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Am. Sub. H. B. No. 139 As Passed by the House
As Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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Representatives G. Smith, Gibbs, Barrett, Setzer, Sferra, Driehaus, Koziura, Faber, Cates, Clancy, Daniels, D. Evans, Fessler, Flowers, Gilb, Hughes, Martin, Niehaus, Olman, Raussen, Reidelbach, Schmidt, Schneider, Seitz, J. Stewart, Wolpert
A BILLTo amend sections 4509.01, 4509.101, 4509.20, 4509.41, 4509.45, 4509.51, 4509.53, 4509.59, 4509.65, 4509.67, and 4509.80, to enact section 2323.57, and to repeal sections 4509.62 and 4509.63 of the Revised Code to specify that, under the Financial Responsibility Law, motor-vehicle liability policies remain subject to their terms and conditions, to amend minimum coverage requirements for the Financial Responsibility Law, and to limit damage awards to uninsured motorists and to amend the versions of sections 4509.101, 4509.45, and 4509.80 of the Revised Code that are scheduled to take effect January 1, 2004, to continue the provisions of this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4509.01, 4509.101, 4509.20, 4509.41, 4509.45, 4509.51, 4509.53, 4509.59, 4509.65, 4509.67, and 4509.80 be amended and section 2323.57 of the Revised Code be enacted to read as follows:
Sec. 2323.57. (A) As used in this section:
(1) "Proof of financial responsibility" has the same meaning as in section 4509.01 of the Revised Code.
(2) "Noneconomic loss" has the same meaning as in section 2323.56 of the Revised Code.
(B) In any civil action to recover damages for accidental bodily injury incurred during the operation of a motor vehicle, both of the following are applicable to the award of damages:
(1) There shall not be any limitation on the award of compensatory damages for economic losses sustained by the plaintiff;
(2) Except as provided in division (C) of this section, the plaintiff shall not be awarded damages for noneconomic losses if, at the time of the injury, the plaintiff was operating a motor vehicle owned by the plaintiff without proof of financial responsibility. (C) This section does not apply to wrongful death actions brought pursuant to Chapter 2125. of the Revised Code.
Sec. 4509.01. As used in sections 4509.01 to 4509.78 of
the
Revised Code: (A) "Person" includes every natural person, firm,
partnership, association, or corporation. (B) "Driver" means every person who drives or is in actual
physical control of a motor vehicle. (C) "License" includes any license, permit, or privilege
to
operate a motor vehicle issued under the laws of this state
including: (1) Any temporary instruction permit or examiner's driving
permit; (2) The privilege of any person to drive a motor vehicle
whether or not such person holds a valid license; (3) Any nonresident's operating privilege. (D) "Owner" means a person who holds the legal title of a
motor vehicle. If a motor vehicle is the subject of a lease with
an
immediate right of possession vested in the
lessee, the lessee
is the owner.
A person listed as the owner on a certificate of
title on
which there is a notation of a security interest is the
owner.
A buyer or other transferee of a motor vehicle
who
receives the certificate of title from the seller or
transferor
listing the seller or transferor thereon as the owner
with an
assignment of title to the buyer or transferee
nonetheless is the
owner even though a subsequent certificate of
title has not been
issued listing the buyer or transferee
as the owner. (E) "Registration" means registration certificates and
registration plates issued under the laws of this state
pertaining
to the registration of motor vehicles. (F) "Nonresident" means every person who is not a resident
of this state. (G) "Nonresident's operating privilege" means the
privilege
conferred upon a nonresident by the laws of this state
pertaining
to the operation by such person of a motor vehicle, or
the use of
a motor vehicle owned by such person, in this state. (H) "Vehicle" means every device by which any person or
property may be transported upon a highway, except
electric
personal assistive mobility devices, devices moved
by power
collected from overhead electric trolley wires, or used
exclusively upon stationary rails or tracks, and except devices
other than bicycles moved by human power. (I) "Motor vehicle" means every vehicle propelled by power
other than muscular power or power collected from overhead
electric trolley wires, except 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, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery,
threshing machinery, hay baling machinery, and agricultural
tractors and machinery used in the production of horticultural,
floricultural, agricultural, and vegetable products. (J) "Accident" or "motor vehicle accident" means any
accident involving a motor vehicle which results in bodily injury
to or death of any person, or damage to the property of any
person
in excess of four hundred dollars. (K) "Proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
motor vehicle in the amount of twelve twenty-five thousand five hundred
dollars because of bodily injury to or death of one person in any
one accident, in the amount of twenty-five fifty thousand dollars
because of bodily injury to or death of two or more persons in
any
one accident, and in the amount of seven twenty-five thousand five
hundred
dollars because of injury to property of others in any
one
accident. (L) "Motor-vehicle liability policy" means an "owner's
policy" or an "operator's policy" of liability insurance,
certified as provided in section 4509.46 or 4509.47 of the
Revised
Code as proof of financial responsibility, and issued,
except as
provided in section 4509.47 of the Revised Code, by an
insurance
carrier authorized to do business in this state, to or
for the
benefit of the person named therein as insured.
Sec. 4509.101. (A)(1) No person shall operate, or permit
the operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout
the
registration period with respect to that vehicle, or, in the
case
of a driver who is not the owner, with respect to that
driver's
operation of that vehicle. (2) Whoever violates division (A)(1) of this section shall
be subject to the following civil penalties: (a) Suspension of the person's operating privileges and
impoundment of the person's license until the person complies
with
division (A)(5) of this section. The suspension shall be
for a
period of not less than ninety days except that if, within
five
years of the violation, the person's operating privileges
are
again suspended and the person's license is impounded
one or more
times for a violation of division (A)(1) of this section, the
suspension shall be for a period of not less than one year.
