130th Ohio General Assembly
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As Introduced

123rd General Assembly
Regular Session
1999-2000
H. B. No. 600

REPRESENTATIVE CLANCY


A BILL
To amend sections 4501.27, 4503.07, 4506.01, 4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 4513.071, 4513.20, 4513.261, and 5577.11, and to enact sections 4506.011 and 4507.101 of the Revised Code to revise the law governing the disclosure of personal information from records of the Bureau of Motor Vehicles, to allow driver's license reciprocity with foreign countries, to make changes in Commercial Motor Vehicle Law and vehicle equipment requirements, and to make other changes in the law governing drivers' licenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:


Section 1. That sections 4501.27, 4503.07, 4506.01, 4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 4513.071, 4513.20, 4513.261, and 5577.11 be amended and sections 4506.011 and 4507.101 of the Revised Code be enacted to read as follows:

Sec. 4501.27. (A) Except as provided in division (B) of this section, on and after September 13, 1997, the registrar of motor vehicles, and any employee or contractor of the bureau of motor vehicles, shall not knowingly disclose or otherwise make available to any person or entity any personal information about an individual that the bureau obtained in connection with a motor vehicle record.

(B)(1) On and after September 13, 1997, the registrar, or an employee or contractor of the bureau of motor vehicles, shall disclose personal information, OTHER THAN SENSITIVE PERSONAL INFORMATION, about an individual that the bureau obtained in connection with a motor vehicle record, for use in connection with any of the following matters to carry out the purposes of any specified federal automobile-related act:

(a) Motor vehicle or driver safety and theft;

(b) Motor vehicle emissions;

(c) Motor vehicle product alterations, recalls, or advisories;

(d) Performance monitoring of motor vehicles and dealers by motor vehicle manufacturers;

(e) Removal of non-owner records from the original owner records of motor vehicle manufacturers.

(2) In addition to the disclosure required under division (B)(1) of this section, on and after September 13, 1997, the registrar, or an employee or contractor of the bureau of motor vehicles, may disclose personal information about an individual that the bureau obtained in connection with a motor vehicle record, as follows:

(a) For the use of a government agency, including, but not limited to, a court or law enforcement agency, in carrying out its functions, or for the use of a private person or entity acting on behalf of an agency of this state, another state, the United States, or a political subdivision of this state or another state in carrying out its functions;

(b) For use in connection with matters regarding motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including, but not limited to, survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers;

(c) For use in the normal course of business by a legitimate business or an agent, employee, or contractor of a legitimate business, but only for one of the following purposes:

(i) To verify the accuracy of personal information submitted to the business, agent, employee, or contractor by an individual;

(ii) If personal information submitted to the business, agent, employee, or contractor by an individual is incorrect or no longer is correct, to obtain the correct information, but only for the purpose of preventing fraud, by pursuing legal remedies against, or recovering on a debt or security interest against, the individual.

(d) For use in connection with a civil, criminal, administrative, or arbitral proceeding in a court or agency of this state, another state, the United States, or a political subdivision of this state or another state or before a self-regulatory body, including, but not limited to, use in connection with the service of process, investigation in anticipation of litigation, or the execution or enforcement of a judgment or order;

(e) Pursuant to an order of a court of this state, another state, the United States, or a political subdivision of this state or another state;

(f) For use in research activities or in producing statistical reports, provided the personal information is not published, redisclosed, or used to contact an individual;

(g) For use by an insurer, insurance support organization, or self-insured entity, or by an agent, employee, or contractor of that type of entity, in connection with any claims investigation activity, anti-fraud activity, rating, or underwriting;

(h) For use in providing notice to the owner of a towed, impounded, immobilized, or forfeited vehicle;

(i) For use by any licensed private investigative agency or licensed security service for any purpose permitted under division (B)(2) of this section;

(j) For use by an employer or by the agent or insurer of an employer to obtain or verify information relating to the holder of a commercial driver's license or permit that is required under the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-170, 49 U.S.C. 2701, et seq., as now or hereafter amended;

