130th Ohio General Assembly
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As Passed by the Senate

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

REPRESENTATIVES CLANCY-KRUPINSKI-BENDER-O'BRIEN-PERRY-WILSON- METELSKY-HARTNETT-KILBANE-ROMAN-DISTEL-BOYD-EVANS-VESPER-GOODING- PRINGLE-JAMES-OGG-CALLENDER-WINKLER-CATES-FERDERBER-STEVENS-
SENATORS OELSLAGER-DRAKE-LATELL-SCHAFRATH


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, 4513.99, 4905.06, 4919.79, 4921.02, 4921.101, 4923.02, 4923.20, 5577.05, and 5577.11 and to enact sections 4501.271, 4506.011, 4507.101, 4513.50, 4513.51, 4513.52, and 4513.53 of the Revised Code and to amend Section 82 of Am. Sub. H.B. 283 of the 123rd General Assembly to establish a bus safety inspection program conducted by the State Highway Patrol; 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; to create a committee to study the feasibility of requiring insurance companies to report policy information to the Registrar of Motor Vehicles; to establish maximum vehicle dimensions for recreational vehicles; to prohibit the Bureau of Motor Vehicles from disclosing the residence address of certain peace officers as contained in the Bureau's records if the officer requests that the information be confidential; to make changes to the Public Utilities Commission inspection program for vehicles transporting passengers; 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 a law enforcement official or removed from a private tow-away zone; to make an appropriation for the Bus Inspection Program; and to declare an emergency.

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, 4513.99, 4905.06, 4919.79, 4921.02, 4921.101, 4923.02, 4923.20, 5577.05, and 5577.11 be amended and sections 4501.271, 4506.011, 4507.101, 4513.50, 4513.51, 4513.52, and 4513.53 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. 4501.271. (A)(1) A PEACE OFFICER MAY FILE A WRITTEN REQUEST WITH THE BUREAU OF MOTOR VEHICLES TO DO EITHER OR BOTH OF THE FOLLOWING:

(a) PROHIBIT DISCLOSURE OF THE PEACE OFFICER'S RESIDENCE ADDRESS AS CONTAINED IN MOTOR VEHICLE RECORDS OF THE BUREAU;

(b) PROVIDE A BUSINESS ADDRESS TO BE DISPLAYED ON THE PEACE OFFICER'S DRIVER'S LICENSE OR CERTIFICATE OF REGISTRATION, OR BOTH.

(2) THE PEACE OFFICER SHALL FILE THE REQUEST ON A FORM PROVIDED BY THE REGISTRAR OF MOTOR VEHICLES AND SHALL PROVIDE ANY DOCUMENTARY EVIDENCE VERIFYING THE PERSON'S STATUS AS A PEACE OFFICER AND BUSINESS ADDRESS THAT THE REGISTRAR REQUIRES PURSUANT TO DIVISION (G) OF THIS SECTION.

(B)(1) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, IF A PEACE OFFICER HAS FILED A REQUEST UNDER DIVISION (A) OF THIS SECTION, NEITHER THE REGISTRAR NOR AN EMPLOYEE OR CONTRACTOR OF THE BUREAU OF MOTOR VEHICLES SHALL KNOWINGLY DISCLOSE THE RESIDENCE ADDRESS OF THE PEACE OFFICER THAT THE BUREAU OBTAINED IN CONNECTION WITH A MOTOR VEHICLE RECORD.

(2) IN ACCORDANCE WITH SECTION 149.43 OF THE REVISED CODE, THE REGISTRAR OR AN EMPLOYEE OR CONTRACTOR OF THE BUREAU SHALL MAKE AVAILABLE FOR INSPECTION OR COPYING A MOTOR VEHICLE RECORD OF A PEACE OFFICER WHO HAS FILED A REQUEST UNDER DIVISION (A) OF THIS SECTION IF THE RECORD IS A PUBLIC RECORD UNDER THAT SECTION, BUT SHALL OBLITERATE THE RESIDENCE ADDRESS OF THE PEACE OFFICER FROM THE RECORD BEFORE MAKING THE RECORD AVAILABLE FOR INSPECTION OR COPYING. THE BUSINESS ADDRESS OF THE PEACE OFFICER MAY BE MADE AVAILABLE IN RESPONSE TO A VALID REQUEST UNDER SECTION 149.43 OF THE REVISED CODE.

(C) NOTWITHSTANDING DIVISION (B)(2) OF SECTION 4501.27 OF THE REVISED CODE, THE REGISTRAR OR AN EMPLOYEE OR CONTRACTOR OF THE BUREAU MAY DISCLOSE THE RESIDENCE ADDRESS OF A PEACE OFFICER WHO FILES A REQUEST UNDER DIVISION (A) OF THIS SECTION ONLY IN ACCORDANCE WITH DIVISION (B)(1) OF SECTION 4501.27 OF THE REVISED CODE OR PURSUANT TO A COURT ORDER.

(D) IF A PEACE OFFICER FILES A REQUEST UNDER DIVISION (A)(1)(b) OF THIS SECTION, THE OFFICER SHALL STILL PROVIDE A RESIDENCE ADDRESS IN ANY APPLICATION FOR A DRIVER'S LICENSE OR LICENSE RENEWAL AND IN ANY APPLICATION FOR A MOTOR VEHICLE REGISTRATION OR REGISTRATION RENEWAL. IN ACCORDANCE WITH SECTIONS 4503.101 AND 4507.09 OF THE REVISED CODE, AN OFFICER SHALL NOTIFY THE REGISTRAR OF ANY CHANGE IN THE OFFICER'S RESIDENCE WITHIN TEN DAYS AFTER THE CHANGE OCCURS.

(E) A CERTIFICATE OF REGISTRATION ISSUED TO A PEACE OFFICER WHO FILES A REQUEST UNDER DIVISION (A)(1)(b) OF THIS SECTION SHALL DISPLAY THE BUSINESS ADDRESS OF THE OFFICER. NOTWITHSTANDING SECTION 4507.13 OF THE REVISED CODE, A DRIVER'S LICENSE ISSUED TO A PEACE OFFICER WHO FILES A REQUEST UNDER DIVISION (A)(1)(b) OF THIS SECTION SHALL DISPLAY THE BUSINESS ADDRESS OF THE OFFICER.