Except
as
provided by section 4509.105 of the Revised Code, the
suspension is not
subject to revocation, suspension, or
occupational or other limited operating privileges. (b) In addition to the suspension of an owner's license
under division (A)(2)(a) of this section, the suspension of the
rights of the owner to register the motor vehicle and the
impoundment of the owner's certificate of registration and
license
plates until the owner complies with division (A)(5)
of this
section. (3) A person to whom this state has issued a certificate
of
registration for a motor vehicle or a license to operate a
motor
vehicle or who is determined to have operated any motor
vehicle or
permitted the operation in this state of a motor
vehicle owned by
the person shall be required to verify the
existence of proof of
financial responsibility covering the
operation of the motor
vehicle or the person's operation of the
motor vehicle under any
of the following circumstances: (a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code. (b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of
this
section. (c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification. (4) An order of the registrar that suspends and
impounds a
license or
registration, or both, shall state the date on or
before which
the person is required to surrender the person's
license or
certificate of registration and license plates. The
person
is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the
order, if
the person does either of the following: (a) On or before the date specified in the order,
personally
delivers the license or certificate of registration
and license
plates, or causes the delivery of the items, to
the registrar; (b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container
bearing a
postmark showing
a date no later than the date specified
in the order. (5) Except as provided in division (A)(6) of this
section,
the registrar shall not restore any operating
privileges or
registration rights suspended under this section,
return any
license, certificate of registration, or license
plates impounded
under this section, or reissue license plates
under section
4503.232 of the Revised Code, if the registrar
destroyed the
impounded license plates under that section,
or reissue a license
under section 4507.54 of the Revised Code,
if the registrar
destroyed the suspended license under that
section, unless the
rights are not subject to suspension or
revocation under any other
law and unless the person, in addition
to complying with all other
conditions required by law for
reinstatement of the operating
privileges or registration rights,
complies with all of the
following: (a) Pays a financial responsibility reinstatement fee of
seventy-five dollars for the first violation of division (A)(1)
of
this section, two hundred fifty dollars for a second violation
of
that division, and five hundred dollars for a third or
subsequent
violation of that division; (b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the
order,
pays a financial responsibility nonvoluntary compliance fee
in an
amount, not to exceed fifty dollars, determined by the
registrar; (c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code. (6) If the registrar issues an order under division
(A)(2)
of this
section resulting from the failure of a person to respond
to a financial
responsibility random verification request under
division (A)(3)(c) of this section and the person
successfully
maintains an affirmative defense to a violation of section 4507.02
of the
Revised Code or is determined by the registrar or a deputy
registrar to have been in compliance with division (A)(1) of this
section at the time of the initial financial responsibility random
verification request, the
registrar shall do both of the
following: (a) Terminate the order of suspension or impoundment; (b) Restore the operating privileges and registration rights
of
the person without payment of the fees established in divisions
(A)(5)(a) and (b) of this section and
without a requirement to
file proof of financial responsibility. (B)(1) Every party required to
file an accident report under
section 4509.06 of the Revised Code also shall
include with the
report a document described in division (G)(1) of this
section. If the registrar determines, within forty-five days after
the
report is filed, that an operator or owner has violated
division
(A)(1) of this section, the registrar shall do all of the
following: (a) Order the impoundment, with respect to the motor
vehicle
involved, required under division (A)(2)(b) of this
section, of
the certificate of registration and license
plates of any owner
who has violated division (A)(1) of this
section; (b) Order the suspension required under division (A)(2)(a)
of this section of the license of any operator or owner who has
violated division (A)(1) of this section; (c) Record the name and address of the person whose
certificate of registration and license plates have been
impounded
or are under an order of impoundment, or whose license
has been
suspended or is under an order of suspension; the serial
number of
the person's license; the serial numbers of
the person's
certificate of
registration and license plates; and the person's
social
security account number, if assigned, or, where the motor
vehicle
is used for hire or principally in connection with any
established business, the person's federal taxpayer
identification
number. The information shall be recorded in such
a manner that
it becomes a part of the person's permanent record,
and assists
the registrar in monitoring compliance with the
orders of
suspension or impoundment. (d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on
the
records of the bureau. The person, within ten days
after the date
of the mailing of the notification, shall surrender to
the
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension. (2) The registrar shall issue any order under division
(B)(1) of this section without a hearing. Any person
adversely
affected by the order, within ten days after the issuance of
the
order, may request an administrative hearing before the
registrar,
who shall provide the person with an opportunity for a
hearing in
accordance with this paragraph. A request for a
hearing does not
operate as a suspension of the order. The scope
of the hearing
shall be limited to whether the person in fact
demonstrated to the
registrar proof of financial responsibility
in accordance with
this section. The registrar shall determine
the date, time, and
place of any hearing, provided that the
hearing shall be held, and
an order issued or findings made,
within thirty days after the
registrar receives a request for a
hearing. If requested by the
person in writing, the registrar
may designate as the place of
hearing the county seat of the
county in which the person resides
or a place within fifty miles
of the person's residence. The
person shall pay the cost of the
hearing before the registrar, if
the registrar's order of
suspension or impoundment is upheld. (C) Any order of suspension or impoundment issued under
this
section or division (B) of section 4509.37 of the Revised
Code may
be terminated at any time if the registrar determines
upon a
showing of proof of financial responsibility that the
operator or
owner of the motor vehicle was in compliance with
division (A)(1)
of this section at the time of the traffic
offense, motor vehicle
inspection, or accident that
resulted in
the order against the
person. A determination may be made
without a hearing. This
division does not apply unless the
person shows good cause for the
person's failure to present
satisfactory proof of financial
responsibility to the
registrar prior to the issuance of the
order. (D)(1) For the purpose of enforcing this section, every
peace officer is deemed an agent of the registrar.
(a) Except as provided in division
(D)(1)(b) of this
section, any peace
officer who, in the performance of the peace
officer's duties as
authorized by
law, becomes aware of a person
whose license is under an order of
suspension, or whose
certificate of registration and license
plates are under an order
of impoundment, pursuant to this
section, may confiscate the
license, certificate of
registration, and license plates, and
return them to the
registrar. (b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license
is under an order of
suspension, or whose
certificate of registration and license
plates are under an order
of impoundment resulting from failure to
respond to a financial
responsibility random verification, shall
not, for that reason,
arrest the owner or operator or seize the vehicle or
license
plates. Instead, the peace officer shall issue a citation for a
violation of division (B)(1) of section 4507.02 of the
Revised
Code specifying the
circumstances as failure to respond to a
financial responsibility random
verification.
(2) A peace officer shall request the owner or operator of
a
motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the
time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code. (3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section.