(k) For use in connection with the operation of a private toll transportation facility;

(l) For any use not otherwise identified in division (B)(2) of this section that is in response to a request for individual motor vehicle records, if the bureau of motor vehicles has provided both of the following in a clear and conspicuous manner on forms for the issuance or renewal of driver's or commercial driver's licenses, motor vehicle certificates of title, motor vehicle registrations and identification license plates, and identification cards:

(i) Notice that personal information collected by the bureau on or in relation to the forms may be disclosed to any person;

(ii) An opportunity for an individual who WHOSE PERSONAL INFORMATION IS REQUESTED completes and submits any of the forms TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT to prohibit SUCH disclosures.

(m) For bulk distribution for surveys, marketing, or solicitations, if the bureau of motor vehicles has implemented methods and procedures to ensure all of the following:

(i) That individuals are provided, in a clear and conspicuous manner, an opportunity to prohibit uses of this nature and, when a transaction is performed in person, the individual is given verbal notice that personal information collected by the bureau on or in relation to the forms for the issuance or renewal of a driver's or commercial driver's license, a motor vehicle certificate of title, a motor vehicle registration and license plates, and an identification card may be disclosed for uses of this nature;

(ii) The information will be used, rented, or sold solely for bulk distribution for surveys, marketing, or solicitations, and that those surveys, marketing, and solicitations will not be directed at an individual who has requested in a timely fashion that the surveys, marketing, and solicitations not be directed at that individual WHOSE PERSONAL INFORMATION IS REQUESTED COMPLETES AND SUBMITS TO THE REGISTRAR OR A DEPUTY REGISTRAR A FORM PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO SUCH DISCLOSURES.

(n) For use by a person, state, or state agency that requests the information, if the person, state, or state agency demonstrates that it has obtained the written consent of the individual to whom the information pertains;

(o) For any other use specifically authorized by law that is related to the operation of a motor vehicle or to public safety.

(3)(a) IN ADDITION TO THE DISCLOSURE REQUIRED UNDER DIVISION (B)(1) OF THIS SECTION, THE REGISTRAR, OR AN EMPLOYEE OR CONTRACTOR OF THE BUREAU OF MOTOR VEHICLES, MAY DISCLOSE SENSITIVE PERSONAL INFORMATION ABOUT AN INDIVIDUAL THAT THE BUREAU OBTAINED IN CONNECTION WITH A MOTOR VEHICLE RECORD, IF EITHER OF THE FOLLOWING CONDITIONS ARE SATISFIED:

(i) THE INDIVIDUAL WHOSE PERSONAL INFORMATION IS REQUESTED COMPLETES AND SUBMITS TO THE REGISTRAR OR DEPUTY REGISTRAR A FORM PRESCRIBED BY THE REGISTRAR BY RULE GIVING EXPRESS CONSENT TO SUCH DISCLOSURE;

(ii) THE DISCLOSURE IS FOR ONE OR MORE OF THE PURPOSES DESCRIBED IN DIVISION (B)(2)(a), (d), (g), OR (j) OF THIS SECTION.

(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO THE DISCLOSURE OF SENSITIVE PERSONAL INFORMATION THAT IS SUBJECT TO SECTION 4501.15 OR 4507.53 OF THE REVISED CODE.

(C) On and after September 13, 1997, an authorized recipient of personal information about an individual that the bureau of motor vehicles obtained in connection with a motor vehicle record, other than a recipient under division (B)(2)(l) or (m) of this section, may resell or redisclose the personal information only for a use permitted under division (B)(1), (B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On and after September 13, 1997, an authorized recipient of personal information about an individual under division (B)(2)(l) of this section may resell or redisclose the information for any purpose. On and after September 13, 1997, an authorized recipient of personal information under division (B)(2)(m) of this section may resell or redisclose the information as specified pursuant to that division. On and after September 13, 1997, an authorized recipient of personal information about an individual under division (B) of this section, other than a recipient under division (B)(2)(l) of this section, that resells or rediscloses any personal information covered by this section must keep for a period of five years a record that identifies each person or entity that receives any of the personal information and the permitted purpose for which the information is to be used, and must make all such records available to the registrar of motor vehicles upon the registrar's request.

