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As Reported by House Transportation and Public Safety Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 600 |
REPRESENTATIVES CLANCY-KRUPINSKI-BENDER
A BILL
To amend sections 4501.01, 4501.27, 4503.07, 4506.01, 4506.09, 4506.13,
4506.16,
4507.10, 4507.11, 4511.77, 4513.071, 4513.20, 4513.261, 4513.60, 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, to make other changes in the law governing
drivers' licenses, and to increase the towing and
storage fees that must be paid when a person claims a motor vehicle that has
been ordered into storage by the sheriff of a county or chief of police of a
municipal corporation, township, or township police district or removed from a
private tow-away zone.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.01, 4501.27, 4503.07, 4506.01, 4506.09, 4506.13,
4506.16, 4507.10, 4507.11, 4511.77, 4513.071, 4513.20, 4513.261, 4513.60,
and 5577.11 be amended and sections 4506.011 and 4507.101 of the
Revised Code be enacted to read as follows:
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the
Revised Code, and in the penal laws, except as otherwise
provided:
(A) "Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean vehicles that are operated
exclusively on rails or tracks or from overhead electric trolley
wires and vehicles that belong to any police department, municipal
fire department, or volunteer fire department, or that are used by such
a department in the discharge of its functions.
(B) "Motor vehicle" means any vehicle, including
mobile homes and recreational vehicles, that is
propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires. "Motor
vehicle" does not include motorized bicycles, road
rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or
employed in general highway transportation, well-drilling
machinery, ditch-digging machinery, farm machinery, trailers that are used
to transport agricultural produce or agricultural production
materials between a local place of storage or supply and the farm
when drawn or towed on a public road or highway at a speed of
twenty-five miles per hour or less, threshing machinery,
hay-baling machinery, corn sheller, hammermill and agricultural
tractors, machinery used in the production of horticultural,
agricultural, and vegetable products, and trailers that are designed and
used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a
public road or highway for a distance of no more than ten miles
and at a speed of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D) "Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and either is designed or used for drawing other motor vehicles, or is
designed or
used for drawing another motor vehicle while carrying a portion
of the other motor vehicle or its load, or both.
(E) "Passenger car" means any motor vehicle that is designed and
used for carrying not more than nine persons and includes any motor
vehicle that is designed and used for carrying not more than fifteen
persons in a ridesharing arrangement.
(F) "Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special interest,
that has a fair market value of one hundred dollars or more,
whether operable or not, and that is owned, operated, collected,
preserved, restored, maintained, or used essentially as a
collector's item, leisure pursuit, or investment, but not as the
owner's principal means of transportation. "Licensed collector's
vehicle" means a collector's vehicle, other than an agricultural
tractor or traction engine, that displays current, valid license
tags issued under section 4503.45 of the Revised Code, or a
similar type of motor vehicle that displays current, valid
license tags issued under substantially equivalent provisions in
the laws of other states.
(G) "Historical motor vehicle" means any motor vehicle
that is over twenty-five years old and is owned solely as a
collector's item and for participation in club activities,
exhibitions, tours, parades, and similar uses, but that in no event is used
for general transportation.
(H) "Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load of no
more than one ton and is used exclusively for purposes other than
engaging in business for profit.
(I) "Bus" means any motor vehicle that has motor power
and is designed and used for carrying more than nine passengers, except
any motor vehicle that is designed and used for carrying not more than
fifteen passengers in a ridesharing arrangement.
(J) "Commercial car" OR "TRUCK" means any motor vehicle that
has motor
power and is designed and used for carrying merchandise or freight, or
that is used as a commercial tractor.
(K) "Bicycle" means every device, other than a tricycle
that is
designed solely for use as a play vehicle by a child, that is propelled
solely by human power upon which any person may ride, and that has either two
tandem wheels, or one wheel in front and two wheels in
the rear, any of which is more than fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that either has
two tandem wheels or one wheel in the front and two wheels in
the rear, that is capable of being pedaled, and that is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake horsepower and
is capable of propelling the vehicle at a speed of no greater
than twenty miles per hour on a level surface.