The
peace officer shall inform every person who receives a traffic
ticket and who has failed to produce proof of
the
maintenance of
financial responsibility that the person
must submit proof to the
traffic violations bureau with any payment of a
fine and costs for
the ticketed violation or, if the person is to
appear in court for
the
violation, the person must submit proof
to the court. (4)(a) If a person who has failed to produce proof
of
the
maintenance of financial responsibility appears in court for a
ticketed
violation, the court may permit the defendant to present
evidence
of proof of financial responsibility to the court at such
time
and in such manner as the court determines to be necessary or
appropriate. The clerk of courts shall provide the registrar
with
the identity of any person who fails to submit proof of the
maintenance of financial responsibility pursuant to division
(D)(3) of this section. (b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that
proof to the
traffic violations bureau with payment of a fine and
costs for the ticketed
violation, the traffic violations bureau
shall notify the registrar of the
identity of that person. (5)(a) Upon receiving notice from a clerk of courts or
traffic
violations bureau pursuant to division (D)(4) of this
section,
the registrar shall
order the suspension of the license
of the person required under division
(A)(2)(a) of this section
and the impoundment of the
person's certificate of registration
and license plates required under
division (A)(2)(b) of this
section, effective thirty
days after the date of the mailing of
notification. The registrar also
shall notify the person
that the
person must present the registrar with proof of financial
responsibility in accordance with this section, surrender to the
registrar the person's certificate of registration,
license
plates,
and license, or submit a statement subject to section
2921.13 of
the Revised Code that the person did not operate or
permit
the operation
of the motor vehicle at the time of the
offense.
Notification
shall be in writing and shall be sent to
the person at the person's
last known address as shown on the
records of the bureau of motor
vehicles. The person, within
fifteen days after the date
of the mailing of notification, shall
present proof of financial
responsibility, surrender the
certificate of registration,
license plates, and license to the
registrar in a
manner set
forth in division (A)(4) of this
section, or submit the statement
required under this section
together with other information the
person considers appropriate.
If the registrar does not receive proof or the person
does
not surrender the certificate
of registration, license plates,
and
license, in accordance with this division, the registrar shall
permit
the order
for the suspension of the license of the person
and the
impoundment of the person's
certificate of registration
and license plates
to take effect. (b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license
plates required
under division (A)(2)(b) of this section and shall
send written notification
to the person, at the person's last
known address as shown on the records of
the bureau. (c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section,
within
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide
the
person with an opportunity for a hearing in accordance with
this
paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be
limited to whether the person in fact demonstrated to the
registrar proof of financial responsibility in accordance with
this section. The registrar shall determine the date, time, and
place of any hearing; provided, that the hearing shall be held,
and an order issued or findings made, within thirty days after
the
registrar receives a request for a hearing. If requested by
the
person in writing, the registrar may designate as the place
of
hearing the county seat of the county in which the person
resides
or a place within fifty miles of the person's residence.
Such
person shall pay the cost of the hearing before the
registrar, if
the registrar's order of suspension or impoundment
under division
(D)(5)(a) or (b) of this section is upheld. (6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of division (B)(1) of section
4507.02 of the Revised Code when the owner or operator fails to
show proof of the maintenance of financial responsibility
pursuant
to a peace officer's request under division (D)(2)
of this
section, if a check of the owner or operator's driving
record
indicates that the owner or operator, at the time of the
operation
of the motor vehicle, is required to file and maintain
proof of
financial responsibility under section 4509.45 of the
Revised Code
for a previous violation of this chapter. (7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid
for by the
registrar. (8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action
for
damages or loss to persons arising out of the performance of
any
duty required or authorized by this section. (9) As used in this division and divisions
(E) and (G) of
this section, "peace officer" has the meaning set forth in
section
2935.01 of the Revised Code. (E) All fees, except court costs, collected under this
section shall be paid into the state treasury to the credit of
the
financial responsibility compliance fund. The financial
responsibility compliance fund shall be used exclusively to cover
costs incurred by the bureau in the administration of this
section
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code,
and by any law enforcement agency employing any
peace officer who
returns any license, certificate of
registration, and license
plates to the registrar pursuant
to division (C) of this section,
except that the director
of
budget and management may transfer
excess money from the
financial responsibility compliance fund to
the state
bureau of motor vehicles fund if the registrar
determines that the amount of
money
in the financial
responsibility compliance fund exceeds the
amount required to
cover such costs incurred by the bureau or a
law enforcement
agency and requests the director to make the
transfer. All investment earnings of the financial responsibility
compliance fund shall be credited to the fund. (F) Chapter 119. of the Revised Code applies to this
section
only to the extent that any provision in that chapter is
not
clearly inconsistent with this section. (G)(1) The registrar, court, traffic violations
bureau, or
peace officer may require
proof of financial responsibility to be
demonstrated by use of a
standard form prescribed by the
registrar. If the use of a
standard form is not required, a
person may demonstrate proof of
financial responsibility under
this section by presenting to the
traffic violations bureau,
court, registrar, or peace officer
any of the following documents
or a copy of the documents: (a) A financial responsibility identification card as
provided in section
4509.104
4509.103 of the Revised Code; (b) A certificate of proof of financial responsibility on
a
form provided and approved by the registrar for the filing of
an
accident report required to be filed under section 4509.06 of
the
Revised Code; (c) A policy of liability insurance, a declaration page of
a
policy of liability insurance, or liability bond, if the policy
or
bond complies with section 4509.20 or sections 4509.49 to
4509.61
of the Revised Code; (d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code; (e)
A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code; (f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of
this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate. (3) A motor carrier certificated by the interstate
commerce
commission or by the public utilities commission may
demonstrate
proof of financial responsibility by providing a
statement
designating the motor carrier's operating authority and
averring
that the insurance coverage required by the
certificating
authority is in full force and effect. (4)(a) A finding by the registrar or court that a person
is
covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section. (b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following: (i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives; (ii) Constitute an admission of the existence of, or of
any
liability or coverage under, any policy or bond; (iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility. (c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous
contrary
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section. (H) In order for any document described in division
(G)(1)(b) of this section to be used for the demonstration
of
proof of financial responsibility under this section, the
document
shall state the name of the insured or obligor, the name
of the
insurer or surety company, and the effective and
expiration dates
of the financial responsibility, and designate
by explicit
description or by appropriate reference all motor
vehicles covered
which may include a reference to fleet insurance
coverage. (I) For purposes of this section, "owner" does not include
a
licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised
Code.
Nothing in this section or in section 4509.51 of the Revised Code
shall be
construed to prohibit a motor vehicle renting dealer
from
entering into a contractual agreement with a person whereby
the
person renting the motor vehicle agrees to be solely responsible
for
maintaining proof of
financial responsibility, in accordance
with this section, with
respect to the operation, maintenance, or
use of the motor vehicle during the
period
of the motor vehicle's
rental. (J) The purpose of this section is to require the
maintenance of proof of financial responsibility with respect to
the operation of motor vehicles on the highways of this state, so
as to minimize those situations in which persons are not
compensated for injuries and damages sustained in motor vehicle
accidents. The general assembly finds that this section contains
reasonable civil penalties and procedures for achieving this
purpose. (K) Nothing in this section shall be construed to be
subject
to section 4509.78 of the Revised Code. (L) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain
proof of
financial responsibility and provisions relating to
reinstatement
of registration rights, acceptable forms of proof
of financial
responsibility, and verification of the existence of
financial
responsibility during the period of registration.
