentence to pay the
court a reasonable fee to
cover the costs of the offender's participation in the work,
including, but
not limited to, the costs of procuring a policy or policies of
liability insurance to cover the period during which the offender
will perform the work. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall do so in accordance with the
following limitations and criteria:
(i) The court shall require that the community service
work be performed after completion of the term of imprisonment
imposed upon the offender for the violation of division (C) of
this section, if applicable.
(ii) The supervised community service work shall be
subject to the limitations set forth in divisions
(F)(1)(a) to (c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in
the manner described in division (F)(1)(d) of section 2951.02 of the Revised
Code by an official or person with the qualifications described in that
division. The official or person periodically shall report in writing to the
court concerning the conduct of the offender in performing the work.
(iv) The court shall inform the offender in writing that
if the offender does not adequately perform, as determined by
the court, all of the required community service work, the court may order
that the offender be committed to a jail or workhouse for a period of time
that does not exceed the term of imprisonment that the court could have
imposed upon the offender for the violation of division (C) of this section,
reduced by the total amount of time that the offender actually
was imprisoned under the sentence or term that was imposed upon
the offender for that violation and by the total amount of time
that the offender was confined for any reason arising out of the
offense for which the offender was convicted and sentenced as
described in
sections 2949.08 and 2967.191 of the Revised Code, and that, if
the court orders that the offender be so committed, the court
is authorized, but not required, to grant the offender
credit upon the period of the commitment for the community service work that
the offender adequately performed.
(b) If a court, pursuant to this division and division
(E)(5)(d)(i) of this section, orders an offender to perform
community service work as part of the offender's community
control sanction or
sentence and if the offender does not adequately perform all of the required
community service work, as determined by the court, the court may
order that the offender be committed to a jail or workhouse for a
period of time that does not exceed the term of imprisonment that the court
could have imposed
upon the offender for the violation of division (C) of this
section, reduced by the total amount of time that the offender
actually was imprisoned under the sentence or term that was
imposed upon the offender for that violation and by the total
amount of time that the offender was confined for any reason
arising out of the offense for which the offender was
convicted and sentenced as described in sections 2949.08 and 2967.191 of the
Revised Code. The court may order that a person committed pursuant to this
division shall receive hour-for-hour credit upon the period of the commitment
for the community service work that the offender adequately
performed. No
commitment pursuant to this division shall exceed the period of the term of
imprisonment that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the total amount
of time that the offender actually was imprisoned under that sentence or term
and by the total amount of time that the offender was confined for
any reason arising out of the offense for which the offender
was convicted and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code.
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do
not limit or affect the authority of the court to suspend the
sentence imposed upon a misdemeanor offender and place the
offender on probation or otherwise suspend the sentence pursuant to sections
2929.51 and 2951.02 of the Revised Code, to require the
misdemeanor offender, as a condition of the offender's probation or of
otherwise suspending the offender's sentence, to perform
supervised
community service work in accordance with division
(F) of
section 2951.02 of the Revised Code, or to place a
felony offender
under a community control sanction.
(G) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d)(ii) of this section, the
period of the suspension shall be consecutive to, and commence
after, the period of suspension or revocation of the offender's
driver's or commercial driver's license or permit or nonresident
operating privilege that is imposed under Chapter 4506., 4507.,
4509., or 4511. of the Revised Code or under any other provision
of law in relation to the violation of division (C) of this
section that is the basis of the suspension under division
(E)(5)(d)(ii) of this section or in relation to the violation of
division (A) of section 4511.19 of the Revised Code that is the
basis for that violation of division (C) of this section.
If an offender's license, permit, or privilege has been
suspended under division (E)(5)(d)(ii) of this section and the
offender, within the preceding seven years, has been convicted of
or pleaded guilty to three or more violations of division (C) of
this section, 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 offender was subject to the
sanctions described in division (D) of that section, section
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the
offender was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of THE UNITED STATES OR
OF any other state or a municipal ordinance of a municipal
corporation located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
the offender is not entitled to request, and
the court shall not grant to the offender, occupational driving
privileges under this division. Any other offender whose
license, permit, or nonresident operating privilege has been
suspended under division (E)(5)(d)(ii) of this section may file
with the sentencing court a petition alleging that the
suspension would seriously affect the offender's ability to continue
employment. Upon satisfactory proof that there is reasonable
cause to believe that the suspension would seriously affect the
offender's ability to continue employment, the court may
grant the offender occupational driving privileges during the
period during which the suspension otherwise would be imposed,
except that the court
shall not grant occupational driving privileges for employment as
a driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under
section 2301.374 or 4506.16 of the Revised Code.
(H)(1) If a person violates division (C) of this section
and if, at the time of the violation, there were two or more
children under eighteen years of age in the motor vehicle
involved in the violation, the offender may be convicted of a
violation of division (C) of this section for each of the
children, but the court may sentence the offender for only one of
the violations.
(2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply:
(i) For purposes of the provisions of section 4511.99 of
the Revised Code that set forth the penalties and sanctions for a
violation of division (A) of section 4511.19 of the Revised Code,
the conviction of or plea of guilty to the violation of division
(C) of this section shall not constitute a violation of division
(A) of section 4511.19 of the Revised Code;
(ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code.
(b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code.
(I) As used in this section, "community control
sanction" has the
same meaning as in section 2929.01 of the Revised
Code.
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the
Revised Code, and in the penal laws, except as otherwise
provided:
(A) "Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean vehicles that are operated
exclusively on rails or tracks or from overhead electric trolley
wires and vehicles that belong to any police department, municipal
fire department, or volunteer fire department, or that are used by such
a department in the discharge of its functions.
(B) "Motor vehicle" means any vehicle, including
manufactured homes and recreational vehicles, that is propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires, except motorized bicycles, road
rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or
employed in general highway transportation, well-drilling
machinery, ditch-digging machinery, farm machinery, trailers that are used
to transport agricultural produce or agricultural production
materials between a local place of storage or supply and the farm
when drawn or towed on a public road or highway at a speed of
twenty-five miles per hour or less, threshing machinery,
hay-baling machinery, corn sheller, hammermill and agricultural
tractors, machinery used in the production of horticultural,
agricultural, and vegetable products, and trailers that are designed and
used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a
public road or highway for a distance of no more than ten miles
and at a speed of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D) "Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and either is designed or used for drawing other motor vehicles, or is
designed or
used for drawing another motor vehicle while carrying a portion
of the other motor vehicle or its load, or both.
(E) "Passenger car" means any motor vehicle that is designed and
used for carrying not more than nine persons and includes any motor
vehicle that is designed and used for carrying not more than fifteen
persons in a ridesharing arrangement.
(F) "Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special interest,
that has a fair market value of one hundred dollars or more,
whether operable or not, and that is owned, operated, collected,
preserved, restored, maintained, or used essentially as a
collector's item, leisure pursuit, or investment, but not as the
owner's principal means of transportation. "Licensed collector's
vehicle" means a collector's vehicle, other than an agricultural
tractor or traction engine, that displays current, valid license
tags issued under section 4503.45 of the Revised Code, or a
similar type of motor vehicle that displays current, valid
license tags issued under substantially equivalent provisions in
the laws of other states.
(G) "Historical motor vehicle" means any motor vehicle
that is over twenty-five years old and is owned solely as a
collector's item and for participation in club activities,
exhibitions, tours, parades, and similar uses, but that in no event is used
for general transportation.
(H) "Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load of no
more than one ton and is used exclusively for purposes other than
engaging in business for profit.
(I) "Motor bus" means any motor vehicle that has motor power
and is designed and used for carrying more than nine passengers, except
any motor vehicle that is designed and used for carrying not more than
fifteen passengers in a ridesharing arrangement.
(J) "Commercial car" means any motor vehicle that has motor
power and is designed and used for carrying merchandise or freight, or
that is used as a commercial tractor.
(K) "Bicycle" means every device, other than a tricycle
that is
designed solely for use as a play vehicle by a child, that is propelled
solely by human power upon which any person may ride, and that has either two
tandem wheels, or one wheel in front and two wheels in
the rear, any of which is more than fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that has either HAS
two tandem wheels or one wheel in the front and two wheels in
the rear, that is capable of being pedaled, and that is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake horsepower and
is capable of propelling the vehicle at a speed of no greater
than twenty miles per hour on a level surface.
(M) "Trailer" means any vehicle without motive power
that is designed or used for carrying property or persons wholly on its
own structure and for being drawn by a motor vehicle, and
includes any such vehicle that is formed by or operated as a
combination of a semitrailer and a vehicle of the dolly type such
as that commonly known as a trailer dolly, a vehicle used to
transport agricultural produce or agricultural production
materials between a local place of storage or supply and the farm
when drawn or towed on a public road or highway at a speed
greater than twenty-five miles per hour, and a vehicle that is designed
and used exclusively to transport a boat between a place of
storage and a marina, or in and around a marina, when drawn or
towed on a public road or highway for a distance of more than ten
miles or at a speed of more than twenty-five miles per hour. "Trailer" does
not include a manufactured home or travel trailer.
(N) "Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as described
in division (B) of this section, but, where applicable, includes
a vehicle that is used to transport a boat as described in division (M)
of this section, that has a gross weight of no more than three
thousand pounds, and that is used exclusively for purposes other than
engaging in business for a profit.
(O) "Manufactured home" means any nonself-propelled
vehicle transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width or forty body
feet or more in length or, when erected on site, is three hundred
twenty or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and
electrical systems contained therein. Calculations used to
determine the number of square feet in a structure are based on
the structure's exterior dimensions measured at the largest
horizontal projections when erected on site. These dimensions
include all expandable rooms, cabinets, and other projections
containing interior space, but do not include bay windows.
(P) "Semitrailer" means any vehicle of the trailer type
that does not have motive power and is so designed or used with another and
separate motor vehicle that in operation a part of its own weight
or that of its load, or both, rests upon and is carried by the other vehicle
furnishing the motive power for propelling itself
and the vehicle referred to in this division, and includes, for
the purpose only of registration and taxation under those chapters, any
vehicle of the dolly type, such as a trailer dolly,
that is designed or used for the conversion of a semitrailer into a
trailer.
(Q) "Recreational vehicle" means a vehicular portable
structure that is designed and constructed to be used as a temporary
dwelling for travel, recreational, and vacation uses and is classed as
follows:
(1) "Travel trailer" means a nonself-propelled
recreational vehicle that does not exceed an overall length of
thirty-five feet, exclusive of bumper and tongue or coupling, and
includes a tent-type fold-out camping trailer as defined in
section 4517.01 of the Revised Code.
(2) "Motor home" means a self-propelled recreational
vehicle that is constructed with permanently installed facilities for
cold storage, cooking and consuming of food, and for sleeping.
(3) "Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to be placed
upon and attached to a motor vehicle. "Truck camper" does not
include truck covers that consist of walls and a roof, but do not
have floors and facilities enabling them to be used as a dwelling.
(4) "Fifth wheel trailer" means a vehicle that is of such size and weight as
to be movable without a special highway permit, that has a gross trailer area
of four hundred square feet or less, that is constructed with a raised forward
section that allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of
a truck.
(5) "Park trailer" means a vehicle that is commonly known as a park model
recreational vehicle, meets the American national standard institute standard
A119.5 (1988) for park trailers, is built on a single chassis, has a gross
trailer area of four hundred square feet or less when set up, is designed for
seasonal or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S) "Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of the load.
(T) "Solid tire vehicle" means any vehicle that is equipped with
two or more solid tires.
(U) "Farm machinery" means all machines and tools that are used in
the production, harvesting, and care of farm products, and includes trailers
that are used to transport agricultural produce or agricultural
production materials between a local place of storage or supply
and the farm when drawn or towed on a public road or highway at a
speed of twenty-five miles per hour or less.
(V) "Owner" includes any person, firm, or corporation
other than a manufacturer or dealer that has title to a motor
vehicle, except that in sections 4505.01 to 4505.19 of the
Revised Code, "owner" includes in addition manufacturers and dealers.
(W) "Manufacturer" and "dealer" include all persons,
firms, and corporations that are regularly engaged in the business of
manufacturing, selling, displaying, offering for sale, or dealing
in motor vehicles, at an established place of business that is
used exclusively for the purpose of manufacturing, selling,
displaying, offering for sale, or dealing in motor vehicles. A
place of business that is used for manufacturing, selling,
displaying, offering for sale, or dealing in motor vehicles shall
be deemed to be used exclusively for those purposes even though
snowmobiles or all-purpose vehicles are sold or displayed for
sale thereat, even though farm machinery is sold or displayed for
sale thereat, or even though repair, accessory, gasoline and oil,
storage, parts, service, or paint departments are maintained
thereat, or, in any county having a population of less than
seventy-five thousand persons at the last federal census, even
though a department in a place of business is used to dismantle,
salvage, or rebuild motor vehicles by means of used parts, if
such departments are operated for the purpose of furthering and
assisting in the business of manufacturing, selling, displaying,
offering for sale, or dealing in motor vehicles. Places of
business or departments in a place of business used to
dismantle, salvage, or rebuild motor vehicles by means of using
used parts are not considered as being maintained for the purpose
of assisting or furthering the manufacturing, selling,
displaying, and offering for sale or dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates
a motor vehicle upon the public highways.
(Y) "Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily involved in
a ridesharing arrangement is not considered an employee for hire
or operating such vehicle for gain, compensation, or profit.
(Z) "State" includes the territories and federal districts
of the United States, and the provinces of Canada.
(AA) "Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB) "Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the chassis
or other part of the motor vehicle.
(CC) "Motor number" means the manufacturer's original
number that is affixed to or imprinted upon the engine or motor of the
vehicle.
(DD) "Bill of sale" means the written statement or
document of transfer or conveyance required prior to January 1,
1938, to be executed and delivered by the corporation,
partnership, association, or person selling, giving away,
transferring, or passing title to a motor vehicle.
(EE) "Distributor" means any person who is authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
motor vehicle dealers at an established place of business that is used
exclusively for the purpose of distributing new motor
vehicles to licensed motor vehicle dealers, except when the
distributor also is a new motor vehicle dealer, in which case he THE
DISTRIBUTOR may distribute at the location of his THE
DISTRIBUTOR'S licensed dealership.
(FF) "Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental to another purpose of a volunteer driver and includes
ridesharing arrangements known as carpools, vanpools, and
buspools.
(GG) "Apportionable vehicle" means any vehicle that is used or
intended for use in two or more international registration plan
member jurisdictions that allocate or proportionally register
vehicles, that is used for the transportation of persons for hire
or designed, used, or maintained primarily for the transportation
of property, and that meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in
excess of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this state, or any political subdivisions thereof.
(HH) "Chartered party" means a group of persons who
contract as a group to acquire the exclusive use of a
passenger-carrying motor vehicle at a fixed charge for the
vehicle in accordance with the carrier's tariff, lawfully on file
with the interstate commerce commission UNITED
STATES DEPARTMENT OF TRANSPORTATION, for the purpose of group
travel to a specified destination or for a particular itinerary, either agreed
upon in advance or modified by the chartered group
after having left the place of origin.
(II) "International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American association of motor vehicle administrators, and that
promotes and encourages the fullest possible use of the highway
system by authorizing apportioned registration of fleets of
vehicles and recognizing registration of vehicles apportioned in
member jurisdictions.
(JJ) "Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (K)
of section 4503.04 of the Revised Code.
(KK) "Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum
weight of the load to be carried on the vehicle.
(LL) "Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is taxed at the rates established under section 4503.042 of the
Revised Code, means the total unladen weight of the combination
of vehicles fully equipped plus the maximum weight of the load to
be carried on that combination of vehicles.
(MM) "Chauffeured limousine" means a motor vehicle
that is designed to carry fewer than nine OR FEWER passengers
and is operated for hire on an hourly basis pursuant to a prearranged contract
for the transportation of passengers on public roads and highways
along a route under the control of the person hiring the vehicle
and not over a defined and regular route. "Prearranged contract"
means an agreement, made in advance of boarding, to provide
transportation from a specific location in a chauffeured
limousine at a fixed rate per hour or trip. "Chauffeured
limousine" does not include any vehicle that is used exclusively in the
business of funeral directing.
Sec. 4501.021. (A) The registrar of motor vehicles may dispose of
all motor vehicle bureau records OF THE BUREAU OF MOTOR VEHICLES
pursuant to section 149.34 of the Revised Code.
The disposal of all records shall not take place when the registrar has
received notice that a court case or other legal action is pending involving
such records.
Any surplus from the sale of such records, after paying the cost of
administering the destruction or sale of such records, shall be paid into the
state treasury.
(B) EACH DEPUTY REGISTRAR SHALL
RETAIN IN THE DEPUTY REGISTRAR'S OFFICE A FILE CONTAINING COPIES
OF ALL RECORDS AND TRANSACTIONS PERFORMED FOR THE BUREAU.
COPIES OF MOTOR VEHICLE REGISTRATION APPLICATIONS SHALL BE
RETAINED FOR A PERIOD OF EIGHTEEN MONTHS FROM THE DATE OF THE
RECORD OR TRANSACTION, WHICHEVER IS LATER; COPIES OF DRIVER'S LICENSE OR
IDENTIFICATION CARD APPLICATIONS SHALL BE RETAINED
FOR A PERIOD OF FOUR YEARS FROM THE DATE OF THE RECORD OR
TRANSACTION, WHICHEVER IS LATER; AND ALL OTHER RECORDS SHALL BE
RETAINED FOR A PERIOD OF THREE YEARS FROM THE DATE OF THE RECORD
OR TRANSACTION, WHICHEVER IS LATER. THE RETAINED RECORDS SHALL
BE AVAILABLE FOR PUBLIC EXAMINATION, BUT NO PERSON MAY MAKE
COPIES OF THE RECORDS FOR SALE OR DISTRIBUTION.
Sec. 4501.15. The EXCEPT AS PROVIDED IN THIS SECTION, THE
department of public safety shall not provide social
security numbers from its driver DRIVER'S license and vehicle
registration records to any person, except AND SHALL NOT PROVIDE
CREDIT CARD ACCOUNT NUMBERS OR INFORMATION TO ANY PERSON EXCEPT THE FINANCIAL
INSTITUTIONS AND CREDIT ISSUING COMPANIES DIRECTLY INVOLVED IN THE CREDIT
TRANSACTION. SOCIAL SECURITY NUMBERS AND CREDIT CARD ACCOUNT NUMBERS OR
INFORMATION MAY BE PROVIDED TO local, state, or federal governmental
agencies. This section does not preclude the registrar OF MOTOR
VEHICLES from reporting a person's social
security number if the number was provided in the request for information.
Sec. 4503.10. (A) Except as provided in section 4503.103
of the Revised Code, every owner of a motor vehicle and every
person mentioned as owner in the last certificate of title, bill
of sale, or sworn statement of ownership of a motor vehicle which
THAT is operated or driven upon the public roads or highways shall
cause to be filed each year, by mail or otherwise, in the office
of the registrar of motor vehicles or a deputy registrar, a
written application or a preprinted registration renewal notice
issued under section 4503.102 of the Revised Code, the form of
which shall be prescribed by the registrar, for registration for
the following registration year, which shall begin on the first
day of January of every calendar year and end on the thirty-first
day of December in the same year. Applications for registration
and registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. Except as provided in division (J) of this
section, applications for registration shall be made on blanks
furnished by the registrar for that purpose, containing the
following information:
(1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or branch business, conducted at a particular place, the district
of registration is the municipal corporation in which that place
is located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the current registration year, have been paid. Each application
for registration shall be signed by the owner, directly or
pursuant to obtaining a limited power of attorney authorized by
the registrar for registration, or other document authorizing
such signature.
(7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number.
(B) Each time the applicant first registers a motor
vehicle in the applicant's name, the
applicant shall present for inspection proper bills
of sale or sworn statement of ownership, the originals of which
have been filed with the clerk of the court of common pleas, or a
certificate of the clerk certifying that such bills of sale or
sworn statement of ownership have been filed with the clerk, or a
certificate of title or a memorandum certificate showing title to
the motor vehicle to be registered in the applicant. When a
motor vehicle inspection and maintenance program is in effect
under section 3704.14 of the Revised Code and rules adopted under
it, each application for registration for a vehicle required to
be inspected under that section and those rules shall be
accompanied by an inspection certificate for the motor vehicle
issued in accordance with that section. The application shall be
refused if any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by division (D) of
section 2935.27, division (A) of section 2937.221, division (B) of section
4507.168, or division (B)(1) of section 4521.10 of the Revised Code.
(3) When applicable, proper bills of sale or sworn
statement of ownership or proper certificate thereof or
certificate of title or memorandum certificate does not accompany
the application.
(4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate and on the inspection certificate for the motor
vehicle, if any. The official also shall indicate, by a stamp or
by such other means as the registrar prescribes, on the
registration certificate issued upon the first registration of a
motor vehicle by or on behalf of the owner the odometer reading
of the motor vehicle as shown in the odometer statement included
in or attached to the certificate of title. Upon each subsequent
registration of the motor vehicle by or on behalf of the same
owner, the official also shall so indicate the odometer reading
of the motor vehicle as shown on the immediately preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C) In addition, a charge of twenty-five cents shall be
made for each reflectorized safety license plate issued, and a single charge
of twenty-five cents shall be made for each county identification sticker
or each set of county
identification stickers issued, as the case may be, to cover the cost
of producing the license plates and
stickers, including material, manufacturing, and administrative costs. Those
fees shall be in addition to the
license tax. If the total cost of producing the plates is less
than twenty-five cents per plate, or if the total cost of
producing the stickers is less than twenty-five cents per sticker or
per set issued, any excess moneys accruing from the fees shall be distributed
in the same manner as provided by section 4501.04 of the Revised
Code for the distribution of license tax moneys. If the total
cost of producing the plates exceeds twenty-five cents per plate,
or if the total cost of producing the stickers exceeds
twenty-five cents per sticker or per set issued, the difference shall
be paid from the
license tax moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of two
dollars and twenty-five cents for each application for
registration and registration renewal notice the
deputy registrar receives,
which shall be for the purpose of compensating the deputy
registrar for the deputy registrar's deputy's services, and such
office and rental expenses,
as may be necessary for the proper discharge of the deputy registrar's
deputy's
duties in the
receiving of applications and renewal notices and the issuing of
licenses.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application for
registration or registration renewal notice, together with the
license fee and any, township motor vehicle license tax, OR
local motor
vehicle license tax levied pursuant to Chapter 4504. of the
Revised Code, shall transmit that fee and tax, if any, in the
manner provided in this section, together with the original and
duplicate copy of the application, to the registrar. The
registrar, subject to the approval of the director of public
safety, may deposit the funds collected by those deputies in a
local bank or depository to the credit of the "state of Ohio,
bureau of motor vehicles." Where a local bank or depository
has been designated by the registrar, each deputy registrar shall deposit
all moneys collected by the deputy registrar into that bank
or depository not more than one business day after their collection and shall
make
reports to the registrar of the amounts so deposited, together
with any other information, some of which may be prescribed by
the treasurer of state, as the registrar may require and as
prescribed by the registrar by rule. The registrar, within three
days after receipt of notification of the deposit of funds by a
deputy registrar in a local bank or depository, shall draw on that
account
in favor of the treasurer of state. The registrar, subject to
the approval of the director and the treasurer of state, may make
reasonable rules necessary for the prompt transmittal of fees and
for safeguarding the interests of the state and of counties,
townships, and municipal corporations levying county or township motor
vehicle license taxes, township motor vehicle license
taxes, or municipal motor vehicle license taxes. The registrar may
pay
service charges usually collected by banks and depositories for
such service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees forthwith, by money order or otherwise, as the registrar, by
rule approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for such service.
(G) This section does not prevent any person from making
an application for a motor vehicle license directly to the
registrar upon payment of a two dollars and twenty-five cents
service fee for each application. Each deputy registrar shall retain
in the deputy registrar's deputy's office a copy of each application
the deputy registrar receives for a
period of three registration years. This copy shall be for
public examination, but no person may make copies thereof for
sale or distribution.
(H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section.
(I)(1) Where applicable, the requirements of division (B)
of this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including, without limitation, the date of issuance of the
multi-year registration, the registration deadline established
under rules adopted under section 4503.101 of the Revised Code
that was applicable in the year in which the multi-year
registration was issued, and the registration deadline for
renewal of the multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.103. (A) Any THE REGISTRAR OF MOTOR VEHICLES MAY ADOPT
RULES TO PERMIT ANY person or lessee, other than a
person receiving an apportioned license plate under the
international registration plan, who owns or leases twenty or
more motor vehicles used principally in connection with any
established business, in accordance with rules adopted by the
registrar of motor vehicles, may TO file a written application for
registration for no more than four succeeding registration years. THE
RULES ADOPTED BY THE REGISTRAR MAY DESIGNATE THE CLASSES OF MOTOR VEHICLES
THAT ARE ELIGIBLE FOR SUCH REGISTRATION. At the time of
application, all annual taxes and fees shall be
paid for each year for which the person is registering. No
person applying for a multi-year registration is entitled to a
refund of any taxes or fees paid.
The registrar may adopt rules to permit any person, other
than a person receiving an apportioned license plate under the
international registration plan, who owns a motor vehicle to file
an application for registration for the next two succeeding
registration years.
The registrar shall not issue to any applicant who has been
issued a final, nonappealable order under division (B) of this
section a multi-year registration or renewal thereof under this
division or rules adopted under it for any motor vehicle that is
required to be inspected under section 3704.14 of the Revised
Code the district of registration of which, as determined under
section 4503.10 of the Revised Code, is or is located in the
county named in the order.
(B) Upon receipt from the director of environmental
protection of a notice issued under division (J) of section
3704.14 of the Revised Code indicating that an owner of a motor
vehicle that is required to be inspected under that section who
obtained a multi-year registration for the vehicle under division
(A) of this section or rules adopted under that division has not
obtained an inspection certificate for the vehicle in accordance
with that section in a year intervening between the years of
issuance and expiration of the multi-year registration in which
the owner is required to have the vehicle inspected and obtain an
inspection certificate for it under division (F)(1)(a) of that
section, the registrar in accordance with Chapter 119. of the
Revised Code shall issue an order to the owner impounding the
certificate of registration and identification license plates for
the vehicle. The order also shall prohibit the owner from
obtaining or renewing a multi-year registration for any vehicle
that is required to be inspected under that section, the district
of registration of which is or is located in the same county as
the county named in the order during the number of years after
expiration of the current multi-year registration that equals the
number of years for which the current multi-year registration was
issued.
An order issued under this division shall require the owner
to surrender to the registrar the certificate of registration and
license plates for the vehicle named in the order within five
days after its issuance. If the owner fails to do so within that
time, the registrar shall certify that fact to the county sheriff
or local police officials who shall recover the certificate of
registration and license plates for the vehicle.
(C) Upon the occurrence of either of the following
circumstances, the registrar in accordance with Chapter 119. of
the Revised Code shall issue to the owner a modified order
rescinding the provisions of the order issued under division (B)
of this section impounding the certificate of registration and
license plates for the vehicle named in that original order:
(1) Receipt from the director of environmental protection
of a subsequent notice under division (J) of section 3704.14 of
the Revised Code that the owner has obtained the inspection
certificate for the vehicle as required under division (F)(1)(a)
of that section;
(2) Presentation to the registrar by the owner of the
required inspection certificate for the vehicle.
(D) The owner of a motor vehicle for which the certificate
of registration and license plates have been impounded pursuant
to an order issued under division (B) of this section, upon
issuance of a modified order under division (C) of this section,
may apply to the registrar for their return. A fee of two
dollars and fifty cents shall be charged for the return of the
certificate of registration and license plates for each vehicle
named in the application.
