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H. B. No. 343 As IntroducedAs Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representative Raga
A BILL
To amend sections 4507.05 and 4507.071 of the Revised Code to increase the age at which a person is eligible to obtain a temporary instruction permit from 15 years 6 months to 16 years and to prohibit the holder of a probationary driver's license from operating a motor vehicle between one a.m. and five a.m. or with more than one person who is not a family member occupying the vehicle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.05 and 4507.071 of the Revised Code be amended to read as follows:
Sec. 4507.05. (A) The registrar of motor vehicles, or
a
deputy registrar, upon receiving
an application
for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person
who is
at least fifteen sixteen years and six months of age, may
issue such a
permit and identification card entitling the applicant to
drive a
motor vehicle,
other than a commercial motor vehicle, upon the
highways
under the following conditions: (1) If the permit is issued to a person who is at least
fifteen sixteen years
and six months of age, but less than sixteen years six months
of age: (a) The permit and identification card are in the
holder's
immediate possession; (b) The holder is accompanied by an eligible adult
who
actually occupies the seat beside the permit holder and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code; (c) The total number of occupants of the vehicle
does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the
vehicle is wearing all of the available elements
of a properly adjusted
occupant restraining device. (2) If the permit is issued to a person who is at least
sixteen years six months of
age: (a) The permit and identification card are in the holder's
immediate
possession; (b) The holder is
accompanied by a licensed operator who is
at least twenty-one years of age, is actually occupying a
seat
beside the driver, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code; (c) The total number of occupants of the
vehicle does not
exceed the total number of occupant restraining devices
originally
installed in the motor vehicle by its manufacturer, and each
occupant
of the vehicle is wearing all of the
available elements
of a properly adjusted occupant restraining
device.
(B) The registrar or a deputy registrar,
upon receiving from
any person an application for a temporary
instruction permit and
temporary instruction permit identification card
to
operate a
motorcycle or motorized bicycle,
may issue such a permit and
identification card entitling the
applicant, while
having the
permit and identification card in the applicant's
immediate
possession, to drive a
motorcycle or motorized bicycle under
restrictions determined by the registrar.
A temporary instruction
permit and temporary instruction permit
identification card to
operate a motorized bicycle may be issued
to a person fourteen or
fifteen years old. (C) Any permit and identification card issued under this
section shall be
issued in the same manner as a driver's license,
upon a
form to be
furnished by the registrar.
A temporary
instruction
permit to drive a motor vehicle other than a
commercial motor vehicle
shall be valid for a period of one year.
(D) Any person having in the person's possession a
valid and
current
driver's license or motorcycle operator's license or
endorsement
issued to the person by another jurisdiction
recognized by
this state is
exempt from obtaining a temporary
instruction permit for a
driver's license, but shall submit to the
regular examination in
obtaining a driver's license or motorcycle
operator's endorsement
in this state.
(E) The registrar may adopt rules governing the use
of
temporary instruction permits and temporary
instruction permit
identification cards.
(F)(1) No holder of a permit issued
under division (A) of
this
section shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking in violation of the conditions
established under division (A)
of this section. (2) Except as provided in division (F)(2) of this section,
no
holder of a permit that is issued under division
(A) of this
section and that is issued on or
after
July 1, 1998, and who has not attained the age
of
seventeen eighteen years,
shall
operate a motor vehicle upon a highway or
any public or
private property used
by the public for purposes of
vehicular
travel or parking between the hours of
one a.m. and five
a.m. The holder of a permit issued under division (A) of this
section
on
or after
July 1,
1998, who has
not attained the age of
seventeen eighteen years, may operate
a motor
vehicle upon a highway or any public or
private property
used by
the public for purposes of vehicular travel or parking
between the
hours of one a.m. and five
a.m. if, at the time of
such operation,
the holder is
accompanied by the holder's parent,
guardian, or
custodian, and the parent,
guardian, or custodian
holds a current
valid driver's or commercial driver's
license
issued by this state, is actually occupying a seat beside the
permit holder, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code. (G)(1) Notwithstanding
any other provision of law to the
contrary, no law enforcement
officer shall cause the operator of a
motor vehicle being
operated on any street or highway to stop the
motor vehicle for
the sole purpose of determining whether each
occupant of the
motor vehicle is wearing all of the available
elements of a
properly adjusted occupant restraining device as
required by
division (A) of this
section, or for the sole purpose
of issuing a ticket, citation,
or summons if the requirement in
that division has been or is
being violated, or for causing the
arrest of or commencing a
prosecution of a person for a violation
of that
requirement. (2) Notwithstanding any other provision of law to the
contrary, no law
enforcement officer shall cause the operator of a
motor vehicle being operated
on any street or highway to stop the
motor vehicle for the sole purpose of
determining whether a
violation of division
(F)(2) of this section has been or is being
committed or for the sole purpose of issuing a ticket, citation,
or summons
for
such a violation or for causing the arrest of or
commencing a prosecution of a
person for such violation. (H) As used in this section: (1) "Eligible adult" means any of the following: (a) An instructor of
a driver training course approved
by
the department of public safety; (b) Any of the following persons who holds a current
valid
driver's or commercial driver's license issued by this state: (i) A parent, guardian, or custodian of the permit
holder; (ii) A person twenty-one years of age or older who
acts in
loco parentis of the permit holder. (2) "Occupant restraining device" has the same meaning as
in
section 4513.263 of the
Revised
Code.