Sec. 4509.20. (A) A policy or bond does not comply with
divisions (A)(5), (A)(6), and (A)(7) of section 4509.19 of the
Revised Code unless issued by an insurance company or surety
company authorized to do business in this state, except as
provided in division (B) of this section, or unless such policy
or
bond is subject, if the accident has resulted in bodily injury
or
death, to a limit, exclusive of interest and costs, of not
less
than
twelve
twenty-five thousand
five hundred dollars because of
bodily
injury to or death of one person in any one accident, and,
subject to said limit for one person, to a limit of not less than
twenty-five
fifty thousand dollars because of bodily injury to or
death
of two or more persons in one accident, and, if the accident
has
resulted in injury to, or destruction of property, to a limit
of
not less than
seven
twenty-five thousand
five hundred dollars
because of
injury to or destruction of property of others in any
one
accident. (B) A policy or bond does not comply with divisions (A)
(5),
(A) (6), and (A) (7) of section 4509.19 of the Revised Code
with
respect to any motor vehicle which was not registered in
this
state or was a motor vehicle which was registered elsewhere
than
in this state at the effective date of the policy or bond or
the
most recent renewal thereof, unless the insurance company or
surety company issuing such policy or bond is authorized to do
business in this state, or if said company is not authorized to
do
business in this state unless it executes a power of attorney
authorizing the registrar of motor vehicles to accept service on
its behalf of notice or process in any action upon such policy or
bond arising out of such accident. The registrar may rely upon the accuracy of the information
in the required report of a motor vehicle accident as to the
existence of insurance or a bond unless the registrar has reason
to believe that the information is erroneous.
Sec. 4509.41. (A) Judgments are satisfied for the purpose
of sections 4509.01 to 4509.78, inclusive, of the Revised Code,
in
each of the following cases: (1) When
twelve
twenty-five thousand
five hundred dollars
has been
credited upon any judgments in excess of that amount
because of
bodily injury to or death of one person as a result of
any one
accident; (2) When
the sum of twenty-five
fifty thousand dollars has
been
credited upon any judgments in excess of that amount because
of
bodily injury to or death of two or more persons as the result
of
any one accident; (3) When
seven
twenty-five thousand
five hundred dollars has
been
credited upon any judgments rendered in excess of that amount
because of injury to property of others as a result of any one
accident. (B) Payments made in settlements of any claims because of
bodily injury, death, or property damage arising from such
accident shall be credited in reduction of the amounts provided
for in this section.
Sec. 4509.45. Proof of financial responsibility when
required under section 4507.022, 4509.101, 4509.32, 4509.33,
4509.34, 4509.38, 4509.40, 4509.42, or 4509.44 of the Revised
Code
may be given by filing any of the following: (A) A financial responsibility identification card as
provided in section
4509.104 of the Revised Code; (B) A certificate of insurance as provided in section
4509.46 or 4509.47 of the Revised Code; (C) A bond as provided in section 4509.59 of the Revised
Code; (D)
A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code; (E) A certificate of self-insurance, as provided in
section
4509.72 of the Revised Code, supplemented by an agreement
by the
self-insurer that, with respect to accidents occurring
while the
certificate is in force,
he
the self-insurer will pay
the same
amounts
that an insurer would have been obligated to pay under an
owner's
motor vehicle liability policy if it had issued such a
policy to
the self-insurer.
Such proof shall be filed and maintained for five years
from
the date of suspension of operating privileges by the
registrar of
motor vehicles.
Sec. 4509.51.
Every
Subject to the terms and conditions of
an owner's policy, every owner's policy of liability insurance: (A) Shall designate by explicit description or by
appropriate reference all motor vehicles with respect to which
coverage is thereby granted; (B) Shall insure the person named therein and any other
person, as insured, using any such motor vehicles with the
express
or implied permission of the insured, against loss from
the
liability imposed by law for damages arising out of the
ownership,
maintenance, or use of such vehicles within the United
States or
the Dominion of Canada, subject to
monetary limits exclusive of
interest
and costs, with respect to each such motor vehicle, as
follows: (1)
Twelve
Twenty-five thousand
five hundred dollars because
of bodily
injury to or death of one person in any one accident; (2)
Twenty-five
Fifty thousand dollars because of bodily
injury
to or death of two or more persons in any one accident; (3)
Seven
Twenty-five thousand
five hundred dollars because
of injury
to property of others in any one accident.
Sec. 4509.53. Every motor-vehicle liability policy is subject to the
following
provisions which need not be contained therein: (A) The Subject to the terms and conditions of the policy, the liability of the insurance carrier with respect to the insurance
required by sections 4509.01 to 4509.78, inclusive, of the Revised Code, shall
become absolute conclusive whenever injury or damage covered by the policy occurs; the
policy shall not be canceled or annulled as to such liability by any agreement
between the insurance carrier and the insured after the occurrence of the
injury; no statement made by the insured or on his the insured's
behalf and no violation of
the policy shall defeat or void the policy. (B) The satisfaction by the insured of a judgment for such injury or damage
shall not be a condition precedent to the right or duty of the insurance
carrier to make payment on account of such injury or damage. (C) The insurance carrier may settle any claim covered by the policy, and if
such settlement is made in good faith, the amount thereof shall be deductible
from the limits of liability specified in division (B) of section 4509.51 of
the Revised Code. (D) The policy, the written application therefor, and any rider or
indorsement
which does not conflict with sections 4509.01 to 4509.78, inclusive, of the
Revised Code, shall constitute the entire contract between the parties.
Sec. 4509.59. Proof of financial responsibility may be
evidenced by the bond
of a surety company duly authorized to
transact business within this state, or
a bond with at least two
individual sureties each owning real estate within
this state, and
together having equities equal in value to at least twice the
amount of
such
the bond; the. Any such real estate shall be
scheduled in the bond approved
by
a judge of a court of record
and
the. The bond shall be conditioned for payment of
the amount
specified in section 4509.62 of the Revised Code
thirty thousand
dollars.
Such
The bond shall
be filed with the registrar
of motor
vehicles and shall not be cancelable except after ten days
written
notice to the registrar
of motor vehicles.
Sec. 4509.65. The registrar of motor vehicles shall consent
to the
cancellation of any bond or certificate of insurance
or the
registrar shall
direct and the treasurer of state shall return any
money or securities to the
person entitled thereto upon the
substitution and acceptance of other adequate
proof of financial
responsibility in accordance with sections 4509.01 to
4509.78,
inclusive, of the Revised Code.