(D) The registrar may establish and carry out procedures under which the registrar or the registrar's agents, upon receipt of a request for personal information on or after September 13, 1997, that does not satisfy any of the criteria for disclosure of the information that are set forth in division (B)(1) or (2) of this section, may notify the individual about whom the information was requested, by regular mail, that the request was made. Any procedures so adopted shall provide that, if the registrar or an agent of the registrar mails the notice to the individual, the registrar or agent shall include with the notice a copy of the request and conspicuously shall include in the notice a statement that the information will not be released unless the individual waives the individual's right to privacy regarding the information that is granted under this section.

(E) The registrar of motor vehicles may adopt any forms and rules, consistent with but no more restrictive than the requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 2721-2725, that are necessary to carry out the registrar's duties under this section on and after September 13, 1997.

(F) Divisions (A) to (E) of this section do not apply to the release of any personal information prior to September 13, 1997.

(G) As used in this section:

(1) "Motor vehicle record" means a record that pertains to a motor vehicle driver's or commercial driver's license or permit, a motor vehicle certificate of title, a motor vehicle registration or motor vehicle identification license plates, or an identification card issued by the bureau of motor vehicles.

(2) "Person" has the same meaning as in section 1.59 of the Revised Code and does not include this state, another state, or an agency of this state or another state.

(3) "Personal information" means information that identifies an individual, including, but not limited to, an individual's photograph or digital image, social security number, driver or driver's license identification number, name, telephone number, or medical or disability information, or an individual's address other than the five-digit zip code number. "Personal information" does not include information pertaining to a vehicular accident, driving or traffic violation, or driver's status.

(4) "Specified federal automobile-related act" means the "automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 1231-1233, the "Motor Vehicle Information and Cost Saving Act," 86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 U.S.C. 7401, et seq., all as now or hereafter amended.

(5) "SENSITIVE PERSONAL INFORMATION" MEANS AN INDIVIDUAL'S PHOTOGRAPH OR DIGITAL IMAGE, SOCIAL SECURITY NUMBER, OR MEDICAL OR DISABILITY INFORMATION.

Sec. 4503.07. In lieu of the schedule of rates for commercial cars fixed in section 4503.04 of the Revised Code, the fee shall be ten dollars for each church bus used exclusively to transport members of a church congregation to and from church services or church functions or to transport children and their authorized supervisors to and from any camping function sponsored by a nonprofit, tax-exempt, charitable or philanthropic organization. A church within the meaning of this section is an organized religious group, duly constituted with officers and a board of trustees, regularly holding religious services, and presided over or administered to by a properly accredited ecclesiastical officer, whose name and standing is published in the official publication of the officer's religious group.

The application for registration of such bus shall be accompanied by both of the following, AS APPLICABLE:

(A) An affidavit, prescribed by the registrar of motor vehicles and signed by either the senior pastor, minister, priest, or rabbi of the church making application or by the head of the governing body of the church making application, stating that the bus is to be used exclusively to transport members of a church congregation to and from church services or church functions or to transport children and their authorized supervisors to and from any camping function sponsored by a nonprofit, tax-exempt, charitable, or philanthropic organization;

(B) A certificate from the state highway patrol stating that the bus involved is safe for operation in accordance with such standards as are prescribed by the state highway patrol IF THE BUS MEETS EITHER OF THE FOLLOWING:

(1) IT ORIGINALLY WAS DESIGNED BY THE MANUFACTURER TO TRANSPORT SIXTEEN OR MORE PASSENGERS, INCLUDING THE DRIVER;

(2) IT HAS A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND ONE POUNDS OR MORE.

The form of the license plate and the manner of its attachment to the vehicle shall be prescribed by the registrar.