(F) THE REGISTRAR MAY UTILIZE THE RESIDENCE ADDRESS OF A PEACE OFFICER WHO FILES A REQUEST UNDER DIVISION (A)(1)(b) OF THIS SECTION IN CARRYING OUT THE FUNCTIONS OF THE BUREAU OF MOTOR VEHICLES, INCLUDING DETERMINING THE DISTRICT OF REGISTRATION FOR ANY APPLICABLE MOTOR VEHICLE TAX LEVIED UNDER CHAPTER 4504. OF THE REVISED CODE, DETERMINING WHETHER TAILPIPE EMISSIONS INSPECTIONS ARE REQUIRED, AND FINANCIAL RESPONSIBILITY VERIFICATION.

(G) THE REGISTRAR SHALL ADOPT RULES GOVERNING A REQUEST FOR CONFIDENTIALITY OF A PEACE OFFICER'S RESIDENCE ADDRESS OR USE OF A BUSINESS ADDRESS, INCLUDING THE DOCUMENTARY EVIDENCE REQUIRED TO VERIFY THE PERSON'S STATUS AS A PEACE OFFICER, THE LENGTH OF TIME THAT THE REQUEST WILL BE VALID, PROCEDURES FOR ENSURING THAT THE BUREAU OF MOTOR VEHICLES RECEIVES NOTICE OF ANY CHANGE IN A PERSON'S STATUS AS A PEACE OFFICER, AND ANY OTHER PROCEDURES THE REGISTRAR CONSIDERS NECESSARY. THE RULES OF THE REGISTRAR MAY REQUIRE A PEACE OFFICER TO SURRENDER ANY CERTIFICATE OF REGISTRATION AND ANY DRIVER'S LICENSE BEARING THE BUSINESS ADDRESS OF THE OFFICER AND, UPON PAYMENT OF ANY APPLICABLE FEES, TO RECEIVE A CERTIFICATE OF REGISTRATION AND LICENSE BEARING THE OFFICER'S RESIDENCE ADDRESS, WHENEVER THE OFFICER NO LONGER IS ASSOCIATED WITH THAT BUSINESS ADDRESS.

(H) AS USED IN THIS SECTION:

(1) "MOTOR VEHICLE RECORD" HAS THE SAME MEANING AS IN SECTION 4501.27 OF THE REVISED CODE.

(2) "PEACE OFFICER" MEANS THOSE PERSONS DESCRIBED IN DIVISION (A)(1), (2), (4), (5), (6), (9), (10), (12), OR (13) OF SECTION 109.71 OF THE REVISED CODE. "PEACE OFFICER" INCLUDES STATE HIGHWAY PATROL TROOPERS BUT DOES NOT INCLUDE THE SHERIFF OF A COUNTY OR A SUPERVISORY EMPLOYEE WHO, IN THE ABSENCE OF THE SHERIFF, IS AUTHORIZED TO STAND IN FOR, EXERCISE THE AUTHORITY OF, AND PERFORM THE DUTIES OF THE SHERIFF.

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 in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(H) "Disqualification" means withdrawal of the privilege to drive a commercial motor vehicle.

(I) "Drive" means to drive, operate, or be in physical control of a motor vehicle.

(J) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license.

(K) "Driver's license" means a license issued by the bureau of motor vehicles that authorizes an individual to drive.

(L) "Drug of abuse" means any controlled substance, dangerous drug as defined in section 4729.01 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 OR OTHER AUTHORIZED EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY 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. 4513.50. AS USED IN SECTIONS 4513.50 TO 4513.53 OF THE REVISED CODE:

(A)(1) "BUS" MEANS ANY VEHICLE USED FOR THE TRANSPORTATION OF PASSENGERS THAT MEETS AT LEAST ONE OF THE FOLLOWING:

(a) WAS ORIGINALLY DESIGNED BY THE MANUFACTURER TO TRANSPORT MORE THAN FIFTEEN PASSENGERS, INCLUDING THE DRIVER;

(b) EITHER THE GROSS VEHICLE WEIGHT RATING OR THE GROSS VEHICLE WEIGHT EXCEEDS TEN THOUSAND POUNDS.

(2) "BUS" DOES NOT INCLUDE A CHURCH BUS AS DEFINED IN SECTION 4503.07 OF THE REVISED CODE OR A SCHOOL BUS UNLESS THE CHURCH BUS OR SCHOOL BUS IS USED IN THE TRANSPORTATION OF PASSENGERS FOR HIRE BY A MOTOR TRANSPORTATION COMPANY OR A COMMON CARRIER BY MOTOR VEHICLE OR BY A PRIVATE MOTOR CARRIER OR CONTRACT CARRIER BY MOTOR VEHICLE.

(3) "BUS" ALSO DOES NOT INCLUDE ANY OF THE FOLLOWING:

(a) ANY VEHICLE OPERATED EXCLUSIVELY ON A RAIL OR RAILS;

(b) A TROLLEY BUS OPERATED BY ELECTRIC POWER DERIVED FROM A FIXED OVERHEAD WIRE FURNISHING LOCAL PASSENGER TRANSPORTATION SIMILAR TO STREET-RAILWAY SERVICE;

(c) VEHICLES OWNED OR LEASED BY GOVERNMENT AGENCIES OR POLITICAL SUBDIVISIONS.

(B)(1) "MOTOR TRANSPORTATION COMPANY" AND "COMMON CARRIER BY MOTOR VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION 4921.02 OF THE REVISED CODE.

(2) "PRIVATE MOTOR CARRIER" AND "CONTRACT CARRIER BY MOTOR VEHICLE" HAVE THE SAME MEANINGS AS IN SECTION 4923.02 OF THE REVISED CODE.