Sec. 4509.67. (A) The registrar of motor vehicles shall,
upon request, consent to the immediate cancellation of any bond
or
certificate of insurance,
or shall direct and the treasurer of
state shall return to the person entitled any money or securities
deposited under sections 4509.01 to 4509.78 of the Revised Code,
as proof of financial responsibility, or the registrar shall
waive
the requirement of filing proof, in any of the following
events: (1) At any time after three years from the date such proof
was required when, during the three years preceding the request,
the registrar has not received record of a conviction or bail
forfeiture
which
that would require or permit the suspension or
revocation of the license, registration, or nonresident's
operating privilege of the person by or for whom such proof was
furnished and the person's motor vehicle registration has not
been
suspended for a violation of section 4509.101 of the Revised
Code; (2) In the event of the death of the person on whose
behalf
such proof was filed or the permanent incapacity of such
person to
operate a motor vehicle; (3) In the event the person who has given proof surrenders
his
the person's license and registration to the registrar. (B) The registrar shall not consent to the cancellation of
any bond
or the return of any money or securities if any action
for damages upon a liability covered by such proof is pending, or
any judgment upon any such liability is unsatisfied, or in the
event the person who has filed such bond
or deposited such money
or securities has within two years immediately preceding such
request been involved as a driver or owner in any
motor-vehicle
motor vehicle accident resulting in injury to the person or
property of others. An affidavit of the applicant as to the
nonexistence of such facts, or that
he
the applicant has been
released from all
liability, or has been finally adjudicated not
liable, for such
injury may be accepted as evidence thereof in the
absence of
evidence to the contrary in the records of the
registrar. (C) Whenever any person whose proof has been canceled
or
returned under division (A)(3) of this section applies for a
license or registration within a period of three years from the
date proof was originally required, any such application shall be
refused unless the applicant re-establishes proof of financial
responsibility for the remainder of the three-year period.
Sec. 4509.80. (A) Every owner registering a chauffeured
limousine shall furnish and maintain proof of financial
responsibility with respect to the limousine by filing with the
registrar of motor vehicles any of the following: (1) A certificate of insurance as provided in section
4509.46 or 4509.47 of the Revised Code; (2) A policy of liability insurance, a declaration page of
a
policy of liability insurance, or liability bond, if the policy
or
bond provides coverage in accordance with division (B) of this
section and otherwise complies with sections 4509.49 to 4509.61
of
the Revised Code, and if the policy or bond provides that such
policy or bond shall not be canceled or terminated prior to not
less than ten days after a written notice of cancellation or
termination is filed with the registrar; (3) A bond or certification of the issuance of a bond if
the
bond provides coverage in the amount of three hundred
thousand
dollars and otherwise complies with section 4509.59 of
the Revised
Code; (4)
A certificate of deposit of money or securities if the
certificate of deposit provides coverage in the amount of three
hundred thousand dollars and otherwise complies with section
4509.62 of the Revised Code; (5) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(B) As used in this section and section 4509.81 of the
Revised Code, "proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
chauffeured limousine in the amount of one hundred thousand
dollars because of bodily injury to or death of one person in any
one accident, three hundred thousand dollars because of bodily
injury to or death of two or more persons in any one accident,
and
fifty thousand dollars because of injury to property of
others in
any one accident. (C) Upon the request of a law enforcement officer, the
operator of any chauffeured limousine shall produce proof of
compliance with this section. The law enforcement officer
requesting such proof shall notify the registrar of any violation
of this section. The notice to the registrar shall be on a form
prescribed by the registrar and supplied by the registrar at the
registrar's expense, and shall include the license plate number
of
the chauffeured limousine and any other information the
registrar
requires. (D) The owner, or
his
the owner's designee, shall provide
written
notice to the registrar of cancellation or termination of
the
coverage required by this section not less than ten days prior
to
the effective date of cancellation, and, on or before the
effective date of cancellation, shall voluntarily surrender the
livery license plate sticker for the vehicle or vehicles for
which
the cancellation is effective. If the livery license plate
sticker is timely and voluntarily surrendered, the registrar
shall, upon the filing of proof of financial responsibility as
required by this section, reinstate the livery registration of
the
vehicle and issue a current livery license plate sticker for
the
vehicle.
Section 2. That existing sections 4509.01, 4509.101, 4509.20, 4509.41, 4509.45, 4509.51, 4509.53, 4509.59, 4509.65, 4509.67, and 4509.80, and sections Sec. 4509.62. and Sec. 4509.63. of the Revised Code are hereby repealed.
Section 3. Sections 4509.01, 4509.20, 4509.41, 4509.51, and 4509.53 of the Revised Code, as amended by this act, apply only with respect to new insurance policies or bonds, and renewals of insurance policies or bonds, that are issued on or after the effective date of this act.
Section 4. Upon the effective date of this act, the Registrar of Motor Vehicles shall send notice to each person who has deposited money or securities with the Treasurer of State in accordance with sections 4509.62 and 4509.63 of the Revised Code, as repealed by this act. The notice shall inform such persons that they must, within ninety days after receiving the notice, submit to the Registrar proof of financial responsibility in another manner approved by the Registrar. Upon receiving such proof, the Registrar shall direct the Treasurer of State to return the money or securities deposited by each such person. The Treasurer of State shall promptly comply with the Registrar's request.
Section 5. That the versions of sections 4509.101, 4509.45, and 4509.80 of the Revised Code that are scheduled to take effect January 1, 2004, be amended to read as follows: Sec. 4509.101. (A)(1) No person shall operate, or permit
the operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout
the
registration period with respect to that vehicle, or, in the
case
of a driver who is not the owner, with respect to that
driver's
operation of that vehicle. (2) Whoever violates division (A)(1) of this section shall
be subject to the following civil penalties: (a)
Subject
to divisions (A)(2)(b) and (c) of this
section,
a class
E
suspension of the person's driver's license, commercial
driver's
license, temporary instruction permit, probationary
license, or
nonresident
operating privilege for the period of time
specified
in division
(B)(5) of
section 4510.02 of the Revised
Code and
impoundment of the person's license.