Sec. 4503.12. Upon the transfer of ownership of a motor
vehicle, the registration of the motor vehicle expires and
the original owner immediately shall remove the license plates
from the motor vehicle, except that:
(A) If a statutory merger or consolidation results in the
transfer of ownership of a motor vehicle from a constituent
corporation to the surviving corporation, or if the
incorporation of a proprietorship or partnership results in the
transfer of ownership of a motor vehicle from the proprietorship
or partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation,
within thirty days of such transfer, of an application for an
amended certificate of registration, unless such registration is
prohibited by division (D) of section 2935.27, division (A) of section
2937.221, division (B) of section 4507.168, or division (B)(1) of section
4521.10 of the Revised
Code. The application shall be accompanied by a service fee of
two dollars and twenty-five cents, a transfer fee of one dollar,
and the original certificate of registration. Upon a proper
filing, the registrar of motor vehicles shall issue an amended
certificate of registration in the name of the new owner.
(B) If the death of the owner of a motor vehicle results
in the transfer of ownership of the motor vehicle to the
surviving spouse of the owner or if a motor vehicle is owned by
two persons under joint ownership with right of survivorship
established under section 2106.17 of the Revised Code and one of
those persons dies, the registration shall be continued upon the
filing by the surviving spouse of an application for an amended
certificate of registration, unless such registration is
prohibited by division (D) of section 2937.27, division (A) of section
2937.221, division (B) of section 4507.168, or division (B)(1) of section
4521.10 of the
Revised
Code. The application shall be accompanied by a service fee of
two dollars and twenty-five cents, a transfer fee of one dollar,
the original certificate of registration, and, in relation to a
motor vehicle that is owned by two persons under joint ownership
with right of survivorship established under section 2106.17 of
the Revised Code, by a copy of the certificate of title that
specifies that the vehicle is owned under joint ownership with
right of survivorship. Upon a proper filing, the registrar shall
issue an amended certificate of registration in the name of the
surviving spouse.
(C) If the original owner of a motor vehicle that has been
transferred makes application for the registration of another
motor vehicle at any time during the remainder of the
registration period for which the transferred motor vehicle was
registered, the owner, unless such registration is prohibited by
division (D) of section 2935.27, division (A) of section 2937.221, division
(E) of section 4503.234,
division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the
Revised
Code, may file an application for transfer of the registration
and, where applicable, the license plates, accompanied by a
service fee of two dollars and twenty-five cents, a transfer fee
of one dollar, and the original certificate of registration. The
transfer of the registration and, where applicable, the license
plates from the motor vehicle for which they originally were
issued to a succeeding motor vehicle purchased by the same person
in whose name the original registration and license plates were
issued shall be done within a period not to exceed thirty days.
During that thirty-day period, the license plates from the motor vehicle
for which they originally were issued may be displayed on the succeeding motor
vehicle, and the succeeding motor vehicle may be operated on the public roads
and highways in this state.
At the time of application for transfer, the registrar shall
compute and collect the amount of tax due on the succeeding motor
vehicle, based upon the amount that would be due on a new
registration as of the date on which the transfer is made less a
credit for the unused portion of the original registration
beginning on that date. If the credit exceeds the amount of tax
due on the new registration, no refund shall be made. In
computing the amount of tax due and credits to be allowed under
this division, the provisions of division (B)(1)(a) AND
(b) of section 4503.11 of the Revised Code shall apply. As to
passenger cars,
noncommercial vehicles, motor homes, and motorcycles, transfers
within or between these classes of motor vehicles only shall be
allowed. If the succeeding motor vehicle is of a different class
than the motor vehicle for which the registration originally was
issued, new license plates also shall be issued upon the
surrender of the license plates originally issued and payment of
the fees
provided in divisions (C) and (D) of section 4503.10 of the
Revised Code.
(D) The owner of a commercial car having a gross vehicle
weight or combined gross vehicle weight of more than ten thousand
pounds may transfer the registration of that commercial car to
another commercial car the owner owns without transferring ownership
of
the first commercial car, unless registration of the second
commercial car is prohibited by division (D) of section 2935.27, division (A)
of section 2937.221, division (B) of section 4507.168, or division (B)(1) of
section 4521.10
of the Revised Code. At any time during the remainder of the
registration period for which the first commercial car was
registered, the owner may file an application for the transfer of
the registration and, where applicable, the license plates,
accompanied by a service fee of two dollars and twenty-five
cents, a transfer fee of one dollar, and the certificate of
registration of the first commercial car. The amount of any tax
due or credit to be allowed for a transfer of registration under
this division shall be computed in accordance with division (C)
of this section.
No commercial car to which a registration is transferred
under this division shall be operated on a public road or highway
in this
state until after the transfer of registration is completed in
accordance with this division.
(E) Upon application to the registrar or a deputy
registrar, a person who owns or leases a
motor vehicle may transfer
special license plates assigned to that vehicle to any other
vehicle that the person owns or leases or that is owned or
leased by the person's spouse. The application shall be
accompanied by a service fee of
two dollars and twenty-five cents, a transfer fee of one dollar,
and the original certificate of registration. As appropriate,
the application also shall be accompanied by a power of attorney
for the registration of a leased vehicle and a written statement
releasing the special plates to the applicant. Upon a proper
filing, the registrar or deputy registrar shall assign the
special license plates to the motor vehicle owned or leased by
the applicant and issue a new certificate of registration for
that motor vehicle.
As used in division (E) of this section, "special license
plates" means either of the following:
(1) Any license plates for which the person to whom the
license plates are issued must pay an additional fee in excess of
the fees prescribed in section 4503.04 of the Revised Code,
Chapter 4504. of the Revised Code, and the service fee prescribed
in division (D) or (G) of section 4503.10 of the Revised Code;
(2) License plates issued under section 4503.44 of the
Revised Code.
Sec. 4503.19. Upon the filing of an application for
registration and the payment of the tax therefor, the registrar
of motor vehicles or a deputy registrar shall determine whether the owner has
previously been issued license plates for the motor vehicle
described in the application. If no license plates have previously been
issued to the owner for that motor vehicle, the registrar or deputy registrar
shall assign to the motor vehicle a distinctive number and issue
and deliver to the owner in such manner as the registrar may
select a certificate of registration, in such form as the
registrar shall
prescribe, and, except as otherwise provided in this section, two
license plates, duplicates of each other, and validation
stickers, or validation
stickers alone, to be attached to the number plates as provided in section
4503.191 of the Revised Code. The registrar or deputy registrar also shall
charge the owner any fees required under division (C) of section 4503.10 of
the Revised Code. Trailers,
manufactured homes, semitrailers, the manufacturer thereof, the
dealer, or in transit companies therein, shall be issued one
license plate only and one validation sticker, or a validation sticker
alone, which license plate shall be displayed only on the rear of such
vehicles. An apportioned vehicle receiving an apportioned
license plate under the international registration plan shall be
issued one license plate only and one validation sticker, or a validation
sticker alone; the license plate shall be displayed only on the front of
a semitractor and on the rear of all other vehicles. School
buses shall not be issued license plates, but shall bear
identifying numbers in the manner prescribed by section 4511.764
of the Revised Code. The certificate of registration and license plates and
validation stickers, or validation stickers
alone, shall be issued and delivered to the owner in person or by
mail. Chauffeured limousines shall be issued license plates, a
validation sticker, and a livery sticker as provided in section
4503.24 of the Revised Code. In the event of the loss,
mutilation, or destruction of any certificate of registration, or
of any license plates or validation stickers, or in the event the owner
chooses to replace license plates previously issued for a motor vehicle,
OR THE REGISTRATION CERTIFICATE AND LICENSE PLATES HAVE BEEN IMPOUNDED AS
PROVIDED BY DIVISION (F)(1) OF SECTION 4507.02 AND DIVISION
(A)(2) OF SECTION 4507.16 of the Revised Code, the owner of a motor
vehicle, or manufacturer or dealer, may obtain from the
registrar, or from a deputy registrar if authorized by the registrar, a
duplicate thereof or new license plates bearing a different number, if the
registrar
considers it advisable, upon filing an application prescribed by the
registrar, and upon paying a fee of one dollar for such certificate of
registration and, a fee of five dollars for each set of two
license plates, or three dollars for each single license plate or
validation sticker and a service fee of two dollars and twenty-five
cents. IN ADDITION, EACH APPLICANT FOR A REPLACEMENT CERTIFICATE OF
REGISTRATION, LICENSE PLATE, OR VALIDATION STICKER SHALL PAY THE FEES PROVIDED
IN DIVISIONS (C) AND (D) OF SECTION 4503.10 of the Revised Code.
Additionally, the registrar and each deputy registrar who
either issues license plates and a validation sticker for use on
any vehicle other than a
commercial tractor, semitrailer, or apportioned vehicle, or who issues
a validation sticker alone for use on such a vehicle and the owner
has changed the owner's county of residence since the
owner last was issued county
identification stickers, also shall issue and deliver to the
owner either one or two county identification stickers, as appropriate,
which shall be attached to the
license plates in a manner
prescribed by the director of public safety. The county
identification stickers shall prominently identify by name or number
the county in which the owner of the vehicle resides at the time of
registration.
Sec. 4503.27. A manufacturer, dealer, or distributor shall
make application for registration, for each place in this state
at which the business of manufacturing, dealing, or distributing
of motor vehicles is carried on. The application shall show the
make of motor vehicles manufactured, dealt in, or distributed at
such place and shall show the taxing district in which the place
of business is located. Upon the filing of such application and
the payment of the ANNUAL tax AND POSTAGE therefor, the
registrar of motor vehicles
shall assign to the applicant a distinctive number which must be
carried and displayed by each such motor vehicle in like manner
as provided by law for other motor vehicles while it is operated
on the public highway until it is sold or transferred. At the
time the registrar assigns the distinctive number he THE
REGISTRAR shall furnish one placard with the number thereon. Such
manufacturer, dealer, or distributor may procure A REASONABLE NUMBER OF
certified copies of the
registration certificate upon the payment FOR EACH of a fee
AN ANNUAL TAX of five dollars AND THE APPROPRIATE POSTAGE AS
REQUIRED BY THE REGISTRAR. With each of such THE certified
copies the registrar shall
furnish one placard with the same numbering provided in the
original registration certificate, and shall add thereto such
special designation as necessary to distinguish one set of
placards from another.
The registrar shall not assign any distinctive number, and
he shall not furnish any placards to any dealer or
distributor unless such THE dealer or distributor, at the
time of making application for such THE placards,
produces evidence to show that he THE DEALER OR DISTRIBUTOR
is the holder EITHER of a motor vehicle dealer's license required by
section 4517.04 or 4517.05 of the Revised Code, or a
distributor's license required by section 4517.08 of the Revised
Code. Such evidence shall be presented in the manner prescribed
by the registrar.
Sec. 4503.301. (A) A manufacturer, dealer, or distributor
of motor vehicles may apply for a REASONABLE NUMBER OF commercial car
demonstration placard PLACARDS. The application shall show the
make of commercial cars,
commercial tractors, trailers, and semitrailers manufactured,
dealt, or distributed in and shall show the taxing district in
which the applicant's place of business is located.
Upon the filing of such application and the payment of a
fee AN ANNUAL TAX of five hundred dollars AND APPROPRIATE
POSTAGE AS REQUIRED BY the registrar of motor vehicles, THE
REGISTRAR shall assign to the applicant a distinctive placard and number.
Such placards shall be known as "commercial car demonstration
placards," and shall be valid for a period of one year from date
of issue EXPIRE ON A DATE PRESCRIBED BY THE REGISTRAR. Such
UPON THE FIRST APPLICATION BY ANY PERSON FOR SUCH PLACARDS, THE REGISTRAR
SHALL PRORATE THE ANNUAL TAX IN ACCORDANCE WITH SECTION 4503.11 of the Revised Code; FOR ALL
RENEWALS OR REPLACEMENTS OF SUCH PLACARDS, THE REGISTRAR SHALL COLLECT THE
FULL AMOUNT OF THE ANNUAL TAX.
COMMERCIAL CAR DEMONSTRATION placards may be displayed on commercial
cars,
commercial tractors, trailers and semitrailers owned by the
manufacturer, dealer, or distributor, when such THOSE vehicles
are
operated by or being demonstrated to a prospective purchaser. In
addition to the purposes permitted by section 4503.30 of the
Revised Code, the placards provided for in this section may be
displayed on vehicles operated or used for delivery, hauling,
transporting, or any other lawful purpose. When such placards
are used, the placards provided for in section 4503.30 of the
Revised Code need not be displayed.
The operator of any commercial car, commercial tractor,
trailer, or semitrailer displaying the placards provided for in
this section shall, at all times, SHALL carry with him
THE OPERATOR a letter from the manufacturer, dealer, or distributor
authorizing the use of such manufacturer's, dealer's, or distributor's
commercial car demonstration placards.
When such placards are used on any commercial car or
commercial tractor, such power unit shall be considered duly
registered and licensed for the purposes of section 4503.38 of
the Revised Code.
(B) No manufacturer, dealer, or distributor of motor
vehicles shall use the commercial car demonstration placard for
purposes other than those provided in AUTHORIZED BYthis
section.
Sec. 4503.31. As used in this section, "person" includes,
but is not limited to, any person engaged in the business of
manufacturing or distributing, or selling at retail, displaying,
offering for sale, or dealing in, motorized bicycles who is not
subject to section 4503.09 of the Revised Code, or an Ohio
nonprofit corporation engaged in the business of testing of motor
vehicles.
Persons other than manufacturers, dealers, or distributors
may register annually with the registrar of motor vehicles and
obtain placards to be displayed on motor vehicles as provided by
this section. Applications for annual registration shall be made
at the time provided for payment of the tax AND POSTAGE imposed on
manufacturers, dealers, or distributors and shall be in the
manner to be prescribed by the registrar. The fee TAX for such
registration shall be twenty-five dollars and shall not be
reduced when the registration is for a part of a year.
Applicants may procure A REASONABLE NUMBER OF certified copies of such
registration upon
the payment of a fee TAX of five dollars AND APPROPRIATE
POSTAGE AS REQUIRED BY THE REGISTRAR for each such copy.
Upon the filing of the application and the payment of the
fee TAX AND POSTAGE prescribed by this section, the registrar
shall issue to each
applicant a certificate of registration and assign a distinctive
number and furnish one placard with the number thereon. With
each of the certified copies of the registration provided for in
this section the registrar shall furnish one placard with the
same numbering assigned in the original registration certificate
and shall add thereto such special designation as necessary to
distinguish one set of placards from another. All placards
furnished by the registrar pursuant to this section shall be so
marked as to be distinguishable from placards issued dealers,
manufacturers, or distributors. Placards issued pursuant to this
section may be used only on motor vehicles or motorized bicycles
owned and being used in testing or being demonstrated for
purposes of sale or lease; or on motor vehicles subject to the
rights and remedies of a secured party being exercised under
sections 1309.01 to 1309.50 of the Revised Code; or on motor
vehicles being held or transported by any insurance company for
purposes of salvage disposition; or on motor vehicles being
transported by any persons regularly engaged in salvage
operations or scrap metal processing from the point of
acquisition to their established place of business; or on motor
vehicles owned by or in the lawful possession of an Ohio
nonprofit corporation while being used in the testing of those
motor vehicles.
Placards issued pursuant to this section may also MAY be used
by persons regularly and primarily engaged in the business of
rustproofing, reconditioning, or installing equipment or trim on
motor vehicles for motor vehicle dealers when such motor vehicles
are being transported to or from the motor vehicle dealer's place
of business; and by persons engaged in manufacturing articles for
attachment to motor vehicles when such motor vehicles are being
transported to or from places where mechanical equipment is
attached to the chassis of such new motor vehicles; or on motor
vehicles being towed by any persons regularly and primarily
engaged in the business of towing motor vehicles while such
vehicle is being towed to a point of storage.
Placards issued pursuant to this section may also MAY be used
on trailers being transported by persons engaged in the business
of selling tangible personal property other than motor vehicles.
No person required to register an apportionable vehicle
under the international registration plan shall apply for or
receive a placard for that vehicle under this section.
The fees TAXES collected by the registrar pursuant to this
section shall be paid into the state bureau of motor vehicles fund established
in section 4501.25 of the Revised Code and used for the purposes described in
that section.
Sec. 4503.311. A manufacturer of or dealer in trailers for
transporting watercraft may apply for registration with the
registrar of motor vehicles for each place in this state where he
THE MANUFACTURER OR DEALER carries on the business of manufacturing or
dealing in such
trailers. Applications for annual registration shall be made at
the time provided for payment of the tax imposed on manufacturers
and dealers by section 4503.09 of the Revised Code and shall be
in the manner to be prescribed by the registrar. The fee TAX
for such registration shall be twenty-five dollars and shall not be
reduced when the registration is for a part of a year.
Upon the filing of such application and the payment of such
fee, THE TAX AND APPROPRIATE POSTAGE AS REQUIRED BY the registrar
of motor vehicles, THE REGISTRAR shall assign to the
applicant a distinctive number which shall be displayed on the
rear of each trailer while it is operated on the public highway. Such trailer
may be operated on the public highway while loaded,
until it is sold or transferred. At the time the registrar
assigns the distinctive number, he THE REGISTRAR shall furnish
one placard with
the number thereon. Such manufacturer or dealer may procure
A REASONABLE NUMBER OF certified copies of the registration certificate
upon the payment
of a fee TAX of five dollars AND POSTAGE. With each of
such certified copies,
the registrar shall furnish one placard with the same number
provided in the original registration certificate, and shall add
thereto such special designation as necessary to distinguish one
set of placards from another. All placards furnished by the
registrar pursuant to this section shall be so marked as to be
distinguishable from placards issued to dealers in or
manufacturers of motor vehicles.
The fees TAXES collected by the registrar pursuant to this
section shall be paid into the state bureau of motor vehicles fund established
in section 4501.25 of the Revised Code and used for the purposes described in
that section.
Sec. 4503.312. As used in this section:
(A) "Utility trailer" means any trailer, except a travel
trailer or trailer for transporting watercraft, having a gross
weight of less than four thousand pounds.
(B) "Snowmobile" and "all-purpose vehicle" have the same
meaning as in section 4519.01 of the Revised Code.
(C) "Distributor" means any person authorized by a
manufacturer of utility trailers or trailers for transporting
motorcycles, snowmobiles, or all-purpose vehicles to distribute
new trailers to persons for purposes of resale.
A manufacturer or distributor of utility trailers or
trailers for transporting motorcycles, snowmobiles, or
all-purpose vehicles may apply for registration with the
registrar of motor vehicles for each place in this state where he
THE MANUFACTURER OR DISTRIBUTOR carries on the business of
manufacturing or distributing such
trailers. Applications for annual registration shall be made at
the time provided for payment of the tax imposed by section
4503.09 of the Revised Code; shall be in the manner to be
prescribed by the registrar; and shall be accompanied by an
affidavit certifying that the applicant is a manufacturer or
distributor of utility trailers or trailers for transporting
motorcycles, snowmobiles, or all-purpose vehicles. The fee TAX
for such registration shall be twenty-five dollars and shall not be
reduced when the registration is for a part of a year.
Upon the filing of the application and affidavit, and
payment of the fee TAX AND APPROPRIATE POSTAGE AS REQUIRED BY THE
REGISTRAR, the registrar shall assign to the applicant a
distinctive number which shall be displayed on the rear of each
trailer when it is operated on the public highway. Any trailer
for transporting motorcycles, snowmobiles, or all-purpose
vehicles that is not loaded may be operated on the public highway
until it is sold or transferred; and any utility trailer that is
not loaded, or that is being used to transport another utility
trailer for purposes of demonstration or delivery, may be
operated on the public highway until it is sold or transferred.
At the time the registrar assigns the distinctive number,
he THE REGISTRAR shall furnish one placard with the number
thereon. The manufacturer or distributor may procure A REASONABLE NUMBER
OF certified copies of the
registration certificate upon the payment of a fee TAX of five
dollars AND POSTAGE. With each of such certified copies, the registrar
shall
furnish one placard with the same number provided in the original
registration certificate, and shall add thereto such special
designation as necessary to distinguish one set of placards from
another. All placards furnished by the registrar pursuant to
this section shall be so marked as to be distinguishable from
placards issued to dealers in or manufacturers of motor vehicles
or trailers for transporting watercraft.
The fees TAXES collected by the registrar pursuant to this
section shall be paid into the state bureau of motor vehicles fund established
by section 4501.25 of the Revised Code and used for the purposes described in
that section.
Sec. 4503.33. A person, firm, or corporation engaged in
this state as a drive-away operator or trailer transporter or
both in the business of transporting and delivering, by means of
the full mount method, the saddle mount method, the tow bar
method, tow-away method, or any combination thereof, or under
their own power, new motor vehicles from the manufacturer or any
other point of origin to any point of destination, or used motor
vehicles from any individual, firm, or corporation to any point
of destination, or both, shall make application to the registrar
of motor vehicles for an "in transit" permit. This application
shall be accompanied by a registration fee TAX of fifty dollars,
and
shall show such information as deemed IS CONSIDERED necessary by
the registrar. Upon the filing of the application and the payment of the
fee ANNUAL TAX AND APPROPRIATE POSTAGE AS REQUIRED BY THE
REGISTRAR, the registrar shall issue to each permittee a certificate of
registration bearing a distinctive number or designation of the
registration and one placard bearing a corresponding number or
designation, which placard must be carried and displayed by each
such motor vehicle in like manner as provided by law for other
motor vehicles while operated upon a public highway in transit
from the manufacturer or any other point of origin to any point
of destination.
Such A permittee may procure A REASONABLE NUMBER OF
certified copies of such
registration certificate upon the payment of a fee TAX of three
dollars AND POSTAGE. With each such certified copy the registrar shall
furnish one placard with the same numbering or designation
provided in the original registration certificate, and he
THE REGISTRAR may add thereto such special designation as may
be necessary to distinguish one placard from another.
No person required to register an apportionable vehicle
under the international registration plan shall apply for or
receive a placard for that vehicle under this section.
Sec. 4503.84. The registrar of motor vehicles shall MAY PRESCRIBE
RULES TO make license plates and validation stickers available for
purchase in the year following the expiration of the license plate and
validation sticker OR WHEN THE LICENSE PLATE DESIGN NO LONGER IS ISSUED OR
IN SERVICE. The price of each license plate shall be five dollars; the
price of each validation sticker shall be two dollars.
Sec. 4505.021. ANY CONTRACT AWARDED FOR THE PRINTING OF
CERTIFICATES OF TITLE IS SUBJECT TO DIVISION
(C) OF SECTION 125.09 OF THE REVISED CODE AND
DIVISION (B) OF SECTION 125.11 OF THE REVISED CODE,
BUT IS NOT SUBJECT TO SECTION 125.56 OF THE REVISED
CODE.
Sec. 4505.07. (A) A certificate of title shall be printed
upon a special paper with a secure printing process or other
secure process, for the printing of motor vehicle titles, as
required by section 2 of the "Truth in Mileage Act of 1986," 100
Stat. 3309, 15 U.S.C.A. 1901 et seq.
(B) Every certificate of title shall bear the
distinguishing number assigned to the title, and shall contain,
on the front of the certificate, the following information:
(1) An indication that the certificate is issued in this
state;
(2) The county in which the certificate is issued;
(3) An indication that the certificate is an original,
memorandum, duplicate, or salvage certificate;
(4) The date of issuance of the certificate;
(5) The name and address of the owner, in full;
(6) The name and address of the previous owner, in full;
(7) The previous certificate of title number;
(8) The state in which the vehicle previously was titled;
(9) The make, body type, year, model, and vehicle
identification number of the vehicle;
(10) First and second lien notation information,
including
the name and address of the lienholder in full and the date of
the lien notation;
(11) For discharging and canceling the lien notation, a
notice that states: "lien discharge," a space for the signature of the
lienholder,
the discharge date, a space for the signature of the clerk of the court of
common pleas, the
cancellation date, and a space for the notation of the deputy
clerk;
(12) The purchase price of the motor vehicle and the
amount of Ohio sales or use tax paid;
(13) The mileage registered on the odometer and the
status of the
odometer of the vehicle
at the time the previous title was assigned;
(14) A space for the seal of the clerk;
(15) The signature of the clerk;
(16) A space for the notation of the deputy clerk;
(17) A space for other pertinent information as may be
required by the registrar of motor vehicles;
(18) A consecutive number for control purposes;
(19) In the case of a vehicle last previously registered
in another state, a space to be used for recording any notation
applicable to the vehicle and the abbreviation of the state in
which the vehicle was last registered, as required by divisions
(B)(1) and (2) of section 4505.08 of the Revised Code;
(20) IN THE CASE OF A VEHICLE LAST PREVIOUSLY REGISTERED IN THIS STATE, A
SPACE TO BE USED FOR RECORDING ANY INFORMATION APPLICABLE TO THE VEHICLE AS
REQUIRED BY DIVISION (C) OF SECTION 4505.08 of the Revised Code OR BY RULE OF THE
REGISTRAR OF MOTOR VEHICLES ADOPTED UNDER THAT DIVISION.
(C) If the certificate of title is a duplicate
certificate, that fact and the original title number must be
stated on the front of the duplicate certificate.
(D) If the certificate of title is a memorandum
certificate, that fact and the original title number must be
stated on the front of the memorandum certificate.
(E) If the certificate of title is a salvage certificate,
that fact and the original title number must be stated on the
front of the salvage certificate.
(F) The following information shall appear on the reverse
side of each certificate of title:
(1) A notice in bold lettering that states: "ERASURES AND
ALTERATIONS VOID THIS TITLE ASSIGNMENT. (Type or print in ink.)";
(2) The total consideration of the vehicle;
(3) A disclosure that states: "I (we) certify the vehicle
described in this title was transferred for the price
of $.......... to:" and the printed name and address of the
buyer in full;
(4) An odometer certification statement that states:
"Federal and state laws require that you state the mileage in connection with
transfer of ownership. Failure to complete or providing false information may
result in fines and imprisonment."
The odometer certification language as required by federal law and division
(C) of section 4505.06 of the Revised Code.
(5) A disclosure that states: "I (we) warrant the title to be free of all
liens.";
(6) A space for the signature of the transferor and
the transferor's printed name and address in full;
(7) A space for the seal of the clerk or a notary;
(8) The acknowledgment statement of the clerk,
the deputy clerk, or a notary;
(9) A space for the signature of the clerk, the deputy
clerk, or a notary;
(10) The buyer's odometer acknowledgment statement,
with a space for the buyer's printed name and address;
(11) A notice in bold lettering that states: "WARNING TO
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required
by law to state the true selling price. A
false statement is in violation of section 2921.13 of the Revised
Code and is punishable by six months' imprisonment or a fine of
up to one thousand dollars, or both. All transfers are audited
by the department of taxation.
The seller and buyer must provide any information requested
by the department of taxation. The buyer may be assessed any
additional tax found to be due."
(12) An application for a certificate of title,
memorandum
certificate of title, or salvage certificate of title, as
prescribed by the registrar, which shall
include all of the following:
(a) A disclosure that states:
"Application for certificate of title (type or print in ink)";
(b) A disclosure that states:
"Fee of $5.00 for failure to apply for title within 30 days of
assignment.";
(c) A space for the applicant's
printed name and address:
(d) A pace SPACE for the applicant's
social security number or employer's identification number;
(e) A space for the purchase
price, tax paid, or tax exemption reason, or dealer's permit
number, and vendor's number, and condition of the vehicle;
(f) A disclosure statement that
states: "Lien information: If no lien state "none." If more
than one lien, attach statement of all additional liens.";
(g) A space for the lienholder's
name and address; dress;
(h) A disclosure statement that
states: "I (we) state that all information contained in this
application is true and correct.";
(i) A space for the applicant's
signature;
(j) A space for the acknowledgment
statement of the clerk, the deputy clerk, or a notary;
(k) A space for the seal of the
clerk or a notary;
(l) A space for the signature of
the clerk, the deputy clerk, or a notary;
(m) Any other pertinent
information as may be required by the registrar.
Sec. 4505.08. (A) The clerk of the court of common pleas
shall issue certificates of title in duplicate. One copy shall
be retained and filed by the clerk in the
clerk's office. The clerk shall sign
and affix the clerk's seal to the original certificate of
title and, if
there are no liens on the motor vehicle, shall deliver the
certificate to the applicant or the selling dealer. If there are one or more
liens on
the motor vehicle, the certificate of title shall be delivered to
the holder of the first lien or the selling dealer, who shall deliver the
certificate of title to the holder of the first lien.