(M) "Trailer" means any vehicle without motive power
that is designed or used for carrying property or persons wholly on its
own structure and for being drawn by a motor vehicle, and
includes any such vehicle that is formed by or operated as a
combination of a semitrailer and a vehicle of the dolly type such
as that commonly known as a trailer dolly, a vehicle used to
transport agricultural produce or agricultural production
materials between a local place of storage or supply and the farm
when drawn or towed on a public road or highway at a speed
greater than twenty-five miles per hour, and a vehicle that is designed
and used exclusively to transport a boat between a place of
storage and a marina, or in and around a marina, when drawn or
towed on a public road or highway for a distance of more than ten
miles or at a speed of more than twenty-five miles per hour. "Trailer" does
not include a manufactured home or travel trailer.
(N) "Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as described
in division (B) of this section, but, where applicable, includes
a vehicle that is used to transport a boat as described in division (M)
of this section, that has a gross weight of no more than three
thousand pounds, and that is used exclusively for purposes other than
engaging in business for a profit.
(O) "Mobile home" means a building
unit or assembly of closed construction that is fabricated in an off-site
facility, is more than thirty-five body
feet in length or, when erected on site, is three hundred
twenty or more square feet, is built on a permanent
chassis, is
transportable in one or more sections, and does not qualify as
a manufactured home as defined in division (C)(4) of section 3781.06
of the Revised Code or as an industrialized unit as defined in division (C)(3)
of section 3781.06 of the Revised Code.
(P) "Semitrailer" means any vehicle of the trailer type
that does not have motive power and is so designed or used with another and
separate motor vehicle that in operation a part of its own weight
or that of its load, or both, rests upon and is carried by the other vehicle
furnishing the motive power for propelling itself
and the vehicle referred to in this division, and includes, for
the purpose only of registration and taxation under those chapters, any
vehicle of the dolly type, such as a trailer dolly,
that is designed or used for the conversion of a semitrailer into a
trailer.
(Q) "Recreational vehicle" means a vehicular portable
structure that MEETS ALL OF THE FOLLOWING CONDITIONS:
(1) IT is designed and constructed to be used as a temporary
dwelling for THE SOLE PURPOSE OF RECREATIONAL travel,
recreational, and vacation uses and.
(2) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN BUSINESS FOR PROFIT.
(3) IT IS NOT USED FOR THE PURPOSE OF ENGAGING IN INTRASTATE COMMERCE.
(4) IT IS NOT USED FOR THE PURPOSE OF COMMERCE AS DEFINED IN 49
C.F.R. 383.5, AS AMENDED.
(5) IT IS NOT REGULATED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO
CHAPTER 4919., 4921., OR 4923. of the Revised Code.
(6) IT is classed as follows ONE OF THE FOLLOWING:
(1)(a) "Travel trailer" means a nonself-propelled
recreational vehicle that does not exceed an overall length of
thirty-five feet, exclusive of bumper and tongue or coupling, and
contains less than three hundred twenty square feet of space when erected
on site. "Travel trailer"
includes a tent-type fold-out camping trailer as defined in
section 4517.01 of the Revised Code.
(2)(b) "Motor home" means a self-propelled recreational
vehicle that HAS NO FIFTH WHEEL AND is constructed with permanently
installed facilities for
cold storage, cooking and consuming of food, and for sleeping.
(3)(c) "Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to be placed
upon and attached to a motor vehicle. "Truck camper" does not
include truck covers that consist of walls and a roof, but do not
have floors and facilities enabling them to be used as a dwelling.
(4)(d) "Fifth wheel trailer" means a vehicle that is of such
size and weight as
to be movable without a special highway permit, that has a gross trailer area
of four hundred square feet or less, that is constructed with a raised forward
section that allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of
a truck.
(5)(e) "Park trailer" means a vehicle that is commonly known
as a park model
recreational vehicle, meets the American national standard institute standard
A119.5 (1988) for park trailers, is built on a single chassis, has a gross
trailer area of four hundred square feet or less when set up, is designed for
seasonal or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S) "Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of the load.