Sec. 4506.01. As used in this chapter:

(A) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath, or urine. When expressed as a percentage, it means grams of alcohol per the following:

(1) One hundred milliliters of blood;

(2) Two hundred ten liters of breath;

(3) One hundred milliliters of urine.

(B) "School bus" has the same meaning as in section 4511.01 of the Revised Code.

(C) "Commercial driver's license" means a license issued in accordance with this chapter that authorizes an individual to drive a commercial motor vehicle.

(D) "Commercial driver license information system" means the information system established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App. 2701.

(E) Except when used in section 4506.25 of the Revised Code, "commercial motor vehicle" means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:

(1) Any combination of vehicles with a combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;

(2) Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of ten thousand pounds;

(3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but that either is designed to transport sixteen or more passengers including the driver, or is placarded for hazardous materials;

(4) Any school bus with a gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;

(5) Is transporting hazardous materials for which placarding is required by regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended;

(6) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the federal highway administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.

(F) "Controlled substance" means all of the following:

(1) Any substance classified as a controlled substance under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended;

(2) Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended;

(3) Any drug of abuse.

(G) "Conviction" means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law EITHER in a court of original jurisdiction, OR BY AN AUTHORIZED ADMINISTRATIVE AGENCY OR OFFICER, 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 4729.01 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) Except when used in sections 4506.25 and 4506.26 of the Revised Code, "out-of-service order" means a temporary prohibition against driving a commercial motor vehicle issued under this chapter or a similar law of another state or of a foreign jurisdiction.

(U) "Residence" means any person's residence determined in accordance with standards prescribed in rules adopted by the registrar.

(V) "Temporary residence" means residence on a temporary basis as determined by the registrar in accordance with standards prescribed in rules adopted by the registrar.

(W) "Serious traffic violation" means a conviction arising from the operation of a commercial motor vehicle that involves any of the following:

(1) A single charge of any speed that is in excess of the posted speed limit by an amount specified by the United States secretary of transportation and that the director of public safety designates as such by rule;

(2) Violation of section 4511.20, 4511.201, or 4511.202 of the Revised Code or any similar ordinance or resolution, or of any similar law of another state or political subdivision of another state;

(3) Violation of a law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any similar law of another state or political subdivision of another state, that results in a fatal accident;

(4) Violation of any other law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, that is determined to be a serious traffic violation by the United States secretary of transportation and the director designates as such by rule.

(X) "State" means a state of the United States and includes the District of Columbia.

(Y) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid MATERIAL WITH A MAXIMUM NET MASS GREATER THAN ONE HUNDRED NINETEEN GALLONS or gaseous materials MATERIAL WITH A WATER CAPACITY GREATER THAN ONE THOUSAND POUNDS within a tank that is either permanently or temporarily attached to the vehicle or its chassis, but. "TANK VEHICLE" does not include any EITHER OF THE FOLLOWING:

(1) ANY portable tank having a rated capacity of less than one thousand gallons;

(2) TANKS USED EXCLUSIVELY AS A FUEL TANK FOR THE MOTOR VEHICLE TO WHICH IT IS ATTACHED.

(Z) "United States" means the fifty states and the District of Columbia.

(AA) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code.

(BB) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(CC) "PORTABLE TANK" MEANS A LIQUID OR GASEOUS PACKAGING DESIGNED PRIMARILY TO BE LOADED ON OR TEMPORARILY ATTACHED TO A VEHICLE AND EQUIPPED WITH SKIDS, MOUNTINGS, OR ACCESSORIES TO FACILITATE HANDLING OF THE TANK BY MECHANICAL MEANS.

Sec. 4506.011. FOR PURPOSES OF THIS CHAPTER, THE ACTUAL GROSS WEIGHT OF A VEHICLE OR COMBINATION OF VEHICLES MAY BE USED IN LIEU OF A GROSS VEHICLE WEIGHT RATING TO DETERMINE WHETHER A VEHICLE OR COMBINATION OF VEHICLES QUALIFIES AS A COMMERCIAL MOTOR VEHICLE IF THE GROSS VEHICLE WEIGHT RATING SPECIFIED BY THE MANUFACTURER FOR THE VEHICLE OR COMBINATION OF VEHICLES IS NOT DETERMINABLE, OR IF THE MANUFACTURER OF THE VEHICLE HAS NOT SPECIFIED A GROSS VEHICLE WEIGHT RATING.