Sec. 4513.51. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, ON AND AFTER JULY 1, 2001, NO PERSON SHALL OPERATE A BUS, NOR SHALL ANY PERSON BEING THE OWNER OF A BUS OR HAVING SUPERVISORY RESPONSIBILITY FOR A BUS PERMIT THE OPERATION OF ANY BUS, UNLESS THE BUS DISPLAYS A VALID, CURRENT SAFETY INSPECTION DECAL ISSUED BY THE STATE HIGHWAY PATROL UNDER SECTION 4513.52 OF THE REVISED CODE.

(B) FOR THE PURPOSE OF COMPLYING WITH THE REQUIREMENTS OF THIS SECTION AND SECTION 4513.52 OF THE REVISED CODE, THE OWNER OR OTHER OPERATOR OF A BUS MAY DRIVE THE BUS DIRECTLY TO AN INSPECTION SITE CONDUCTED BY THE STATE HIGHWAY PATROL AND DIRECTLY BACK TO THE PERSON'S PLACE OF BUSINESS WITHOUT A VALID REGISTRATION AND WITHOUT DISPLAYING A SAFETY INSPECTION DECAL, PROVIDED THAT NO PASSENGERS MAY OCCUPY THE BUS DURING SUCH OPERATION.

(C) THE REGISTRAR OF MOTOR VEHICLES SHALL NOT ACCEPT AN APPLICATION FOR REGISTRATION OF A BUS UNLESS THE BUS OWNER PRESENTS A VALID SAFETY INSPECTION REPORT FOR THE APPLICABLE REGISTRATION YEAR.

Sec. 4513.52. (A) THE DEPARTMENT OF PUBLIC SAFETY, WITH THE ADVICE OF THE PUBLIC UTILITIES COMMISSION, SHALL ADOPT AND ENFORCE RULES RELATING TO THE INSPECTION OF BUSES TO DETERMINE WHETHER A BUS IS SAFE AND LAWFUL, INCLUDING WHETHER ITS EQUIPMENT IS IN PROPER ADJUSTMENT OR REPAIR.

(B) THE RULES SHALL DETERMINE THE SAFETY FEATURES, ITEMS OF EQUIPMENT, AND OTHER SAFETY-RELATED CONDITIONS SUBJECT TO INSPECTION. THE RULES MAY AUTHORIZE THE STATE HIGHWAY PATROL TO OPERATE SAFETY INSPECTION SITES, OR TO ENTER IN OR UPON THE PROPERTY OF ANY BUS OPERATOR TO CONDUCT THE SAFETY INSPECTIONS, OR BOTH. THE RULES ALSO SHALL ESTABLISH A FEE, NOT TO EXCEED ONE HUNDRED DOLLARS, FOR EACH BUS INSPECTED.

(C) THE STATE HIGHWAY PATROL SHALL CONDUCT THE BUS SAFETY INSPECTIONS AT LEAST ON AN ANNUAL BASIS. AN INSPECTION CONDUCTED UNDER THIS SECTION IS VALID FOR TWELVE MONTHS UNLESS, PRIOR TO THAT TIME, THE BUS FAILS A SUBSEQUENT INSPECTION OR OWNERSHIP OF THE BUS IS TRANSFERRED.

(D) THE STATE HIGHWAY PATROL SHALL COLLECT A FEE FOR EACH BUS INSPECTED.

(E) UPON DETERMINING THAT A BUS IS IN SAFE OPERATING CONDITION, THAT ITS EQUIPMENT IS IN PROPER ADJUSTMENT AND REPAIR, AND THAT IT IS OTHERWISE LAWFUL, THE INSPECTING OFFICER SHALL DO BOTH OF THE FOLLOWING:

(1) AFFIX AN OFFICIAL SAFETY INSPECTION DECAL TO THE OUTSIDE SURFACE OF EACH SIDE OF THE BUS;

(2) ISSUE THE OWNER OR OPERATOR OF THE BUS A SAFETY INSPECTION REPORT, TO BE PRESENTED TO THE REGISTRAR OR A DEPUTY REGISTRAR UPON APPLICATION FOR REGISTRATION OF THE BUS.

Sec. 4513.53. (A) THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL, WITH APPROVAL OF THE DIRECTOR OF PUBLIC SAFETY, MAY APPOINT AND MAINTAIN NECESSARY STAFF TO CARRY OUT THE INSPECTION OF BUSES.

(B) THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL SHALL ADOPT A DISTINCTIVE ANNUAL SAFETY INSPECTION DECAL BEARING THE DATE OF INSPECTION. THE STATE HIGHWAY PATROL MAY REMOVE ANY DECAL FROM A BUS THAT FAILS ANY INSPECTION.

(C) FEES COLLECTED BY THE STATE HIGHWAY PATROL SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL REVENUE FUND.

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. 4513.99. (A) Whoever violates division (C), (D), (E), or (F) of section 4513.241, section 4513.261, 4513.262, or 4513.36, or division (B)(3) of section 4513.60 of the Revised Code is guilty of a minor misdemeanor.

(B) Whoever violates section 4513.02 or 4513.021, or division (B)(4) of section 4513.263, or division (F) of section 4513.60 of the Revised Code is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense such person is guilty of a misdemeanor of the third degree.

(C) Whoever violates sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of the Revised Code, for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree.

(D) Whoever violates section 4513.64 of the Revised Code is guilty of a minor misdemeanor, and shall also be assessed any costs incurred by the county, township, or municipal corporation in disposing of such abandoned junk motor vehicle, less any money accruing to the county, to the township, or to the municipal corporation from such disposal.

(E) Whoever violates section 4513.65 of the Revised Code is guilty of a minor misdemeanor on a first offense; on a second offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense, such person is guilty of a misdemeanor of the third degree.

(F) Whoever violates division (B)(1) of section 4513.263 of the Revised Code shall be fined twenty-five dollars.

(G) Whoever violates division (B)(3) of section 4513.263 of the Revised Code shall be fined fifteen dollars.

(H) Whoever violates section 4513.361 OR DIVISION (A) OF SECTION 4513.51 of the Revised Code is guilty of a misdemeanor of the first degree.