The registrar of motor vehicles shall prescribe a uniform method of numbering
certificates of title, and such numbering shall be in such manner
that the county of issuance is indicated. The clerk shall assign
numbers to certificates of title in the manner prescribed by the
registrar. The clerk shall file all certificates of title
according to regulations to be prescribed by the registrar, and
the clerk shall maintain in the clerk's office indexes for
the
certificates of title.
The clerk need not retain on file any current
certificates of title, current duplicate certificates of title,
current memorandum certificates of title, or current salvage
certificates of title, or supporting evidence thereof covering
any motor vehicle or manufactured home for a period longer than
seven years after the date of its filing; thereafter the
same may
be destroyed. The clerk need not retain on file any
inactive records including certificates of title, duplicate
certificates of title, memorandum certificates of title, or
supporting evidence thereof covering any motor vehicle or
manufactured home for a period longer than five years after the
date of its filing; thereafter, the same may be destroyed. The clerk shall
retain the active index and all active records in the data base of the
computer in the clerk's
office, and shall retain in the data base a record and index of all inactive
titles for ten years. If the clerk provides a written copy of any information
contained in the data base, the copy shall be considered the original for
purposes of the clerk certifying the record of such information for use in any
legal proceeding.
(B)(1) If the clerk issues a certificate of title for a
motor vehicle that was last previously registered in another
state, the clerk shall record verbatim, where practicable, in
the space
on the title described in division (B)(19) of section 4505.07 of
the Revised Code, the words that appear as a notation to the
vehicle on the title issued by the previous state. These
notations may include, but are not limited to, words to the
effect that the vehicle was considered or was categorized by the
state in which it was last previously registered to be a law
enforcement vehicle, a taxicab, or was once in a flood.
(2) If the clerk, while issuing a certificate of title for
a motor vehicle that was last previously registered in another
state, receives information from the automated title processing
system indicating that a title to the vehicle previously was issued
by this state and that the previous title contained notations
that appeared in the space described in division (B)(19) OR
(20) of section 4505.07 of the Revised Code, the clerk shall enter
the notations that appeared on the previous certificate of title
issued by this state on the new certificate of title in the space
described in division (B)(19) OR (20) of section 4505.07 of
the Revised Code, irrespective of whether the notations appear on the
certificate of title issued by the state in which the vehicle was
last previously registered.
(3) If the clerk, while issuing a certificate of title for
a motor vehicle that was last previously registered in another
state, receives information from the automated title processing
system indicating that the vehicle was previously issued a title
by this state and that the previous title bore the notation
"REBUILT SALVAGE" as required by division (E) of section 4505.11
of the Revised Code, or the previous title to the vehicle issued
by this state was a salvage certificate of title, the clerk shall
cause the certificate of title the clerk issues to bear the notation
"REBUILT SALVAGE" in the location prescribed by the registrar
pursuant to that division.
(C) WHEN THE CLERK ISSUES A CERTIFICATE OF TITLE FOR A MOTOR
VEHICLE THAT WAS LAST PREVIOUSLY REGISTERED IN THIS STATE AND WAS A LAW
ENFORCEMENT VEHICLE, A TAXICAB, OR WAS ONCE IN A FLOOD, THE CLERK SHALL RECORD
THAT INFORMATION IN THE SPACE ON THE TITLE DESCRIBED IN DIVISION
(B)(20) OF SECTION 4505.07 of the Revised Code. THE REGISTRAR, BY RULE, MAY
PRESCRIBE ANY ADDITIONAL USES OF OR HAPPENINGS TO A MOTOR VEHICLE THAT THE
REGISTRAR HAS REASON TO BELIEVE SHOULD BE NOTED ON THE CERTIFICATE OF TITLE AS
PROVIDED IN THIS DIVISION.
(4)(D) The clerk shall use reasonable care in recording or
entering onto titles the clerk issues any notation and
information the clerk is required by division DIVISIONS (B)
AND (C) of this section to record or enter and
in causing the titles the clerk issues to bear any notation
required by that division THOSE DIVISIONS, but the clerk is not
liable for any of the clerk's errors or omissions or those of
the clerk's deputies, or the automated title
processing system, in the performance of the duties imposed on
the clerk by this section.
(C)(E) The clerk may issue a duplicate title, when duly
applied for, of any title that has been destroyed as herein provided.
Sec. 4506.01. As used in this chapter:
(A) "Alcohol concentration" means the concentration of
alcohol in a person's blood, breath, or urine. When expressed as
a percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of blood;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(B) "School bus" has the same meaning as in section
4511.01 of the Revised Code.
(C) "Commercial driver's license" means a license,
including a probationary commercial driver's license, issued in
accordance with this chapter that authorizes an individual to
drive a commercial motor vehicle.
(D) "Commercial driver license information system" means
the information system established pursuant to the requirements
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. 2701.
(E) "Commercial motor vehicle" means any motor vehicle
designed or used to transport persons or property that meets any
of the following qualifications:
(1) Any combination of vehicles with a combined gross
vehicle weight rating of twenty-six thousand one pounds or more,
provided the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight rating
of twenty-six thousand one pounds or more, or any such vehicle
towing a vehicle having a gross vehicle weight rating that is not
in excess of ten thousand pounds;
(3) Any single vehicle or combination of vehicles that is
not a class A or class B vehicle, but that either is designed to
transport sixteen or more passengers including the driver, or is
placarded for hazardous materials;
(4) Any school bus with a gross
vehicle weight rating of less than twenty-six thousand one pounds
that is designed to transport fewer than sixteen passengers
including the driver;
(5) Is transporting hazardous materials for which
placarding is required by regulations adopted under the
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A. 1801, as amended;
(6) Any single vehicle or combination of vehicles that is designed to be
operated and to travel on a public street or highway and is considered by the
federal highway administration to be a commercial motor vehicle, including,
but not limited to, a motorized crane, a vehicle whose function is to pump
cement, a rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following:
(1) Any substance classified as a controlled substance
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A. 802(6), as amended;
(2) Any substance included in schedules I through V of 21
C.F.R. part 1308, as amended;
(3) Any drug of abuse.
(G) "Conviction" means an unvacated adjudication of guilt
or a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court,
the payment of a fine or court cost, or violation of a condition
of release without bail, regardless of whether or not the penalty
is rebated, suspended, or probated.
(H) "Disqualification" means withdrawal of the privilege
to drive a commercial motor vehicle.
(I) "Drive" means to drive, operate, or be in physical
control of a motor vehicle.
(J) "Driver" means any person who drives, operates, or is
in physical control of a commercial motor vehicle or is required
to have a commercial driver's license.
(K) "Driver's license" means a license issued by the
bureau of motor vehicles that authorizes an individual to drive.
(L) "Drug of abuse" means any controlled substance,
dangerous drug as defined in section 4729.02 of the Revised Code,
or over-the-counter medication that, when taken in quantities
exceeding the recommended dosage, can result in impairment of
judgment or reflexes.
(M) "Employer" means any person, including the federal
government, any state, and a political subdivision of any state,
that owns or leases a commercial motor vehicle or assigns a
person to drive such a motor vehicle.
(N) "Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person
to operate a specified type of commercial motor vehicle.
(O) "Felony" means any offense under federal or state law
that is punishable by death or specifically classified as a
felony under the law of this state, regardless of the penalty
that may be imposed.
(P) "Foreign jurisdiction" means any jurisdiction other
than a state.
(Q) "Gross vehicle weight rating" means the value
specified by the manufacturer as the maximum loaded weight of a
single or a combination vehicle. The gross vehicle weight rating
of a combination vehicle is the gross vehicle weight rating of
the power unit plus the gross vehicle weight rating of each towed
unit.
(R) "Hazardous materials" means materials identified as
such under regulations adopted under the "Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as
amended.
(S) "Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.
(T) "Out-of-service order" means a temporary prohibition
against driving a commercial motor vehicle issued under this
chapter or a similar law of another state or of a foreign
jurisdiction.
(U) "Residence" means any person's residence determined in
accordance with section 3503.02 of the Revised Code STANDARDS
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR.
(V) "TEMPORARY RESIDENCE" MEANS RESIDENCE ON A TEMPORARY BASIS AS
DETERMINED BY THE REGISTRAR IN ACCORDANCE WITH STANDARDS PRESCRIBED IN RULES
ADOPTED BY THE REGISTRAR.
(W) "Serious traffic violation" means a conviction arising
from the operation of a commercial motor vehicle that involves
any of the following:
(1) A single charge of any speed that is in excess of the
posted speed limit by an amount specified by the United States
secretary of transportation and that the director of public
safety designates as such by rule;
(2) Violation of section 4511.20, 4511.201, or 4511.202 of
the Revised Code or any similar ordinance or resolution, or of
any similar law of another state or political subdivision of
another state;
(3) Violation of a law of this state or an ordinance or
resolution relating to traffic control, other than a parking
violation, or of any similar law of another state or political
subdivision of another state, that results in a fatal accident;
(4) Violation of any other law of this state or an
ordinance or resolution relating to traffic control, other than a
parking violation, that is determined to be a serious traffic
violation by the United States secretary of transportation and
the director designates as such by rule.
(W)(X) "State" means a state of the United States and
includes the District of Columbia.
(X)(Y) "Tank vehicle" means any commercial motor vehicle that
is designed to transport any liquid or gaseous materials within a
tank that is either permanently or temporarily attached to the
vehicle or its chassis, but does not include any portable tank
having a rated capacity of less than one thousand gallons.
(Y)(Z) "United States" means the fifty states and the
District of Columbia.
(Z)(AA) "Vehicle" has the same meaning as in section 4511.01
of the Revised Code.
(AA)(BB) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(BB) "Probationary commercial driver's license" means the
license issued to a person between eighteen and twenty-one years
of age.
Sec. 4506.08. (A) Each application for a commercial
driver's license temporary instruction permit shall be
accompanied by a fee of ten dollars; except as provided in
division (B) of this section, each application for a commercial
driver's license, restricted commercial driver's license, or
renewal of such a license, or for a probationary commercial
driver's license shall be accompanied by a fee of twenty-five
dollars; and each application for a duplicate commercial driver's
license shall be accompanied by a fee of ten dollars. In addition, the
registrar OF MOTOR VEHICLES or deputy registrar may collect and retain
an additional fee of no more than two dollars and twenty-five cents for each
application for a commercial driver's license temporary instruction permit,
commercial driver's license, renewal of a commercial driver's license, or
duplicate commercial
driver's license received by him THE REGISTRAR OR DEPUTY. No
fee shall be charged for the annual
issuance of a waiver for farm-related service industries pursuant
to section 4506.24 of the Revised Code.
Each deputy registrar shall transmit the fees collected to
the registrar of motor vehicles at the time and in the manner
prescribed by the registrar by rule. The registrar shall pay the
fees into the state highway safety fund established in section
4501.06 of the Revised Code.
(B) Each application for a probationary commercial
driver's license shall be accompanied by whichever of the
following fees is applicable:
(1) If the person is eighteen years of age or older, but
less than nineteen years of age, a fee of eighteen dollars and
seventy-five cents;
(2) If the person is nineteen years of age or older, but
less than twenty years of age, a fee of twelve dollars and fifty
cents;
(3) If the person is twenty years of age or older, but
less than twenty-one years of age, a fee of six dollars and
twenty-five cents.
(C) Information regarding the driving record of any person
holding a commercial driver's license issued by this state shall
be furnished by the registrar, upon request and payment of a fee
of three dollars, to the employer or prospective employer of such
a person and to any insurer.
Sec. 4506.14. (A) Commercial driver's licenses shall
expire as follows:
(1) Except as provided in division (A)(3) of this section,
each such license issued to replace an operator's or chauffeur's
license shall expire on the original expiration date of the
operator's or chauffeur's license and, upon renewal, shall expire
on the licensee's birthday in the fourth year after the date of
issuance.
(2) Except as provided in division (A)(3) of this section,
each such license issued as an original license TO A PERSON WHOSE RESIDENCE
IS IN THIS STATE shall expire on
the licensee's birthday in the fourth year after the date of issuance,
AND EACH SUCH LICENSE ISSUED TO A
PERSON WHOSE TEMPORARY RESIDENCE IS IN THIS STATE SHALL EXPIRE
IN ACCORDANCE WITH RULES ADOPTED BY THE REGISTRAR OF MOTOR
VEHICLES. A LICENSE ISSUED TO A PERSON WITH A TEMPORARY
RESIDENCE IN THIS STATE IS NONRENEWABLE, BUT MAY BE REPLACED
WITH A NEW LICENSE WITHIN NINETY DAYS PRIOR TO ITS EXPIRATION
UPON THE APPLICANT'S COMPLIANCE WITH ALL APPLICABLE
REQUIREMENTS.
(3) Each such license issued to replace the operator's or
chauffeur's license of a person who is less than twenty-one years
of age, and each such license issued as an original license to a
person who is less than twenty-one years of age, shall expire on
the licensee's twenty-first birthday.
(B) No commercial driver's license shall be issued for
a period longer than four years AND NINETY DAYS. Except as provided in
section
4507.12 of the Revised Code, the registrar of motor vehicles may
waive the examination of any person applying for the renewal of a
commercial driver's license issued under this chapter, provided
that the applicant presents either an unexpired commercial
driver's license or a commercial driver's license that has
expired not more than six months prior to the date of application.
(C) Subject to the requirements of this chapter AND EXCEPT AS PROVIDED IN
DIVISION (A)(2) OF THIS SECTION IN REGARD TO A PERSON WHOSE TEMPORARY
RESIDENCE IS IN THIS STATE, every commercial driver's license shall be
renewable sixty NINETY days before its expiration upon payment
of the fees required by section 4506.08 of the Revised Code. Each person
applying for renewal of a commercial driver's license shall complete the
application form
prescribed by section 4506.07 of the Revised Code and shall
provide all certifications required. If the person wishes to retain an
endorsement authorizing him THE PERSON to
transport hazardous materials, he THE PERSON shall take and
successfully complete the written test for the endorsement.
(D) Each person licensed as a driver under this chapter
shall notify the registrar of any change in the
person's address within ten days following that change. The
notification shall be in writing on a form provided by the
registrar and shall include the full name, date of birth, license
number, county of residence, social security number, and new
address of the person.
Sec. 4507.01. (A) As used in this chapter, "motor
vehicle," "motorized bicycle," "state," "owner," "operator,"
"chauffeur," and "highways" have the same meanings as in section
4501.01 of the Revised Code.
"Driver's license" means a class D license issued to any
person to operate a motor vehicle or motor-driven cycle, other
than a commercial motor vehicle, and includes "probationary
license," "restricted license," and any operator's or chauffeur's
license issued before January 1, 1990.
"Probationary license" means the license issued to any
person between sixteen and eighteen years of age to operate a
motor vehicle.
"Restricted license" means the license issued to any person
to operate a motor vehicle subject to conditions or restrictions
imposed by the registrar OF MOTOR VEHICLES.
"Commercial driver's license" means the license issued to a
person under Chapter 4506. of the Revised Code to operate a
commercial motor vehicle.
"Commercial motor vehicle" has the same meaning as in
section 4506.01 of the Revised Code.
"Motorized bicycle license" means the license issued under
section 4511.521 of the Revised Code to any person to operate a
motorized bicycle including a "probationary motorized bicycle
license."
"Probationary motorized bicycle license" means the license
issued under section 4511.521 of the Revised Code to any person
between fourteen and sixteen years of age to operate a motorized
bicycle.
"Identification card" means a card issued under sections
4507.50 and 4507.51 of the Revised Code.
"RESIDENT" MEANS A PERSON WHO, IN ACCORDANCE WITH
STANDARDS PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR, RESIDES IN THIS STATE
ON A PERMANENT BASIS.
"TEMPORARY RESIDENT" MEANS A PERSON WHO, IN ACCORDANCE
WITH STANDARDS PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR,
RESIDES IN THIS STATE ON A TEMPORARY BASIS.
(B) In the administration of this chapter and Chapter
4506. of the Revised Code, the registrar of motor vehicles has
the same authority as is conferred on the registrar by section
4501.02 of the Revised Code. Any act of an authorized deputy
registrar of motor vehicles under direction of the registrar is
deemed the act of the registrar.
To carry out this chapter, the registrar shall appoint such
deputy registrars in each county as are necessary.
The registrar shall also SHALL provide at each place where an
application for a driver's or commercial driver's license or
identification card may be made the necessary equipment to take a
color photograph of the applicant for such license or card as
required under section 4506.11 or 4507.06 of the Revised Code,
and to conduct the vision screenings required by section 4507.12
of the Revised Code, and equipment to laminate licenses,
motorized bicycle licenses, and identification cards as required
by sections 4507.13, 4507.52, and 4511.521 of the Revised Code.
The registrar shall assign one or more deputy registrars to
any driver's license examining station operated under the
supervision of the state highway patrol, whenever the registrar
considers such assignment possible. Space shall be provided in
the driver's license examining station for any such deputy
registrar so assigned. The deputy registrar REGISTRARS shall
not exercise the powers conferred by such sections upon the registrar, unless
they are specifically authorized to exercise such powers by such
sections.
(C) No agent for any insurance company, writing automobile
insurance, shall be appointed deputy registrar, and any such
appointment is void. No deputy registrar shall in any manner
solicit any form of automobile insurance, nor in any manner
advise, suggest, or influence any licensee or applicant for
license for or against any kind or type of automobile insurance,
insurance company, or agent, nor have his THE DEPUTY REGISTRAR'S
office directly connected with the office of any automobile insurance agent,
nor impart any information furnished by any applicant for a license
or identification card to any person, except the registrar. This
division shall not apply to any nonprofit corporation appointed
deputy registrar.
(D) The registrar shall immediately remove a deputy
registrar who violates the requirements of this chapter.
(E) The registrar shall periodically solicit bids and
enter into a contract for the provision of laminating equipment
and laminating materials to the registrar and all deputy
registrars. The registrar shall not consider any bid that does
not provide for the supplying of both laminating equipment and
laminating materials. The laminating materials selected shall
contain a security feature so that any tampering with the
laminating material covering a license or identification card is
readily apparent. In soliciting bids and entering into a
contract for the provision of laminating equipment and laminating
materials, the registrar shall observe all procedures required by
law.
Sec. 4507.012. AS USED IN THE REVISED CODE, "SUSPENSION"
OR "REVOCATION," WHEN APPLIED TO A DRIVER'S LICENSE, MEANS, UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE, THE WITHDRAWAL FROM A
RESIDENT, TEMPORARY RESIDENT, OR NONRESIDENT OF THE PRIVILEGE TO
OPERATE A MOTOR VEHICLE UPON A STREET OR HIGHWAY IN THIS STATE.
THE WITHDRAWAL OF THE PRIVILEGE IS EFFECTIVE DURING THE ENTIRE
PERIOD OF THE SUSPENSION OR REVOCATION AND ALSO INCLUDES ANY
PERIOD DURING WHICH THE RESIDENT, TEMPORARY RESIDENT, OR
NONRESIDENT EITHER HAS NOT PAID ANY APPLICABLE DRIVER'S LICENSE
REINSTATEMENT FEE OR HAS NOT COMPLIED WITH ANY OTHER REQUIREMENT
GOVERNING LICENSE REINSTATEMENT.
Sec. 4507.02. (A)(1) No person, except those expressly
exempted under sections 4507.03, 4507.04, and 4507.05 of the
Revised Code, shall operate any motor vehicle upon a highway or
any public or private property used by the public for purposes of
vehicular travel or parking in this state unless the person has a
valid driver's license issued under this chapter or a commercial
driver's license issued under Chapter 4506. of the Revised Code.
(2) No person shall permit the operation of a motor
vehicle upon any public or private property used by the public
for purposes of vehicular travel or parking knowing the operator
does not have a valid driver's license issued to the operator by
the registrar of motor vehicles under this chapter or a valid
commercial driver's license issued under Chapter 4506. of the
Revised Code.
(3) No person, except a person expressly exempted under
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall
operate any motorcycle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking in this state unless the person has a valid license as a
motorcycle operator, that was issued upon application by the
registrar under this chapter. The license shall be in the form
of an endorsement, as determined by the registrar, upon a
driver's or commercial driver's license, if the person has a
valid license to operate a motor vehicle or commercial motor
vehicle, or in the form of a restricted license as provided in
section 4507.14 of the Revised Code, if the person does not have
a valid license to operate a motor vehicle or commercial motor
vehicle.
(4) No person shall receive a driver's license, or a
motorcycle operator's endorsement of a driver's or commercial
driver's license, unless and until he THE PERSON surrenders to
the registrar
all valid licenses issued to him THE PERSON by another
jurisdiction
recognized by this state. All surrendered licenses shall be
returned by the registrar to the issuing authority, together with
information that a license is now issued in this state. No
person shall be permitted to have more than one valid license at
any time.
(B)(1) No person, whose driver's or commercial driver's
license or permit or nonresident's operating privilege has been
suspended or revoked pursuant to Chapter 4509. of the Revised
Code, shall operate any motor vehicle within this state, or
knowingly permit any motor vehicle owned by him THE PERSON to be
operated by
another person in the state, during the period of the suspension
or revocation, except as specifically authorized by Chapter 4509.
of the Revised Code. No person shall operate a motor vehicle
within this state, or knowingly permit any motor vehicle owned by
him THE PERSON to be operated by another person in the state,
during the
period in which he THE PERSON is required by section 4509.45 of
the Revised
Code to file and maintain proof of financial responsibility for a
violation of section 4509.101 of the Revised Code, unless proof
of financial responsibility is maintained with respect to that
vehicle.
(2) No person shall operate any motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking in this state in
violation of any restriction of the person's driver's or
commercial driver's license imposed under division (D) of section
4506.10 or section 4507.14 of the Revised Code.
(C) No person, whose driver's or commercial driver's
license or permit has been suspended pursuant to section
4511.191, section 4511.196, or division (B) of section 4507.16 of
the Revised Code, shall operate any motor vehicle within this
state until he THE PERSON has paid the license reinstatement fee
required
pursuant to division (L) of section 4511.191 of the Revised Code
and the license or permit has been returned to the person or a
new license or permit has been issued to the person.
(D)(1) No person, whose driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended or revoked under any provision of the Revised Code
other than Chapter 4509. of the Revised Code or under any
applicable law in any other jurisdiction in which the person's
license or permit was issued, shall operate any motor vehicle
upon the highways or streets within this state during the period
of the suspension or within one year after the date of the
revocation. No person who is granted occupational driving
privileges by any court shall operate any motor vehicle upon the
highways or streets in this state except in accordance with the
terms of the privileges.
(2) No person, whose driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended under division (B) of section 4507.16 of the Revised
Code, shall operate any motor vehicle upon the highways or
streets within this state during the period of suspension. No
person who is granted occupational driving privileges by any
court shall operate any motor vehicle upon the highways or
streets in this state except in accordance with the terms of
those privileges.
(E) It is an affirmative defense to any prosecution
brought pursuant to division (B), (C), or (D) of this section
that the alleged offender drove under suspension or in violation
of a restriction because of a substantial emergency, provided
that no other person was reasonably available to drive in
response to the emergency.
(F)(1) If a person is convicted of a violation of division
(B), (C), or (D) of this section, the trial judge of any court,
in addition to or independent of, any other penalties provided by
law or ordinance, shall impound the identification license plates
of any motor vehicle registered in the name of the person. The
court shall send the impounded license plates to the registrar,
who may retain the license plates until the driver's or
commercial driver's license of the owner has been reinstated or
destroy them pursuant to section 4503.232 of the Revised Code.
If the license plates of a person convicted of a violation
of division (B), (C), or (D) of this section have been impounded
in accordance with the provisions of this division, the court
shall notify the registrar of that action. The notice shall
contain the name and address of the driver, the serial number of
his THE DRIVER'S driver's or commercial driver's license, the
serial numbers
of the license plates of the motor vehicle, and the length of
time for which the license plates have been impounded. The
registrar shall record the data in the notice as part of the
driver's permanent record.
(2) Any motor vehicle owner who has had the license plates
of a motor vehicle impounded pursuant to division (F)(1) of this
section may apply to the registrar, or to a deputy registrar, for
special license plates which shall conform to the requirements of
section 4503.231 of the Revised Code. The registrar or deputy
registrar forthwith shall notify the court of the application
and, upon approval of the court, shall issue special license
plates to the applicant. Until the driver's or commercial
driver's license of the owner is reinstated, any new license
plates issued to him THE OWNER also shall conform to the
requirements of
section 4503.231 of the Revised Code.
A fee of two dollars and fifty cents THE REGISTRAR OR DEPUTY
REGISTRAR shall be charged CHARGE THE OWNER OF A VEHICLE THE
FEES PROVIDED IN SECTION 4503.19 of the Revised Code for every set of special
license plates that are issued in accordance
with this division, except upon renewal as specified in section
4503.10 of the Revised Code, when the regular fee as provided in
section 4503.04 of the Revised Code shall be charged. Whenever a set
of THE REGISTRAR OR DEPUTY REGISTRAR SHALL CHARGE THE OWNER OF A
VEHICLE THE FEES PROVIDED IN SECTION 4503.19 of the Revised Code WHENEVER special license
plates is ARE exchanged, by reason of the
reinstatement of the driver's or commercial driver's license of
the owner, for those ordinarily issued, no fee shall be charged.
(3) If an owner wishes to sell a motor vehicle during the
time the special license plates provided under division (F)(2) of
this section are in use, he THE OWNER may apply to the court
that impounded
the license plates of the motor vehicle for permission to
transfer title to the motor vehicle. If the court is satisfied
that the sale will be made in good faith and not for the purpose
of circumventing the provisions of this section, it may certify
its consent to the owner and to the registrar of motor vehicles
who shall enter notice of the transfer of the title of the motor
vehicle in the vehicle registration record.
If, during the time the special license plates provided
under division (F)(2) of this section are in use, the title to a
motor vehicle is transferred by the foreclosure of a chattel
mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or by order of a court, the court
shall notify the registrar of the action and the registrar shall
enter notice of the transfer of the title to the motor vehicle in
the vehicle registration record.
(G) This section is not intended to change or modify any
provision of Chapter 4503. of the Revised Code with respect to
the taxation of motor vehicles or the time within which the taxes
on motor vehicles shall be paid.
Sec. 4507.021. (A) Every county court judge, mayor of a
mayor's court, and clerk of a court of record shall keep a full
record of every case in which a person is charged with any
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01
to 4513.36 of the Revised Code, or of any other law or ordinance
regulating the operation of vehicles, streetcars, and trackless
trolleys on highways or streets.
A United States district court whose
jurisdiction lies within this state may keep a full record of
every case in which a person is charged with any violation of
sections 4511.01 to 4511.771, 4511.99, and 4513.01 to 4513.36 of
the Revised Code, or of any other law or
ordinance regulating the operation of vehicles, streetcars, and
trackless trolleys on highways or streets located on federal
property within this state.
(B) If a person is convicted of or forfeits bail in
relation to a violation of any section listed in division (A) of
this section or a violation of any other law or ordinance
regulating the operation of vehicles, streetcars, and trackless
trolleys on highways or streets, the county court judge, mayor of
a mayor's court, or clerk, within ten days after the conviction
or bail forfeiture, shall prepare and immediately forward to the
bureau of motor vehicles an abstract, certified by the preparer
to be true and correct, of the court record covering the case in
which the person was convicted or forfeited bail.
If a person is convicted of or forfeits bail in relation
to a violation of any section listed in division (A) of this section or a
violation of any other law or ordinance regulating the operation
of vehicles, streetcars, and trackless trolleys on highways or
streets, a United States district court whose
jurisdiction lies within this state, within ten days after the
conviction or bail forfeiture, may prepare and immediately
forward to the bureau an abstract, certified by the preparer to
be true and correct, of the court record covering the case in
which the person was convicted or forfeited bail.