(T) "Solid tire vehicle" means any vehicle that is equipped with
two or more solid tires.
(U) "Farm machinery" means all machines and tools that are used in
the production, harvesting, and care of farm products, and includes trailers
that are used to transport agricultural produce or agricultural
production materials between a local place of storage or supply
and the farm when drawn or towed on a public road or highway at a
speed of twenty-five miles per hour or less.
(V) "Owner" includes any person, firm, or corporation
other than a manufacturer or dealer that has title to a motor
vehicle, except that in sections 4505.01 to 4505.19 of the
Revised Code, "owner" includes in addition manufacturers and dealers.
(W) "Manufacturer" and "dealer" include all persons,
firms, and corporations that are regularly engaged in the business of
manufacturing, selling, displaying, offering for sale, or dealing
in motor vehicles, at an established place of business that is
used exclusively for the purpose of manufacturing, selling,
displaying, offering for sale, or dealing in motor vehicles. A
place of business that is used for manufacturing, selling,
displaying, offering for sale, or dealing in motor vehicles shall
be deemed to be used exclusively for those purposes even though
snowmobiles or all-purpose vehicles are sold or displayed for
sale thereat, even though farm machinery is sold or displayed for
sale thereat, or even though repair, accessory, gasoline and oil,
storage, parts, service, or paint departments are maintained
thereat, or, in any county having a population of less than
seventy-five thousand persons at the last federal census, even
though a department in a place of business is used to dismantle,
salvage, or rebuild motor vehicles by means of used parts, if
such departments are operated for the purpose of furthering and
assisting in the business of manufacturing, selling, displaying,
offering for sale, or dealing in motor vehicles. Places of
business or departments in a place of business used to
dismantle, salvage, or rebuild motor vehicles by means of using
used parts are not considered as being maintained for the purpose
of assisting or furthering the manufacturing, selling,
displaying, and offering for sale or dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates
a motor vehicle upon the public highways.
(Y) "Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily involved in
a ridesharing arrangement is not considered an employee for hire
or operating such vehicle for gain, compensation, or profit.
(Z) "State" includes the territories and federal districts
of the United States, and the provinces of Canada.
(AA) "Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB) "Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the chassis
or other part of the motor vehicle.
(CC) "Motor number" means the manufacturer's original
number that is affixed to or imprinted upon the engine or motor of the
vehicle.
(DD) "Distributor" means any person who is authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
motor vehicle dealers at an established place of business that is used
exclusively for the purpose of distributing new motor
vehicles to licensed motor vehicle dealers, except when the
distributor also is a new motor vehicle dealer, in which case the
distributor may distribute at the location of the
distributor's licensed dealership.
(EE) "Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental to another purpose of a volunteer driver and includes
ridesharing arrangements known as carpools, vanpools, and
buspools.
(FF) "Apportionable vehicle" means any vehicle that is used or
intended for use in two or more international registration plan
member jurisdictions that allocate or proportionally register
vehicles, that is used for the transportation of persons for hire
or designed, used, or maintained primarily for the transportation
of property, and that meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in
excess of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this state, or any political subdivisions thereof.
(GG) "Chartered party" means a group of persons who
contract as a group to acquire the exclusive use of a
passenger-carrying motor vehicle at a fixed charge for the
vehicle in accordance with the carrier's tariff, lawfully on file
with the United
States department of transportation, for the purpose of group
travel to a specified destination or for a particular itinerary,
either agreed upon in advance or modified by the chartered group
after having left the place of origin.
(HH) "International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American association of motor vehicle administrators, and that
promotes and encourages the fullest possible use of the highway
system by authorizing apportioned registration of fleets of
vehicles and recognizing registration of vehicles apportioned in
member jurisdictions.
(II) "Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (K)
of section 4503.04 of the Revised Code.
(JJ) "Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum
weight of the load to be carried on the vehicle.
(KK) "Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is taxed at the rates established under section 4503.042 of the
Revised Code, means the total unladen weight of the combination
of vehicles fully equipped plus the maximum weight of the load to
be carried on that combination of vehicles.