Sec. 4905.06. The public utilities commission has general supervision over all public utilities within its jurisdiction as defined in section 4905.05 of the Revised Code, and may examine such public utilities and keep informed as to their general condition, capitalization, and franchises, and as to the manner in which their properties are leased, operated, managed, and conducted with respect to the adequacy or accommodation afforded by their service, the safety and security of the public and their employees, and their compliance with all laws, orders of the commission, franchises, and charter requirements. The commission has general supervision over all other companies referred to in section 4905.05 of the Revised Code to the extent of its jurisdiction as defined in that section, and may examine such companies and keep informed as to their general condition and capitalization, and as to the manner in which their properties are leased, operated, managed, and conducted with respect to the adequacy or accommodation afforded by their service, and their compliance with all laws and orders of the commission, insofar as any of such matters may relate to the costs associated with the provision of electric utility service by public utilities in this state which are affiliated or associated with such companies. The commission, through the public utilities commissioners or inspectors or employees of the commission authorized by it, may enter in or upon, for purposes of inspection, any property, equipment, building, plant, factory, office, apparatus, machinery, device, and lines of any public utility. The power to inspect includes the power to prescribe any rule or order that the commission finds necessary for protection of the public safety. In order to assist the commission in the performance of its duties under this chapter, authorized employees of the commercial motor vehicle safety enforcement unit, division of state highway patrol, of the department of public safety may enter in or upon, for inspection purposes, any motor vehicle of any motor transportation company or private motor carrier as defined in section 4923.02 of the Revised Code.

IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY A MOTOR TRANSPORTATION COMPANY ENGAGED IN THE TRANSPORTATION OF PERSONS, AUTHORIZED EMPLOYEES OF THE COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT UNIT, DIVISION OF STATE HIGHWAY PATROL, OF THE DEPARTMENT OF PUBLIC SAFETY MAY ENTER IN OR UPON ANY PROPERTY OF ANY MOTOR TRANSPORTATION COMPANY, AS DEFINED IN SECTION 4913.02 OF THE REVISED CODE, ENGAGED IN THE INTRASTATE TRANSPORTATION OF PERSONS.

Sec. 4919.79. (A) The public utilities commission may adopt safety rules applicable to the highway transportation and offering for transportation of hazardous materials in interstate commerce, which highway transportation takes place into or through this state.

(B) The commission may adopt safety rules applicable to the highway transportation of persons or property in interstate commerce, which transportation takes place into or through this state.

(C) Rules adopted under divisions (A) and (B) of this section shall be consistent with, and equivalent in scope, coverage, and content to, the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted under it, and the "Motor Carrier Safety Act of 1984," 98 Stat. 2832, 49 U.S.C.A. 2501, and regulations adopted under it, respectively. No person shall violate a rule adopted under division (A) or (B) of this section or any order of the commission issued to secure compliance with any such rule.

(D) The commission shall cooperate with, and permit the use of, the services, records, and facilities of the commission as fully as practicable by appropriate officers of the interstate commerce commission, the United States department of transportation, and other federal agencies or commissions and appropriate commissions of other states in the enforcement and administration of state and federal laws relating to highway transportation by motor vehicles. The commission may enter into cooperative agreements with the interstate commerce commission, the United States department of transportation, and any other federal agency or commission to enforce the economic and safety laws and rules of this state and of the United States concerning highway transportation by motor vehicles.

(E) To achieve the purposes of this section, the commission may, through its inspectors or other authorized employees, inspect any vehicles of carriers of persons or property in interstate commerce subject to the safety rules prescribed by this section and may enter upon the premises and vehicles of such carriers to examine any of the carriers' records or documents that relate to the safety of operation of such carriers. In order to assist the commission in the performance of its duties under this section, authorized employees of the commercial motor vehicle safety enforcement unit, division of state highway patrol, of the department of public safety may enter in or upon, for purposes of inspection, any vehicle of any such carrier.

IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY PRIVATE MOTOR CARRIERS OF PERSONS, AUTHORIZED EMPLOYEES OF THE COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT UNIT, DIVISION OF STATE HIGHWAY PATROL, OF THE DEPARTMENT OF PUBLIC SAFETY MAY ENTER IN OR UPON THE PREMISES OF ANY PRIVATE CARRIER OF PERSONS IN INTERSTATE COMMERCE, SUBJECT TO THE SAFETY RULES PRESCRIBED BY THIS SECTION.

Sec. 4921.02. As used in sections 4921.01 to 4921.32 of the Revised Code:

(A) "Motor transportation company," or "common carrier by motor vehicle," includes every corporation, company, association, joint-stock association, person, firm, or copartnership, and their lessees, legal or personal representatives, trustees, and receivers or trustees appointed by any court, when engaged or proposing to engage in the business of transporting persons or property, or the business of providing or furnishing such transportation service, for hire, whether directly or by lease or other arrangement, for the public in general, in or by motor-propelled vehicles of any kind, including trailers, over any public highway in this state. All laws regulating the business of motor transportation, their context notwithstanding, apply to such motor transportation company or common carrier by motor vehicle. "Motor transportation company," as so used, does not include any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated:

(1) Engaged or proposing to engage as a private motor carrier as defined by section 4923.02 of the Revised Code;

(2) Insofar as they own, control, operate, or manage motor vehicles used for the transportation of persons or property, operated exclusively within the territorial limits of a municipal corporation, or within such limits and the territorial limits of municipal corporations immediately contiguous to such municipal corporation;

(3) Insofar as they are engaged in the transportation of persons in taxicabs in the usual taxicab service or in hotel busses operating to and from hotel;

(4) Engaged in the transportation of pupils in school busses operating to or from school sessions or school events;

(5) Engaged in the transportation of farm supplies to the farm or farm products from farm to market or to food fabricating plants;

(6) Engaged in the distribution of newspapers;

(7) Engaged in the transportation of crude petroleum incidental to gathering from wells and delivery to destination by pipe line;

(8) Engaged in the towing of disabled or wrecked motor vehicles;

(9) Engaged in the transportation of injured, ill, or deceased persons by hearse or ambulance;

(10) Engaged in the transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch;

(11) Engaged in the transportation of persons in a ridesharing arrangement when any fee charged each person so transported is in such amount as to recover only the person's share of the costs of operating the motor vehicle for such purpose.