(C)(1) Each abstract required by division (B) of this
section shall be made upon a form approved and furnished by the
bureau and shall include the name and address of the person
charged, the number of the person's the party's driver's or commercial
driver's license, the registration number of the vehicle involved, the
nature of the offense, the date of the offense, the date of
hearing, the plea, the judgment, or whether bail was forfeited,
and the amount of the fine or forfeiture.
If a United States district court whose
jurisdiction lies within this state utilizes the provision
contained in division (B) of
this section and forwards an abstract to the bureau, on a form
approved and furnished by the bureau, containing all the
information prescribed in division (C)(1) of this section, the
bureau shall accept and process the abstract in the same manner
as it accepts and processes an abstract received from a county
judge, mayor of a mayor's court, or clerk of a court of record.
(2)(a) If a person is charged with a violation of section
4511.19 of the Revised Code or a violation of any ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse or
relating to operating a vehicle with a prohibited concentration
of alcohol in the blood, breath, or urine; if that charge is
dismissed or reduced; if the person is convicted of or forfeits
bail in relation to a violation of any other section of the
Revised Code or of any ordinance that regulates the operation of
vehicles, streetcars, and trackless trolleys on highways and
streets but that does not relate to operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine; and if
the violation of which the person was convicted or in relation to
which the person forfeited bail arose out of the same facts and
circumstances and the same act as did the charge that was
dismissed or reduced, the abstract also shall set forth the
charge that was dismissed or reduced, indicate that it was
dismissed or reduced, and indicate that the violation resulting
in the conviction or bail forfeiture arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced.
(b) If a charge against a person of a violation of
division (B)(1) or (D)(2) of section 4507.02 of the Revised Code
or any municipal ordinance that is substantially equivalent to
that division is dismissed or reduced and if the person is
convicted of or forfeits bail in relation to a violation of any
other section of the Revised Code or any other ordinance that
regulates the operation of vehicles, streetcars, and trackless
trolleys on highways and streets that arose out of the same facts
and circumstances as did the charge that was dismissed or
reduced, the abstract also shall set forth the charge that was
dismissed or reduced, indicate that it was dismissed or reduced,
and indicate that the violation resulting in the conviction or
bail forfeiture arose out of the same facts and circumstances and
the same act as did the charge that was dismissed or reduced.
(3) If a person was convicted of or pleaded guilty to a
violation of division (B)(1) or (D)(2) of section 4507.02 of the
Revised Code, a substantially equivalent municipal ordinance,
section 4507.33 or division (A) of section 4511.19 of the Revised Code, or a
municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or with a prohibited concentration of alcohol in the blood,
breath, or urine, and division (E) of section 4503.234 of the
Revised Code prohibits the registrar of motor vehicles and all deputy
registrars
from accepting an application for the registration of, or
registering, any motor vehicle in the name of that person, the
abstract shall specifically set forth these facts and clearly
indicate the date on which the order of criminal forfeiture was
issued or would have been issued but for the operation of
division (C) of section 4503.234 or section 4503.235 of the
Revised Code. If the registrar receives an abstract containing
this information relating to a person, the registrar, in
accordance with sections 4503.12 and 4503.234 of the Revised
Code, shall take all necessary measures to prevent the registrar's
office or
any deputy registrar from accepting from the person, for the
period of time ending five years after the date on which the
order was issued or would have been issued and as described in
division (E) of section 4503.234 of the Revised Code, any new
application for the registration of any motor vehicle in the name
of the person.
(D)(1) Every court of record also shall forward to the bureau an abstract of
the court record as described in division (C) of this section upon the
conviction of any person of aggravated vehicular homicide or vehicular
homicide or of a felony in the commission of which a
vehicle was used.
A United States district court whose
jurisdiction lies within this state also may forward to the
bureau an abstract as described in division (C) of this section upon the
conviction of any person of aggravated vehicular homicide or
vehicular homicide or of a felony in the commission of which a
vehicle was used.
(2)(a) If a child 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, or any violation of
division (B) of section 2917.11 or of section 4511.19 of the
Revised Code, the court shall notify the bureau, by means of an abstract of
the court record as described in divisions (B) and (C) of this section,
within ten days after the adjudication.
(b) If a court requires a child as provided in division
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse
education, intervention, or treatment program, the abstract required by that
division and forwarded to the bureau also shall
include the name and address of the operator of the program and
the date that the child entered the program. If the child
satisfactorily completes the program, the court, immediately
upon receipt of such information, shall send to the bureau an updated
abstract that also shall contain the date on which the child
satisfactorily completed the program.
(E) The purposeful failure or refusal of the officer to
comply with this section constitutes misconduct in office and is
a ground for removal from the office.
(F) The bureau shall record within ten days and keep all
abstracts received under this section at its main office and
shall maintain records of convictions and bond forfeitures for
any violation of law or ordinance regulating the operation of
vehicles, streetcars, and trackless trolleys on highways and
streets, except as to parking a motor vehicle. The bureau also
shall record any abstract of a case involving a first violation
of division (D) of section 4511.21 of the Revised Code, whether
or not points are to be assessed therefor, in such a manner that
it becomes a part of the person's permanent record and assists a
court in monitoring the assessment of points under division (G)
of this section.
(G) Every court of record or mayor's court before which a
person is charged with a violation for which points are
chargeable by this section shall assess and transcribe to the
abstract of conviction report, furnished by the bureau, the
number of points chargeable by this section in the correct space
assigned on the reporting form. A United
States district court whose
jurisdiction lies within this state and before whom a person is
charged with a violation for which points are chargeable by this
section may assess and transcribe to the abstract of conviction
report, furnished by the bureau, the number of points chargeable
by this section in the correct space assigned on the reporting
form. If the court so assesses and transcribes to the abstract
of conviction report the number of points chargeable, the bureau
shall record the points in the same manner as those assessed and
transcribed by every court of record or mayor's court of this
state. The points shall be assessed based on the following
formula:
(1) Violation of division (B), (C), or (D) of section
4507.02 of the Revised Code or any ordinance prohibiting the
operation of a motor vehicle while the driver's or commercial
driver's license is under suspension or revocation
6 points
(2) Violation of section 2913.03 of the Revised Code,
except the provisions relating to use or operation of an aircraft
or motorboat, or any ordinance prohibiting the operation of a
vehicle without the consent of the owner
6 points
(3) Aggravated vehicular homicide or vehicular homicide,
when either involves the operation of a vehicle, streetcar, or
trackless trolley on a highway or street
6 points
(4) Violation of division (A) of section 4511.19 of the
Revised Code, any ordinance prohibiting the operation of a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or any ordinance substantially equivalent to
division (A) of section 4511.19 of the Revised Code prohibiting the
operation of a vehicle with a prohibited concentration of alcohol
in the blood, breath, or urine
6 points
(5) Violation of section 4549.02 or 4549.021 of the
Revised Code or any ordinance requiring the driver of a vehicle
to stop and disclose identity at the scene of an accident
6 points
(6) Violation of section 2921.331 of the Revised Code or
any ordinance prohibiting the willful fleeing or eluding of a
police officer
6 points
(7) Any crime punishable as a felony under the motor
vehicle laws of this state, or any other felony in the commission
of which a motor vehicle was used
6 points
(8) Operating a motor vehicle in violation of a
restriction imposed by a registrar
2 points
(9) Violation of section 4511.251 of the Revised Code or
any ordinance prohibiting street racing
6 points
(10) Violation of section 4511.20 of the Revised Code or
any ordinance prohibiting the operation of a motor vehicle in
willful or wanton disregard of the safety of persons or property
4 points
(11) Violation of division (B) of section 4511.19 of the Revised Code or any
ordinance substantially equivalent to that division prohibiting the operation
of a vehicle with a prohibited concentration of alcohol in the blood, breath,
or urine
4 points
(12) Violation of any law or ordinance pertaining to
speed, except as otherwise provided in this section and in
division (G) of section 4511.21 of the Revised Code
2 points
(13) Upon a first violation of a limitation under division
(D) of section 4511.21 of the Revised Code at a speed in excess
of seventy-five miles per hour
2 points
(14) Upon a second violation within one year of the first
violation of a limitation under division (D) of section 4511.21
of the Revised Code, for each increment of five miles per hour in
excess of the posted speed limit, exclusive of the first five
miles per hour over the limitation
1 point
(15) Upon a third or subsequent violation within one year
of the first violation of a limitation under division (D) of
section 4511.21 of the Revised Code, for each increment of five
miles per hour in excess of the posted speed limit, exclusive of
the first five miles per hour over the limitation
2 points
(16) All other moving violations pertaining to the
operation of motor vehicles reported under this section, except
any violations of section 4513.263 of the Revised Code or any
substantively comparable ordinance, or violations under Chapter
5577. of the Revised Code
2 points
(H) Upon receiving notification from the proper court, including a
United States district court whose jurisdiction lies within
this state, the bureau shall delete any points entered for bond
forfeiture in the event the driver is acquitted of the offense for which
the driver bond was posted.
(I) In the event a person is convicted of, or forfeits
bail for two or more offenses, arising out of the same facts, and
points are chargeable for each of the offenses, points shall be
charged for only the conviction or bond forfeiture for which the
greater number of points is chargeable, and if the number of
points chargeable for each offense is equal, only one offense
shall be recorded and points charged therefor.
(J) Whenever the points charged against any person exceed
five, the registrar shall forward to the person at the person's
last known address, via regular mail, a warning letter listing the reported
violations, along with the number of points charged for each, and outlining
the suspension provision of this section.
(K) When, upon determination of the registrar, any person
has charged against the person a total of not less than twelve
points within a period of two years from the date of the first
conviction within the two-year period, the registrar shall send
written notification to the person at the person's last known
address, that the person's driver's or commercial driver's license shall be
suspended for six months, effective on the twentieth day after
mailing the notice, unless the person files a petition in the
municipal court or the county court, or in case such person is
under the age of eighteen years, to IN the juvenile court, in
whose
jurisdiction such person resides, OR IN THE CASE OF A NONRESIDENT, IN THE
COURT OF COMMON PLEAS OF FRANKLIN COUNTY. BY FILING AN APPEAL THE
PERSON IS agreeing to pay the cost of the
proceedings and IS alleging that the person can show cause why
the person's the licensee's driving privileges should not be suspended
for a period of six months.
(L) Any person who has charged against the person more than five
but not more than eleven points, for the purpose of obtaining a
credit of two points against the total amount of points on the person's
driving record, may enroll for one time only in a course of remedial driving
instruction, as
approved by the director of public safety. Such a credit,
subject to successful completion of an approved remedial driving
course taken at a time when more than five but not more than eleven points
are charged against the person, shall be approved by the registrar.
(M) When the driving privileges of any person are
suspended by any trial judge of any court of record pursuant to
section 4507.16 of the Revised Code, and points are charged
against the person under this section for the offense which
resulted in the suspension, that period of suspension shall be
credited against the time of any subsequent suspension under this
section for which the points were considered in making the
subsequent suspension.
When the driving privileges of a person are suspended
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988), 18 U.S.C.A.
13, as amended, by a United States district court whose
jurisdiction lies within this state and the court utilizes the
provision contained in division (B) of this section, and points
are charged against the person under this section for the
offense that resulted in the suspension, the period of
suspension imposed by the district court shall be credited
against the time of any subsequent suspension imposed under this
section for which the points were considered in making the
subsequent suspension.
(N) The registrar, upon written request of a
licensee petitioning under division (K) of this section, shall furnish
the licensee a copy of the registrar's record of the convictions
and bond forfeitures of the person certified by the registrar.
This record shall include the name, address, and birthdate of the
person so charged; the number of the person's driver's or
commercial
driver's license; the name of the court in which each conviction
or bail forfeiture took place; the nature of the offense; the
date of hearing; the number of points charged against each
conviction or bail forfeiture; and such other information as the
registrar considers necessary. When the
record
includes not less than twelve points charged against the person
within a two-year period, it is prima-facie evidence that the
person is a repeat traffic offender and the person's driving
privilege
shall be suspended as provided in this section.
In hearing the matter and determining whether the person
has shown cause why the person's driving privileges should not be
suspended, the court shall decide the issue upon the record
certified by the registrar and such additional relevant,
competent, and material evidence as either the registrar or the
person whose license is sought to be suspended submits.
In such proceedings, the registrar shall be represented by
the prosecuting attorney of the county in which the person
resides if the petition is filed in the county court, except
where the petitioner is a resident of a city or village within
the jurisdiction of a county court in which case the city
director of law or village solicitor shall represent the
registrar. If the petition is filed in the municipal court, the
registrar shall be represented as provided in section 1901.34 of
the Revised Code.
If the court finds from the evidence submitted that the
person has failed to show cause why the person's driving privileges
should
not be suspended, then the court shall assess the cost of the
proceeding against the person and shall impose the suspension
provided in division (K) of this section or withhold the
suspension, or part thereof, and provide such conditions or
probation as the court deems proper. If the court finds that the
person has shown cause why the person's driving privileges should
not be
suspended, the cost of the proceedings shall be paid out of the
county treasury of the county in which the proceedings were held.
Any person whose license is suspended under this section is
not entitled to apply for or receive a new license during the
effective period of the suspension.
Upon termination of any suspension or other penalty imposed
under this section involving surrender of a license or permit and
upon request of the person whose license or permit was so
suspended or surrendered, the registrar shall return the license
or permit to the person upon determining that all provisions of
section 4507.022 of the Revised Code have been met or shall reissue the
person's license or permit under section 4507.54 of the Revised Code, if the
registrar destroyed the license or permit under that section.
Any person whose license, permit, or privilege to operate a
motor vehicle has been suspended as a repeat traffic offender
under this section and who, during such suspension, drives any
motor vehicle upon any highway is guilty of a misdemeanor of the
first degree, and no court shall suspend the first three days of
any such sentence.
(O) The privilege of driving a motor vehicle on the
highways or streets of this state, given to nonresidents under
section 4507.04 of the Revised Code, is subject to
suspension by the registrar.
Sec. 4507.022. Any person whose driver's or commercial driver's license or
permit is suspended, or who is put on probation or granted limited or
occupational driving privileges, under section 4507.021 or division (E) of
section 4507.16 of the Revised Code, is not eligible to retain the
person's license, or to have the person's license returned DRIVING
PRIVILEGES REINSTATED, until each of the following has occurred:
(A) The person successfully completes a course of remedial driving
instruction
approved by the director of public safety, provided the person
commences taking the course after the person's driver's or commercial driver's
license or permit is suspended under section 4507.021 or division (E)
of section 4507.16 of the Revised Code. A minimum of twenty-five per cent
of the number of hours of instruction included in the course shall be devoted
to instruction on driver attitude.
The course also shall devote a number of hours to instruction in the area of
alcohol and drugs and the operation of motor vehicles. The instruction shall
include, but not be limited to, a review of the laws governing the operation
of a motor vehicle while under the influence of alcohol, drugs, or both, the
dangers of operating a motor vehicle while under the influence of alcohol,
drugs, or both, and
other information relating to the operation of motor vehicles and the
consumption of alcoholic beverages and use of drugs. The director, in
consultation with the director of the department of alcohol and drug
addiction
services, shall prescribe the content of the instruction. The number of hours
devoted to the area of alcohol and drugs and the operation of motor vehicles
shall comprise a minimum of twenty-five per cent of the number of hours of
instruction included in the course.
(B) The person is examined in the manner provided for in section
4507.20 of the
Revised Code, and found by the registrar of motor vehicles to be qualified to
operate a motor vehicle;
(C) The person gives and maintains proof of financial
responsibility, in accordance
with section 4509.45 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. 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.
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.
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.
No temporary instruction permit or driver's license shall
be issued to, or retained by:
(A) 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) 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) 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) Any person who is unable to understand highway
warnings or traffic signs or directions given in the English
language;
(E) 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) 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;
(G) ANY PERSON WHO IS NOT A RESIDENT OR TEMPORARY RESIDENT OF
THIS STATE.
Sec. 4507.09. (A) Except as provided in division (B) of
this section, every driver's license ISSUED TO A RESIDENT OF THIS STATE
expires on the birthday of the applicant in the fourth year after the date it
is issued, but in AND EVERY DRIVER'S LICENSE ISSUED TO A TEMPORARY
RESIDENT EXPIRES IN ACCORDANCE WITH RULES ADOPTED BY THE REGISTRAR OF MOTOR
VEHICLES. IN no event shall any such license be issued for a
period longer than four years AND NINETY DAYS.
Subject to the requirements of section 4507.12 of the
Revised Code, every driver's license ISSUED TO A RESIDENT is renewable
within sixty days prior to its expiration upon payment of the fees as
required by law, except that AND any license of an Ohio A
TEMPORARY resident who will be temporarily out-of-state is
renewable at any time prior to its expiration NONRENEWABLE.
A NONRENEWABLE LICENSE MAY BE REPLACED WITH A NEW LICENSE WITHIN NINETY
DAYS PRIOR TO ITS EXPIRATION UPON THE APPLICANT'S COMPLIANCE WITH ALL
APPLICABLE REQUIREMENTS. No refund
shall be made or credit given for the unexpired portion of the driver's
license that is renewed. The registrar
of motor vehicles shall notify each person whose driver's license
has expired within forty-five days after the date of expiration. Notification
shall be made by regular mail sent to the person's
last known address as shown in the records of the bureau of motor
vehicles. Failure to provide such notification shall not be
construed as a renewal or extension of any license. The
registrar may issue rules permitting the use and display of
drivers' licenses at any time not to exceed sixty NINETY days
prior to the next succeeding birthday of the applicant. For the purposes
of this section, the date of birth
of any applicant born on the twenty-ninth day of February shall be deemed to
be the first day of March in any year in which there is no twenty-ninth
day of February.
The registrar may require an application for license
renewal submitted by a resident who will be temporarily
out-of-state to be accompanied by an affidavit, in a form
prescribed by the registrar, certifying that the resident will
be temporarily out-of-state at the time the resident's license will
expire.
(B) Every driver's license or renewal of a driver's
license issued to an applicant who is sixteen years of age or
older, but less than twenty-one years of age, expires on the
twenty-first birthday of the applicant, EXCEPT THAT AN APPLICANT WHO
APPLIES NO MORE THAN THIRTY DAYS BEFORE THE APPLICANT'S TWENTY-FIRST BIRTHDAY
SHALL BE ISSUED A LICENSE IN ACCORDANCE WITH DIVISION (A) OF THIS
SECTION.
(C) Each person licensed as a driver under this chapter
shall notify the registrar of any change in the person's address
within ten days following that change. The notification shall be
in writing on a form provided by the registrar and shall include
the full name, date of birth, license number, county of
residence, social security number, and new address of the person.
Sec. 4507.10. (A) The registrar of motor vehicles shall
examine every applicant for a driver's license, or motorcycle
operator's endorsement before issuing any such 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, HAD A VALID Ohio licensee DRIVER'S OR
COMMERCIAL DRIVER'S LICENSE at the time
he THE APPLICANT commenced such active duty or service,
AND THE APPLICANT'S LICENSE IS NOT UNDER SUSPENSION OR REVOCATION BY THIS
STATE OR ANY OTHER JURISDICTION.
(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 HAD A VALID Ohio
licensee DRIVER'S OR COMMERCIAL DRIVER'S LICENSE at the time
he THE APPLICANT commenced such active duty, IS NOT UNDER A
LICENSE SUSPENSION OR REVOCATION BY THIS STATE OR ANY OTHER
JURISDICTION, 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 HAD A VALID Ohio licensee DRIVER'S OR
COMMERCIAL DRIVER'S LICENSE at the time he THE APPLICANT
commenced such
service;, IS NOT UNDER A LICENSE SUSPENSION OR REVOCATION BY
THIS STATE OR ANY OTHER JURISDICTION, and makes the application no
more than six months after leaving the
peace corps, volunteers, or foreign service.
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) 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, EXCEPT THAT A
DRIVER'S LICENSE ISSUED TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS
BEFORE THE APPLICANT'S TWENTY-FIRST BIRTHDAY SHALL HAVE THE CHARACTERISTICS OF
A LICENSE ISSUED TO A PERSON WHO IS TWENTY-ONE YEAR OF AGE OR OLDER.
THE DRIVER'S LICENSE ISSUED TO A TEMPORARY RESIDENT SHALL CONTAIN THE WORD
"NONRENEWABLE" AND SHALL HAVE ANY ADDITIONAL CHARACTERISTICS PRESCRIBED BY THE
REGISTRAR DISTINGUISHING IT FROM A LICENSE ISSUED TO A RESIDENT.
Every driver's or commercial driver's license bearing 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 EXCEPT IN REGARD TO A DRIVER'S LICENSE ISSUED TO A
PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE APPLICANT'S
TWENTY-FIRST BIRTHDAY, NEITHER the registrar nor any deputy registrar
shall
issue a driver's license to anyone under twenty-one years of age that does not
have the characteristics prescribed by the registrar distinguishing it from
the driver's license issued to persons who are twenty-one years of age or
older.
Sec. 4507.14. The registrar of motor vehicles upon issuing
a driver's license, a motorcycle operator's endorsement, a
driver's license renewal, or the renewal of any other license
issued under this chapter, may, whenever good cause appears, MAY
impose restrictions suitable to the licensee's driving ability
with respect to the type of or special mechanical control devices
required on a motor vehicle which the licensee may operate, or
such other restrictions applicable to the licensee as the
registrar determines to be necessary.
When issuing licenses A LICENSE to a deaf person or to
persons with impaired hearing, the registrar shall require that A
motor vehicles VEHICLE operated by such persons THE
PERSON be equipped with two OUTSIDE rear vision mirrors, one
outside ON THE LEFT SIDE and one inside such motor
vehicles THE OTHER ON THE RIGHT SIDE.
The registrar may either MAY issue a special restricted license
or may set forth such restrictions upon the usual license form.
The registrar, upon receiving satisfactory evidence of any
violation of the restrictions of such license,
AFTER AN OPPORTUNITY FOR A HEARING IN ACCORDANCE WITH CHAPTER 119.
of the Revised Code, may suspend or revoke the same THE LICENSE FOR A
PERIOD OF SIX MONTHS.
Sec. 4507.16. (A)(1) The trial judge of any court of record,
in addition to or independent of all other penalties provided by
law or by ordinance, shall suspend for not less than thirty days
or more than three years or shall revoke the driver's
or commercial
driver's license or permit or nonresident operating privilege of
any person who is convicted of or pleads guilty to any of the
following:
(a) Perjury or the making of a false affidavit under this
chapter, or any other law of this state requiring the
registration of motor vehicles or regulating their operation on
the highway;
(b) Any crime punishable as a felony under the motor
vehicle laws of this state or any other felony in the commission
of which a motor vehicle is used;
(c) Failing to stop and disclose identity at the scene of
the accident when required by law or ordinance to do so;
(d) Street racing as defined in section
4511.251 of the Revised Code or any substantially similar
municipal ordinance;
(e) Willfully eluding or fleeing a police officer;
(f) Trafficking in cigarettes with the intent to avoid
payment of the cigarette tax under division (A) of section
5743.112 of the Revised Code;
(g) A violation of section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance substantially similar
to section 2903.07 of the Revised Code, unless the jury or judge
as trier of fact in the case finds that the offender was under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse at the time of the commission of the offense.
If a person is convicted of or pleads guilty to a violation of section
2907.24 of the Revised Code, an attempt to commit a violation of that
section, or a violation of or an attempt to commit a violation of a municipal
ordinance that is substantially equivalent to that section and if the person,
in committing or attempting to commit the violation, was in, was on, or used a
motor vehicle, the trial judge of a court of record, in addition to or
independent of all other penalties provided by law or ordinance, shall suspend
for thirty days the person's driver's or commercial driver's license or
permit.
The trial judge of any court of record, in addition to
suspensions or revocations of licenses, permits, or privileges
pursuant to this division and in addition to or independent of
all other penalties provided by law or by ordinance, shall impose
a suspended jail sentence not to exceed six months, if
imprisonment was not imposed for the offense for which the person
was convicted.
(2) If the trial judge of any court of record
suspends or revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of or pleads
guilty to any offense for which such suspension or revocation is provided by
law or ordinance, in addition to all other penalties provided by law or
ordinance, the judge may issue an order prohibiting the offender from
registering, renewing, or transferring the registration of any vehicle during
the period that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to the registrar
of motor vehicles.
Upon receipt of such an order, neither the registrar nor any deputy
registrar shall accept any application for the registration, registration
renewal, or transfer of registration of any motor vehicle owned or leased by
the person named in the order during the period that the person's license,
permit, or privilege is suspended or revoked, unless the registrar is properly
notified by the court that the order of suspension or revocation has been
canceled. When the period of suspension or revocation expires or the order is
canceled, the registrar or deputy registrar shall accept the application for
registration, registration renewal, or transfer of registration of the person
named in the order.
(B) Except as otherwise provided in this section, the
trial judge of any court of record and the mayor of a mayor's
court, in addition to or independent of all other penalties
provided by law or by ordinance, shall revoke the driver's or
commercial driver's license or permit or nonresident operating
privilege of any person who is convicted of or pleads guilty to a
violation of division (A) of section 4511.19 of the Revised Code,
of a municipal ordinance relating to operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse, or of a municipal ordinance that is substantially
equivalent to division (A) of section 4511.19 of the Revised Code
relating to operating a vehicle with a prohibited concentration
of alcohol in the blood, breath, or urine or suspend the license,
permit, or privilege as follows:
(1) Except when division (B)(2), (3), or (4) of this
section applies and the judge or mayor is required to suspend or revoke the
offender's license or permit pursuant to that division, the judge or mayor
shall suspend the offender's
driver's or commercial driver's license or permit or nonresident
operating privilege for not less than six months nor more than
three years.
(2) Subject to division (B)(4) of this section, if, within six years of the
offense, the offender has
been convicted of or pleaded guilty to one violation 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 motor
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 offender was subject to the sanctions described in
division (D) of that section, section 2903.06, 2903.07, or
2903.08 of the Revised Code or a municipal ordinance that is
substantially similar to section 2903.07 of the Revised Code in a
case in which the jury or judge found that the offender was under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, or a statute of THE UNITED STATES OR OF any
other state or a municipal ordinance of a municipal
corporation located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
the judge shall suspend the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege for not less than one year nor more than five years.
(3) Subject to division (B)(4) of this section, if, within six years of the
offense, the offender has been convicted of or pleaded guilty to two
violations described in division (B)(2) of this section, or a statute of
THE UNITED STATES OR OF any other state or a
municipal ordinance of a municipal
corporation located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
the judge shall suspend the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege for not less than one year nor more than ten years.
(4) If, within six years of the offense, the offender has
been convicted of or pleaded guilty to three or more violations
described in division (B)(2) of this section, or a
statute of THE UNITED STATES OR OF any other state or
a municipal ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code,
or if the offender previously has been convicted of or pleaded guilty to a
violation of division (A) of section 4511.19 of the Revised Code under
circumstances in which the violation was a felony and regardless of when the
violation and the conviction or guilty plea occurred, the judge shall suspend
the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege for a period of time set by the court but not less than
three years, and the judge may permanently revoke the offender's
driver's or commercial driver's license or permit or nonresident
operating privilege.
(5) The filing of an appeal by a person whose driver's or
commercial driver's license is suspended or revoked under
division (B)(1), (2), (3), or (4) of this section regarding any
aspect of the person's trial or sentence does not stay the
operation of
the suspension or revocation.
(C) The trial judge of any court of record or the mayor of
a mayor's court, in addition to or independent of all other
penalties provided by law or by ordinance, may suspend the
driver's or commercial driver's license or permit or nonresident
operating privilege of any person who violates a requirement or
prohibition of the court imposed under division (F) of this
section or division (G)(1) of section 2951.02 of the
Revised Code as follows:
(1) For not more than one year, upon conviction for a
first violation of the requirement or prohibition;
(2) For not more than five years, upon conviction for a
second or subsequent violation of the requirement or prohibition
during the same period of required use of an ignition interlock
device that is certified pursuant to section 4511.83 of the
Revised Code.