(LL) "Chauffeured limousine" means a motor vehicle
that is designed to carry nine or fewer passengers
and is operated for
hire on an hourly basis pursuant to a prearranged contract for
the transportation of passengers on public roads and highways
along a route under the control of the person hiring the vehicle
and not over a defined and regular route. "Prearranged contract"
means an agreement, made in advance of boarding, to provide
transportation from a specific location in a chauffeured
limousine at a fixed rate per hour or trip. "Chauffeured
limousine" does not include any vehicle that is used exclusively in the
business of funeral directing.
(NN)(MM) "Manufactured home" has the same
meaning as in division (C)(4)
of section 3781.06 of the Revised Code.
(OO)(NN) "Acquired situs,"
with respect to a manufactured home or a mobile home, means to
become located in this state pursuant to the issuance of a
certificate of title for the home and the placement of the home
on real property, but does not include the placement of a
manufactured home or a mobile home in the inventory of a new
motor vehicle dealer or the inventory of a manufacturer,
remanufacturer, or distributor of manufactured or mobile
homes.
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, OTHER THAN SENSITIVE 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) EXCEPT AS PROVIDED IN DIVISION
(B)(3)(b) 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, ONLY 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 AND HAS A MAXIMUM CAPACITY
GREATER THAN ONE HUNDRED NINETEEN GALLONS or IS DESIGNED TO
TRANSPORT gaseous materials AND HAS 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. 4506.09. (A) The registrar of motor vehicles,
subject to approval by the director of public safety, shall adopt
rules conforming with applicable standards adopted by the federal
highway administration as regulations under the "Commercial Motor
Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App.
2701. The rules shall establish requirements for the
qualification and testing of persons applying for a commercial
driver's license, which shall be in addition to other
requirements established by this chapter. Except as provided in
division (B) of this section, the highway patrol OR ANY OTHER EMPLOYEE OF
THE DEPARTMENT OF PUBLIC SAFETY THE REGISTRAR AUTHORIZES shall supervise
and conduct the testing of persons applying for a commercial
driver's license.
(B) The director may adopt rules, in accordance with
Chapter 119. of the Revised Code and applicable requirements of
the federal highway administration, authorizing the skills test
specified in this section to be administered by any person, by an
agency of this or another state, or by an agency, department, or
instrumentality of local government and establishing a maximum
fee that may be charged by the other party, provided the skills
test is the same that otherwise would be administered by this
state and that the other party has entered into an agreement with
the director that includes, without limitation, all of the
following:
(1) Allows the director or his THE DIRECTOR'S representative
and the
federal highway administration or its representative to conduct
random examinations, inspections, and audits of the other party
without prior notice;
(2) Requires the director or his THE DIRECTOR'S representative
to conduct
on-site inspections of the other party at least annually;
(3) Requires that all examiners of the other party meet
the same qualification and training standards as examiners of the
department of public safety, to the extent necessary to conduct
skills tests in the manner required by 49 C.F.R. 383.110 through
383.135;
(4) Requires either that state employees take, at least
annually and as though the employees were test applicants, the
tests actually administered by the other party, that the director
test a sample of drivers who were examined by the other party to
compare the test results, or that state employees accompany a
test applicant during an actual test;
(5) Reserves to this state the right to take prompt and
appropriate remedial action against testers of the other party if
the other party fails to comply with standards of this state or
federal standards for the testing program or with any other terms
of the contract.
(C) The director shall enter into an agreement with the
department of education authorizing the skills test specified in
this section to be administered by the department at any location
operated by the department for purposes of training and testing
school bus drivers, provided that the agreement between the
director and the department complies with the requirements of
division (B) of this section. Skills tests administered by the
department shall be limited to persons applying for a commercial
driver's license with a school bus endorsement.