(B) "Trailer" means any vehicle without motive power designed or used for carrying property or persons and for being drawn by a separate motor-propelled vehicle, including any vehicle of the trailer type, whether designed or used for carrying property or persons wholly on its own structure, or so designed or used that a part of its own weight or the weight of its load rests upon and is carried by such motor-propelled vehicle.

(C) "Public highway" means any public street, road, or highway in this state, whether within or without the corporate limits of a municipal corporation.

(D) "Fixed termini" refers to the points between which any motor transportation company usually or ordinarily operates, provides, or proposes to operate or provide motor transportation service.

(E) "Regular route" refers to that portion of the public highway over which any motor transportation company usually or ordinarily operates, provides, or proposes to operate or provide motor transportation service.

(F) "Irregular route" refers to that portion of the public highway over which is conducted or provided any other operation of any motor vehicle by a motor transportation company transporting property.

(G) "Ridesharing arrangement" means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools.

Whether or not any motor-propelled vehicle is operated or such transportation service is provided or furnished by such motor transportation company, between fixed termini or over a regular route, or over an irregular route, or whether or not a corporation, company, association, joint-stock association, person, firm, or copartnership, or their lessees, trustees, or receivers or trustees appointed by any court, is engaged as a motor transportation company, are questions of fact. The finding of the public utilities commission on such questions is a final order which may be reviewed as provided in section 4921.17 of the Revised Code. The commission has jurisdiction to receive, hear, and determine such questions upon complaint of any party, or upon its own motion, upon not less than fifteen days' notice of the time and place of such hearing and of the matter to be heard.

Sec. 4921.101. (A) Notwithstanding any other provision contained in Title XLIX of the Revised Code with respect to the issuance of a certificate of public convenience and necessity, the public utilities commission shall, after notice and hearing, grant a certificate of regular route bus service PUBLIC CONVENIENCE AND NECESSITY to any person who applies for authority to provide regular route bus service, PURSUANT TO RULES ADOPTED BY THE COMMISSION, FILES A REGISTRATION APPLICATION TO TRANSPORT PASSENGERS, FOR HIRE, WITHIN THIS STATE if such person is financially responsible, meets the applicable insurance, SERVICE, and safety requirements promulgated in the rules of the public utilities commission, and is able to serve the routes requested in the application. The public utilities commission shall issue a final order permitting or denying the application for such certificate within ninety days after the application is filed with the commission.

For purposes of this section, regular route bus service is the transportation of persons and their baggage over regular routes, between fixed termini, pursuant to published schedules and rates, and, as an incident to that service, the transportation of additional package express or United States mail, but does not include the right to offer charter party trip service, as defined in section 4923.02 of the Revised Code, and does not include the right to transport persons and their baggage to or from an airport, in vehicles with a seating capacity of twenty-five or fewer passengers, over regular routes, in competition with a person holding a certificate or certificates of public convenience and necessity which include the authorization of such service prior to the effective date of this section.

This section does not limit the applicant's right to apply for authority under any other provision of the law.

A person who is granted a certificate to operate regular route bus service TRANSPORT PASSENGERS, FOR HIRE, WITHIN THIS STATE under this section is subject to, and shall operate in compliance with, all other provisions of law applicable to motor transportation companies that hold certificates of public convenience and necessity.

(B) Notwithstanding any other provision contained in Title XLIX of the Revised Code, a person holding a certificate of convenience and necessity for the transportation of passengers or a person holding a certificate of regular route bus service may, at any time, increase and decrease rates in a zone ten per cent above its rate or twenty per cent below its rate in effect one year prior to the effective date of the proposed rate or its rate on the effective date of this section, whichever date is later, by filing a revised tariff with the public utilities commission. The commission may adopt reasonable rules to permit an adjustment in the percentage for an increased rate up to an additional ten per cent. Rates filed under this division shall be effective immediately upon filing unless a later time is stated in the tariff by the applicant, and may not be investigated, suspended, revised, or revoked by the commission. This division does not limit the applicant's right to apply for rate changes under any other provision of the law THE COMMISSION SHALL HAVE NO POWER TO FIX, ALTER, OR ESTABLISH RATES FOR THE TRANSPORTATION OF PASSENGERS, FOR HIRE, WITHIN THIS STATE, NOR SHALL THE COMMISSION HAVE THE POWER TO REQUIRE OR ACCEPT THE FILING OF TARIFFS ESTABLISHING SUCH RATES.

(C) Notwithstanding any other provision contained in Title XLIX of the Revised Code, a person holding a certificate of convenience and necessity for the transportation of passengers or a person holding a certificate of WHO HAS ESTABLISHED regular route bus service may apply for authority to discontinue all or a portion of its regular routes, by filing a written application NOTICE with the commission THIRTY DAYS PRIOR TO DISCONTINUING SUCH REGULAR BUS SERVICE, and within ten days thereafter AFTER FILING THE NOTICE WITH THE COMMISSION, by publishing THE notice of the application once a day for three different days in a newspaper of general circulation published in the county seat of each county to which the service extends. Within twenty days after the date of filing the application, any person opposing the application shall file a written notice of protest with the commission. If the application is not opposed, the bus company may immediately discontinue such route or routes. If the application is opposed, the commission shall, within twenty days, hear the application, providing at least ten days' notice to all interested parties.

The commission shall grant the application if the company demonstrates that the revenue per mile derived from the route or routes proposed to be discontinued is less than the fully allocated cost per mile of operating the route or routes to be discontinued. If the commission's final order on the application is not issued within ninety days after the date of filing the application, the company may discontinue the service described in the application.

(D) THE COMMISSION, BY RULE, MAY ESTABLISH STANDARDS FOR THE CONSUMER PROTECTION OF PASSENGERS TRANSPORTED BY PERSONS HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED UNDER THIS SECTION.

(E) FOR PURPOSES OF THIS SECTION, "PERSON" MEANS PERSONS ENGAGED IN CHARTER BUS TRANSPORTATION, INCLUDING CHARTER PARTY TRIPS AS DEFINED IN SECTION 4923.02 OF THE REVISED CODE. "PERSON" ALSO INCLUDES A "MOTOR TRANSPORTATION COMPANY" AS DEFINED IN SECTION 4921.02 OF THE REVISED CODE AND A "PRIVATE MOTOR CARRIER" AS DEFINED IN SECTION 4923.02 OF THE REVISED CODE.