(D)(1) The trial judge of any court of record, in addition
to or independent of all other penalties provided by law or by
ordinance, shall permanently revoke the driver's or commercial
driver's license or permit or nonresident operating privilege of
any person who is convicted of or pleads guilty to a violation of
section 2903.04 of the Revised Code in a case in which the
offender is subject to the sanctions described in division (D) of
that section, or of any person who is convicted of or pleads
guilty to a violation of section 2903.06, 2903.07, or 2903.08 of
the Revised Code or of a municipal ordinance that is
substantially similar to section 2903.07 of the Revised Code if
the jury or judge as trier of fact in the case in which the
person is convicted finds that the offender was under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, at the time of the commission of the offense.
(2) In addition to any prison term authorized or required by the section
that
establishes the offense and sections 2929.13 and 2929.14 of the
Revised Code, and in addition to any other sanction imposed
for the offense under the section that establishes the offense or sections
2929.11 to 2929.182 of the Revised Code, the court that
sentences an offender who is convicted of or pleads guilty to a violation of
section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of
the
Revised Code either shall revoke or,
if it
does not revoke,
shall suspend for not less than six months or more than five
years, as specified in the section that establishes the
offense, the person's driver's or
commercial driver's license or permit. If the
person's driver's or commercial driver's license or permit is under
suspension on the date the court imposes sentence upon the
person, any revocation imposed upon the person that is
referred to in
division (D)(2) of this section shall take effect immediately.
If the person's driver's or commercial driver's license or permit is
under suspension on the date the court imposes sentence upon the
person, any period of suspension imposed upon the person that
is referred to in division (D)(2) of this section 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
is a resident of this state but does not have a current, valid
Ohio driver's or commercial driver's license or permit, the court shall
order the registrar of motor vehicles to deny to the person the
issuance of a driver's or commercial driver's license or permit
for six months beginning on the date the court imposes a sentence
upon the person. If the person has not attained the age of
sixteen years on the date the court
sentences the person for the violation, the period of denial shall
commence on the date
the person attains the age of sixteen years.
(E) Except as otherwise provided in this section, the
trial judge of any court of record and the mayor of a mayor's
court, in addition to or independent of all other penalties
provided by law or ordinance, shall suspend for not less than
sixty days nor more than two years the driver's or commercial
driver's license or permit or nonresident operating privilege of
any person who is convicted of or pleads guilty to a violation of
division (B) of section 4511.19 of the Revised Code or of a
municipal ordinance substantially equivalent to that division
relating to operating a vehicle with a prohibited concentration
of alcohol in the blood, breath, or urine.
(F) If a person's driver's or commercial driver's license
or permit or nonresident operating privilege has been suspended
pursuant to division (B) or (C) of this section or pursuant to
division (F) of section 4511.191 of the Revised Code, and the
person, within the preceding seven years, has been convicted of
or pleaded guilty to 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, 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, or a statute
of THE UNITED STATES OR OF any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code,
the person is not entitled to request, and the judge or mayor shall
not grant to the person, occupational driving privileges under
this division. Any other person whose driver's or commercial
driver's license or nonresident operating privilege has been
suspended under any of those divisions may file a petition that
alleges that the suspension would seriously affect the person's
ability to continue the person's employment. The petition
of a person
whose license, permit, or privilege was suspended pursuant to
division (F) of section 4511.191 of the Revised Code shall be
filed in the court specified in division (I)(4) of that section,
and the petition of a person whose license, permit, or privilege
was suspended under division (B) or (C) of this section shall be
filed in the municipal, county, mayor's, or in the case of a
minor, juvenile court that has jurisdiction over the place of
arrest. Upon satisfactory proof that there is reasonable cause
to believe that the suspension would seriously affect the
person's ability to continue the person's employment, the
judge of the
court or mayor of the mayor's court may grant the person
occupational driving privileges during the period during which
the suspension otherwise would be imposed, except that the judge
or mayor shall not grant occupational driving privileges to any
person who, within seven years of the filing of the petition, has
been convicted of or pleaded guilty to 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, 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,
or a statute of THE UNITED STATES OR OF any other
state or a municipal ordinance of a municipal corporation located in any other
state that is substantially similar to division (A) or (B) of section 4511.19
of the Revised Code,
shall not grant occupational driving privileges for employment as
a driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under
section 2301.374 or 4506.16 of the Revised Code, and shall not grant
occupational driving privileges during any of the following
periods of time:
(1) The first fifteen days of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant to division (B)(1) of this section or division (F)(1) of
section 4511.191 of the Revised Code. On or after the sixteenth
day of suspension, the court may grant the offender occupational
driving privileges, but the court may provide that the offender
shall not exercise the occupational driving privileges
unless the vehicles the offender operates are equipped with
ignition interlock
devices.
(2) The first thirty days of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant to division (B)(2) of this section or division (F)(2) of
section 4511.191 of the Revised Code. On or after the
thirty-first day of suspension, the court may grant the offender
occupational driving privileges, but the court may provide that
the offender shall not exercise the occupational driving
privileges unless the vehicles the offender operates are
equipped with ignition interlock devices.
(3) The first one hundred eighty days of suspension
imposed upon an offender whose license, permit, or privilege is
suspended pursuant to division (B)(3) of this section or division
(F)(3) of section 4511.191 of the Revised Code. The judge may
grant occupational driving privileges to an offender who receives
a suspension under either of those divisions on or
after the one hundred
eighty-first day of the suspension only if division (F) of this
section does not prohibit the judge from granting the privileges
and only if the judge, at the time of granting the
privileges, also
issues an order prohibiting the offender, while exercising
the occupational driving privileges during the period commencing with
the one hundred eighty-first day of suspension and ending with
the first year of suspension, from operating any motor vehicle
unless it is equipped with a certified ignition interlock device.
After the first year of the suspension, the court may authorize
the offender to continue exercising the occupational driving
privileges in vehicles that are not equipped with ignition
interlock devices. If the offender does not petition for
occupational driving privileges until after the first year of
suspension and if division (F) of this section does not prohibit
the judge from granting the privileges, the judge may grant the
offender occupational driving privileges without requiring the
use of a certified ignition interlock device.
(4) The first three years of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant to division (B)(4) of this section or division (F)(4) of
section 4511.191 of the Revised Code. The judge may grant
occupational driving privileges to an offender who receives a
suspension under either of those divisions after
the first three years of
suspension only if division (F) of this section does not prohibit
the judge from granting the privileges and only if the judge, at
the time of granting the privileges, also issues an order
prohibiting the offender from operating any motor vehicle, for
the period of suspension following the first three years of
suspension, unless the motor vehicle is equipped with a certified
ignition interlock device.
(G) If a person's driver's or commercial driver's license
or permit or nonresident operating privilege has been suspended
under division (E) of this section, and the person, within the
preceding seven years, has been convicted of or pleaded guilty to
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, 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, or a statute of THE UNITED
STATES OR OF any other state or a municipal ordinance of a
municipal
corporation located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
the person is not entitled to
request, and the judge or mayor shall not grant to the person,
occupational driving privileges under this division. Any other
person whose driver's or commercial driver's license or
nonresident operating privilege has been suspended under division (E) of this
section may file a petition that alleges
that the suspension would seriously affect the person's ability
to continue the person's employment. The petition shall
be filed in
the municipal, county, or mayor's court that has jurisdiction
over the place of arrest. Upon satisfactory proof that there is
reasonable cause to believe that the suspension would seriously
affect the person's ability to continue the person's
employment, the judge
of the court or mayor of the mayor's court may grant the person
occupational driving privileges during the period during which
the suspension otherwise would be imposed, except that the judge
or mayor shall not grant occupational driving privileges to any
person who, within seven years of the filing of the petition, has
been convicted of or pleaded guilty to 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, 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,
or a statute of THE UNITED STATES OR OF any other
state or a municipal ordinance of a municipal
corporation located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
shall not grant occupational driving privileges for employment
as a driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under
section 4506.16 of the Revised Code, and shall not grant
occupational driving privileges during the first sixty days of
suspension imposed upon an offender whose driver's or commercial driver's
license or permit or nonresident operating privilege is suspended
pursuant to division (E) of this section.
(H)(1) After a driver's or commercial driver's license or
permit has been suspended or
revoked pursuant to this section, the judge of the court or mayor
of the mayor's court that suspended or revoked the license or
permit shall cause the offender to deliver the license
or permit to the court. The judge, mayor, or
clerk of the court or mayor's court, if the license or permit has been
suspended or revoked in connection with any of the offenses
listed in this section, forthwith shall forward it
to the registrar with notice of the
action of the court.
(2) 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.
(I) No judge shall suspend the first thirty days of
suspension of a driver's or commercial driver's license
or permit or a nonresident operating privilege required
under division (A) of this section, no judge or mayor shall
suspend the first six months of suspension required under
division (B)(1) of this section, no judge shall suspend the first
year of suspension required under division (B)(2) of this
section, no judge shall suspend the first year of suspension
required under division (B)(3) of this section, no judge shall
suspend the first three years of suspension required under
division (B)(4) of this section, no judge or mayor shall suspend
the revocation required by division (D) of this section,
and no judge or mayor shall suspend the first sixty days of
suspension required under division (E) of this section, except
that the court shall credit any period of suspension imposed
pursuant to section 4511.191 or 4511.196 of the Revised Code
against any time of suspension imposed pursuant to division (B)
or (E) of this section as described in division (J) of this section.
(J) The judge of the court or mayor of the mayor's court
shall credit any time during which an offender was subject to an
administrative suspension of the offender's driver's or
commercial driver's
license or permit or nonresident operating privilege imposed
pursuant to division (E) or (F) of section 4511.191 or a
suspension imposed by a judge, referee, or mayor pursuant to
division (B)(1) or (2) of section 4511.196 of the Revised Code
against the time to be served under a related suspension imposed
pursuant to this section.
(K) The judge or mayor shall notify the bureau of any
determinations made, and of any suspensions or revocations
imposed, pursuant to division (B) of this section.
(L)(1) If a court issues an ignition interlock order under
division (F) of this section, the order shall authorize the
offender during the specified period to operate a motor vehicle
only if it is equipped with a certified ignition interlock
device. The court shall provide the offender with a copy of an
ignition interlock order issued under division (F) of this
section, and the copy of the order shall be used by the offender
in lieu of an Ohio driver's or commercial driver's license or
permit until the registrar or a deputy registrar issues the
offender a restricted license.
An order issued under division (F) of this section does not
authorize or permit the offender to whom it has been issued to
operate a vehicle during any time that the offender's driver's or
commercial driver's license or permit is suspended or revoked
under any other provision of law.
(2) The offender may present the ignition interlock order
to the registrar or to a deputy registrar. Upon presentation of
the order to the registrar or a deputy registrar, the registrar
or deputy registrar shall issue the offender a restricted
license. A restricted license issued under this division shall
be identical to an Ohio driver's license, except that it shall
have printed on its face a statement that the offender is
prohibited during the period specified in the court order from
operating any motor vehicle that is not equipped with a certified
ignition interlock device, and except that the date of
commencement and the date of termination of the period shall be
indicated conspicuously upon the face of the license.
(3) As used in this section:
(a) "Ignition interlock device" has the same meaning as in
section 4511.83 of the Revised Code.
(b) "Certified ignition interlock device" means an
ignition interlock device that is certified pursuant to section
4511.83 of the Revised Code.
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 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 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 is suspended under division (A) of
this section shall mail or deliver his THE PERSON'S probationary
driver's
license or restricted license to the registrar within fourteen
days of notification of the suspension. The registrar shall
retain the license 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 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 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, 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, 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 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
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 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 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 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 during the period the
license 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
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 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 together with written notification
of the court's action to the registrar. Upon receipt of the
license and notification, the registrar shall suspend the
person's probationary driver's license or restricted license for
a period of one year. The registrar shall retain the license
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 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. 4507.163. (A) Any person of insufficient age to
purchase intoxicating liquor or beer who, contrary to division
(A) or (C) of section 4507.30 of the Revised Code, displays as
proof that he THE PERSON is of sufficient age to purchase
intoxicating
liquor or beer, a driver's or commercial driver's license,
knowing the same to be fictitious, altered, or not his THE
PERSON'S own, shall
thereby forfeit the driving privileges authorized by his THE
PERSON'S own
driver's license, probationary driver's license, commercial
driver's license, probationary commercial driver's license,
temporary instruction permit, or commercial driver's license
temporary instruction permit and be denied the issuance or
reissuance of any such license or permit by the registrar of
motor vehicles for one year beginning with the date on which
notification of such forfeiture and denial is mailed to him THE
PERSON by the registrar.
(B) In any prosecution, or in any proceeding before the
liquor control commission, in which the defense authorized by
section 4301.639 of the Revised Code is sustained, the clerk of
the court in which said THE prosecution was had, or the clerk of
the liquor control commission, shall certify to the registrar of
motor vehicles the facts ascertainable from his THE CLERK'S
records evidencing violation of division (A) or (C) of section 4507.30 of
the Revised Code by a person of insufficient age to purchase
intoxicating liquor or beer, including in such THE certification
the PERSON'S name and residence address of such person.
(C) The registrar of motor vehicles, upon receipt of said
THE certification, shall suspend such THE person's
license or permit to
drive subject to review as provided in this section, and shall
mail to such THE person, at his THE PERSON'S last
known address, a
notice of the suspension and of the hearing provided in division (D) of this
section.
(D) Any person whose license or permit to drive has been
suspended under this section may, within twenty days of the
mailing of the notice provided above, MAY file a petition in the
municipal court or county court, or in case such THE person is
under the age of eighteen years, in the juvenile court, in whose
jurisdiction such THE person resides, agreeing to pay the cost
of the proceedings, and alleging error by the registrar of motor
vehicles in the suspension of the license or permit to drive, or
in one or more of the matters within the scope of the hearing as
provided in this section, or both. Such THE petitioner shall
notify the registrar of the filing of the petition and send him THE
REGISTRAR a copy thereof. The scope of such THE
hearing shall be limited to whether a
court of record did in fact find that the petitioner displayed,
or, if the original proceedings were before the liquor control
commission, whether the petitioner did in fact display, as proof
that he THE PERSON was of sufficient age to purchase
intoxicating liquor or
beer, a driver's or commercial driver's license knowing the same
to be fictitious, altered, or not his THE PERSON'S own, and
whether he THE PERSON was at
that time of insufficient age legally to make a purchase of
intoxicating liquor or beer.
(E) In any hearing authorized by this section, the
registrar of motor vehicles shall be represented by the
prosecuting attorney of the county where the petitioner resides.
(F) If the court finds from the evidence submitted that
such THE person has failed to show error in the action by the
registrar of motor vehicles or in one or more of the matters
within the scope of the hearing as limited in division (D) of
this section, or both, the court shall assess the cost of the
proceeding against such THE person and shall impose the
suspension provided in divisions (A) and (C) of this section. If the court
finds that such THE person has shown error in the action taken
by the registrar, or in one or more of the matters within the scope of
the hearing as limited in division (B) of this section, or both,
the cost of the proceeding shall be paid out of the county
treasury of the county in which the proceedings were held, and
the suspension provided in divisions (A) and (C) of this section
shall not be imposed. The court shall inform the registrar of
motor vehicles in writing of the action taken.
Sec. 4507.169. (A) The registrar of motor vehicles shall
suspend for six months THE PERIOD OF TIME SPECIFIED IN THIS
DIVISION the driver's or commercial driver's
license or permit of, or deny for six months SUCH PERIOD OF TIME
the issuance of a driver's
or commercial driver's license or permit to, any person who is a
resident of this state and is convicted of or
pleads guilty to a violation of a statute of any other state or any federal
statute that is
substantially similar to section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32,
2925.36, or 2925.37 of the Revised Code. Upon receipt of a
report from a court, court clerk, or other official of any other
state or from any federal authority that a resident of this state
was convicted of or pleaded guilty to an
offense described in this division, the
registrar shall send a notice by regular first class mail to the person, at
the person's last known
address as shown in the records of the bureau of motor vehicles,
informing the person of the suspension or denial, that the
suspension or denial will take
effect twenty-one days from the date of the notice, and that, if
the person wishes to
appeal the suspension or denial, the person must file a
notice of appeal within
twenty-one days of the date of the notice requesting a hearing on
the matter. If the person requests a hearing, the registrar
shall hold the hearing not more than
forty days after receipt by the registrar of the notice of appeal. The
filing of a notice of
appeal does not stay the operation of the suspension or denial
that must be imposed pursuant to this division. The scope of the
hearing shall be limited to whether the person actually was convicted of
or pleaded
guilty to the offense for which the
suspension or denial is to be imposed.
If the person is a resident of this state who does not have
a current, valid Ohio driver's or commercial driver's license,
the notice shall inform the person that the person will be
denied issuance of a driver's or commercial driver's license or permit
for six months beginning on the date of the notice
THE PERIOD OF SUSPENSION OR DENIAL THE REGISTRAR IS REQUIRED TO IMPOSE
UNDER THIS DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF
SUSPENSION OF THE PERSON'S NONRESIDENT OPERATING PRIVILEGE IMPOSED BY THE
STATE OR FEDERAL COURT LOCATED IN THE OTHER STATE, OR THE DATE SIX MONTHS AND
TWENTY-ONE DAYS FROM THE DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE
PERSON UNDER THIS DIVISION, WHICHEVER IS EARLIER.
The registrar shall subscribe to or otherwise participate
in any information system or register, or enter into reciprocal
and mutual agreements with other states and federal authorities,
in order to facilitate the exchange of information with other
states and the United States government regarding persons who
plead guilty to or are convicted of offenses described in this
division and therefore are subject to the suspension or denial
described in this division.
(B) The registrar shall suspend for six months THE PERIOD OF TIME
SPECIFIED IN THIS DIVISION the driver's or commercial driver's license or
permit of, or deny for six months SUCH PERIOD OF TIME the
issuance of a driver's or commercial driver's license or
permit to, any person who is a resident of this state and is convicted of
or pleads guilty to a violation of a statute
of any other state
or a municipal ordinance of a municipal corporation located in
any other state that is substantially similar to section 4511.19
of the Revised Code. Upon receipt of a report from another state
made pursuant to section 4511.95 4507.60 of the Revised Code
indicating that a resident of this state was convicted
of or pleaded guilty to an offense described in this division, the
registrar shall
send a notice by regular first class mail to the person, at the
person's last known address as shown in the records of the bureau of motor
vehicles, informing the person of the suspension or denial, that the
suspension or denial will take effect
twenty-one days from the date of the notice, and that, if
the person wishes to appeal the suspension or denial, the person must file a
notice of appeal within twenty-one days of the date of the notice
requesting a hearing on the matter. If the person requests a
hearing, the registrar shall hold the hearing not more than
forty days after receipt by the registrar of the notice
of appeal. The filing of a notice of appeal does not stay the
operation of the suspension or denial that must be imposed
pursuant to this division. The scope of the hearing shall be
limited to whether the person actually was convicted of or pleaded
guilty to the offense for which the suspension or denial is
to be imposed.
If the person is a resident of this state but does not have
a current, valid Ohio driver's or commercial driver's license,
the notice shall inform the person that the person will be
denied issuance of a driver's or commercial driver's license or permit
for six months beginning on the date of the notice
THE PERIOD OF SUSPENSION OR DENIAL THE REGISTRAR IS REQUIRED TO IMPOSE
UNDER THIS DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF
SUSPENSION OF THE PERSON'S NONRESIDENT OPERATING PRIVILEGE IMPOSED BY THE
STATE OR FEDERAL COURT LOCATED IN THE OTHER STATE, OR THE DATE SIX MONTHS AND
TWENTY-ONE DAYS FROM THE DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE
PERSON UNDER THIS DIVISION, WHICHEVER IS EARLIER.
(C) The registrar shall suspend for six months THE PERIOD OF TIME
SPECIFIED IN THIS DIVISION the driver's or commercial driver's license or
permit of, or deny for six months SUCH PERIOD OF TIME the
issuance of a driver's or commercial driver's license
or permit to, any child who is a resident of this state and
is convicted of or pleads guilty to a
violation of a statute of
any other state or any federal statute that is substantially
similar to section 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, 2925.11, 2925.12, 2925.13,
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37
of the Revised Code. Upon receipt of a report from a court,
court clerk, or other official of any other state or from any
federal authority that a child who is a resident of this state
was convicted of or pleaded guilty to an offense described in
this division, the registrar shall send a notice by regular first
class mail to the child, at the child's last known address
as shown in the records of the bureau of motor vehicles, informing the child
of the suspension or denial, that the suspension or denial will take effect
twenty-one days from the date of the notice, and that, if the child wishes to
appeal the suspension or denial, the child must file a notice of appeal within
twenty-one days of the date of the notice requesting a hearing on
the matter. If the child requests a hearing, the registrar shall
hold the hearing not more than forty
days after receipt by the
registrar of the notice of appeal. The filing of a notice of
appeal does not stay the operation of the suspension or denial
that must be imposed pursuant to this division. The scope of the
hearing shall be limited to whether the child actually was convicted of
or pleaded guilty to the offense for which
the suspension or denial is to be imposed.
THE PERIOD OF SUSPENSION THE REGISTRAR IS REQUIRED TO IMPOSE UNDER THIS
DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF SUSPENSION OF THE
CHILD'S NONRESIDENT OPERATING PRIVILEGE IMPOSED BY THE STATE OR FEDERAL COURT
LOCATED IN THE OTHER STATE, OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM
THE DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE CHILD UNDER THIS DIVISION,
WHICHEVER IS EARLIER. If the child is a resident of this state who
is sixteen
years of age or older and does not have a current, valid Ohio
driver's or commercial driver's license or permit, the notice shall
inform the child that the child will be denied issuance of a driver's or
commercial driver's license or permit for six months beginning on
the date of the notice. If the child has not attained the age of
sixteen years on the date of the notice, the notice shall inform
the child that the period of denial OF SIX MONTHS shall commence on the
date the child attains the age of sixteen years.
The registrar shall subscribe to or otherwise participate
in any information system or register, or enter into reciprocal
and mutual agreements with other states and federal authorities,
in order to facilitate the exchange of information with other
states and the United States government regarding children who
are residents of this state and plead guilty to or are convicted
of offenses described in this division and therefore are subject
to the suspension or denial described in this division.
(D) The registrar shall suspend for six months THE PERIOD OF TIME
SPECIFIED IN THIS DIVISION the driver's or commercial driver's license or
permit of, or deny for six months SUCH PERIOD OF TIME the
issuance of a driver's or commercial driver's license
or permit to, any child who is a resident of this state and
is convicted of or pleads guilty to a
violation of a statute of
any other state or a municipal ordinance of a municipal
corporation located in any other state that is substantially
similar to section 4511.19 of the Revised Code. Upon receipt of
a report from another state made pursuant to section 4511.95
4507.60 of the Revised Code indicating that a child who is a resident
of this state was convicted of or pleaded guilty to an offense
described in this division, the registrar shall send a notice by
regular first class mail to the child, at the child's last known address
as shown in the records of the bureau of motor vehicles,
informing the child of the suspension or denial, that the
suspension or denial will take
effect twenty-one
days from the date of the notice, and that, if the
child wishes to appeal
the suspension or denial, the child must file a notice
of appeal within
twenty-one days of the date of the notice requesting a hearing on
the matter. If the child requests a hearing, the registrar shall
hold the hearing not more than forty
days after receipt by the
registrar of the notice of appeal. The filing of a notice of
appeal does not stay the operation of the suspension or denial
that must be imposed pursuant to this division. The scope of the
hearing shall be limited to whether the child actually was convicted of
or pleaded
guilty to the offense for which the
suspension or denial is to be imposed.
THE PERIOD OF SUSPENSION THE REGISTRAR IS REQUIRED TO IMPOSE UNDER THIS
DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF SUSPENSION OF THE
CHILD'S NONRESIDENT OPERATING PRIVILEGE IMPOSED BY THE STATE OR FEDERAL COURT
LOCATED IN THE OTHER STATE, OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM
THE DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE CHILD UNDER THIS DIVISION,
WHICHEVER IS EARLIER. If the child is a resident of this state who
is sixteen
years of age or older and does not have a current, valid Ohio
driver's or commercial driver's license or permit, the notice shall
inform the child that the child will be denied issuance of a driver's or
commercial driver's license or permit for six months beginning on
the date of the notice. If the child has not attained the age of
sixteen years on the date of the notice, the notice shall inform
the child that the period of denial OF SIX MONTHS shall commence on the
date the child attains the age of sixteen years.
(E) Any person whose license or permit has been suspended pursuant to
division (B) or (D) of this section may file a
petition in the municipal or county court, or in case the person is under
eighteen years of age, the juvenile court, in whose jurisdiction the person
resides, agreeing to
pay the cost of the proceedings and alleging that the suspension
would seriously affect the person's ability to continue the person's
employment. Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability to continue
the person's employment, the judge may grant the person occupational driving
privileges during the period during which the suspension otherwise would be
imposed, except that the judge shall not grant occupational driving
privileges for
employment as a driver of a commercial motor vehicle to any
person who would be
disqualified from operating a commercial motor vehicle under
section 4506.16
of the Revised Code if the violation had occurred in this state, or during any
of the following periods of time:
(1) If the person has not been convicted within five years of
the date of the offense giving rise to the suspension under this
section of a violation of section 4511.19 of the Revised Code, of a municipal
ordinance relating to operating a vehicle under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a
municipal ordinance relating to operating a motor vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, of 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 of 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 first fifteen days of the
suspension.
(2) If the person has been convicted only one time within
five years of the date of the offense giving rise to the
suspension under this section of a violation of section 4511.19
of the Revised Code, of a municipal ordinance relating to operating a vehicle
under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a
municipal ordinance relating to operating a motor vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, of 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 of 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 first thirty days of the
suspension.
(3) If the person has been convicted two times within five
years of the date of the offense giving rise to the suspension
under this section of a violation of section 4511.19 of the Revised Code, of a
municipal ordinance relating to operating a vehicle under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, of a municipal ordinance relating to operating a motor
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine, of 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 of 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 first one hundred eighty days of the suspension.
(4) If the person has been convicted three or more times
within five years of the date of the offense giving rise to the
suspension under this section of a violation of section 4511.19
of the Revised Code, of a municipal ordinance relating to operating a vehicle
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse, of a municipal ordinance relating to operating a
motor vehicle with a prohibited concentration of alcohol in the
blood, breath, or urine, of 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 of 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, no
occupational driving privileges may be granted.
If a person petitions for occupational driving privileges
under division (E) of this section, the registrar shall
be represented by the county prosecutor of the county in which
the person resides if the petition is filed in a juvenile court
or county court, except that if the person resides within a city
or village that is located within the jurisdiction of the county
in which the petition is filed, the city director of law or
village solicitor of that city or village shall represent the
registrar. If the petition is filed in a municipal court, the
registrar shall be represented as provided in section 1901.34
of the Revised Code.
In granting occupational driving privileges under division
(E) of this section, the court may impose any condition
it considers reasonable and necessary to limit the use of a
vehicle by the person. The court shall deliver to the person a
permit card, in a form to be prescribed by the court, setting
forth the time, place, and other conditions limiting the person's
use of a motor vehicle. The grant of occupational driving
privileges shall be conditioned upon the person's having the
permit in his THE PERSON'S possession at all times during which
the person is
operating a vehicle.
A person granted occupational driving privileges who operates
a vehicle for other than occupational purposes, in violation of
any condition imposed by the court or without having the permit
in the person's possession, is guilty of a violation of division
(D)(1) of section 4507.02 of the Revised Code.
(F) As used in divisions (C) and (D) of this section:
(1) "Child" means a person who is under the age of
eighteen years, except that any person who violates a statute or
ordinance described in division (C) or (D) of this section prior
to attaining eighteen years of age shall be deemed a "child"
irrespective of the person's age at the time the complaint
or other
equivalent document is filed in the other state or a hearing,
trial, or other proceeding is held in the other state on the
complaint or other equivalent document, and irrespective of the
person's
age when the period of license suspension or denial prescribed in
division (C) or (D) of this section is imposed.