Sec. 4506.13. (A) The registrar may authorize the highway patrol OR ANY OTHER EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY to issue an examiner's commercial examinations passed form to an applicant who has passed the required examinations. The examiner's commercial examinations passed form shall be used, once it has been validated, to indicate the examinations taken and passed by the commercial driver's license applicant.

(B) Before issuing a commercial driver's license, the registrar of motor vehicles shall obtain information about the applicant's driving record through the commercial driver license information system, when available, and the national driver register. If the record check reveals information that the applicant claims is outdated, contested, or invalid, the registrar shall deny the application until the applicant can resolve the conflict.

Within ten days after issuing a commercial driver's license, the registrar shall notify the commercial driver license information system, when available, of that fact and shall provide all information required to ensure identification of the licensee.

Sec. 4506.16. (A) Whoever violates division (A) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, immediately shall be placed out-of-service for twenty-four hours, in addition to any disqualification required by this section and any other penalty imposed by the Revised Code.

(B) The registrar of motor vehicles shall disqualify any person from operating a commercial motor vehicle as follows:

(1) Upon a first conviction for a violation of divisions (B) to (G) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, one year, in addition to any other penalty imposed by the Revised Code;

(2) Upon a first conviction for a violation of division (H) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, three years, in addition to any other penalty imposed by the Revised Code;

(3) Upon a second conviction for a violation of divisions (B) to (G) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, or any combination of such violations arising from two or more separate incidents, the person shall be disqualified for life or for any other period of time as determined by the United States secretary of transportation and designated by the director of public safety by rule, in addition to any other penalty imposed by the Revised Code;

(4) Upon conviction of a violation of division (E) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction in connection with the manufacture, distribution, or dispensing of a controlled substance or the possession with intent to manufacture, distribute, or dispense a controlled substance, the person shall be disqualified for life, in addition to any other penalty imposed by the Revised Code;

(5) Upon conviction of two serious traffic violations involving the operation of a commercial motor vehicle by the person and arising from separate incidents occurring in a three-year period, the person shall be disqualified for sixty days, in addition to any other penalty imposed by the Revised Code;

(6) Upon conviction of three serious traffic violations involving the operation of a commercial motor vehicle by the person and arising from separate incidents occurring in a three-year period, the person shall be disqualified for one hundred twenty days, in addition to any other penalty imposed by the Revised Code.

(C) For the purposes of this section, conviction of a violation for which disqualification is required may be evidenced by any of the following:

(1) A judgment entry of a court of competent jurisdiction in this or any other state;

(2) An administrative order of a state agency of a THIS OR ANY OTHER state other than Ohio having statutory jurisdiction over commercial drivers;

(3) A computer record obtained from or through the commercial driver's license information system;

(4) A computer record obtained from or through a state agency of a THIS OR ANY OTHER state other than Ohio having statutory jurisdiction over commercial drivers or the records of commercial drivers.

(D) Any record described in division (C) of this section shall be deemed to be self-authenticating when it is received by the bureau of motor vehicles.

(E) When disqualifying a driver, the registrar shall cause the records of the bureau to be updated to reflect that action within ten days after it occurs.

(F) The registrar immediately shall notify a driver who is finally convicted of any offense described in section 4506.15 of the Revised Code or division (B)(4), (5), or (6) of this section and thereby is subject to disqualification, of the offense or offenses involved, of the length of time for which disqualification is to be imposed, and that the driver may request a hearing within thirty days of the mailing of the notice to show cause why the driver should not be disqualified from operating a commercial motor vehicle. If a request for such a hearing is not made within thirty days of the mailing of the notice, the order of disqualification is final. The registrar may designate hearing examiners who, after affording all parties reasonable notice, shall conduct a hearing to determine whether the disqualification order is supported by reliable evidence. The registrar shall adopt rules to implement this division.

