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Sub. H. B. No. 343 As Passed by the HouseAs Passed by the House
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Raga, Bubp, Evans, D., Key, Law, Widowfield, Barrett, Chandler, Collier, Combs, DeBose, DeWine, Domenick, Evans, C., Gilb, Harwood, Koziura, Oelslager, Patton, T., Setzer, Ujvagi, Wagoner, Webster, Williams
A BILL
To amend sections 4507.05, 4507.071, and 4511.81 of the Revised Code to place certain restrictions on the operation of motor vehicles by probationary license holders and temporary instruction permit holders who are less than 18 years of age, to require children who are between four and fifteen years of age to be restrained in either a child restraint system or an occupant restraining device when being transported in a motor vehicle, and to eliminate the nonresident exemption from the motor vehicle child restraint law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.05, 4507.071, and 4511.81 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 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 years
and six months of age, but less than sixteen years
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 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. midnight and five six
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. midnight and five six
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 of
age and has held a temporary instruction permit for a
period of at
least six months. (B)(1)(a) 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 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. midnight
and five six a.m. unless the holder is accompanied
by the
holder's parent or guardian.
(b) No holder of a probationary driver's license who has attained the age of seventeen years but has not attained the age of 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. unless the holder is accompanied by the holder's parent or guardian. (2)(a) Subject to division (D)(1)(a) of this section, division (B)(1)(a) of this section does not apply to the holder of a probationary driver's license who is traveling to or from work between the hours of midnight and six a.m. and has in the holder's immediate possession written documentation from the holder's employer. (b) Division (B)(1)(b) of this section does not apply to the holder of a probationary driver's license who is traveling to or from work between the hours of one a.m. and five a.m. and has in the holder's immediate possession written documentation from the holder's employer. (3)
An employer is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the fact that the employer provided an employee who is the holder of a probationary driver's license with the written documentation described in division (B)(2) of this section.
The registrar of motor vehicles shall make available at no cost a form to serve as the written documentation described in division (B)(2) of this section, and employers and holders of probationary driver's licenses may utilize such form or may choose to utilize any other written documentation to meet the requirements of that division.
(4) No holder of a probationary driver's license who has not attained the age of seventeen 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 with more than one person who is not a family member occupying the vehicle unless the family member occupying the vehicle is the probationary license holder's parent, guardian, or custodian. (C) It is an
affirmative defense to a violation of division
(B)(1)(a) or (b) 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)(a) or (b) of this
section, or the holder was an emancipated
minor. (D)(1)(a) If a person is issued a probationary driver's license prior to attaining the age of seventeen years and the person pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed a moving violation during the six-month period commencing on the date on which the person is issued the probationary driver's license, the holder must be accompanied by the holder's parent or guardian whenever the holder is operating a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular parking during whichever of the following time periods applies:
(i) If, on the date the holder of the probationary driver's license pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed the moving violation the holder has not attained the age of sixteen years six months, during the six-month period commencing on that date;
(ii) If, on the date the holder pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed the moving violation the holder has attained the age of sixteen years six months but not seventeen years, until the person attains the age of seventeen years.
(b) If the holder of a probationary driver's license commits a moving violation during the six-month period after the person is issued the probationary driver's license and before the person attains the age of seventeen years and on the date the person pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed the moving violation the person has attained the age of seventeen years, or if the person commits the moving violation during the six-month period after the person is issued the probationary driver's license and after the person attains the age of seventeen years, the holder is not subject to the restriction described in divisions (D)(1)(a)(i) and (ii) of this section unless the court or juvenile court imposes such a restriction upon the holder.
(2) No person shall violate division (D)(1)(a) of this section.
(E) 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)(F) 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)(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 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)(E) 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)(H) 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)(1)(a) or (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)(I) 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. (3) "Moving violation" means any violation of any statute or ordinance that regulates the operation of vehicles, streetcars, or trackless trolleys on the highways or streets. "Moving violation" does not include a violation of section 4513.263 of the Revised Code or a substantially equivalent municipal ordinance, or a violation of any statute or ordinance regulating pedestrians or the parking of vehicles, vehicle size or load limitations, vehicle fitness requirements, or vehicle registration. (I)
Whoever violates division (B)(1) or (4) or, (D)(2), or (E) of
this
section is
guilty of a minor misdemeanor.