(2) "Is convicted of or pleads guilty to" means, as it
relates to a child who is a resident of this state, that in a
proceeding conducted in a state or federal court located in
another state for a violation of a statute or ordinance described
in division (C) or (D) of this section, the result of the
proceeding is any of the following:
(a) Under the laws that govern the proceedings of the
court, the child is adjudicated to be or admits to being a
delinquent child or a juvenile traffic offender for
a violation described in division (C) or (D) of this
section that would be a crime if
committed by an adult;
(b) Under the laws that govern the proceedings of the
court, the child is convicted of or pleads guilty to a violation described in
division (C) or (D) of this section;
(c) Under the laws that govern the proceedings of the
court, irrespective of the terminology utilized in those laws,
the result of the court's proceedings is the
functional equivalent of division (F)(2)(a) or (b) of this
section.
Sec. 4507.50. The registrar of motor vehicles or a deputy
registrar shall, upon receipt of an application filed in
compliance with section 4507.51 of the Revised Code by any person
who is a resident OR A TEMPORARY RESIDENT of this state and, except as
otherwise provided in this section, is not licensed as an operator of a motor
vehicle in this state or another licensing jurisdiction, and upon
receipt of a fee of three dollars and fifty cents, SHALL issue an
identification card to that person.
Any person who is a resident OR TEMPORARY RESIDENT of this state whose
Ohio driver's or commercial driver's license has been suspended or
revoked, may, upon application in compliance with section 4507.51
of the Revised Code and payment of a fee of three dollars and
fifty cents, MAY be issued a temporary identification card. The
temporary identification card shall be identical to an
identification card, except that it shall be printed on its face
with a statement that the card is valid during the effective
dates of the suspension or revocation of the cardholder's
license, or until the birthday of the cardholder in the fourth
year after the date on which it is issued, whichever is shorter.
The cardholder shall surrender his THE identification card to
the registrar or any deputy registrar before his THE
CARDHOLDER'S driver's or
commercial driver's license is restored or reissued.
The deputy registrar shall be allowed a fee of two dollars
and twenty-five cents for each identification card issued under
this section. The fee allowed to the deputy registrar shall be
in addition to the fee for issuing an identification card.
Neither the registrar nor any deputy registrar shall charge
a fee in excess of one dollar and fifty cents for laminating an
identification card or temporary identification card. A deputy
registrar laminating such a card shall retain the entire amount
of the fee charged for lamination, less the actual cost to the
registrar of the laminating materials used for that lamination,
as specified in the contract executed by the bureau for the
laminating materials and laminating equipment. The deputy
registrar shall forward the amount of the cost of the laminating
materials to the registrar for deposit as provided in this
section.
The fee collected for issuing an identification card under
this section, except the fee allowed to the deputy registrar,
shall be paid into the state treasury to the credit of the state
bureau of motor vehicles fund created in section 4501.25 of the Revised
Code.
Sec. 4507.52. Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall bear a
distinguishing number assigned to the cardholder, and shall
contain the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the identity of the bearer described on the card, who currently
is not licensed to operate a motor vehicle in the state of Ohio."
The identification card shall bear substantially the same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code and shall
contain the color photograph of the cardholder. On and after May 1, 1993, if
the cardholder has executed a
durable power of attorney for health care or a declaration
governing the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment and has specified that
the cardholder wishes the identification
card to indicate that the cardholder has
executed either type of instrument, the card also shall contain
any symbol chosen by the registrar to indicate that the
cardholder has executed either type of instrument. The card
shall be sealed in transparent plastic or similar material and
shall be so designed as to prevent its reproduction or alteration
without ready detection.
The identification card for persons under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a person who is twenty-one years of age or older, EXCEPT THAT AN
IDENTIFICATION CARD ISSUED TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS
BEFORE THE APPLICANT'S TWENTY-FIRST BIRTHDAY SHALL HAVE THE CHARACTERISTICS OF
AN IDENTIFICATION CARD ISSUED TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR
OLDER.
Every identification card ISSUED TO A RESIDENT OF THIS STATE shall
expire, unless canceled or
surrendered earlier, on the birthday of the cardholder in the
fourth year after the date on which it is issued. EVERY IDENTIFICATION
CARD ISSUED TO A TEMPORARY RESIDENT SHALL EXPIRE IN ACCORDANCE WITH RULES
ADOPTED BY THE REGISTRAR AND IS NONRENEWABLE, BUT MAY BE REPLACED WITH A NEW
IDENTIFICATION CARD UPON THE APPLICANT'S COMPLIANCE WITH ALL APPLICABLE
REQUIREMENTS. A cardholder
may renew the cardholder's identification card within thirty
NINETY days prior to the day on which it expires by filing an
application and paying the prescribed fee in accordance with section 4507.50
of the Revised Code.
If a cardholder applies for a driver's or commercial
driver's license in this state or another licensing jurisdiction,
the cardholder shall surrender the
cardholder's identification card to the registrar or
any deputy registrar before the license is issued.
If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(A) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar or a deputy registrar;
(B) Filing an application and presenting documentary
evidence under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a
duplicate, finds the original, immediately shall surrender
the original to the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing suitable proof
of the change to the registrar or a deputy registrar and
surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of two dollars
and fifty cents. A deputy registrar shall be allowed an
additional fee of two dollars and twenty-five cents for
issuing a duplicate or
replacement identification card.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
The registrar shall cancel any card upon determining that
the card was obtained unlawfully, issued in error, or was
altered. The registrar also shall cancel any card that
is surrendered to
the registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial driver's
license.
No agent of the state or its political subdivisions shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated or franchised transit system from using an
identification card for the purpose of granting benefits or
services of the system.
No person shall be required to apply for, carry, or possess
an identification card.
(C) Neither EXCEPT IN REGARD TO AN IDENTIFICATION CARD ISSUED TO A
PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE APPLICANT'S
TWENTY-FIRST BIRTHDAY, NEITHER the registrar nor any deputy registrar
shall issue an identification card to a person under twenty-one years of age
that does not have the characteristics prescribed by the registrar
distinguishing it from the identification card issued to persons who are
twenty-one years of age or older.
Sec. 4509.06. (A) The driver of any motor vehicle which is in any
manner involved
in a motor vehicle accident shall within thirty days SIX
MONTHS OF THE ACCIDENT MAY forward a written report
of the accident to the registrar of motor vehicles on a form prescribed by the
registrar ALLEGING THAT A DRIVER OR OWNER OF ANY OTHER VEHICLE
INVOLVED IN THE ACCIDENT WAS UNINSURED AT THE TIME OF THE
ACCIDENT.
(B) UPON RECEIPT OF THE
ACCIDENT REPORT, THE REGISTRAR SHALL SEND A NOTICE BY REGULAR
MAIL TO THE DRIVER AND OWNER ALLEGED TO BE UNINSURED REQUIRING
THE PERSON TO GIVE EVIDENCE THAT THE PERSON HAD PROOF OF
FINANCIAL RESPONSIBILITY IN EFFECT AT THE TIME OF THE
ACCIDENT.
(C) WITHIN THIRTY DAYS
AFTER THE MAILING OF THE NOTICE BY THE REGISTRAR, THE DRIVER OF
THE VEHICLE ALLEGED TO BE UNINSURED SHALL FORWARD A REPORT
TOGETHER WITH ACCEPTABLE PROOF OF FINANCIAL RESPONSIBILITY TO
THE REGISTRAR IN A FORM PRESCRIBED BY THE REGISTRAR. The forwarding of
the report by the owner of the motor vehicle
involved in the accident is deemed compliance with this section by the driver.
This section does not change or modify the duties of the driver or operator of
a motor vehicle as set forth in section 4549.02 of the Revised Code.
(D) IN ACCORDANCE WITH SECTIONS 4509.01 TO 4509.78 OF THE
REVISED CODE, THE REGISTRAR SHALL SUSPEND THE LICENSE OF ANY
PERSON WHO FAILS TO GIVE ACCEPTABLE PROOF OF FINANCIAL RESPONSIBILITY AS
REQUIRED IN THIS SECTION.
Sec. 4509.31. (A) Whenever the registrar of motor
vehicles receives notice from a court of record or mayor's court
that a person has been convicted of, pleads guilty to, or
forfeits any bail or collateral deposited to secure an appearance
for trial for any of the crimes listed in section 4507.16 of the
Revised Code, the registrar shall suspend the driver's or
commercial driver's license or permit or nonresident operating
privilege of the person and the registration of all motor
vehicles registered in the name of the person as the owner,
except that the registrar shall not suspend the driver's or
commercial driver's license or permit or nonresident operating
privilege, and registration unless otherwise required by law in
the event the person has given or immediately gives and
thereafter maintains, for a period of three years, proof of
financial responsibility with respect to all the motor vehicles
registered by the person as the owner.
(B) Except as provided in division (L) of section 4511.191
of the Revised Code, division (A) of this section does not apply
to any person who is convicted of, or pleads guilty to, a
violation of section 4511.19 of the Revised Code, of a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, or of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine, if the offender previously has not been
convicted of a violation of section 4511.19 of the Revised Code,
of a municipal ordinance relating to operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or with a prohibited concentration of alcohol in the
blood, breath, or urine, or of a statute of THE UNITED
STATES OR OF any other state or a municipal ordinance of a
municipal corporation located in any other state that is
substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, and the offender did not cause serious
physical harm to a person other than the offender.
Sec. 4511.191. (A) Any person who operates a vehicle upon
a highway or any public or private property used by the public
for vehicular travel or parking within this state shall be deemed
to have given consent to a chemical test or tests of the
person's blood,
breath, or urine for the purpose of determining the alcohol,
drug, or alcohol and drug content of the person's blood,
breath, or urine
if arrested for operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse or for
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine. The chemical test or tests shall be
administered at the request of a police officer having reasonable
grounds to believe the person to have been operating a vehicle
upon a highway or any public or private property used by the
public for vehicular travel or parking in this state while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse or with a prohibited concentration of alcohol in the
blood, breath, or urine. The law enforcement agency by which the
officer is employed shall designate which of the tests shall be
administered.
(B) Any person who is dead or unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal,
shall be deemed not to have withdrawn consent as provided by
division (A) of this section and the test or tests may be
administered, subject to sections 313.12 to 313.16 of the Revised
Code.
(C)(1) Any person under arrest for operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine shall be
advised at a police station, or at a hospital, first-aid station,
or clinic to which the person has been taken for first-aid or
medical treatment, of both of the following:
(a) The consequences, as specified in division (E) of this
section, of the person's refusal to submit upon request to a
chemical test
designated by the law enforcement agency as provided in division
(A) of this section;
(b) The consequences, as specified in division (F) of this
section, of the person's submission to the designated
chemical test if the person is found to have a prohibited
concentration of alcohol in the
blood, breath, or urine.
(2)(a) The advice given pursuant to division (C)(1) of
this section shall be in a written form containing the
information described in division (C)(2)(b) of this section and
shall be read to the person. The form shall contain a statement
that the form was shown to the person under arrest and read to
the person in the presence of the arresting officer and
either another
police officer, a civilian police employee, or an employee of a
hospital, first-aid station, or clinic, if any, to which the
person has been taken for first-aid or medical treatment. The
witnesses shall certify to this fact by signing the form.
(b) The form required by division (C)(2)(a) of this
section shall read as follows:
"You now are under arrest for operating a vehicle while
under the influence of alcohol, a drug of abuse, or both alcohol
and a drug of abuse and will be requested by a police officer to
submit to a chemical test to determine the concentration of
alcohol, drugs of abuse, or alcohol and drugs of abuse in your
blood, breath, or urine.
If you refuse to submit to the requested test or if you
submit to the requested test and are found to have a prohibited
concentration of alcohol in your blood, breath, or urine, your
driver's or commercial driver's license or permit or nonresident
operating privilege immediately will be suspended for the period
of time specified by law by the officer, on behalf of the
registrar of motor vehicles. You may appeal this suspension at
your initial appearance before the court that hears the charges
against you resulting from the arrest, and your initial
appearance will be conducted no later than five days after the
arrest. This suspension is independent of the penalties for the
offense, and you may be subject to other penalties upon
conviction."
(D)(1) If a person under arrest as described in division
(C)(1) of this section is not asked by a police officer to submit
to a chemical test designated as provided in division (A) of this
section, the arresting officer shall seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person and immediately forward the seized license or permit
to the court in which the arrested person is to appear on the
charge for which the person was arrested. If the arrested person does
not have the person's driver's or commercial driver's license or
permit on his or her person or in his or her vehicle, the arresting
officer shall order the arrested person to surrender it to
the law enforcement agency that employs
the officer within twenty-four hours after the arrest, and, upon
the surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the
arrested person is to appear
on the charge for which the person was arrested. Upon
receipt of the
license or permit, the court shall retain it pending the initial
appearance of the arrested person and any action taken under
section 4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of
this section is asked by a police officer to submit to a chemical
test designated as provided in division (A) of this section and
is advised of the consequences of the person's refusal or submission as
provided in division (C) of this section and if the person
either refuses to submit to the designated chemical test or the person
submits to the designated chemical test and the test results
indicate that the person's blood contained a concentration
of ten-hundredths of one per cent or more by weight of alcohol,
the person's breath contained a concentration of ten-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight of alcohol per
one hundred milliliters of the person's urine at the time of
the alleged
offense, the arresting officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of
suspension upon the person that advises the person that,
independent of any penalties or sanctions imposed upon the
person pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial
driver's license
or permit or nonresident operating privilege is suspended, that
the suspension takes effect immediately, that the suspension will
last at least until the person's initial appearance on the
charge that
will be held within five days after the date of the person's
arrest or the
issuance of a citation to the person, and that
the person may appeal the
suspension at the initial appearance; seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person; and immediately forward the seized license or permit
to the registrar. If the arrested person does not have the person's driver's
or commercial driver's license or permit on his or her
person or in his or her vehicle, the arresting officer shall order
the person to surrender it to the law enforcement agency that employs
the officer within twenty-four hours after the service of the notice
of suspension, and, upon the surrender, the officer's employing
agency immediately shall forward the license or permit to the
registrar.
(b) Verify the current residence of the person and, if it
differs from that on the person's driver's or commercial driver's
license or permit, notify the registrar of the change;
(c) In addition to forwarding the arrested person's
driver's or commercial driver's license or permit to the
registrar, send to the registrar, within forty-eight hours after
the arrest of the person, a sworn report that includes all of the
following statements:
(i) That the officer had reasonable grounds to believe
that, at the time of the arrest, the arrested person was
operating a vehicle upon a highway or public or private property
used by the public for vehicular travel or parking within this
state while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or with a prohibited concentration of
alcohol in the blood, breath, or urine;
(ii) That the person was arrested and charged with
operating a vehicle while under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse or with operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine;
(iii) That the officer asked the person to take the
designated chemical test, advised the person of the consequences
of submitting to the chemical test or refusing to take the
chemical test, and gave the person the form described in division
(C)(2) of this section;
(iv) That the person refused to submit to the chemical
test or that the person submitted to the chemical test and the
test results indicate that the person's blood contained a
concentration of
ten-hundredths of one per cent or more by weight of alcohol, the
person's breath contained a concentration of ten-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight of alcohol per
one hundred milliliters of the person's urine at the time of
the alleged
offense;
(v) That the officer served a notice of suspension upon
the person as described in division (D)(1)(a) of this section.
(2) The sworn report of an arresting officer completed
under division (D)(1)(c) of this section shall be given by the
officer to the arrested person at the time of the arrest or sent
to the person by regular first class mail by the registrar as
soon thereafter as possible, but no later than fourteen days
after receipt of the report. An arresting officer may give an
unsworn report to the arrested person at the time of the arrest
provided the report is complete when given to the arrested person
and subsequently is sworn to by the arresting officer. As soon
as possible, but no later than forty-eight hours after the arrest
of the person, the arresting officer shall send a copy of the
sworn report to the court in which the arrested person is to
appear on the charge for which the person was arrested.
(3) The sworn report of an arresting officer completed and
sent to the registrar and the court under divisions (D)(1)(c) and
(D)(2) of this section is prima-facie proof of the information
and statements that it contains and shall be admitted and
considered as prima-facie proof of the information and statements
that it contains in any appeal under division (H) of this section
relative to any suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
that results from the arrest covered by the report.
(E)(1) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person who refused to take the designated chemical test, the
registrar shall enter into the registrar's records the fact
that the person's
driver's or commercial driver's license or permit or nonresident
operating privilege was suspended by the arresting officer under
division (D)(1)(a) of this section and the period of the
suspension, as determined under divisions (E)(1)(a) to (d) of
this section. The suspension shall be subject to appeal as
provided in this section and shall be for whichever of the
following periods applies:
(a) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had not refused a previous request to consent to a chemical test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension shall be one year. If the person is a
resident without a license or permit to operate a vehicle within
this state, the registrar shall deny to the person the issuance
of a driver's or commercial driver's license or permit for a
period of one year after the date of the alleged violation.
(b) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused one previous request to consent to a chemical test of
the person's blood, breath, or urine to determine its
alcohol content, the
period of suspension or denial shall be two years.
(c) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused two previous requests to consent to a chemical test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension or denial shall be three years.
(d) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused three or more previous requests to consent to a
chemical test of the person's blood, breath, or urine to
determine its
alcohol content, the period of suspension or denial shall be five
years.
(2) The suspension or denial imposed under division (E)(1)
of this section shall continue for the entire one-year, two-year,
three-year, or five-year period, subject to appeal as provided in
this section and subject to termination as provided in division
(K) of this section.
(F) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person whose test results indicate that the person's blood
contained a
concentration of ten-hundredths of one per cent or more by weight
of alcohol, the person's breath contained a concentration of
ten-hundredths of one gram or more by weight of alcohol per two
hundred ten liters of the person's breath, or
the person's urine contained a
concentration of fourteen-hundredths of one gram or more by
weight of alcohol per one hundred milliliters of the
person's urine at the time of the alleged offense, the registrar shall
enter into the registrar's records the fact that the person's driver's or
commercial
driver's license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of
this section and the period of the suspension, as determined
under divisions (F)(1) to (4) of this section. The suspension
shall be subject to appeal as provided in this section and shall
be for whichever of the following periods that applies:
(1) Except when division (F)(2), (3), or (4) of this section
applies and specifies a different period of suspension or denial, the period
of the suspension or denial shall be ninety days.
(2) If the person has been convicted, within ten years of the date the test
was conducted, of one violation 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 offender was subject to the sanctions described in division
(D) of that section, or section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that at the time of the commission of the
offense the offender was under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse, or a statute of THE
UNITED STATES OR OF any other state or a municipal
ordinance of a municipal corporation located in any other state that is
substantially similar to division (A) or (B) of
section 4511.19 of the Revised Code, the period of the
suspension or denial shall be one year.
(3) If the person has been convicted, within ten years of
the date the test was conducted, of two violations of a statute
or ordinance described in division (F)(2) of this section,
the period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of
the date the test was conducted, of more than two violations of a
statute or ordinance described in division (F)(2) of this
section, the period of the suspension or denial shall be three
years.
(G)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (D)(1)(a) of this section for the period of time
described in division (E) or (F) of this section is effective
immediately from the time at which the arresting officer serves
the notice of suspension upon the arrested person. Any
subsequent finding that the person is not guilty of the charge
that resulted in the person being requested to take, or in
the person taking,
the chemical test or tests under division (A) of this section
affects the suspension only as described in division (H)(2) of
this section.
(2) If a person is arrested for operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and
regardless of whether the person's driver's or commercial
driver's license or permit or nonresident operating privilege is
or is not suspended under division (E) or (F) of this section,
the person's initial appearance on the charge resulting from the
arrest shall be held within five days of the person's arrest or
the issuance of the citation to the person, subject to any
continuance
granted by the court pursuant to division (H)(1) of this section
regarding the issues specified in that division.
(H)(1) If a person is arrested for operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if
the person's driver's or commercial driver's license or permit or
nonresident operating privilege is suspended under division (E)
or (F) of this section, the person may appeal the suspension at
the person's initial appearance on the charge
resulting from
the arrest in the court in which the person will appear on
that charge. If the person appeals the suspension at the
person's initial appearance, the appeal does
not stay the operation of the suspension. Subject to division
(H)(2) of this section, no court has jurisdiction to grant a stay
of a suspension imposed under division (E) or (F) of this
section, and any order issued by any court that purports to grant
a stay of any suspension imposed under either of those divisions
shall not be given administrative effect.
If the person appeals the suspension at the person's initial
appearance, either the person or the registrar may request a
continuance
of the appeal. Either the person or the registrar shall make the
request for a continuance of the appeal at the same time as the
making of the appeal. If either the person or the registrar
requests a continuance of the appeal, the court may grant the
continuance. The court also may continue the appeal on its own
motion. The granting of a continuance applies only to the
conduct of the appeal of the suspension and does not extend the
time within which the initial appearance must be conducted, and
the court shall proceed with all other aspects of the initial
appearance in accordance with its normal procedures. Neither the
request for nor the granting of a continuance stays the operation
of the suspension that is the subject of the appeal.
If the person appeals the suspension at the person's initial
appearance, the scope of the appeal is limited to determining
whether one or more of the following conditions have not been
met:
(a) Whether the law enforcement officer had reasonable
ground to believe the arrested person was operating a vehicle
upon a highway or public or private property used by the public
for vehicular travel or parking within this state while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or with a prohibited concentration of alcohol in the blood,
breath, or urine and whether the arrested person was in fact
placed under arrest;
(b) Whether the law enforcement officer requested the
arrested person to submit to the chemical test designated
pursuant to division (A) of this section;
(c) Whether the arresting officer informed the arrested
person of the consequences of refusing to be tested or of
submitting to the test;
(d) Whichever of the following is applicable:
(i) Whether the arrested person refused to submit to the
chemical test requested by the officer;
(ii) Whether the chemical test results indicate that the
arrested person's blood contained a concentration of ten-hundredths of one
per cent
or more by weight of alcohol, the person's breath contained
a
concentration of ten-hundredths of one gram or more by weight of
alcohol per two hundred ten liters of the person's breath,
or the person's urine contained a concentration of
fourteen-hundredths of one gram or
more by weight of alcohol per one hundred milliliters of the
person's urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial
appearance, the judge or referee of the court or the mayor of the
mayor's court shall determine whether one or more of the
conditions specified in divisions (H)(1)(a) to (d) of this
section have not been met. The person who appeals the suspension
has the burden of proving, by a preponderance of the evidence,
that one or more of the specified conditions has not been met.
If during the appeal at the initial appearance the judge or
referee of the court or the mayor of the mayor's court determines
that all of those conditions have been met, the judge, referee,
or mayor shall uphold the suspension, shall continue the
suspension, and shall notify the registrar of the decision on a form
approved by the registrar. Except as otherwise provided in division
(H)(2) of this section, if the suspension is upheld or if the person does not
appeal the suspension at the person's initial appearance
under division (H)(1) of this section, the suspension shall continue until the
complaint alleging the violation for which the person was arrested and in
relation to which the suspension was imposed is adjudicated on
the merits by the judge or referee of the trial court or by the
mayor of the mayor's court. If the suspension was imposed under
division (E) of this section and it is continued under this
division, any subsequent finding that the person is not guilty of
the charge that resulted in the person being requested to take the
chemical test or tests under division (A) of this section does
not terminate or otherwise affect the suspension. If the
suspension was imposed under division (F) of this section and it
is continued under this division, the suspension shall terminate
if, for any reason, the person subsequently is found not guilty
of the charge that resulted in the person taking the
chemical test or
tests under division (A) of this section.
If, during the appeal at the initial appearance, the judge
or referee of the trial court or the mayor of the mayor's court
determines that one or more of the conditions specified in
divisions (H)(1)(a) to (d) of this section have not been met, the
judge, referee, or mayor shall terminate the suspension, subject
to the imposition of a new suspension under division (B) of
section 4511.196 of the Revised Code; shall notify the registrar
of the decision on a form approved by the registrar; and, except as
provided in division (B) of
section 4511.196 of the Revised Code, shall order the registrar
to return the driver's or commercial driver's license or permit
to the person or to take such measures as may be necessary, if
the license or permit was destroyed under section 4507.55 of the
Revised Code, to permit the person to obtain a replacement
driver's or commercial driver's license or permit from the
registrar or a deputy registrar in accordance with that section.
The court also shall issue to the person a court order, valid for
not more than ten days from the date of issuance, granting the
person operating privileges for that period of time.
If the person appeals the suspension at the initial
appearance, the registrar shall be represented by the prosecuting
attorney of the county in which the arrest occurred if the
initial appearance is conducted in a juvenile court or county
court, except that if the arrest occurred within a city or
village within the jurisdiction of the county court in which the
appeal is conducted, the city director of law or village
solicitor of that city or village shall represent the registrar.
If the appeal is conducted in a municipal court, the registrar
shall be represented as provided in section 1901.34 of the
Revised Code. If the appeal is conducted in a mayor's court, the
registrar shall be represented by the city director of law,
village solicitor, or other chief legal officer of the municipal
corporation that operates that mayor's court.
(I)(1) If a person's driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended pursuant to division (E) of this section, and the
person, within the preceding seven years, has refused three
previous requests to consent to a chemical test of the
person's blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to 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, or a statute
of THE UNITED STATES OR OF any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the person is not entitled to request, and the court shall not
grant to the person, occupational driving privileges under this
division. Any other person whose driver's or commercial driver's
license or nonresident operating privilege has been suspended
pursuant to division (E) of this section may file a petition
requesting occupational driving privileges in the COMMON PLEAS
COURT, municipal court, county court, MAYOR'S COURT,
or, if the person is a minor, juvenile court
with jurisdiction over the place at which the arrest occurred
RELATED CRIMINAL OR DELINQUENCY CASE. The petition may be filed at any
time subsequent to the date on
which the arresting officer serves the notice of suspension IS
SERVED upon the arrested person. The person shall pay the costs of the
proceeding, notify the registrar of the filing of the petition,
and send the registrar a copy of the petition.
In the proceedings, the registrar shall be represented by
the prosecuting attorney of the county in which the arrest
occurred if the petition is filed in the juvenile court or,
county court, OR COMMON PLEAS COURT, except that, if the arrest
occurred within a city or
village within the jurisdiction of the county court in which the
petition is filed, the city director of law or village solicitor
of that city or village shall represent the registrar. If the
petition is filed in the municipal court, the registrar shall be
represented as provided in section 1901.34 of the Revised Code. IF THE
PETITION IS FILED IN A MAYOR'S COURT, THE REGISTRAR SHALL BE REPRESENTED BY
THE CITY DIRECTOR OF LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER OF
THE MUNICIPAL CORPORATION THAT OPERATES THE MAYOR'S COURT.
The court, if it finds reasonable cause to believe that
suspension would seriously affect the person's ability to
continue in the person's employment, may grant the person
occupational
driving privileges during the period of suspension imposed
pursuant to division (E) of this section, subject to the
limitations contained in this division and division (I)(2) of
this section. The court may grant the occupational driving
privileges, subject to the limitations contained in this division
and division (I)(2) of this section, regardless of whether the
person appeals the suspension at the person's initial
appearance under
division (H)(1) of this section or appeals the decision of the
court made pursuant to the appeal conducted at the initial
appearance, and, if the person has appealed the suspension or
decision, regardless of whether the matter at issue has been
heard or decided by the court. The court shall not grant
occupational driving privileges to any person who, within seven
years of the filing of the petition, has refused three previous
requests to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content or has been convicted of
or pleaded guilty to 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, or a
statute of THE UNITED STATES OR OF any other state or
a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to division
(A) or (B) of section 4511.19 of the Revised Code, and
shall not grant occupational driving privileges for employment as
a driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under
section 2301.374 or 4506.16 of the Revised Code.