(G) Any person who is disqualified from operating a commercial motor vehicle under this section may apply to the registrar for a driver's license to operate a motor vehicle other than a commercial motor vehicle, provided the person's commercial driver's license is not otherwise suspended or revoked. A person whose commercial driver's license is suspended or revoked shall not apply to the registrar for or receive a driver's license under Chapter 4507. of the Revised Code during the period of suspension or revocation.

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

(B) Except as provided in section 4507.12 of the Revised Code, the registrar may waive the examination of any person applying for the renewal of a driver's license or motorcycle operator's endorsement issued under this chapter, provided that IF the applicant PERSON presents AND SURRENDERS 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. EXCEPT AS PROVIDED IN SECTION 4507.12 of the Revised Code, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY PERSON APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS AND SURRENDERS A VALID LICENSE ISSUED BY ANOTHER STATE AND THE LICENSE IS UNEXPIRED OR EXPIRED NOT MORE THAN SIX MONTHS.

(C) The registrar may waive the examination of any person applying for the renewal of such a license or endorsement who is on active duty in the armed 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 the applicant's driving ability, had a valid Ohio driver's or commercial driver's license at the time 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. The registrar also may waive the examination of the spouse or a dependent of any such person on active duty or in service if the applicant has no physical or mental disabilities that would affect his THE APPLICANT'S driving ability, was an Ohio licensee at the time the person commenced the active duty or service, and if the person's active duty caused the spouse or dependent to relocate outside of this state during the period of the active duty or service.

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

(1) Has been on active duty in the armed forces of the United States, presents an honorable discharge certificate showing that the applicant has no physical or mental disabilities that would affect the applicant's driving ability, had a valid Ohio driver's or commercial driver's license at the time the applicant commenced his THE APPLICANT'S 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 his THE APPLICANT'S service as the registrar prescribes showing that the applicant has no physical or mental disabilities that would affect THE applicant's driving ability; had a valid Ohio driver's or commercial driver's license at the time the applicant commenced his THE APPLICANT'S 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.

(3) Is the spouse or a dependent of a person on active duty in the armed 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; presents such evidence as the registrar prescribes showing that the applicant has no physical or mental disabilities that would affect his driving ability; presents such evidence as the registrar prescribes showing that the applicant relocated outside of Ohio as a result of the person's active duty or service; was an Ohio licensee at the time of the relocation; and makes the application not more than six months after returning to Ohio.

Sec. 4507.101. (A) THE REGISTRAR OF MOTOR VEHICLES MAY ENTER INTO A RECIPROCAL ARRANGEMENT WITH ANOTHER COUNTRY FOR RECIPROCAL RECOGNITION OF DRIVER'S LICENSES IF BOTH OF THE FOLLOWING CONDITIONS ARE SATISFIED:

(1) THE COUNTRY GRANTS THE SAME OR SIMILAR EXEMPTIONS RELATING TO DRIVERS' LICENSES TO PERSONS HOLDING VALID DRIVER'S LICENSES ISSUED BY THIS STATE;

(2) THE COUNTRY CHARGES ONLY REASONABLE FEES FOR DRIVER'S LICENSE APPLICATIONS, AS DETERMINED BY THE REGISTRAR IN THE REGISTRAR'S SOLE DISCRETION, AND THE FEES ARE CHARGED IMPARTIALLY TO ALL APPLICANTS.

(B) THE REGISTRAR SHALL NOT ENTER INTO A RECIPROCAL ARRANGEMENT, AND SHALL CANCEL ANY SUCH ARRANGEMENT PREVIOUSLY ENTERED INTO, IF THE COUNTRY DOES NOT COMPLY WITH DIVISIONS (A)(1) AND (2) OF THIS SECTION.

