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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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