(2)(a) In granting occupational driving privileges under
division (I)(1) of this section, the court may impose any
condition it considers reasonable and necessary to limit the use
of a vehicle by the person. The court shall deliver to the
person a permit card, in a form to be prescribed by the court,
setting forth the time, place, and other conditions limiting the
defendant's use of a vehicle. The grant of occupational driving
privileges shall be conditioned upon the person's having the
permit in the person's possession at all times during which
the person is
operating a vehicle.
A person granted occupational driving privileges who
operates a vehicle for other than occupational purposes, in
violation of any condition imposed by the court, or without
having the permit in the person's possession, is guilty of a
violation of
section 4507.02 of the Revised Code.
(b) The court may not grant a person occupational driving
privileges under division (I)(1) of this section when prohibited
by a limitation contained in that division or during any of the
following periods of time:
(i) The first thirty days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had not refused a previous request to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(ii) The first ninety days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused one previous request to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(iii) The first year of suspension imposed upon a person
who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused two previous requests to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(iv) The first three years of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused three or more previous
requests to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content.
(3) The court shall give information in writing of any
action taken under this section to the registrar.
(4) If a person's driver's or commercial driver's license
or permit or nonresident operating privilege has been suspended
pursuant to division (F) of this section, and the person, within
the preceding seven years, has been convicted of or pleaded
guilty to 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, or a statute
of THE UNITED STATES OR OF any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the
person is not entitled to request, and the court shall not grant
to the person, occupational driving privileges under this
division. Any other person whose driver's or commercial driver's
license or nonresident operating privilege has been suspended
pursuant to division (F) of this section may file in the court
specified in division (I)(1) of this section a petition
requesting occupational driving privileges in accordance with
section 4507.16 of the Revised Code. The petition may be filed
at any time subsequent to the date on which the arresting officer
serves the notice of suspension upon the arrested person. Upon
the making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code.
The court may grant the occupational driving privileges, subject
to the limitations contained in section 4507.16 of the Revised
Code, regardless of whether the person appeals the suspension at
the person's initial appearance under division (H)(1) of
this section or
appeals the decision of the court made pursuant to the appeal
conducted at the initial appearance, and, if the person has
appealed the suspension or decision, regardless of whether the
matter at issue has been heard or decided by the court.
(J) When it finally has been determined under the
procedures of this section that a nonresident's privilege to
operate a vehicle within this state has been suspended, the
registrar shall give information in writing of the action taken
to the motor vehicle administrator of the state of the person's
residence and of any state in which the person has a license.
(K) A suspension of the driver's or commercial driver's
license or permit of a resident, a suspension of the operating
privilege of a nonresident, or a denial of a driver's or
commercial driver's license or permit for refusal to submit to a
chemical test to determine the alcohol, drug, or alcohol and drug
content of the person's blood, breath, or urine pursuant to
division (E) of this section, shall be terminated by the
registrar upon receipt of notice of the person's entering a plea
of guilty to, or of the person's conviction after entering a plea of no
contest under Criminal Rule 11 to, operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or with a prohibited concentration of alcohol in
the blood, breath, or urine, if the offense for which the plea is
entered arose from the same incident that led to the suspension
or denial.
The registrar shall credit against any judicial suspension
of a person's driver's or commercial driver's license or permit
or nonresident operating privilege imposed pursuant to division
(B) or (E) of section 4507.16 of the Revised Code any time during
which the person serves a related suspension imposed pursuant to
division (E) or (F) of this section.
(L) At the end of a suspension period under this section,
section 4511.196, or division (B) of section 4507.16 of the
Revised Code and upon the request of the person whose driver's or
commercial driver's license or permit was suspended and who is
not otherwise subject to suspension, revocation, or
disqualification, the registrar shall return the driver's or
commercial driver's license or permit to the person upon the
occurrence of all of the following:
(1) A showing by the person that the person had proof of
financial
responsibility, a policy of liability insurance in effect that
meets the minimum standards set forth in section 4509.51 of the
Revised Code, or proof, to the satisfaction of the registrar,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified in section 4509.51
of the Revised Code.
(2) Payment by the person of a license reinstatement fee
of two hundred fifty dollars to the bureau of motor vehicles,
which fee shall be deposited in the state treasury and credited
as follows:
(a) Seventy-five dollars shall be credited to the drivers'
treatment and intervention fund, which is hereby established.
The fund shall be used to pay the costs of driver treatment and
intervention programs operated pursuant to sections 3793.02 and
3793.10 of the Revised Code. The director of alcohol and drug
addiction services shall determine the share of the fund that is
to be allocated to alcohol and drug addiction programs authorized
by section 3793.02 of the Revised Code, and the share of the fund
that is to be allocated to drivers' intervention programs
authorized by section 3793.10 of the Revised Code.
(b) Fifty dollars shall be credited to the reparations
fund created by section 2743.191 of the Revised Code.
(c) Twenty-five dollars shall be credited to the indigent
drivers alcohol treatment fund, which is hereby established. Except as
otherwise provided in division
(L)(2)(c) of this section, moneys in the fund shall be
distributed by the department of alcohol and drug addiction
services to the county indigent drivers alcohol treatment funds,
the county juvenile indigent drivers alcohol treatment funds, and
the municipal indigent drivers treatment funds that are required
to be established by counties and municipal corporations pursuant
to division (N) of this section, and shall be used only to pay
the cost of an alcohol and drug addiction treatment program
attended by an offender or juvenile traffic offender who is
ordered to attend an alcohol and drug addiction treatment program
by a county, juvenile, or municipal court judge and who is
determined by the county, juvenile, or municipal court judge not
to have the means to pay for attendance at the program.
Moneys in the fund that are not
distributed to a county indigent drivers alcohol treatment fund,
a county juvenile indigent drivers alcohol treatment fund, or a
municipal indigent drivers alcohol treatment fund under division
(N) of this section because the director of alcohol and drug addiction
services does not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was arrested may
be transferred by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of this
section, upon certification of the amount by the director of alcohol and drug
addiction services.
(d) Fifty dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Fifty dollars shall be deposited into the state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division (L)(2)(e)
of this section.
The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under division (L)(2)(e) of this
section shall be used by the agency to pay for not more than
fifty per cent of the amount of the salaries of law enforcement
officers who conduct drug abuse resistance education programs in
public schools. The attorney general shall not use more than six
per cent of the amounts the attorney general's office
receives under division
(L)(2)(e) of this section to pay the costs it incurs in
administering the grant program established by division (L)(2)(e)
of this section and in providing training and materials relating
to drug abuse resistance education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(M) Suspension of a commercial driver's license under
division (E) or (F) of 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 Chapter 4507. of
the Revised Code during the period for which the commercial
driver's license was suspended under division (E) or (F) of this
section, and no person whose commercial driver's license is
suspended under division (E) or (F) of this section shall be
issued a driver's license under that chapter during the period of
the suspension.
(N)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines that are specified for deposit into a county or municipal
indigent drivers alcohol treatment fund by section 4511.193 of
the Revised Code shall be deposited into that county indigent
drivers alcohol treatment fund, county juvenile indigent drivers
alcohol treatment fund, or municipal indigent drivers alcohol
treatment fund in accordance with division (N)(2) of this
section. Additionally, all portions of fines that are paid for a
violation of section 4511.19 of the Revised Code or division
(B)(2) of section 4507.02 of the Revised Code, and that are
required under division (A)(1) or (2) of section 4511.99 or
division (B)(5) of section 4507.99 of the Revised Code to be
deposited into a county indigent drivers alcohol treatment fund
or municipal indigent drivers alcohol treatment fund shall be
deposited into the appropriate fund in accordance with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division (L) of this section and that is credited
under that division to the indigent drivers alcohol treatment
fund shall be deposited into a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension, the portion shall be deposited into the county
juvenile indigent drivers alcohol treatment fund established in
the county served by the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
division (B) of section 4507.16 of the Revised Code, that portion
of the fee shall be deposited as follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit was suspended by a municipal court, the portion shall be
deposited into the municipal indigent drivers alcohol treatment
fund under the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment program. The board of alcohol, drug addiction, and
mental health services established pursuant to section 340.02 of
the Revised Code serving the alcohol, drug addiction, and mental
health service district in which the court is located shall
administer the indigent drivers alcohol treatment program of the
court. When a court orders an offender or juvenile traffic
offender to attend an alcohol and drug addiction treatment
program, the board shall determine which program is suitable to
meet the needs of the offender or juvenile traffic offender, and
when a suitable program is located and space is available at the
program, the offender or juvenile traffic offender shall attend
the program designated by the board. A reasonable amount not to
exceed five per cent of the amounts credited to and deposited
into the county indigent drivers alcohol treatment fund, the
county juvenile indigent drivers alcohol treatment fund, or the
municipal indigent drivers alcohol treatment fund serving every
court whose program is administered by that board shall be paid
to the board to cover the costs it incurs in administering those
indigent drivers alcohol treatment programs.
Sec. 4511.193. (A) Twenty-five dollars of any fine
imposed for a violation of a municipal ordinance relating to
operating a vehicle while under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse or relating to operating
a vehicle with a prohibited concentration of alcohol in the
blood, breath, or urine shall be deposited into the municipal or
county indigent drivers alcohol treatment fund created pursuant
to division (N) of section 4511.191 of the Revised Code in
accordance with this section and section 733.40, divisions (A)
and (B) of section 1901.024, division (F) of section 1901.31, or
division (C) of section 1907.20 of the Revised Code. Regardless
of whether the fine is imposed by a municipal court, a mayor's
court, or a juvenile court, if the fine was imposed for a
violation of an ordinance of a municipal corporation that is
within the jurisdiction of a municipal court, the twenty-five
dollars that is subject to this section shall be deposited into
the indigent drivers alcohol treatment fund of the municipal
corporation in which is located the municipal court that has
jurisdiction over that municipal corporation. Regardless of
whether the fine is imposed by a county court, a mayor's court,
or a juvenile court, if the fine was imposed for a violation of
an ordinance of a municipal corporation that is within the
jurisdiction of a county court, the twenty-five dollars that is
subject to this section shall be deposited into the indigent
drivers alcohol treatment fund of the county in which is located
the county court that has jurisdiction over that municipal
corporation. The deposit shall be made in accordance with
section 733.40, divisions (A) and (B) of section 1901.024,
division (F) of section 1901.31, or division (C) of section
1907.20 of the Revised Code.
(B)(1) The requirements and sanctions imposed by divisions
(B)(1) and (2) of this section are an adjunct to and derive from
the state's exclusive authority over the registration and titling
of motor vehicles and do not comprise a part of the criminal
sentence to be imposed upon a person who violates a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or relating to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine.
(2) If a person is convicted of or pleads guilty to a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse or relating to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if,
within the period of time specified in
division (B)(2)(a), (b), or (c) of
this section, the offender has been
convicted of or pleaded guilty to any violation 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 offender was subject to the
sanctions described in division (D) of that section, section
2903.06, 2903.07, or 2903.08 of the Revised Code, or a municipal
ordinance that is substantially similar to section 2903.07 of the
Revised Code in a case in which the jury or judge found that the
offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, or a statute of THE UNITED
STATES OR OF any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, or if the other circumstances described in
division (B)(2)(c) of this section apply,
the court, in addition to and
independent of any sentence that it imposes upon the offender for
the offense, 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, and subject to section 4503.235 of
the Revised Code, shall do whichever of the following is
applicable:
(a) Except as otherwise provided in division
(B)(2)(c) of this section, if, within
six years of the current offense, the
offender has been convicted of or pleaded guilty to one violation
described in division (B)(2) of this section, the court shall
order the immobilization for ninety days of the vehicle the
offender was operating at the time of the offense and the
impoundment for ninety days of the license plates
of that vehicle. The order for the immobilization and
impoundment shall be issued and enforced in accordance with
section 4503.233 of the Revised Code.
(b) Except as otherwise provided in division
(B)(2)(c) of this section, if, within
six years of the current offense, the
offender has been convicted of or pleaded guilty to two
violations described in division (B)(2) of this section, the
court shall order the immobilization for one hundred eighty days
of the vehicle the offender was operating at the time of the
offense and the impoundment for one hundred eighty days of the
license plates of that vehicle. The order for the
immobilization and impoundment shall be issued and enforced in
accordance with section 4503.233 of the Revised Code.
(c) If, within six years of the current offense, the
offender has been convicted of or pleaded guilty to three or more
violations described in division (B)(2) of this section, or if the offender
previously has been convicted of or pleaded guilty to a violation of division
(A) of section 4511.19 of the Revised Code under circumstances in which the
violation was a felony and regardless of when
the violation and the conviction or guilty plea occurred, the
court 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.
Sec. 4511.195. (A) As used in this section:
(1) "Vehicle operator" means a person who is operating a
vehicle at the time it is seized under division (B) of this
section.
(2) "Vehicle owner" means the person in whose name is
registered a vehicle that is seized under division (B) of this
section.
(3) "Municipal OMVI ordinance" means any municipal
ordinance prohibiting the operation of a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or prohibiting the operation of a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine.
(4) "Interested
party" includes the owner of a vehicle seized under this
section, all lienholders, the defendant, the owner of the place
of storage at which a vehicle seized under this section is
stored, and the person or entity that caused the vehicle to be
removed.
(B)(1) If a person is arrested for a violation of division
(A) of section 4511.19 of the Revised Code or of a municipal OMVI
ordinance and, within six years of the alleged violation,
the person previously has been convicted of or pleaded guilty to one or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal OMVI ordinance, section 2903.04 of the
Revised Code in a case in which the offender was subject to the
sanctions described in division (D) of that section, or section
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal
ordinance that is substantially similar to section 2903.07 of the
Revised Code in a case in which the jury or judge found that the
offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, A STATUTE OF THE UNITED
STATES OR OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A MUNICIPAL
CORPORATION LOCATED IN ANY OTHER STATE THAT IS SUBSTANTIALLY SIMILAR TO
DIVISION (A) OR (B) OF SECTION 4511.19 of the Revised Code, or
if a person is arrested for a violation of
division (A) of section 4511.19 of the Revised Code or of a municipal
OMVI ordinance and the person previously has been convicted
of or pleaded guilty to a violation of division (A) of section
4511.19 of the Revised Code under circumstances in which the violation was a
felony, regardless of when the
prior felony violation of division (A) of section 4511.19 of the Revised Code
and the conviction or guilty plea occurred, the arresting officer or another
officer of the law enforcement agency that employs the arresting
officer, in addition to any action that the arresting officer is
required or authorized to take by section 4511.191 of the Revised
Code or by any other provision of law, shall seize the vehicle
that the person was operating at the time of the alleged offense
and its license plates. Except as otherwise
provided in this division, the officer shall seize the vehicle
and its license plates regardless of whether the
vehicle is registered in the name of the person who was operating
it or in the name of another person or entity. This section does not apply
to or affect any rented or leased vehicle that is being rented or
leased for a period of thirty days or less, except
that a law enforcement agency that employs a law enforcement
officer who makes an arrest of a type that is described in
division (B)(1) of this section and that involves a rented or
leased vehicle of this type shall notify, within
twenty-four hours after the officer makes the arrest, the lessor or owner of
the vehicle regarding the circumstances of the arrest and the location at
which the vehicle may be picked
up. At the time of the seizure of the vehicle, the law
enforcement officer who made the arrest shall give the vehicle
operator written notice that the vehicle and its
license plates have been seized; that the vehicle either will be
kept by the officer's law enforcement agency or will be
immobilized at least until the operator's initial appearance on
the charge of the offense for which the arrest was made; that, at
the initial appearance, the court in certain circumstances may
order that the vehicle and license plates be released
to the vehicle owner until the disposition of that charge; that,
if the vehicle operator is convicted of that charge, the court
generally must order the immobilization of the vehicle and the
impoundment of its license plates, or the forfeiture of the
vehicle; and that, if the operator is not the vehicle owner, the
operator immediately should inform the vehicle owner that the
vehicle and its license plates have been seized and that the vehicle
owner may
be able to obtain their return or release at the initial
appearance or thereafter.
(2) The arresting officer or a law enforcement officer of the agency
that employs the arresting officer shall give written notice of the seizure to
the court that will conduct the initial appearance of the vehicle
operator the vehicle operator. The notice shall be given when the
charges are filed against the
vehicle operator. Upon receipt of the notice, the court promptly
shall determine whether the vehicle operator is the vehicle owner
and, if it determines that the vehicle operator is not the
vehicle owner, promptly shall send by regular mail written
notice of the seizure of the motor vehicle to the vehicle owner. The written
notice to
the vehicle owner shall contain all of the information required by
division (B)(1) of this section to be in a notice to be given to
the vehicle operator and also shall specify the date, time, and
place of the vehicle operator's initial appearance the vehicle
operator. The notice to the vehicle owner
also shall state that if the vehicle is immobilized under
division (A) of section 4503.233 of the Revised
Code, seven days after the end of the period of immobilization a law
enforcement agency will
send the vehicle owner a notice, informing the vehicle owner
that if the release of the vehicle is not obtained in accordance with division
(D)(3) of section 4503.233 of the Revised
Code, the vehicle shall be
forfeited. The notice also shall inform the vehicle owner that
the vehicle owner may be charged expenses or charges incurred
under this section and section 4503.233 of the
Revised Code for the removal and storage of the vehicle.
(3) At or before the initial appearance, the vehicle
owner may file a motion requesting the court to order that the
vehicle and its license plates be released to the vehicle owner. Except as
provided in this division and subject to the payment
of expenses or charges incurred in the removal and storage of
the vehicle, the court, in its discretion, then may issue an
order releasing the vehicle and its license plates to the
vehicle owner. Such an order may be conditioned upon such terms
as the court determines appropriate, including the posting of a
bond in an amount determined by the court. If the vehicle
operator is not the vehicle owner and if the vehicle owner is
not present at the vehicle operator's initial appearance, and if
the court believes that the vehicle owner was not provided with
adequate notice of the initial appearance, the court, in its
discretion, may allow the vehicle owner to file a motion within
seven days of the initial appearance. If the court allows the
vehicle owner to file such a motion after the initial
appearance, the extension of time granted by the court does not
extend the time within which the initial appearance is to be
conducted. If the court issues an order for the release of the
vehicle and its license plates, a copy of the order shall be
made available to the vehicle owner. If the vehicle owner
presents a copy of the order to the law enforcement agency that
employs the law enforcement officer who arrested the person who
was operating the vehicle, the law enforcement agency promptly
shall release the vehicle and its license plates to the vehicle
owner upon payment by the vehicle owner of any expenses or
charges incurred in the removal and storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the agency at that place for the time and in the manner specified
in this section or shall be otherwise immobilized for the time and in the
manner specified in this section. A law enforcement officer of
that agency shall remove the identification license plates of the
vehicle, and they shall be safely kept by the agency for the time
and in the manner specified in this section. No vehicle that is
seized and either towed or immobilized pursuant to this division
shall be considered contraband for purposes of section 2933.41,
2933.42, or 2933.43 of the Revised Code. The vehicle shall not
be immobilized at any place other than a commercially operated
private storage lot, a place owned by a law enforcement agency or other
government agency, or a place to which one of the following
applies:
(a) The place is leased by or otherwise under the control
of a law enforcement agency or other government agency.
(b) The place is owned by the vehicle operator, the
vehicle operator's spouse, or a parent or child of the vehicle
operator.
(c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place.
(d) The place is a street or highway on which the
vehicle is parked in accordance with the law.
(C)(1) A vehicle that is seized under division
(B) of this section shall be safely kept at the place to which it
is towed or otherwise moved by the law enforcement agency that employs the
arresting
officer until the initial appearance of the vehicle operator
relative to the charge the vehicle operator in question. The license
plates of the vehicle that are removed pursuant to division (B) of this
section shall be safely kept by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle
operator relative to the charge in question.
(2)(a) the vehicle owner's the vehicle owner the vehicle owner the vehicle
owner's the vehicle owner the vehicle owner's the vehicle owner's the vehicle
operator the vehicle owner's the vehicle owner's the vehicle owner's the
vehicle operator the vehicle owner's
If, at the initial appearance, the vehicle operator pleads guilty to the
violation of division (A) of section 4511.19
of the Revised Code or of the municipal OMVI ordinance or pleads
no contest to and is convicted of the violation, the court shall
impose sentence upon the vehicle operator as provided by law or
ordinance; the court, except as provided in this division and
subject to section 4503.235 of the Revised Code, shall order the
immobilization of the vehicle and the impoundment of its
license plates under section 4503.233 and section
4511.193 or 4511.99 of the Revised Code, or the criminal
forfeiture of the vehicle under section 4503.234 and
section 4511.193 or 4511.99 of the Revised Code, whichever is
applicable; and the vehicle and its license plates
shall not be returned or released to the vehicle owner. If the vehicle
operator is not the vehicle owner and the vehicle owner the vehicle
owner's is not present at the vehicle operator's initial
appearance and if the court believes that the vehicle owner was
not provided adequate notice of the initial appearance, the
court, in its discretion, may refrain for a period of
time not exceeding seven days from ordering the immobilization of the
vehicle and the impoundment of its license plates, or the criminal forfeiture
of the vehicle so that the vehicle owner the vehicle owner's may appear
before the court to present
evidence as to why the court should not order the immobilization
of the vehicle and the impoundment of its license plates, or the
criminal forfeiture of the vehicle. If the court
refrains from ordering the immobilization of the vehicle and the
impoundment of its license plates, or the criminal forfeiture of the vehicle,
section 4503.235 of the Revised Code
applies relative to the order of immobilization and impoundment,
or the order of forfeiture.
(b) If, at any time, the charge that the
vehicle operator violated division (A) of section 4511.19 of the
Revised Code or the municipal OMVI ordinance is dismissed for any
reason, the court shall order that the vehicle seized at the time
of the arrest and its license plates immediately
be released to the vehicle owner subject to the payment of
expenses or the vehicle owner's charges incurred in the removal and
storage of the vehicle.
(D) If a vehicle is seized under division (B) of this section the vehicle
operatorOMVI and is not returned or released to the vehicle
owner the vehicle owner's pursuant to division (C) of this section,
the vehicle or its license plates shall be retained until the final
disposition of the charge in
question. Upon the final disposition of that charge, the court
shall do whichever of the following is applicable:
(1) If the vehicle operator is convicted of or pleads
guilty to the violation of division (A) of section 4511.19 of the
Revised Code or of the municipal OMVI ordinance, the court shall
impose sentence upon the vehicle operator as provided by law or
ordinance and, subject to section 4503.235 of the Revised Code,
shall order the immobilization of the vehicle the vehicle operator was
operating at the time of, or that was involved in, the offense and the
impoundment
of its license plates under section 4503.233 and
section 4511.193 or 4511.99 of the Revised Code, or the criminal
forfeiture of the vehicle under section 4503.234 and
section 4511.193 or 4511.99 of the Revised Code, whichever is
applicable.
(2) If the vehicle operator is found not guilty of the
violation of division (A) of section 4511.19 of the Revised Code
or of the municipal OMVI ordinance, the court shall order that
the vehicle and its license plates immediately be
released to the vehicle owner upon the payment of any
expenses or the vehicle owner's charges incurred in its removal and
storage.
(3) If the charge that the vehicle operator violated
division (A) of section 4511.19 of the Revised Code or the
municipal OMVI ordinance is dismissed for any reason, the court
shall order that the vehicle and its license
plates immediately be released to the vehicle owner
upon the payment of any expenses or the vehicle owner's charges
incurred in its removal and storage.
OMVI
(E) If a vehicle is seized under division (B) of this
section, the time between the seizure of the vehicle and either
its release to the vehicle owner the vehicle owner's under division (C)
of this section or the issuance of an order of
immobilization of the vehicle under section 4503.233 of
the Revised Code shall be credited against the period of
immobilization ordered by the court.
(F)(1) The vehicle owner may be charged expenses or charges
incurred in the removal and storage of the immobilized vehicle.
The court with jurisdiction over the case, after notice to all
interested parties, including lienholders, and after an
opportunity for them to be heard, if the vehicle owner fails to
appear in person, without good cause, or if the court finds that
the vehicle owner does not intend to seek release of the vehicle
at the end of the period of immobilization under section 4503.233
of the Revised Code or that the vehicle owner is not or will not
be able to pay the expenses and charges incurred in its removal
and storage, may order that title to the vehicle be transferred,
in order of priority, first into the name of the person or entity
that removed it, next into the name of a lienholder, or lastly
into the name of the owner of the place of storage.
Any lienholder that receives title under a court
order shall do so on the condition that it pay any expenses or
charges incurred in the vehicle's removal and
storage. If the person or entity that receives title to the vehicle
is the person or entity that removed it, the person or entity
shall receive title on the condition that it pay any lien on the
vehicle. The court
shall not order that title be transferred to any person or entity
other than the owner of the place of storage if the person or
entity refuses to receive the title. Any person or entity that
receives title either may keep title to the vehicle or may
dispose of the vehicle in any legal manner that it considers
appropriate, including assignment of the certificate of title to
the motor vehicle to a salvage dealer or a scrap metal processing
facility. The person or entity shall not
transfer the vehicle to the person who is the
vehicle's immediate previous
owner.
If the person or entity assigns the motor vehicle to a
salvage dealer or scrap metal processing facility, the person or
entity shall send the assigned certificate of title to the motor
vehicle to the clerk of the court of common pleas of the county
in which the salvage dealer or scrap metal processing facility
is located. The person or entity shall mark the face of the
certificate of title with the words "for
destruction" and shall deliver a photocopy of
the certificate of title to the salvage dealer or scrap metal
processing facility for its records.
(2) Whenever a court issues an order under division (F)(1)
of this section, the court also shall order removal of the license plates
from the vehicle and cause them to be sent to the registrar of motor
vehicles if they have not already been sent to the registrar.
Thereafter, no further proceedings shall take place under this section or
under section 4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1) of this
section, and upon payment of the fee under division (B) of
section 4505.14 of the Revised Code, any interested party may
cause a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall provide notice
to the vehicle owner, the defendant, any lienholder, and any
other interested parties listed by the initiating party, at the
last known address supplied by the initiating party, by certified
mail or, at the option of the initiating party, by personal
service or ordinary mail.
the vehicle operator
Sec. 4511.196. (A) If a person is arrested for operating
a vehicle while under the influence of alcohol, a drug of abuse,
or alcohol and a drug of abuse or for operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine and regardless of whether the person's driver's or
commercial driver's license or permit or nonresident operating
privilege is or is not suspended under division (E) or (F) of
section 4511.191 of the Revised Code, the person's initial
appearance on the charge resulting from the arrest shall be held
within five days of the person's arrest or the issuance of the
citation to him, subject to any continuance granted by the court
pursuant to division (H)(1) of section 4511.191 of the Revised
Code PERSON.
(B)(1) If a person is arrested as described in division
(A) of this section, if the person's driver's or commercial
driver's license or permit or nonresident operating privilege has
been suspended under division (E) or (F) of section 4511.191 of
the Revised Code in relation to that arrest, if the person at his
initial appearance on the charge resulting from the arrest
appeals the suspension in accordance with division (H)(1) of that
section, and if the judge, referee MAGISTRATE, or mayor at
the initial appearance terminates the suspension in accordance with
division
(H)(2) of that section, the judge, referee MAGISTRATE, or mayor
at the initial appearance may impose a new suspension of the person's
license, permit, or nonresident operating privilege,
notwithstanding the termination of the suspension imposed under
division (E) or (F) of section 4511.191 of the Revised Code, if
the judge, referee MAGISTRATE, or mayor determines at the
initial appearance that the person's continued driving will be a threat to
public safety.
(2) If a person is arrested as described in division (A)
of this section and if the person's driver's or commercial
driver's license or permit or nonresident operating privilege has
not been suspended under division (E) or (F) of section 4511.191
of the Revised Code in relation to that arrest, the judge,
referee MAGISTRATE, or mayor at the person's initial
appearance on the
charge resulting from the arrest may impose a new suspension of
the person's license, permit, or nonresident operating privilege
if the judge, referee, or mayor determines at the initial
appearance that the person's continued driving will be a threat
to public safety.