(D) The director shall adopt rules, in accordance with
Chapter 119. of the Revised Code, authorizing waiver of the
skills test specified in this section for any applicant for a
commercial driver's license who meets all of the following
requirements:
(1) Certifies that, during the two-year period immediately
preceding his application for a commercial driver's license, all
of the following apply:
(a) He THE APPLICANT has not had more than one license;
(b) He THE APPLICANT has not had any license suspended,
revoked, or
canceled;
(c) He THE APPLICANT has not had any convictions for any type
of motor
vehicle for the offenses for which disqualification is prescribed
in section 4506.16 of the Revised Code;
(d) He THE APPLICANT has not had any violation of a state or
local law
relating to motor vehicle traffic control other than a parking
violation arising in connection with any traffic accident and has
no record of an accident in which he THE APPLICANT was at fault.
(2) Certifies and also provides evidence that he THE APPLICANT
is
regularly employed in a job requiring him to operate OPERATION
OF a commercial
motor vehicle and that one of the following applies:
(a) He THE APPLICANT has previously taken and passed a skills
Test given
by a state with a classified licensing and testing system in
which the test was behind-the-wheel in a representative vehicle
for his THE APPLICANT'S commercial driver's license
classification;
(b) He THE APPLICANT has regularly operated, for at least two
years
immediately preceding his application for a commercial driver's
license, a vehicle representative of the commercial motor vehicle
he THE APPLICANT operates or expects to operate.
(E)(1) The department of public safety may charge and collect
a divisible fee of fifty dollars for each skills test given as
part of a commercial driver's license examination. The fee shall
consist of ten dollars for the pre-trip inspection portion of the
test, ten dollars for the off-road maneuvering portion of the
test, and thirty dollars for the on-road portion of the test.
(2) The director may require an applicant for a commercial driver's license
who schedules an appointment with the highway patrol to take all portions of
the skills test, to pay an appointment fee of fifty dollars at the time he
schedules OF SCHEDULING the appointment. If the applicant appears
at the time and location
specified for the appointment and takes all portions of the skills test during
that appointment, the appointment fee shall serve as the skills test fee. If
the applicant schedules an appointment with the highway patrol to take all
portions of the skills test and fails to appear at the time and location
specified for the appointment, no portion of the appointment fee shall be
refunded. If the applicant schedules an appointment with the highway patrol
to
take all portions of the skills test and appears at the time and location
specified for the appointment, but declines or is unable to take all portions
of the skills test, the appointment fee shall serve as the skills test fee.
If
the applicant cancels a scheduled appointment forty-eight hours or more prior
to the time of the appointment time, the applicant shall not forfeit
his THE
appointment fee.
An applicant for a commercial driver's license who schedules an appointment
with the highway patrol to take one or more, but not all, portions of the
skills test shall not be required to pay any appointment fee when scheduling
such an appointment.
(3) All fees collected under division (E) of this section shall be deposited
in the state highway safety fund.
(F) As used in this section, "skills test" means a test of
an applicant's ability to drive the type of commercial motor
vehicle for which he THE APPLICANT seeks a commercial driver's
license by
having the applicant drive such a motor vehicle while under the
supervision of an authorized state driver's license examiner or
tester.
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, NOT ORIGINALLY MANUFACTURED WITH STOP
LIGHTS, 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. 4513.60. (A)(1) The sheriff of a county or chief of
police of a municipal corporation, township, or township police
district, within his THE SHERIFF'S OR CHIEF'S respective
territorial jurisdiction, upon
complaint of any person adversely affected, may order into
storage any motor vehicle, other than an abandoned junk motor
vehicle as defined in section 4513.63 of the Revised Code, that
has been left on private residential or private agricultural
property for at least four hours without the permission of the
person having the right to the possession of the property. The
sheriff or chief of police, upon complaint of the owner of a
repair garage or place of storage, may order into storage any
motor vehicle, other than an abandoned junk motor vehicle, that
has been left at the garage or place of storage for a longer
period than that agreed upon. The place of storage shall be
designated by the sheriff or chief of police. When ordering a
motor vehicle into storage pursuant to this division, a sheriff
or chief of police shall, whenever possible, SHALL arrange for
the
removal of such THE motor vehicle by a private tow truck
operator or
towing company. Subject to division (C) of this section, the
owner of a motor vehicle that has been removed pursuant to this
division may recover the vehicle only in accordance with division
(E) of this section.