(C) EXCEPT AS PROVIDED IN SECTION 4507.12 of the Revised Code, THE REGISTRAR MAY WAIVE THE EXAMINATION OF ANY PERSON APPLYING FOR A DRIVER'S LICENSE IF THE PERSON PRESENTS A VALID, UNEXPIRED LICENSE ISSUED BY A COUNTRY WITH WHICH THE REGISTRAR HAS A RECIPROCAL ARRANGEMENT.

(D) THE REGISTRAR MAY PRESCRIBE THE CONDITIONS UPON WHICH A DRIVER'S LICENSE MAY BE ISSUED OR RETAINED UNDER THIS SECTION. THE REGISTRAR SHALL NOT PROHIBIT AN APPLICANT FROM RETAINING THE FOREIGN LICENSE AFTER THE REGISTRAR OR DEPUTY REGISTRAR ISSUING THE OHIO LICENSE VIEWS AND AUTHENTICATES THE FOREIGN LICENSE.

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

The registrar may authorize the highway patrol or, other designated law enforcement body, OR OTHER DESIGNATED EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY to issue an examiner's driving permit to an applicant who has passed the required examination, authorizing that applicant to operate a motor vehicle while the registrar is completing an investigation relative to that applicant's qualifications to receive a temporary instruction permit, driver's license, or motorcycle operator's endorsement. The examiner's driving permit shall be in the immediate possession of the applicant while operating a motor vehicle and shall be effective until final action and notification has been given by the registrar, but in no event longer than sixty days from its date of issuance.

Sec. 4511.77. No person shall operate, nor shall any person being the owner thereof or having supervisory responsibility therefor permit the operation of, a school bus within this state unless it is painted national school bus chrome number two YELLOW and is marked on both front and rear with the words "school bus" in black lettering not less than eight inches in height and on the rear of the bus with the word "stop" in black lettering not less than ten inches in height.

Sec. 4513.071. All EVERY motor vehicles VEHICLE, TRAILER, SEMITRAILER, AND POLE TRAILER when operated upon a highway shall be equipped with at least one TWO OR MORE stop light LIGHTS, EXCEPT THAT PASSENGER CARS MANUFACTURED OR ASSEMBLED PRIOR TO JANUARY 1, 1967, MOTORCYCLES, AND MOTOR-DRIVEN CYCLES SHALL BE EQUIPPED WITH AT LEAST ONE STOP LIGHT. STOP LIGHTS SHALL BE mounted on the rear of the vehicle which shall be, actuated upon application of the service brake, and which may be incorporated with other rear lights. Such stop lights when actuated shall emit a red light visible from a distance of five hundred feet to the rear, provided that in the case of a train of vehicles only the stop lights on the rear-most vehicle need be visible from the distance specified.

Such stop lights when actuated shall give a steady warning light to the rear of a vehicle or train of vehicles to indicate the intention of the operator to diminish the speed of or stop a vehicle or train of vehicles.

When stop lights are used as required by this section, they shall be constructed or installed so as to provide adequate and reliable illumination and shall conform to the appropriate rules and regulations established under section 4513.19 of the Revised Code.

Historical motor vehicles as defined in section 4503.181 of the Revised Code are not subject to this section.

Sec. 4513.20. The following requirements govern as to brake equipment on vehicles:

(A) Every trackless trolley and motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such trackless trolley or motor vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, then on such trackless trolleys or motor vehicles manufactured or assembled after January 1, 1942, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the trackless trolley or motor vehicle without brakes on at least two wheels.

(B) Every motorcycle, when operated upon a highway shall be equipped with at least one adequate brake, which may be operated by hand or by foot.

(C) Every motorized bicycle shall be equipped with brakes meeting the rules adopted by the director of public safety under section 4511.521 of the Revised Code.