Sec. 4511.81. (A) When any child who is in either or both
of the following
categories is being transported in a motor
vehicle, other than a taxicab or
public safety vehicle as defined
in section 4511.01 of the Revised Code, that
is registered in this
state and is required by the United States
department of
transportation to be equipped with seat belts at
the time of
manufacture or assembly, the operator of the motor
vehicle shall
have the child properly secured in accordance with
the
manufacturer's instructions in a child restraint system that
meets
federal motor vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than forty pounds. (B) When any child who is in either or both of the following
categories is
being transported in a motor
vehicle, other than a
taxicab, that is registered in this state
and is owned, leased, or
otherwise under the control of a nursery
school, kindergarten, or
day-care center, the operator of the
motor vehicle shall have the
child properly secured in accordance
with the manufacturer's
instructions in a child restraint system
that meets federal motor
vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than forty pounds. (C) When any child who is at least four years of age but not older than fifteen years of age is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 4511.01 of the Revised Code, that is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in section 4513.263 of the Revised Code.
(D) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an 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 (C) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed. (E) The director of public safety shall adopt such rules
as
are necessary to carry out this section. (D)(F) The failure of an operator of a motor vehicle to
secure
a child in a child restraint system or in an occupant restraining device as required by this section is
not
negligence imputable to
the child, is not admissible as
evidence in any civil action
involving the rights of the child
against any other person
allegedly liable for injuries to the
child, is not to be used as
a basis for a criminal prosecution of
the operator of the motor
vehicle other than a prosecution for a
violation of this section,
and is not admissible as evidence in
any criminal action
involving the operator of the motor vehicle
other than a
prosecution for a violation of this section.
(E)(G) This section does not apply when an emergency exists
that threatens the life of any person operating a motor vehicle
and
to whom this section otherwise would apply or the life of any
child who otherwise would be required to be restrained under this
section.
(F) If a person who is not a resident of this state is
charged with a violation of division (A) or (B) of
this section
and does not prove to the court, by a preponderance
of the
evidence, that the person's use or nonuse of a child
restraint
system was in accordance with the law of the state of which the
person is
a resident, the court shall impose the fine levied by
division
(H)(2) of
this section.
(G)(H) There is hereby created in the state treasury the "child
highway safety
fund," consisting of fines imposed
pursuant to
divisions (H) division (J)(1) and (2) of
this section
for violations
of
divisions (A) and, (B), and (C) of this section. The
money in the fund
shall
be used by the department of health only
to defray the cost
of
designating hospitals as pediatric
trauma
centers
under
section
3727.081 of the Revised Code
and to
establish and
administer a child highway safety program.
The
purpose of the
program
shall be to educate the public about
child
restraint
systems generally and the
importance of their
proper
use. The
program also shall include a process for
providing child
restraint
systems to persons who meet the
eligibility criteria
established
by the department, and a
toll-free telephone number
the public may
utilize to obtain
information about child restraint
systems and
their proper
use.
(I) The director of health, in accordance with Chapter 119. of
the Revised Code,
shall adopt any rules necessary to carry out
this section, including rules
establishing the criteria a person
must meet in order to receive a child
restraint system under the
department's child restraint system program;
provided that rules
relating to the verification of pediatric trauma
centers shall not
be adopted under this section. (H)(J)(1) Whoever is a resident of this state and violates
division
(A) or, (B), or (C) of this section shall be punished as follows:
(a) Except as otherwise provided in division
(H)(J)(1)(b) of
this
section, the offender is guilty of a minor misdemeanor and shall be fined not less than twenty-five dollars. (b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A) or, (B), or (C) of this
section
or of
a municipal ordinance that is substantially similar
to either any of those
divisions, the offender is guilty of a
misdemeanor of the
fourth degree. (2) Whoever is not a resident of this state, violates
division
(A) or (B)
of this section, and fails to prove by a
preponderance of the evidence that the offender's use or
nonuse of
a child restraint system was in accordance with the law of the
state of which the
offender is a resident is guilty of a minor
misdemeanor on a first
offense; on a second or subsequent offense,
that person is guilty
of a misdemeanor of the fourth degree. (3) All fines imposed pursuant to
division (H)(J)(1) or (2) of
this section shall be forwarded to the
treasurer of state for
deposit in the "child highway safety fund"
created
by division (G)(H)
of this section.
Section 2. That existing sections 4507.05, 4507.071, and 4511.81 of the Revised Code are hereby repealed.
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