(2) Divisions (A)(1) to (3) of this section do not apply
to any private residential or private agricultural property that
is established as a private tow-away zone in accordance with
division (B) of this section.
(3) As used in divisions (A)(1) and (2) of this section,
"private residential property" means private property on which is
located one or more structures that are used as a home,
residence, or sleeping place by one or more persons, if no more
than three separate households are maintained in the structure or
structures. "Private residential property" does not include any
private property on which is located one or more structures that
are used as a home, residence, or sleeping place by two or more
persons, if more than three separate households are maintained in
the structure or structures.
(B)(1) The owner of private property may establish a
private tow-away zone only if all of the following conditions are
satisfied:
(a) The owner posts on his THE OWNER'S property a sign, that is
at
least eighteen inches by twenty-four inches in size, that is
visible from all entrances to the property, and that contains at
least all of the following information:
(i) A notice that the property is a private tow-away zone
and that vehicles not authorized to park on the property will be
towed away;
(ii) The telephone number of the person from whom a
towed-away vehicle can be recovered, and the address of the place
to which the vehicle will be taken and the place from which it
may be recovered;
(iii) A statement that the vehicle may be recovered at any
time during the day or night upon the submission of proof of
ownership and the payment of a towing charge, in an amount not to
exceed seventy NINETY dollars, and a storage charge, in an
amount not to
exceed eight TWELVE dollars per twenty-four-hour period; except
that the
charge for towing shall not exceed one hundred FIFTY dollars, and the
storage charge shall not exceed twelve TWENTY dollars per
twenty-four-hour period, if the vehicle has a laden
MANUFACTURER'S gross vehicle
weight RATING in excess of fifteen TEN thousand pounds
and is a truck, bus,
or a combination of a commercial tractor and trailer or
semitrailer.
(b) The place to which the towed vehicle is taken and from
which it may be recovered is conveniently located, is well
lighted, and is on or within a reasonable distance of a regularly
scheduled route of one or more modes of public transportation, if
any public transportation is available in the municipal
corporation or township in which the private tow-away zone is
located.
(2) If a vehicle is parked on private property that is
established as a private tow-away zone in accordance with
division (B)(1) of this section, without the consent of the owner
of the property or in violation of any posted parking condition
or regulation, the owner or his THE OWNER'S agent may remove, or
cause the
removal of, the vehicle, the owner and the operator of the
vehicle shall be deemed to have consented to the removal and
storage of the vehicle and to the payment of the towing and
storage charges specified in division (B)(1)(a)(iii) of this
section, and the owner, subject to division (C) of this section,
may recover a vehicle that has been so removed only in accordance
with division (E) of this section.
(3) If a municipal corporation requires tow trucks and tow
truck operators to be licensed, no owner of private property
located within the municipal corporation shall remove, or shall
cause the removal and storage of, any vehicle pursuant to
division (B)(2) of this section by an unlicensed tow truck or
unlicensed tow truck operator.
(4) Divisions (B)(1) to (3) of this section do not affect
or limit the operation of division (A) of this section or
sections 4513.61 to 4513.65 of the Revised Code as they relate to
property other than private property that is established as a
private tow-away zone under division (B)(1) of this section.
(C) If the owner or operator of a motor vehicle that has
been ordered into storage pursuant to division (A)(1) of this
section or of a vehicle that is being removed under authority of
division (B)(2) of this section arrives after the motor vehicle
or vehicle has been prepared for removal, but prior to its actual
removal from the property, the owner or operator shall be given
the opportunity to pay a fee of not more than one-half of the
charge for the removal of motor vehicles under division (A)(1) of
this section or of vehicles under division (B)(2) of this
section, whichever is applicable, that normally is assessed by
the person who has prepared the motor vehicle or vehicle for
removal, in order to obtain release of the motor vehicle or
vehicle. Upon payment of that fee, the motor vehicle or vehicle
shall be released to the owner or operator, and upon its release,
the owner or operator immediately shall move it so that:
(1) If the motor vehicle was ordered into storage pursuant
to division (A)(1) of this section, it is not on the private
residential or private agricultural property without the
permission of the person having the right to possession of the
property, or is not at the garage or place of storage without the
permission of the owner, whichever is applicable.