(D) Every trailer or semitrailer, except a pole trailer, of a gross weight of two thousand pounds or more, manufactured or assembled on or after January 1, 1942, when WHEN operated upon the highways of this state, THE FOLLOWING VEHICLES shall be equipped with brakes adequate to control the movement of and to stop and to hold such THE vehicle and so, designed as to be applied by the driver of the towing motor vehicle from its cab, and said brakes shall be so ALSO designed and connected SO that, in case of a breakaway of the towed vehicle, the brakes shall be automatically applied:

(1) EVERY TRAILER OR SEMITRAILER, EXCEPT A POLE TRAILER, WITH AN EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED OR ASSEMBLED ON OR AFTER JANUARY 1, 1942;

(2) EVERY MANUFACTURED HOME OR TRAVEL TRAILER WITH AN EMPTY WEIGHT OF TWO THOUSAND POUNDS OR MORE, MANUFACTURED OR ASSEMBLED ON OR AFTER JANUARY 1, 2001.

(E) In any combination of motor-drawn trailers or semitrailers equipped with brakes, means shall be provided for applying the rearmost brakes in approximate synchronism with the brakes on the towing vehicle, and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost brakes; or both of the above means, capable of being used alternatively, may be employed.

(F) Every vehicle and combination of vehicles, except motorcycles and motorized bicycles, and except trailers and semitrailers of a gross weight of less than two thousand pounds, and pole trailers, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.

(G) The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.

(H) Every trackless trolley, motor vehicle, or combination of motor-drawn vehicles shall be capable at all times and under all conditions of loading of being stopped on a dry, smooth, level road free from loose material, upon application of the service or foot brake, within the following specified distances, or shall be capable of being decelerated at a sustained rate corresponding to these distances:

(1) Trackless trolleys, vehicles, or combinations of vehicles having brakes on all wheels shall come to a stop in thirty feet or less from a speed of twenty miles per hour.

(2) Vehicles or combinations of vehicles not having brakes on all wheels shall come to a stop in forty feet or less from a speed of twenty miles per hour.

(I) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the trackless trolley or vehicle.

Sec. 4513.261. (A)(1) No person shall sell OPERATE any motor vehicle nor shall any motor vehicle be registered which has been manufactured or assembled on or after January 1, 1954, unless such THE vehicle is equipped with electrical or mechanical directional signals.

(2) NO PERSON SHALL OPERATE ANY MOTORCYCLE OR MOTOR-DRIVEN CYCLE MANUFACTURED OR ASSEMBLED ON OR AFTER JANUARY 1, 1968, UNLESS THE VEHICLE IS EQUIPPED WITH ELECTRICAL OR MECHANICAL DIRECTIONAL SIGNALS.

(B) "Directional signals" means an electrical or mechanical signal device capable of clearly indicating an intention to turn either to the right or to the left and which shall be visible from both the front and rear.

(C) All mechanical signal devices shall be self-illuminating devices when in use at the times mentioned in section 4513.03 of the Revised Code.

This section shall not apply to motorcycles or motor-driven cycles.

Sec. 5577.11. No person shall drive or operate, or cause to be driven or operated, any commercial car, trailer, or semitrailer, used for the transportation of goods or property, the gross weight of which, with load, exceeds three tons, upon the public highways, streets, bridges, and culverts within this state, unless such vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels of such vehicle or combination of vehicles to prevent, as far as practicable, the wheels from throwing dirt, water, or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one fifth THIRD of the distance from the center of the rearmost axle to the center of the flaps under any conditions of loading of the vehicle, and they shall be at least as wide as the tires they are protecting. If the vehicle is so designed and constructed that such requirements are accomplished by means of fenders, body construction, or other means of enclosure, then no such protectors or flaps are required. Rear wheels not covered at the top by fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means extending at least to the center line of the rearmost axle.


Section 2. That existing sections 4501.27, 4503.07, 4506.01, 4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 4513.071, 4513.20, 4513.261, and 5577.11 of the Revised Code are hereby repealed.


Section 3. Section 4506.01 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. S.B. 66 and Am. Sub. S.B. 213 of the 122nd General Assembly, with the new language of neither of the acts shown in capital letters. Section 4507.10 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. S.B. 35 of the 122nd General Assembly and Sub. S.B. 96 of the 120th General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.
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