The
court
may
grant
limited driving privileges to the person only if the
person
presents proof of financial responsibility and has complied
with
division
(A)(5) of this section. (b) If, within
five years of the violation, the person's
operating privileges
are again suspended and the person's license
again is impounded
for a violation of division
(A)(1) of this
section,
a class
C suspension of the person's
driver's license,
commercial driver's
license, temporary
instruction permit,
probationary license, or nonresident
operating
privilege for the
period of time specified in division
(B)(3) of
section 4510.02 of
the Revised Code. The court may grant limited
driving privileges
to the
person only if the person presents proof
of financial
responsibility and has
complied with division (A)(5)
of this
section, and no court may grant
limited driving privileges
for the
first fifteen days of the
suspension. (c)
If, within five years of the violation, the
person's
operating privileges are suspended and the person's license is
impounded two or more times for a violation of division (A)(1) of
this section, a class B suspension of the person's driver's
license, commercial driver's license, temporary instruction
permit,
probationary license, or nonresident operating privilege
for the period of
time
specified in division (B)(2) of section
4510.02 of the Revised Code. No court may
grant limited driving
privileges during the suspension. (d) In addition to
the suspension of an owner's
license
under division (A)(2)(a), (b),
or
(c) of this
section, the
suspension of the
rights of the owner to register the motor
vehicle and the
impoundment of the owner's certificate of
registration and
license plates until the owner complies with
division (A)(5)
of this section. (3) A person to whom this state has issued a certificate
of
registration for a motor vehicle or a license to operate a
motor
vehicle or who is determined to have operated any motor
vehicle or
permitted the operation in this state of a motor
vehicle owned by
the person shall be required to verify the
existence of proof of
financial responsibility covering the
operation of the motor
vehicle or the person's operation of the
motor vehicle under any
of the following circumstances: (a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code. (b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of
this
section. (c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification. (4) An order of the registrar that suspends and
impounds a
license or
registration, or both, shall state the date on or
before which
the person is required to surrender the person's
license or
certificate of registration and license plates. The
person
is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the
order, if
the person does either of the following: (a) On or before the date specified in the order,
personally
delivers the license or certificate of registration
and license
plates, or causes the delivery of the items, to
the registrar; (b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container
bearing a
postmark showing
a date no later than the date specified
in the order. (5) Except as provided in division (A)(6)
or (L) of this
section,
the registrar shall not restore any operating
privileges
or
registration rights suspended under this section,
return any
license, certificate of registration, or license
plates impounded
under this section, or reissue license plates
under section
4503.232 of the Revised Code, if the registrar
destroyed the
impounded license plates under that section,
or reissue a license
under section
4510.52 of the
Revised Code,
if the
registrar
destroyed the suspended license under that
section,
unless the
rights are not subject to suspension or
revocation
under any other
law and unless the person, in addition
to
complying with all other
conditions required by law for
reinstatement of the operating
privileges or registration rights,
complies with all of the
following: (a) Pays a financial responsibility reinstatement fee of
seventy-five dollars for the first violation of division (A)(1)
of
this section, two hundred fifty dollars for a second violation
of
that division, and five hundred dollars for a third or
subsequent
violation of that division; (b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the
order,
pays a financial responsibility nonvoluntary compliance fee
in an
amount, not to exceed fifty dollars, determined by the
registrar; (c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code. (6) If the registrar issues an order under division
(A)(2)
of this
section resulting from the failure of a person to respond
to a financial
responsibility random verification request under
division (A)(3)(c) of this section and the person
successfully
maintains an affirmative defense to a violation of section
4510.16 of the
Revised Code or is determined by the registrar or a
deputy
registrar to have been in compliance with division (A)(1)
of this
section at the time of the initial financial
responsibility random
verification request, the
registrar shall do
both of the following: (a) Terminate the order of suspension or impoundment; (b) Restore the operating privileges and registration rights
of
the person without payment of the fees established in divisions
(A)(5)(a) and (b) of this section and
without a requirement to
file proof of financial responsibility. (B)(1) Every party required to
file an accident report under
section 4509.06 of the Revised Code also shall
include with the
report a document described in division (G)(1) of this
section. If the registrar determines, within forty-five days after
the
report is filed, that an operator or owner has violated
division
(A)(1) of this section, the registrar shall do all of the
following: (a) Order the impoundment, with respect to the motor
vehicle
involved, required under division (A)(2)(d) of this
section, of
the certificate of registration and license
plates of any owner
who has violated division (A)(1) of this
section; (b) Order the suspension required under division (A)(2)(a),
(b),
or
(c)
of this section of the license of any operator or
owner who has
violated division (A)(1) of this section; (c) Record the name and address of the person whose
certificate of registration and license plates have been
impounded
or are under an order of impoundment, or whose license
has been
suspended or is under an order of suspension; the serial
number of
the person's license; the serial numbers of
the person's
certificate of
registration and license plates; and the person's
social
security account number, if assigned, or, where the motor
vehicle
is used for hire or principally in connection with any
established business, the person's federal taxpayer
identification
number. The information shall be recorded in such
a manner that
it becomes a part of the person's permanent record,
and assists
the registrar in monitoring compliance with the
orders of
suspension or impoundment. (d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on
the
records of the bureau. The person, within ten days
after the date
of the mailing of the notification, shall surrender to
the
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension. (2) The registrar shall issue any order under division
(B)(1) of this section without a hearing. Any person
adversely
affected by the order, within ten days after the issuance of
the
order, may request an administrative hearing before the
registrar,
who shall provide the person with an opportunity for a
hearing in
accordance with this paragraph. A request for a
hearing does not
operate as a suspension of the order. The scope
of the hearing
shall be limited to whether the person in fact
demonstrated to the
registrar proof of financial responsibility
in accordance with
this section. The registrar shall determine
the date, time, and
place of any hearing, provided that the
hearing shall be held, and
an order issued or findings made,
within thirty days after the
registrar receives a request for a
hearing. If requested by the
person in writing, the registrar
may designate as the place of
hearing the county seat of the
county in which the person resides
or a place within fifty miles
of the person's residence. The
person shall pay the cost of the
hearing before the registrar, if
the registrar's order of
suspension or impoundment is upheld. (C) Any order of suspension or impoundment issued under
this
section or division (B) of section 4509.37 of the Revised
Code may
be terminated at any time if the registrar determines
upon a
showing of proof of financial responsibility that the
operator or
owner of the motor vehicle was in compliance with
division (A)(1)
of this section at the time of the traffic
offense, motor vehicle
inspection, or accident that
resulted in
the order against the
person. A determination may be made
without a hearing. This
division does not apply unless the
person shows good cause for the
person's failure to present
satisfactory proof of financial
responsibility to the
registrar prior to the issuance of the
order. (D)(1) For the purpose of enforcing this section, every
peace officer is deemed an agent of the registrar.