(I) Whoever violates division (F)(1) or (2) of this section
is guilty of a minor misdemeanor.
Sec. 4507.071. (A) No driver's license shall be
issued to
any person under eighteen years of age, except that a
probationary
license may be issued to a person who is at least sixteen
years six months of
age and has held a temporary instruction permit for a
period of at
least six months. (B)(1) No holder of a probationary
driver's license issued on
or
after
the effective date of this section who has not attained the
age of
seventeen years January 1, 1999, shall operate a motor vehicle upon
a
highway or any public or private property used by the public for
purposes of
vehicular travel or parking between the hours of one
a.m.
and five a.m. unless the holder is accompanied
by the
holder's parent or guardian.
(2) No holder of a probationary driver's license shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking with more than one person who is not a family member occupying the vehicle. (C) It is an
affirmative defense to a violation of division
(B)(1) or (2) of this section if, at the time of the
violation, the holder
of the probationary driver's license was traveling to or
from the
holder's place of employment or an official function sponsored by
the
school the holder attends, or an emergency existed that
required the holder to
operate a motor vehicle in violation of
division (B)(1) or (2) of this
section, or the holder was an emancipated
minor. (D) No holder of a probationary license shall
operate a
motor vehicle upon a highway or any public or private
property
used by the public for purposes of vehicular travel or
parking
unless
the total number of occupants of the
vehicle does not
exceed the total number of occupant restraining devices
originally
installed in the motor vehicle by its manufacturer, and each
occupant
of the vehicle is wearing all of
the available elements
of a properly adjusted occupant
restraining device. (E) A restricted license
may be issued to a person who is
fourteen or fifteen years of
age upon proof of hardship
satisfactory to the registrar of
motor vehicles. (F) Notwithstanding
any other provision of law to the
contrary, no law enforcement
officer shall cause the operator of a
motor vehicle being
operated on any street or highway to stop the
motor vehicle for
the sole purpose of determining whether each
occupant of the
motor vehicle is wearing all of the available
elements of a
properly adjusted occupant restraining device as
required by
division (D) of this section,
or for the sole purpose
of issuing a ticket, citation, or
summons if the requirement in
that division has been or is being
violated, or for causing the
arrest of or commencing a
prosecution of a person for a violation
of that
requirement. (G) Notwithstanding any other
provision of law to the
contrary, no law enforcement officer shall cause the
operator of a
motor vehicle being operated on any street or highway to stop
the
motor vehicle for the sole purpose of determining whether a
violation of
division (B) of this section has been or is
being
committed or for the sole purpose of issuing a ticket, citation,
or
summons for such a violation or for causing the arrest of or
commencing a
prosecution of a person for such violation. (H) As used in this
section, "occupant: (1) "Occupant restraining device"
has the same meaning as
in section 4513.263 of the
Revised
Code.
(2) "Family member" of a probationary license holder includes any of the following:
(b) A child or stepchild;
(c) A parent, stepparent, grandparent, or parent-in-law;
(e) A sibling, whether of the whole or half blood, or by adoption, a brother-in-law, or sister-in-law;
(f) A son or daughter of the probationary license holder's stepparent if the stepparent has not adopted the probationary license holder; (g) An eligible adult, as defined in section 4507.05 of the Revised Code. (I)
Whoever violates division (B)(1) or (2) or (D) of
this
section is
guilty of a minor misdemeanor.
Section 2. That existing sections 4507.05 and 4507.071 of the Revised Code are hereby repealed.
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