Sec. 4923.02. As used in sections 4923.01 to 4923.17 of the Revised Code:

(A) "Private motor carrier" or "contract carrier by motor vehicle" includes every corporation, company, association, joint-stock association, person, firm, or copartnership, their lessees, legal or personal representatives, trustees, or receivers or trustees appointed by any court, not included in the definition under section 4921.02 of the Revised Code, when engaged in the business of private carriage of persons or property, or both, or of providing or furnishing such transportation service, for hire, in or by motor-propelled vehicles of any kind, including trailers, over any public highway in this state, but does not include any corporation, company, association, joint-stock association, person, firm, or copartnership, their lessees, legal or personal representatives, trustees, or receivers or trustees appointed by any court:

(1) Engaged or proposing to engage, directly or indirectly, as a private owner or operator of motor vehicles employed or used by a private motor carrier, or by a motor transportation company as defined in section 4921.02 of the Revised Code;

(2) Insofar as they are engaged in the NOT-FOR-HIRE transportation of persons IN CHURCH BUSES AS DEFINED IN SECTION 4503.07 OF THE REVISED CODE or THE TRANSPORTATION OF property, or both, WHEN EITHER TRANSPORTATION IS PERFORMED exclusively within the territorial limits of a municipal corporation or within such limits and the territorial limits of municipal corporations immediately contiguous to such municipal corporations;

(3) Engaged in the transportation of persons in taxicabs in the usual taxicab business or in hotel busses operating to and from hotels;

(4) Engaged in the transportation of pupils in school busses operating to or from school sessions or school events;

(5) Engaged, as a motor transportation company holding a certificate of public convenience and necessity for the transportation of persons, in the carriage of persons in emergency or additional motor vehicles on charter party trips to or from any point within the county or counties in or through which such motor transportation company provides regular route scheduled service, provided that such use of such emergency or additional motor vehicle is reported and the tax paid as prescribed by the public utilities commission by general rule or temporary order;

(6) Engaged in the transportation of farm supplies to the farm or farm products from farm to market;

(7) Engaged in the operation of motor vehicles for contractors on public road work;

(8) Engaged in the transportation of newspapers;

(9) Engaged in the transportation of crude petroleum incidental to gathering from wells and delivery to destination by pipe line;

(10) Engaged in the towing of disabled or wrecked motor vehicles;

(11) Engaged in the transportation of injured, ill, or deceased persons by hearse or ambulance;

(12) Engaged in transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch;

(13) Engaged in the transportation of persons in a ridesharing arrangement when any fee charged each person so transported is in such amount as to recover only the person's share of the costs of operating the motor vehicle for such purpose.

(B) "Motor vehicle" includes any automobile, automobile truck, tractor, trailer, semitrailer, motor bus, or any other self-propelled vehicle not operated or driven upon fixed rails or tracks.

(C) "Charter party trip" means the carriage of persons in one or more motor vehicles under a special contract for the exclusive use of each such vehicle for each trip, which contract shall not provide for continuing operations between the same termini, and which operation shall in no event become regular. The limitations of section 4921.18 and any other sections of the Revised Code as to the seating capacity of such emergency or additional motor vehicles operated by a motor transportation company do not apply to charter party trips.

(D) "Ridesharing arrangement" has the same meaning as in section 4921.02 of the Revised Code.

Sec. 4923.20. (A) As used in this section:

(1) "Private motor carrier" has the same meaning as in section 4923.02 of the Revised Code, except that it includes only private motor carriers operating on a not-for-hire basis and excludes all private motor carriers operating on a for-hire basis.

(2) "Commercial motor vehicle" has the same meaning as in the "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2701, as amended, except that "commerce" means trade, traffic, and transportation solely within this state.

(B) The public utilities commission may adopt and enforce rules concerning the safety of operation of commercial motor vehicles by private motor carriers, except that the rules shall not affect any rights or duties granted to or imposed upon the operator of such a motor vehicle by Chapter 4511. of the Revised Code.

(C) The commission may adopt safety rules applicable to the transportation of hazardous materials by private motor carriers by means of commercial motor vehicles and applicable to the offering of hazardous materials for such transportation. The rules shall be consistent with, and equivalent in scope, coverage, and content to, the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted under it.

(D) To achieve the purposes of this section, the commission may, through inspectors or other authorized employees, inspect any motor vehicles of such carriers and may enter upon the premises and vehicles of the carriers to examine any of the carriers' records or documents that relate to the safety of operation of private motor carriers. In order to assist the commission in performing its duties under this section, authorized employees of the commercial motor vehicle safety enforcement unit, division of state highway patrol, of the department of public safety may enter in or upon, for purposes of inspection, any motor vehicle of any such carrier.

IN ORDER TO INSPECT MOTOR VEHICLES OWNED OR OPERATED BY PRIVATE MOTOR CARRIERS ENGAGED IN THE TRANSPORTATION OF PERSONS, AUTHORIZED EMPLOYEES OF THE COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT UNIT, DIVISION OF STATE HIGHWAY PATROL, OF THE DEPARTMENT OF PUBLIC SAFETY MAY ENTER IN OR UPON THE PREMISES OF ANY PRIVATE MOTOR CARRIER ENGAGED IN THE INTRASTATE TRANSPORTATION OF PERSONS.

(E) No private motor carrier or person offering hazardous materials for transportation by private motor carrier shall fail to comply with any order, decision, or rule adopted under this section or any order of the commission issued to secure compliance with any such rule.

Sec. 5577.05. No vehicle shall be operated upon the public highways, streets, bridges, and culverts within the state, whose dimensions exceed those specified in this section.