(a) Except as provided in division
(D)(1)(b) of this
section, any peace
officer who, in the performance of the peace
officer's duties as
authorized by
law, becomes aware of a person
whose license is under an order of
suspension, or whose
certificate of registration and license
plates are under an order
of impoundment, pursuant to this
section, may confiscate the
license, certificate of
registration, and license plates, and
return them to the
registrar. (b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license
is under an order of
suspension, or whose
certificate of registration and license
plates are under an order
of impoundment resulting from failure to
respond to a financial
responsibility random verification, shall
not, for that reason,
arrest the owner or operator or seize the vehicle or
license
plates. Instead, the peace officer shall issue a citation for a
violation of
section
4510.16
of the
Revised Code specifying the
circumstances as failure to respond to
a financial responsibility
random
verification.
(2) A peace officer shall request the owner or operator of
a
motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the
time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code. (3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section.
The
peace officer shall inform every person who receives a traffic
ticket and who has failed to produce proof of
the
maintenance of
financial responsibility that the person
must submit proof to the
traffic violations bureau with any payment of a
fine and costs for
the ticketed violation or, if the person is to
appear in court for
the
violation, the person must submit proof
to the court. (4)(a) If a person who has failed to produce proof
of
the
maintenance of financial responsibility appears in court for a
ticketed
violation, the court may permit the defendant to present
evidence
of proof of financial responsibility to the court at such
time
and in such manner as the court determines to be necessary or
appropriate. The clerk of courts shall provide the registrar
with
the identity of any person who fails to submit proof of the
maintenance of financial responsibility pursuant to division
(D)(3) of this section. (b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that
proof to the
traffic violations bureau with payment of a fine and
costs for the ticketed
violation, the traffic violations bureau
shall notify the registrar of the
identity of that person. (5)(a) Upon receiving notice from a clerk of courts or
traffic
violations bureau pursuant to division (D)(4) of this
section,
the registrar shall
order the suspension of the license
of the person required under division
(A)(2)(a), (b),
or
(c) of
this section and the
impoundment of the
person's certificate of
registration and license plates required under
division
(A)(2)(d)
of this section, effective thirty
days after the date
of the
mailing of notification. The registrar also
shall notify
the
person
that the person must present the registrar with proof
of
financial
responsibility in accordance with this section,
surrender to the
registrar the person's certificate of
registration,
license plates,
and license, or submit a statement
subject to section 2921.13 of
the Revised Code that the person did
not operate or permit
the operation
of the motor vehicle at the
time of the offense.
Notification
shall be in writing and shall
be sent to the person at the person's
last known address as shown
on the records of the bureau of motor
vehicles. The person,
within fifteen days after the date
of the mailing of notification,
shall present proof of financial
responsibility, surrender the
certificate of registration,
license plates, and license to the
registrar in a
manner set
forth in division (A)(4) of this
section, or submit the statement
required under this section
together with other information the
person considers appropriate.
If the registrar does not receive proof or the person
does
not surrender the certificate
of registration, license plates,
and
license, in accordance with this division, the registrar shall
permit
the order
for the suspension of the license of the person
and the
impoundment of the person's
certificate of registration
and license plates
to take effect. (b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license
plates required
under division (A)(2)(d) of this section and
shall
send
written notification
to the person, at the person's
last
known address as shown on the records of
the bureau. (c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section,
within
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide
the
person with an opportunity for a hearing in accordance with
this
paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be
limited to whether the person in fact demonstrated to the
registrar proof of financial responsibility in accordance with
this section. The registrar shall determine the date, time, and
place of any hearing; provided, that the hearing shall be held,
and an order issued or findings made, within thirty days after
the
registrar receives a request for a hearing. If requested by
the
person in writing, the registrar may designate as the place
of
hearing the county seat of the county in which the person
resides
or a place within fifty miles of the person's residence.
Such
person shall pay the cost of the hearing before the
registrar, if
the registrar's order of suspension or impoundment
under division
(D)(5)(a) or (b) of this section is upheld. (6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of
section
4510.16 of the Revised
Code when the owner or operator
fails to
show proof of the
maintenance of financial responsibility
pursuant to a peace
officer's request under division (D)(2)
of
this section, if a
check of the owner or operator's driving
record
indicates that the
owner or operator, at the time of the
operation
of the motor
vehicle, is required to file and maintain
proof of
financial
responsibility under section 4509.45 of the
Revised Code
for a
previous violation of this chapter. (7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid
for by the
registrar. (8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action
for
damages or loss to persons arising out of the performance of
any
duty required or authorized by this section. (9) As used in this division and divisions
(E) and (G) of
this section, "peace officer" has the meaning set forth in
section
2935.01 of the Revised Code. (E) All fees, except court costs, collected under this
section shall be paid into the state treasury to the credit of
the
financial responsibility compliance fund. The financial
responsibility compliance fund shall be used exclusively to cover
costs incurred by the bureau in the administration of this
section
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code,
and by any law enforcement agency employing any
peace officer who
returns any license, certificate of
registration, and license
plates to the registrar pursuant
to division (C) of this section,
except that the director
of
budget and management may transfer
excess money from the
financial responsibility compliance fund to
the state
bureau of motor vehicles fund if the registrar
determines that the amount of
money
in the financial
responsibility compliance fund exceeds the
amount required to
cover such costs incurred by the bureau or a
law enforcement
agency and requests the director to make the
transfer. All investment earnings of the financial responsibility
compliance fund shall be credited to the fund. (F) Chapter 119. of the Revised Code applies to this
section
only to the extent that any provision in that chapter is
not
clearly inconsistent with this section. (G)(1) The registrar, court, traffic violations
bureau, or
peace officer may require
proof of financial responsibility to be
demonstrated by use of a
standard form prescribed by the
registrar. If the use of a
standard form is not required, a
person may demonstrate proof of
financial responsibility under
this section by presenting to the
traffic violations bureau,
court, registrar, or peace officer
any of the following documents
or a copy of the documents: (a) A financial responsibility identification card as
provided in section
4509.103 of the Revised Code; (b) A certificate of proof of financial responsibility on
a
form provided and approved by the registrar for the filing of
an
accident report required to be filed under section 4509.06 of
the
Revised Code; (c) A policy of liability insurance, a declaration page of
a
policy of liability insurance, or liability bond, if the policy
or
bond complies with section 4509.20 or sections 4509.49 to
4509.61
of the Revised Code; (d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code; (e) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code; (f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of
this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate. (3) A motor carrier certificated by the interstate
commerce
commission or by the public utilities commission may
demonstrate
proof of financial responsibility by providing a
statement
designating the motor carrier's operating authority and
averring
that the insurance coverage required by the
certificating
authority is in full force and effect. (4)(a) A finding by the registrar or court that a person
is
covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section. (b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following: (i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives; (ii) Constitute an admission of the existence of, or of
any
liability or coverage under, any policy or bond; (iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility. (c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous
contrary
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section. (H) In order for any document described in division
(G)(1)(b) of this section to be used for the demonstration
of
proof of financial responsibility under this section, the
document
shall state the name of the insured or obligor, the name
of the
insurer or surety company, and the effective and
expiration dates
of the financial responsibility, and designate
by explicit
description or by appropriate reference all motor
vehicles covered
which may include a reference to fleet insurance
coverage. (I) For purposes of this section, "owner" does not include
a
licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised
Code.