(C) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (B)(1) or (2) of this section shall be imposed at
the person's initial appearance on the charge resulting from the
arrest and shall continue until the complaint on the charge
resulting from the arrest is adjudicated on the merits by the
judge or referee of the trial court or the mayor of the mayor's
court. A court that imposes a suspension under division (B)(2)
of this section shall send the person's driver's license or
permit to the registrar. If the court possesses the driver's or
commercial driver's license or permit of a person in the category
described in division (B)(2) of this section and the court does
not impose a suspension under division (B)(2) of this section,
the court shall return the license or permit to the person IF THE LICENSE
OR PERMIT HAS NOT OTHERWISE BEEN SUSPENDED OR REVOKED.
Any time during which the person serves a suspension of his THE
PERSON'S
driver's or commercial driver's license or permit or nonresident
operating privilege that is imposed pursuant to division (B)(1)
or (2) of this section shall be credited against any judicial
suspension of his THE PERSON'S license, permit, or nonresident
operating privilege that is imposed pursuant to division (B) of section
4507.16 of the Revised Code.
A suspension imposed pursuant to division (B)(1) or (2) of
this section shall terminate if the person subsequently is found
not guilty of the charge resulting from the arrest.
Sec. 4511.99. (A) Whoever violates division (A) of
section 4511.19 of the Revised Code, in addition to the license
suspension or revocation provided in section 4507.16 of the
Revised Code and any disqualification imposed under section
4506.16 of the Revised Code, shall be punished as provided in
division (A)(1), (2), (3), or (4) of this section.
(1) Except as
otherwise provided in division (A)(2), (3), or (4) of this
section, the offender is guilty of a misdemeanor of the first degree and
the court shall sentence the offender to a term of imprisonment of
three consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. In addition, the court shall impose upon the
offender a fine of not less than two hundred and not more than
one thousand dollars.
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
this division, if the court, in lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. The court also may suspend the
execution of any part of the mandatory three consecutive days of
imprisonment that it is required to impose by this division, if
the court places the offender on probation for part of the three
consecutive days; requires the offender to attend, for that part
of the three consecutive days, a drivers' intervention program
that is certified pursuant to section 3793.10 of the Revised
Code; and sentences the offender to a term of imprisonment equal
to the remainder of the three consecutive days that the offender
does not spend attending the drivers' intervention program. The
court may require the offender, as a condition of probation, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted pursuant
to Chapter 3793. of the Revised Code by the director of alcohol
and drug addiction services, in addition to the required
attendance at a drivers' intervention program, that the operators
of the drivers' intervention program determine that the offender
should attend and to report periodically to the court on the offender's
progress in the programs. The court also may impose any other
conditions of probation on the offender that it considers
necessary.
Of the fine imposed pursuant to this division, twenty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing the operation of a
motor vehicle while under the influence of alcohol, the dangers
of operating a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages.
Twenty-five dollars of the fine imposed pursuant to this division
shall be deposited into the county indigent drivers 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. The balance of the fine shall be
disbursed as otherwise provided by law.
(2)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to one violation 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 offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
THE UNITED STATES OR OF any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the first degree and,
except as provided in this division, the court shall sentence the
offender to a term of imprisonment of ten 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 (A)(8) of this section, the
court may impose upon the offender a sentence consisting of both
a term of imprisonment of five consecutive days and not less than
eighteen consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The five consecutive days of imprisonment and the
period of electronically monitored house arrest shall not exceed
six months. The five consecutive days of imprisonment do not
have to be served prior to or consecutively with the period of
electronically monitored house arrest.
In addition, the court shall impose upon the offender a
fine of not less than three hundred and not more than one
thousand five hundred dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. If the officials of the drivers'
intervention program determine that the offender is alcohol
dependent, they shall notify the court, and the court shall order
the offender to obtain treatment through an alcohol and drug
addiction program authorized by section 3793.02 of the Revised
Code. The cost of the treatment shall be paid by the offender.
Of the fine imposed pursuant to this division, thirty-five
dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Sixty-five dollars of the fine imposed pursuant to
this division shall be paid to the political subdivision
responsible for housing the offender during the offender's
term of
incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate section 4511.19 of the Revised Code
or a substantially similar municipal ordinance and to pay for
ignition interlock devices and electronic house arrest equipment
for persons who violate that section, and shall be paid to the
credit of the fund that pays the cost of the incarceration.
Fifty dollars of the fine imposed pursuant to this division shall
be deposited into the county indigent drivers 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. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) 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 the
penalties imposed under division (A)(2)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
ninety days of the vehicle the offender was operating at the time
of the offense and the impoundment for ninety days of the
identification license plates of that vehicle. The order for the
immobilization and impoundment shall be issued and enforced in
accordance with section 4503.233 of the Revised Code.
(3)(a) Except as otherwise provided in division (A)(4)
of this section, if, within six years of the offense,
the offender
has been convicted of or pleaded guilty to two 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 offender was subject to the sanctions described in division
(D) of that section, section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse,
or a statute of THE UNITED STATES OR OF any other
state or a municipal ordinance of a municipal corporation located in any other
state that is substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, except as provided in this division, the court shall
sentence the offender to a term of imprisonment of thirty 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 (A)(8) of this section, the court may impose
upon the offender a sentence consisting of both a term of
imprisonment of fifteen consecutive days and not less than
fifty-five consecutive days of electronically monitored house
arrest as defined in division (A) of section 2929.23 of the
Revised Code. The fifteen consecutive days of imprisonment and
the period of electronically monitored house arrest shall not
exceed one year. The fifteen consecutive days of imprisonment do
not have to be served prior to or consecutively with the period
of electronically monitored house arrest.
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.
In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by section 3793.02
of the Revised Code. The cost of the treatment shall be paid by
the offender. If the court determines that the offender is
unable to pay the cost of attendance at the treatment
program, the court may order that payment of the cost of the
offender's attendance at the treatment program be made from that
court's indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred
twenty-three dollars shall be paid to an enforcement and
education fund established by the legislative authority of the
law enforcement agency in this state that primarily was
responsible for the arrest of the offender, as determined by the
court that imposes the fine. This share shall be used by the
agency to pay only those costs it incurs in enforcing section
4511.19 of the Revised Code or a substantially similar municipal
ordinance and in informing the public of the laws governing the
operation of a motor vehicle while under the influence of
alcohol, the dangers of operating a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of alcoholic
beverages. Two hundred twenty-seven dollars of the fine imposed
pursuant to this division shall be paid to the political
subdivision responsible for housing the offender during the
offender's term
of incarceration. This share shall be used by the political
subdivision to pay or reimburse incarceration costs it incurs in
housing persons who violate division (A) of section 4511.19 of
the Revised Code or a substantially similar municipal ordinance
and to pay for ignition interlock devices and electronic house
arrest equipment for persons who violate that section and shall
be paid to the credit of the fund that pays the cost of
incarceration. The balance of the fine shall be disbursed as
otherwise provided by law.
(b) 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 the
penalties imposed under division (A)(3)(a) of this section and
all other penalties provided by law and subject to section
4503.235 of the Revised Code, shall order the immobilization for
one hundred eighty days of the vehicle the offender was operating
at the time of the offense and the impoundment for one hundred
eighty days of the identification license plates of that vehicle.
The order for the immobilization and impoundment shall be issued
and enforced in accordance with section 4503.233 of the Revised
Code.
(4)(a) If, within six years of the offense, the offender
has been convicted of or pleaded guilty to 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 offender was subject to the sanctions
described in division (D) of that section, section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of THE UNITED STATES OR
OF any other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, or if the offender previously has
been convicted of or pleaded guilty to a violation of division (A) of section
4511.19 of the Revised Code under circumstances in which the violation was a
felony and regardless of when the violation and the conviction
or guilty plea occurred, the offender is guilty of a felony of
the fourth degree. The court shall sentence the offender in accordance
with sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration of sixty
consecutive days of imprisonment in accordance with division (G)(1)
of section 2929.13 of the Revised Code or a mandatory prison
term of sixty consecutive days of imprisonment in accordance with division
(G)(2) of that section, whichever is applicable. If the offender is
required to serve a mandatory term of local incarceration of sixty consecutive
days of imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 2929.17 of the
Revised Code, may impose upon the
offender a sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house arrest shall
not commence until after the offender has served the mandatory term of local
incarceration.
In addition to all other sanctions imposed, the court shall impose upon
the offender, pursuant to section 2929.18 of the Revised Code, a
fine of not less than seven hundred fifty nor more than ten
thousand dollars.
In addition to any other sanction that it imposes upon
the
offender, the court shall require the offender to attend
an alcohol
and drug addiction program authorized by section 3793.02 of the
Revised Code. The cost of the treatment shall be paid by the
offender. If the court determines that the offender is unable to
pay the cost of attendance at the treatment program, the
court may order that payment of the cost of the offender's
attendance at the treatment program be made from the court's
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, two hundred
ten dollars shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the
arrest of the offender, as determined by the court that imposes
the fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing section 4511.19 of the Revised
Code or a substantially similar municipal ordinance and in
informing the public of the laws governing operation of a motor
vehicle while under the influence of alcohol, the dangers of
operation of a motor vehicle while under the influence of
alcohol, and other information relating to the operation of a
motor vehicle and the consumption of alcoholic beverages. Three
hundred ninety dollars of the fine imposed pursuant to this
division shall be paid to the political subdivision responsible
for housing the offender during the offender's term of
incarceration. This
share shall be used by the political subdivision to pay or
reimburse incarceration costs it incurs in housing persons who
violate division (A) of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance and to pay for ignition
interlock devices and electronic house arrest equipment for
persons who violate that section, and shall be paid to the credit
of the fund that pays the cost of incarceration. The balance of
the fine shall be disbursed as otherwise provided by law.
(b) 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 the
sanctions imposed under division (A)(4)(a) of this
section and
all other sanctions provided by law 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.
(c) As used in division (A)(4)(a) of
this section, "mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section
2929.01 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.
(5)(a) Except as provided in division (A)(5)(b) of this
section, upon a showing that imprisonment would seriously affect
the ability of an offender sentenced pursuant to division (A)(1),
(2), (3), or (4) of this section to continue the offender's
employment, the
court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, ten,
or thirty consecutive days of imprisonment or the
mandatory term of local incarceration of sixty consecutive days that the
court
is required by division (A)(1), (2), (3), or (4) of this section
to impose. No court shall authorize work release from
imprisonment during the three, ten, or thirty consecutive
days of imprisonment or the mandatory term of local incarceration or
mandatory prison term of sixty consecutive
days that the court is required by division
(A)(1), (2), (3), or (4) of this section to impose. 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 place of imprisonment and the time actually spent under
employment.
(b) An offender who is sentenced pursuant to division
(A)(2) or (3) of this section to a term of imprisonment followed
by a period of electronically monitored house arrest is not
eligible for work release from imprisonment, but that person
shall be permitted work release during the period of
electronically monitored house arrest. 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.
(6) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence, the placement of an offender in any treatment
program
in lieu of imprisonment, or the use of a community control sanction for an
offender convicted of a felony, no court shall suspend the
ten or thirty consecutive days of imprisonment required to be imposed on an
offender by division (A)(2) or (3) of this section, no court shall place an
offender who is sentenced pursuant to division (A)(2), (3), or
(4) of this section in any treatment program in lieu of
imprisonment until after the offender has served the ten or thirty consecutive
days of imprisonment or the mandatory term of
local incarceration or mandatory prison term
of sixty consecutive days required to be imposed
pursuant to division (A)(2), (3), or (4) of this section, no court that
sentences an offender under division (A)(4) of this section shall
impose any sanction other than a mandatory term of local incarceration or
mandatory prison term to apply to the
offender until after the offender has served the mandatory term of local
incarceration or mandatory prison term of
sixty consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no
court that imposes a sentence of imprisonment and a period of
electronically monitored house arrest upon an offender under
division (A)(2) or (3) of this section shall suspend any portion
of the sentence or place the offender in any treatment program in
lieu of imprisonment or electronically monitored house arrest.
Notwithstanding any section of the Revised Code that authorizes
the suspension of the imposition or execution of a sentence or
the placement of an offender in any treatment program in lieu of
imprisonment, no court, except as specifically authorized by
division (A)(1) of this section, shall suspend the three
consecutive days of imprisonment required to be imposed by
division (A)(1) of this section or place an offender who is
sentenced pursuant to division (A)(1) of this section in any
treatment program in lieu of imprisonment until after the
offender has served the three consecutive days of imprisonment
required to be imposed pursuant to division (A)(1) of this
section.
(7) No court shall sentence an offender to an alcohol
treatment program pursuant to division (A)(1), (2), (3), or (4)
of this section unless the treatment program complies with the
minimum standards adopted pursuant to Chapter 3793. of the
Revised Code by the director of alcohol and drug addiction
services.
(8) No court shall impose the alternative sentence of a
term of imprisonment of five consecutive days plus not less than
eighteen consecutive days of electronically monitored house
arrest permitted to be imposed by division (A)(2) of this
section, or the alternative sentence of a term of imprisonment of
fifteen consecutive days plus not less than fifty-five
consecutive days of electronically monitored house arrest
permitted to be imposed pursuant to division (A)(3) 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
commence
serving the 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 a term of imprisonment and a term of electronically monitored
house arrest permitted to be imposed by division (A)(2) or (3) of
this section.
(B) Whoever violates section 4511.192, 4511.251, or
4511.85 of the Revised Code is guilty of a misdemeanor of the
first degree. 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 section
4511.192 of the Revised Code.
(C) Whoever violates section 4511.63, 4511.76, 4511.761,
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is
guilty of one of the following:
(1) Except as otherwise provided in division (C)(2) of
this section, a minor misdemeanor.
(2) If the offender previously has been convicted of
or pleaded guilty to one or more violations of
section 4511.63, 4511.76,
4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised
Code or a municipal ordinance that is substantially similar to
any of those sections, a
misdemeanor
of the fourth degree.
(D)(1) Whoever violates any provision of sections 4511.01
to 4511.76 or section 4511.84 of the Revised Code, for which no
penalty otherwise is provided in this section is guilty of one of
the following:
(a) Except as otherwise provided in division
(D)(1)(b), (1)(c), (2), or (3) of this section,
a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one violation of any provision of
sections
4511.01 to 4511.76 or section 4511.84 of the Revised Code for
which no penalty otherwise is provided in this section or
a
municipal ordinance that is substantially similar to any
provision of sections 4511.01 to 4511.76 or section 4511.84 of
the Revised Code for which no penalty otherwise is provided in
this section, a
misdemeanor of the fourth
degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
violations of any provision described in division (D)(1)(b)
of
this section or any municipal ordinance that is substantially
similar to any of those provisions, a misdemeanor of the third
degree.
(2) When any person is found guilty of a first offense for
a violation of section 4511.21 of the Revised Code upon a finding
that the person operated a motor vehicle faster than
thirty-five miles an
hour in a business district of a municipal corporation, or faster
than fifty miles an hour in other portions, or faster than
thirty-five miles an hour while passing through a school zone
during recess or while children are going to or leaving school
during the opening or closing hours, the person is guilty of a
misdemeanor of the fourth degree.
(3) Notwithstanding section 2929.21 of the Revised Code,
upon a finding that such person operated a motor vehicle in a
construction zone where a sign was then posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to
all other penalties provided by law, shall impose a fine of two
times the usual amount imposed for the violation. No court shall
impose a fine of two times the usual amount imposed for the
violation upon an offender who alleges, in an affidavit filed
with the court prior to the offender's sentencing, that the offender is
indigent and is unable to pay the fine imposed pursuant to this division,
provided the court determines the offender is an indigent person
and is unable to pay the fine.
(E) Whenever a person is found guilty in a court of record
of a violation of section 4511.761, 4511.762, or 4511.77 of the
Revised Code, the trial judge, in addition to or independent of
all other penalties provided by law, 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.
(F) Whoever violates division (E) or (F) of section
4511.51, division (A), (D), or (E) of section 4511.521, section
4511.681, division (A), (C), or (F) of section 4511.69, section
4511.772, or division (A) or (B) of section 4511.82 of the
Revised Code is guilty of a minor misdemeanor.
(G) Whoever violates division (A) of section 4511.75 of
the Revised Code may be fined an amount not to exceed five
hundred dollars. A person who is issued a citation for a
violation of division (A) of section 4511.75 of the Revised Code
is not permitted to enter a written plea of guilty and waive the person's
right to contest the citation in a trial, but instead must appear
in person in the proper court to answer the charge.
(H)(1) Whoever is a resident of this state and violates
division (A) or (B) of section 4511.81 of the Revised Code shall
be punished as follows:
(a) Except as otherwise provided in division (H)(1)(b) of this section, the
offender is guilty of a
minor misdemeanor.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) or (B) of section 4511.81 of the
Revised Code or of a municipal
ordinance that is substantially similar to either of those
divisions, the offender is guilty of a misdemeanor of the fourth
degree.
(2) Whoever is not a resident of this state, violates
division (A) or (B) of section 4511.81 of the Revised Code, and
fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in accordance
with the law
of the state of which the offender is a resident is guilty of
a minor
misdemeanor on a first offense; on a second or subsequent
offense, that person is guilty of a misdemeanor of the fourth
degree.
(3) Sixty-five per cent of every fine imposed pursuant to
division (H)(1) or (2) of this section shall be forwarded to the
treasurer of state for deposit in the "child highway safety fund"
created by division (G) of section 4511.81 of the Revised Code.
The balance of the fine shall be disbursed as otherwise provided
by law.
(I) Whoever violates section 4511.202 of the Revised Code
is guilty of operating a motor vehicle without being in control
of it, a minor misdemeanor.
(J) Whoever violates division (B) of section 4511.74,
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of
section 4511.83 of the Revised Code is guilty of a misdemeanor of
the first degree.
(K) Except as otherwise provided in this division, whoever
violates division (E) of section 4511.11, division (A) or (C) of
section 4511.17, or section 4511.18 of the Revised Code is guilty
of a misdemeanor of the third degree. If a violation of division
(A) or (C) of section 4511.17 of the Revised Code creates a risk
of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. A violation of division (A) or
(C) of section 4511.17 of the Revised Code that causes serious
physical harm to property that is owned, leased, or controlled by
a state or local authority is a felony of the fifth
degree.
(L) Whoever violates division (H) of section 4511.69 of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in
division (L)(2) of this section, the offender shall be
issued a warning.
(2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of section 4511.69
of the Revised Code or of a municipal ordinance that is
substantially similar to that division, the offender shall not be issued a
warning but shall be fined twenty-five dollars for each parking location
that is not
properly marked or whose markings are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section
4511.45 of the Revised Code is guilty of a misdemeanor of the
fourth degree on a first offense; on a second offense within one
year after the first offense, the person is guilty of a
misdemeanor of the third degree; and on each subsequent offense
within one year after the first offense, the person is guilty of
a misdemeanor of the second degree.
(N)(1) Whoever violates division (B) of section 4511.19
of the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows:
(a) Except as otherwise provided in division
(N)(1)(b) of this section, the offender is guilty of
a
misdemeanor of the fourth degree.
(b) If, within one year of the offense, the offender has
been convicted of or pleaded guilty to any violation 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
offender was subject to the sanctions described in division (D)
of that section, section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute of
THE UNITED STATES OR OF any other state or a
municipal ordinance of a municipal corporation located in any other state that
is substantially similar to division (A) or (B) of section 4511.19 of the
Revised Code, the offender is guilty of a misdemeanor of the third degree.
(2) In addition to or independent of all other penalties
provided by law, the offender's driver's or commercial driver's
license or permit or nonresident operating privilege shall be
suspended in accordance with, and for the period of time
specified in, division (E) of section 4507.16 of the Revised
Code.
Sec. 4513.61. The sheriff of a county or chief of police
of a municipal corporation, township, or township police
district, within the sheriff's or chief's respective
territorial jurisdiction, or a
state highway patrol trooper, upon notification to the sheriff or
chief of police of such action and of the location of the place
of storage, may order into storage any motor vehicle, other than
an abandoned junk motor vehicle as defined in section 4513.63 of
the Revised Code, which THAT HAS COME INTO THE POSSESSION OF THE
SHERIFF, CHIEF OF POLICE, OR STATE HIGHWAY PATROL TROOPER AS A RESULT OF THE
PERFORMANCE OF THE SHERIFF'S, CHIEF'S, OR TROOPER'S DUTIES OR THAT has
been left on a public street or other property open to the public for purposes
of vehicular travel, or upon or within the right-of-way of any road or
highway, for forty-eight hours or longer without notification to the
sheriff or chief of police of the reasons for leaving the motor vehicle
in such place. The sheriff or chief of police shall designate
the place of storage of any motor vehicle so ordered removed.
The sheriff or chief of police immediately shall cause a
search to be made of the records of the bureau of motor vehicles
to ascertain the owner and any lienholder of a motor vehicle
ordered into storage by the sheriff or chief of police, or by a
state highway patrol trooper, and, if known, shall send or cause to be
sent notice to the owner or lienholder at the owner's or
lienholder's last known address by
certified mail with return receipt requested, that the motor vehicle will
be declared a nuisance and disposed of if not claimed within ten
days of the date of mailing of the notice. The owner or
lienholder of the motor vehicle may reclaim it upon payment of
any expenses or charges incurred in its removal and storage, and
presentation of proof of ownership, which may be evidenced by a
certificate of title to the motor vehicle. If the owner or lienholder of
the motor vehicle reclaims it after a
search of the records of the bureau has been conducted and after notice has
been sent to the owner or lienholder as described in this section, and the
search was conducted by the owner of the place of storage or the owner's
employee, and the notice was sent to the motor vehicle owner by the owner of
the place of storage or the owner's employee, the owner or lienholder shall
pay to the place of storage a processing fee of twenty-five
dollars, in addition to any expenses or charges incurred in the removal and
storage of the vehicle.
If the owner or lienholder makes no claim to the motor
vehicle within ten days of the date of mailing of the notice, and
if the vehicle is to be disposed of at public auction as provided
in section 4513.62 of the Revised Code, the sheriff or chief of
police shall file with the clerk of courts of the county in which
the place of storage is located an affidavit showing compliance
with the requirements of this section. Upon presentation of the
affidavit, the clerk, without charge,
shall issue a salvage certificate of title, free and clear of all liens
and encumbrances, to the sheriff or chief of police. If the vehicle
is to be disposed of to a motor vehicle salvage dealer or other
facility as provided in section 4513.62 of the Revised Code, the
sheriff or chief of police shall execute in triplicate an
affidavit, as prescribed by the registrar of motor vehicles,
describing the motor vehicle and the manner in which it was
disposed of, and that all requirements of this section have been
complied with. The sheriff or chief of police shall retain the
original of the affidavit for the sheriff's or chief's
records, and shall furnish two
copies to the motor vehicle salvage dealer or other facility. Upon
presentation of a copy of the affidavit by the motor vehicle
salvage dealer, the clerk of courts shall issue to such owner a
salvage certificate of title, free and clear of all liens and
encumbrances.
Whenever a motor vehicle salvage dealer or other facility
receives an affidavit for the
disposal of a motor vehicle as
provided in this section, the dealer or facility
shall not be required to
obtain an Ohio certificate of title to the motor vehicle in the
dealer's or facility's own name if the vehicle is dismantled or destroyed
and both copies of the affidavit are delivered to the clerk of courts.
Sec. 4513.63. "Abandoned junk motor vehicle" means any
motor vehicle meeting all of the following requirements:
(A) Left on private property for more than seventy-two
hours without the permission of the person having the right to
the possession of the property, on a public street or other
property open to the public for purposes of vehicular travel or
parking, or upon or within the right-of-way of any road or
highway, for forty-eight hours or longer;
(B) Three years old, or older;
(C) Extensively damaged, such damage including but not
limited to any of the following: missing wheels, tires, motor,
or transmission;
(D) Apparently inoperable;
(E) Having a fair market value of four ONE THOUSAND FIVE
hundred dollars or less.
The sheriff of a county or chief of police of a municipal
corporation, township, or township police district, within his THE
SHERIFF'S OR CHIEF'S respective territorial jurisdiction, or a state
highway patrol trooper, upon notification to the sheriff or chief of police of
such action, shall order any abandoned junk motor vehicle to be
photographed by a law enforcement officer. The officer shall
record the make of motor vehicle, the serial number when
available, and shall also detail the damage or missing equipment
to substantiate the value of four ONE THOUSAND FIVE hundred
dollars or less. The sheriff or chief of police shall thereupon immediately
dispose of the abandoned junk motor vehicle to a motor vehicle salvage
dealer as defined in section 4738.01 of the Revised Code or a
scrap metal processing facility as defined in section 4737.05 of
the Revised Code which is under contract to the county, township,
or municipal corporation, or to any other facility owned by or
under contract with the county, township, or municipal
corporation for the destruction of such motor vehicles. The
records and photograph relating to the abandoned junk motor
vehicle shall be retained by the law enforcement agency ordering
the disposition of such vehicle for a period of at least two
years. The law enforcement agency shall execute in quadruplicate
an affidavit, as prescribed by the registrar of motor vehicles,
describing the motor vehicle and the manner in which it was
disposed of, and that all requirements of this section have been
complied with, and shall sign and file the same with the clerk of
courts of the county in which the motor vehicle was abandoned.
The clerk of courts shall retain the original of the affidavit
for his THE CLERK'S files, shall furnish one copy thereof to the
registrar, one copy to the motor vehicle salvage dealer or other facility
handling the disposal of the vehicle, and one copy to the law
enforcement agency ordering the disposal, who shall file such
copy with the records and photograph relating to the disposal.
Any moneys arising from the disposal of an abandoned junk motor
vehicle shall be deposited in the general fund of the county,
township, or the municipal corporation, as the case may be.
Notwithstanding section 4513.61 of the Revised Code, any
motor vehicle meeting the requirements of divisions (C), (D), and
(E) of this section which has remained unclaimed by the owner or
lienholder for a period of ten days or longer following
notification as provided in section 4513.61 of the Revised Code
may be disposed of as provided in this section.
Section 2. That existing sections 1905.01, 2919.22, 4501.01, 4501.021,
4501.15,
4503.10, 4503.103, 4503.12, 4503.19, 4503.27, 4503.301, 4503.31,
4503.311, 4503.312, 4503.33, 4503.84, 4505.07, 4505.08, 4506.01,
4506.08, 4506.14, 4507.01, 4507.02, 4507.021, 4507.022, 4507.08,
4507.09, 4507.10, 4507.13, 4507.14, 4507.16, 4507.162, 4507.163,
4507.169, 4507.50, 4507.52, 4509.06, 4509.31, 4511.191,
4511.193, 4511.195, 4511.196, 4511.99, 4513.61, and 4513.63 and section
4509.09 of the Revised Code are hereby repealed.
Section 3. Section 4507.021 of the Revised Code is amended by this act and
also by Am. Sub. H.B. 438 of the 121st General Assembly, effective July 1,
1997. The amendments of Am. Sub. H.B. 438 are included in this act to confirm
the intention to retain them, but are not intended to be effective until July
1, 1997.
Section 4. (A) Section 2919.22 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 353 and Am. Sub. S.B. 269 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters.
Sections 4503.10 and 4503.12 of the Revised Code are presented in this act
as a composite of the sections as amended by both
Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters. Section 4507.02 of the
Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 20 and Am. Sub. H.B. 687 of the 120th General Assembly, with the
new language of
neither of the acts shown in capital letters. Section 4507.16 of the Revised
Code is presented in this act
as a composite of the section as amended by Am. Sub. H.B. 353, Am. Sub. S.B.
166, Am. Sub. S.B. 269, and Am. Sub. H.B. 676
of the 121st General Assembly, with the new language of
none of the acts shown in capital letters. Sections 4511.191, 4511.193,
and 4511.195 of the Revised Code are presented in this act as a composite of
the sections as amended by both
Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 121st General Assembly, with
the new language of
none 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 the effective date of this act.
(B) Section 4507.021 of the Revised Code is presented in this act
as a composite of the section as amended by both Am. Sub. H.B. 353 and Am.
Sub. H.B. 438 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 on July 1, 1997.
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