(A) No such vehicle shall have a width in excess of:

(1) One hundred four inches for passenger bus type vehicles operated exclusively within municipl MUNICIPAL corporations;

(2) One hundred two inches, excluding such safety devices are required by law, for passenger bus type vehicles operated over freeways, and such other state roads with minimum pavement widths of twenty-two feet, except those roads or portions thereof over which operation of one hundred two-inch buses is prohibited by order of the director of transportation;

(3) One hundred thirty-two inches for traction engines;

(4) ONE HUNDRED TWO INCHES FOR RECREATIONAL VEHICLES, EXCLUDING SAFETY DEVICES AND RETRACTED AWNINGS AND OTHER APPURTENANCES OF SIX INCHES OR LESS IN WIDTH AND EXCEPT THAT THE DIRECTOR MAY PROHIBIT THE OPERATION OF ONE HUNDRED TWO INCH RECREATIONAL VEHICLES ON DESIGNATED STATE HIGHWAYS OR PORTIONS OF HIGHWAYS;

(5) One hundred two inches, including load, for all other vehicles, except that the director may prohibit the operation of one hundred two-inch vehicles on such state highways or portions thereof as the director designates.

(B) No such vehicle shall have a length in excess of:

(1) Sixty feet for passenger bus type vehicles operated by a regional transit authority pursuant to sections 306.30 to 306.54 of the Revised Code;

(2) Forty feet for all other passenger bus type vehicles;

(3) Fifty-three feet for any semitrailer when operated in a commercial tractor-semitrailer combination, with or without load, except that the director may prohibit the operation of any such commercial tractor-semitrailer combination on such state highways or portions thereof as the director designates.

(4) Twenty-eight and one-half feet for any semitrailer or trailer when operated in a commercial tractor-semitrailer-trailer or commercial tractor-semitrailer-semitrailer combination, except that the director may prohibit the operation of any such commercial tractor-semitrailer-trailer or commercial tractor-semitrailer-semitrailer combination on such state highways or portions thereof as the director designates;

(5) Seventy-five feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations, not to exceed three saddlemounted vehicles, but which may include one fullmount.

(6) Sixty-five feet for any other combination of vehicles coupled together, with or without load, except as provided in divisions (B)(3) and (4), and in division (D) of this section;

(7) FORTY-FIVE FEET FOR RECREATIONAL VEHICLES;

(8) Forty feet for all other vehicles except trailers and semitrailers, with or without load.

(C) No such vehicle shall have a height in excess of thirteen feet six inches, with or without load.

(D) An automobile transporter or boat transporter shall be allowed a length of sixty-five feet and a stinger-steered automobile transporter or stinger-steered boat transporter shall be allowed a length of seventy-five feet, except that the load thereon may extend no more than four feet beyond the rear of such vehicles and may extend no more than three feet beyond the front of such vehicles, and except further that the director may prohibit the operation of a stinger-steered automobile transporter, stinger-steered boat transporter, or a B-train assembly on any state highway or portion thereof that the director designates.

THE WIDTH PRESCRIBED IN DIVISION (A)(5) OF THIS SECTION SHALL NOT INCLUDE AUTOMATIC COVERING DEVICES USED BY A VEHICLE HAULING SOLID WASTE.

The lengths prescribed in divisions (B)(2) to (6)(7) of this section shall not include safety devices, bumpers attached to the front or rear of such bus or combination, B-train assembly used between the first and second semitrailer of a commercial tractor-semitrailer-semitrailer combination, energy conservation devices as provided in any regulations adopted by the secretary of the United States department of transportation, or any noncargo-carrying refrigeration equipment attached to the front of trailers and semitrailers. In special cases, vehicles whose dimensions exceed those prescribed by this section may operate in accordance with rules adopted by the director.

(E) This section does not apply to fire engines, fire trucks, or other vehicles or apparatus belonging to any municipal corporation or to the volunteer fire department of any municipal corporation or used by such department in the discharge of its functions. This section does not apply to vehicles and pole trailers used in the transportation of wooden and metal poles, nor to the transportation of pipes or well-drilling equipment, nor to farm machinery and equipment. The owner or operator of any vehicle, machinery, or equipment not specifically enumerated in this section but the dimensions of which exceed the dimensions provided by this section, when operating the same on the highways and streets of this state, shall comply with the rules of the director governing such movement, which the director may adopt. Sections 119.01 to 119.13 of the Revised Code apply to any rules the director adopts under this section, or the amendment or rescission thereof, and any person adversely affected shall have the same right of appeal as provided in those sections.

This section does not require the state, a municipal corporation, county, township, or any railroad or other private corporation to provide sufficient vertical clearance to permit the operation of such vehicle, or to make any changes in or about existing structures now crossing streets, roads, and other public thoroughfares in this state.

(F) AS USED IN THIS SECTION, "RECREATIONAL VEHICLE" HAS THE SAME MEANING AS IN SECTION 4501.01 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, 4513.99, 4905.06, 4919.79, 4921.02, 4921.101, 4923.02, 4923.20, 5577.05, and 5577.11 of the Revised Code are hereby repealed.


Section 3. (A) A study committee is hereby established to study the feasibility of requiring insurance companies issuing motor vehicle liability insurance policies in this state to report certain policy information to the Registrar of Motor Vehicles. The study committee shall consist of eight members, including the Director of Public Safety or the Director's designee, the Superintendent of Insurance or the Superintendent's designee, two members appointed by the Governor, two members appointed by the Speaker of the House of Representatives, and two members appointed by the President of the Senate. Of the members appointed by the Governor, one shall represent an Ohio-based automobile insurance company or organization, and one shall be an automobile insurance agent. Of the members appointed by the Speaker of the House of Representatives, both shall be members of the House of Representatives and only one shall be of the same political party as the Speaker. Of the members appointed by the President of the Senate, both shall be members of the Senate and only one shall be of the same political party as the President. The Governor, Speaker, and President shall make their appointments within two weeks after the effective date of this section. The Director of Public Safety or the Director's designee and the Superintendent of Insurance or the Superintendent's designee shall serve as co-chairpersons of the study committee.

