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As Reported by House Transportation and Public Safety Committee
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 271 |
SENATORS WACHTMANN-SPADA-ARMBRUSTER-
REPRESENTATIVE S
CLANCY-METTLER-PATTON-OLMAN-DAMSCHRODER-MEAD
A BILL
To amend sections 4507.10 and 4507.11 of the Revised Code to
provide that persons who successfully complete a course of basic instruction
provided by the
motorcycle safety
and education program not be required to drive a
motorcycle under the supervision of an examining officer in order
to obtain a motorcycle operator's endorsement or a restricted
license that permits only the operation of a motorcycle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.10 and 4507.11 of the Revised Code
be amended to read as follows:
Sec. 4507.10. (A) The EXCEPT AS PROVIDED IN SECTION 4507.11
of the Revised Code, 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
the applicant presents either an unexpired license or endorsement
or a license or endorsement which has expired not more than six
months prior to the date of application.
(C) The registrar may waive the examination of any person
applying for the renewal of such 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. 4507.11. (A) 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 EXCEPT AS PROVIDED IN
DIVISION (B) OF THIS SECTION, AN applicant for a
motorcycle operator's endorsement
OR A RESTRICTED LICENSE THAT PERMITS ONLY THE OPERATION OF A
MOTORCYCLE
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 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 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.
(B)(1) AN APPLICANT FOR A MOTORCYCLE OPERATOR'S ENDORSEMENT OR A
RESTRICTED LICENSE THAT PERMITS ONLY THE OPERATION OF A MOTORCYCLE WHO
PRESENTS TO THE REGISTRAR OF MOTOR VEHICLES OR
A DEPUTY REGISTRAR A FORM APPROVED BY THE DIRECTOR OF PUBLIC SAFETY ATTESTING
TO
THE APPLICANT'S SUCCESSFUL COMPLETION WITHIN THE PRECEDING SIXTY DAYS OF A
COURSE OF BASIC INSTRUCTION PROVIDED BY THE
MOTORCYCLE SAFETY
AND EDUCATION PROGRAM APPROVED BY THE DIRECTOR PURSUANT TO SECTION 4508.08
of the Revised Code SHALL NOT BE REQUIRED TO GIVE
AN ACTUAL DEMONSTRATION OF THE ABILITY TO OPERATE
A MOTORCYCLE BY DRIVING A
MOTORCYCLE UNDER THE SUPERVISION OF AN EXAMINING OFFICER, AS
DESCRIBED IN DIVISION (A) OF THIS SECTION. UPON PRESENTATION OF
THE FORM DESCRIBED IN DIVISION (B)(1) OF THIS SECTION AND
COMPLIANCE WITH ALL OTHER REQUIREMENTS RELATING TO THE ISSUANCE OF A
MOTORCYCLE OPERATOR'S
ENDORSEMENT OR A RESTRICTED LICENSE THAT PERMITS ONLY THE
OPERATION OF A MOTORCYCLE, THE REGISTRAR OR DEPUTY REGISTRAR SHALL
ISSUE TO THE APPLICANT THE ENDORSEMENT OR RESTRICTED LICENSE, AS
THE CASE MAY BE.
(2) A PERSON WHO HAS NOT ATTAINED EIGHTEEN YEARS OF AGE AND PRESENTS AN
APPLICATION FOR A MOTORCYCLE OPERATOR'S ENDORSEMENT OR A RESTRICTED LICENSE
UNDER DIVISION (B)(1) OF THIS SECTION ALSO SHALL COMPLY WITH THE
REQUIREMENTS OF SECTION 4507.21 of the Revised Code.
Section 2. That existing sections 4507.10 and 4507.11 of the
Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect January 1, 2001.
Section 4. Section 4507.10 of the Revised Code is presented in this act
as a composite of the section as amended by
Am. Sub. S.B. 35 of the 122nd General Assembly and Sub. S.B. 96 of the 120th
General Assembly,
with the new language of neither of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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