(2) If the vehicle was being removed under authority of
division (B)(2) of this section, it is not parked on the private
property established as a private tow-away zone without the
consent of the owner or in violation of any posted parking
condition or regulation.
(D)(1) If an owner of private property that is established
as a private tow-away zone in accordance with division (B)(1) of
this section or the authorized agent of such an owner removes or
causes the removal of a vehicle from that property under
authority of division (B)(2) of this section, the owner or agent
promptly shall notify the police department of the municipal
corporation, township, or township police district in which the
property is located, of the removal, the vehicle's license
number, make, model, and color, the location from which it was
removed, the date and time of its removal, the telephone number
of the person from whom it may be recovered, and the address of
the place to which it has been taken and from which it may be
recovered.
(2) Each county sheriff and each chief of police of a
municipal corporation, township, or township police district
shall maintain a record of motor vehicles that he THE SHERIFF OR
CHIEF orders into storage pursuant to division (A)(1) of this section and
of vehicles removed from private property in his THE SHERIFF'S OR
CHIEF'S jurisdiction that
is established as a private tow-away zone of which he THE SHERIFF OR
CHIEF has received notice under division (D)(1) of this section. The
record shall include an entry for each such motor vehicle or
vehicle that identifies the motor vehicle's or vehicle's license
number, make, model, and color, the location from which it was
removed, the date and time of its removal, the telephone number
of the person from whom it may be recovered, and the address of
the place to which it has been taken and from which it may be
recovered. Any information in the record that pertains to a
particular motor vehicle or vehicle shall be provided to any
person who, either in person or pursuant to a telephone call,
identifies himself SELF as the owner or operator of the motor
vehicle or vehicle and requests information pertaining to its location.
(3) Any person who registers a complaint that is the basis
of a sheriff's or police chief's order for the removal and
storage of a motor vehicle under division (A)(1) of this section
shall provide the identity of the law enforcement agency with
which the complaint was registered to any person who identifies
himself SELF as the owner or operator of the motor vehicle and
requests information pertaining to its location.
(E) The owner of a motor vehicle that is ordered into
storage pursuant to division (A)(1) of this section or of a
vehicle that is removed under authority of division (B)(2) of
this section may reclaim it upon payment of any expenses or
charges incurred in its removal, in an amount not to exceed
seventy NINETY dollars, and storage, in an amount not to exceed
eight TWELVE
dollars per twenty-four-hour period; except that the charge for
towing shall not exceed one hundred FIFTY dollars, and the storage
charge shall not exceed twelve TWENTY dollars per
twenty-four-hour
period, if the vehicle has a laden MANUFACTURER'S gross vehicle
weight RATING in excess
of fifteen TEN thousand pounds and is a truck, bus, or a
combination
of a commercial tractor and trailer or semitrailer. Presentation
of proof of ownership, which may be evidenced by a certificate of
title to the motor vehicle or vehicle shall also SHALL be
required for
reclamation of the vehicle. If a motor vehicle that is ordered
into storage pursuant to division (A)(1) of this section remains
unclaimed by the owner for thirty days, the procedures
established by sections 4513.61 and 4513.62 of the Revised Code
shall apply.
(F) No person shall remove, or cause the removal of, any
vehicle from private property that is established as a private
tow-away zone under division (B)(1) of this section other than in
accordance with division (B)(2) of this section, and no person
shall remove, or cause the removal of, any motor vehicle from any
other private property other than in accordance with division
(A)(1) of this section or sections 4513.61 to 4513.65 of the
Revised Code.
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 4501.01, 4501.27, 4503.07, 4506.01, 4506.09,
4506.13, 4506.16, 4507.10, 4507.11, 4511.77, 4513.071, 4513.20,
4513.261, 4513.60, and 5577.11 of the Revised Code are hereby repealed.
Section 3. Section 4501.01 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 122nd General Assembly, with
the new language of neither of the acts shown in capital letters.
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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