(B) The study committee shall begin meeting as soon as practicable after the effective date of this section and shall consider all of the following:

(1) Whether insurers should be required to report all motor vehicle liability insurance renewals, cancellations, or lapses to the Registrar and, if so, the time within which the report should be made;

(2) Whether insurers should be required to report the issuance of new motor vehicle policies to the Registrar and, if so, the time within which the report should be made;

(3) The impact of such required reporting on the costs incurred by the insurance industry and the potential for increased insurance premiums;

(4) The form and content of any recommended reports;

(5) Whether the Director of Public Safety, the Superintendent of Insurance, or the Registrar should be required or authorized to adopt rules under Chapter 111. or 119. of the Revised Code to implement any recommended reporting requirements;

(6) What sanctions should be imposed for any failure by an insurer to timely file any required report;

(7) What uses should be made of the reported information, including whether the information should be excluded from the public records provisions of section 149.43 of the Revised Code;

(8) What notice, if any, should be provided to the person whose insurance has been reported lapsed or canceled;

(9) Whether the insurer should be granted immunity from civil liability for failure to make a report;

(10) Any other related issues the Registrar or the members of the study committee consider relevant.

(C) The study committee shall consider provisions contained in the laws or regulations of other states regarding motor vehicle liability insurance verification.

(D) Not later than one year after the effective date of this section, the study committee shall prepare a comprehensive report, including findings and recommendations, and shall submit the report to the Governor, the Registrar of Motor Vehicles, the Speaker of the House of Representatives, the President of the Senate, and the Chairpersons of the Insurance and Transportation committees of the House of Representatives and the Senate. After submitting its report, the study committee shall cease to exist.


Section 4. That Section 82 of Am. Sub. H.B. 283 of the 123rd General Assembly be amended to read as follows:

"Sec. 82. DHS DEPARTMENT OF PUBLIC SAFETY

General Revenue Fund 2,957,207
GRF763-403Operating Expenses - EMA$4,090,853$3,574,514
GRF763-409MARCS Operations and Maintenance$740,284$735,997
GRF763-507Individual and Family Grants$100,000$105,000
GRF764-404Transportation Enforcement Operations$2,156,879$2,157,207
     
GRF769-321Food Stamp Trafficking Enforcement Operations$716,936$897,720
TOTAL GRF General Revenue Fund$7,804,952$7,470,438
   8,270,438

TOTAL ALL BUDGET FUND GROUPS$7,804,952$7,470,438
   8,270,438

American Red Cross Disaster Preparedness and Training

Of the foregoing appropriation item 763-403, Operating Expenses - EMA, up to $500,000 in fiscal year 2000 shall be distributed to the American Red Cross in Ohio for disaster preparedness and emergency training.

The Ohio Emergency Management Agency shall develop an agreement between the State of Ohio Chapters of the American Red Cross to specify the terms by which these funds shall be requested, distributed, and accounted for to enhance the disaster response capability of the American Red Cross in Ohio. Funds shall not be used for administrative costs. The Ohio Emergency Management Agency shall require of the American Red Cross a plan that facilitates implementation of the current Statement of Understanding between the State of Ohio and the American Red Cross. The release of funds shall be contingent upon a plan that is satisfactory to both parties.

Ohio Task Force One - Urban Search and Rescue Unit

Of the foregoing appropriation item 763-403, Operating Expenses - EMA, $200,000 in each fiscal year shall be used to fund the Ohio Task Force One - Urban Search and Rescue Unit.

MARCS Operations and Maintenance Transfers

Upon the request of the Director of Public Safety, the Director of Budget and Management shall transfer up to $304,284 in cash in fiscal year 2000 and $303,550 in cash in fiscal year 2001 by intrastate transfer voucher from appropriation item 763-409, MARCS Operations and Maintenance, to Fund 4S2, MARCS Maintenance Fund.

Upon the request of the Director of Public Safety, the Director of Budget and Management shall transfer up to $436,000 in cash in fiscal year 2000 and $432,447 in cash in fiscal year 2001 by intrastate transfer voucher from appropriation item 763-409, MARCS Operations and Maintenance, to Fund 4W6, MARCS Operations Fund.

IFG State Match

The foregoing appropriation item 763-507, Individual and Family Grants, shall be used to fund the state share of costs to provide grants to individuals and families in cases of disaster.

_TRANSPORTATION _ENFORCEMENT _OPERATIONS

OF THE FOREGOING APPROPRIATION ITEM 764-404, TRANSPORTATION ENFORCEMENT OPERATIONS, UP TO $800,000 IN FISCAL YEAR 2001 SHALL BE USED FOR THE DEPARTMENT OF PUBLIC SAFETY'S BUS INSPECTION PROGRAM.

THE DEPARTMENT OF PUBLIC SAFETY SHALL PREPARE A REPORT PROVIDING PROGRAM COSTS, REVENUES, AND NUMBER OF INSPECTIONS FROM THE BUS INSPECTION PROGRAM'S DATE OF ENACTMENT THROUGH MARCH OF 2001. THE REPORT SHALL INCLUDE A PLAN TO FUND ANY SHORTFALLS BETWEEN COSTS AND REVENUES FOR THE FISCAL YEAR 2002 TO FISCAL YEAR 2003 BIENNIUM. THE DEPARTMENT SHALL PROVIDE THE REPORT TO THE SENATE PRESIDENT, HOUSE SPEAKER, CHAIR OF SENATE FINANCE AND FINANCIAL INSTITUTIONS, CHAIR OF HOUSE FINANCE AND APPROPRIATIONS, AND THE LEGISLATIVE BUDGET OFFICE NO LATER THAN APRIL 16, 2001."


Section 5. That existing Section 82 of Am. Sub. H.B. 283 of the 123rd General Assembly is hereby repealed.


Section 6. Sections 4 and 5 of this act, which appropriate money for the current expenses of state government, and section 4513.53 of the Revised Code, as enacted by this act, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, these items go into immediate effect when this act becomes law.


Section 7. 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.


Section 8. The codified and uncodified sections contained in this act, except for this section, the emergency clause, and section 4501.27 of the Revised Code, as amended by this act, take effect on the ninety-first day after this act is filed with the Secretary of State.


Section 9. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that, by June 1, 2000, this state must be in compliance with recent federal changes to federal Driver's Privacy Protection Act. Therefore, this act shall go into immediate effect.
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