Nothing in this section or in section 4509.51 of the Revised Code
shall be
construed to prohibit a motor vehicle renting dealer
from
entering into a contractual agreement with a person whereby
the
person renting the motor vehicle agrees to be solely responsible
for
maintaining proof of
financial responsibility, in accordance
with this section, with
respect to the operation, maintenance, or
use of the motor vehicle during the
period
of the motor vehicle's
rental. (J) The purpose of this section is to require the
maintenance of proof of financial responsibility with respect to
the operation of motor vehicles on the highways of this state, so
as to minimize those situations in which persons are not
compensated for injuries and damages sustained in motor vehicle
accidents. The general assembly finds that this section contains
reasonable civil penalties and procedures for achieving this
purpose. (K) Nothing in this section shall be construed to be
subject
to section 4509.78 of the Revised Code. (L)
The registrar may terminate any suspension imposed under
this section and not require the owner to comply with divisions
(A)(5)(a), (b), and (c) of this section if the registrar with or
without a hearing determines that the owner of the vehicle has
established by clear and convincing evidence that all of the
following apply: (1) The owner customarily maintains proof of financial
responsibility. (2) Proof of financial responsibility was not in effect for
the vehicle on the date in question for one of the following
reasons: (a) The vehicle was inoperable. (b) The vehicle is operated only seasonally, and the date in
question was outside the season of operation.
(c) A person other than the vehicle owner or driver was at
fault for the lapse of proof of financial responsibility through
no fault of the owner or driver. (d) The lapse of proof of financial responsibility was
caused by excusable neglect under circumstances that are not
likely to recur and do not suggest a purpose to evade the
requirements of this chapter. (3) The owner or driver has not previously been granted
relief under division (L) of this section. (M) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain
proof of
financial responsibility and provisions relating to
reinstatement
of registration rights, acceptable forms of proof
of financial
responsibility, and verification of the existence of
financial
responsibility during the period of registration.
Sec. 4509.45.
(A) Proof of financial responsibility when
required under section
4509.101,
4509.33,
4509.34, 4509.38,
4509.40, 4509.42,
4509.44,
or
4510.038 of the
Revised
Code may be
given by filing any of the following: (1) A financial responsibility identification card as
provided in section
4509.104 of the Revised Code; (2) A certificate of insurance as provided in section
4509.46 or 4509.47 of the Revised Code; (3) A bond as provided in section 4509.59 of the Revised
Code; (4) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code; (5) A certificate of self-insurance, as provided in
section
4509.72 of the Revised Code, supplemented by an agreement
by the
self-insurer that, with respect to accidents occurring
while the
certificate is in force,
the self-insurer will pay
the same
amounts
that an insurer would have been obligated to pay
under an
owner's
motor vehicle liability policy if it had issued
such a
policy to
the self-insurer.
(B)
Proof under division (A) of this
section
shall
be filed
and maintained for five years
from the date of
the
registrar's
imposition of a class A,
B, or C
suspension of
operating
privileges
and shall
be filed and maintained for three
years from
the date of the
registrar's imposition of a class D,
E, or F
suspension
of
operating privileges.
Sec. 4509.80. (A) Every owner registering a chauffeured
limousine shall furnish and maintain proof of financial
responsibility with respect to the limousine by filing with the
registrar of motor vehicles any of the following: (1) A certificate of insurance as provided in section
4509.46 or 4509.47 of the Revised Code; (2) A policy of liability insurance, a declaration page of
a
policy of liability insurance, or liability bond, if the policy
or
bond provides coverage in accordance with division (B) of this
section and otherwise complies with sections 4509.49 to 4509.61
of
the Revised Code, and if the policy or bond provides that such
policy or bond shall not be canceled or terminated prior to not
less than ten days after a written notice of cancellation or
termination is filed with the registrar; (3) A bond or certification of the issuance of a bond if
the
bond provides coverage in the amount of three hundred
thousand
dollars and otherwise complies with section 4509.59 of
the Revised
Code; (4) A certificate of deposit of money or securities if the
certificate of deposit provides coverage in the amount of three
hundred thousand dollars and otherwise complies with section
4509.62 of the Revised Code; (5) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(B) As used in this section and section 4509.81 of the
Revised Code, "proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
chauffeured limousine in the amount of one hundred thousand
dollars because of bodily injury to or death of one person in any
one accident, three hundred thousand dollars because of bodily
injury to or death of two or more persons in any one accident,
and
fifty thousand dollars because of injury to property of
others in
any one accident. (C) Upon the request of a law enforcement officer, the
operator of any chauffeured limousine shall produce proof of
compliance with this section. The law enforcement officer
requesting such proof shall notify the registrar of any violation
of this section. The notice to the registrar shall be on a form
prescribed by the registrar and supplied by the registrar at the
registrar's expense, and shall include the license plate number
of
the chauffeured limousine and any other information the
registrar
requires. (D) The owner, or
the owner's designee, shall provide
written
notice to the registrar of cancellation or termination of
the
coverage required by this section not less than ten days prior
to
the effective date of cancellation, and, on or before the
effective date of cancellation, shall voluntarily surrender the
livery license plate sticker for the vehicle or vehicles for
which
the cancellation is effective. If the livery license plate
sticker is timely and voluntarily surrendered, the registrar
shall, upon the filing of proof of financial responsibility as
required by this section, reinstate the livery registration of
the
vehicle and issue a current livery license plate sticker for
the
vehicle. (E)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Section 6. That the existing versions of sections 4509.101, 4509.45, and 4509.80 of the Revised Code that are scheduled to take effect on January 1, 2004, are hereby repealed.
Section 7. Sections 5 and 6 of this act shall take effect January 1, 2004.
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