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H. B. No. 504 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Batchelder
Cosponsors:
Representatives Stebelton, Boyd, Webster
A BILL
To amend sections 4510.31 and 4510.311 of the Revised
Code to require probationary driver's license
holders to complete a juvenile driver improvement
program prior to exercising limited driving
privileges granted during a license suspension.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4510.31 and 4510.311 of the Revised
Code be amended to read as follows:
Sec. 4510.31. (A)(1) Except as provided in
division (C)
of
this section, the registrar of motor vehicles
shall suspend the
probationary driver's license, restricted
license,
or temporary
instruction permit issued to any
person when
the person
has been
convicted of, pleaded guilty to, or been
adjudicated in
juvenile
court of having committed, prior to the
person's eighteenth
birthday, any of the following:
(a) Three separate violations of
section 2903.06,
2903.08,
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201,
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised
Code,
section 4510.14 of the Revised Code
involving a
suspension
imposed under section 4511.191 or 4511.196
of the Revised
Code,
section 2903.04 of the
Revised Code in a case
in
which the
person
would have been subject to the sanctions
described in
division (D)
of that section had the person been
convicted of
the
violation of
that section, former section 2903.07
of the Revised Code, or any
municipal ordinances similarly
relating to the offenses referred
to in those
sections;
(b) One violation of section 4511.19 of the Revised Code
or
a
substantially similar municipal ordinance;
(c) Two separate violations of any of
the Revised
Code
sections referred to in
division (A)(1)(a) of this
section, or any
municipal ordinance that is substantially similar
to any of those
sections.
(2) Any person whose license or permit is suspended under
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or
deliver the person's probationary
driver's
license, restricted
license, or temporary
instruction permit to the registrar within
fourteen
days of notification of the suspension. The registrar
shall
retain the license or permit during the period of the
suspension. A
suspension pursuant to division (A)(1)(a) of this
section shall
be a class C
suspension, a
suspension
pursuant to
division (A)(1)(b) of this
section shall
be a class D suspension,
and a
suspension pursuant to division
(A)(1)(c) of this section
shall
be a class E suspension, all for the periods
of
time
specified in division (B) of section 4510.02 of the
Revised
Code.
If the person's probationary
driver's license, restricted
license,
or temporary
instruction permit is under suspension on
the
date
the court imposes sentence upon the person for a
violation
described in division (A)(1)(b) of this section, the
suspension
shall take effect on the next day immediately following
the end
of
that period of suspension. If the person is sixteen
years of
age
or older and pleads guilty to or is convicted of a
violation
described in division (A)(1)(b) of this section and
the
person
does not have
a current, valid probationary driver's
license,
restricted
license, or temporary instruction permit, the
registrar
shall
deny the issuance to the person of a
probationary
driver's
license, restricted license, driver's
license, commercial
driver's
license, or temporary instruction permit, as the case
may
be, for
six months beginning on
the date the court imposes
sentence upon
the person for the
violation. If the person has not
attained the
age of sixteen
years on the date the court imposes
sentence upon
the person
for the
violation, the period of denial
shall commence
on the date the
person attains the age of sixteen
years.
(3) The registrar shall suspend the person's license or
permit
under division (A) of this section regardless of whether
the
disposition of the case in juvenile court occurred after the
person's eighteenth birthday.
(B) The registrar also shall
impose a class D
suspension
for
the period of time specified in division (B)(4) of
section
4510.02
of the Revised Code of the temporary
instruction
permit or
probationary driver's license of any person
under the
age of
eighteen who has been adjudicated
an unruly
child,
delinquent
child, or
juvenile traffic offender for having
committed
any act
that if committed by an adult would be a drug
abuse
offense
or a
violation of division (B) of section 2917.11 of the Revised
Code.
The registrar, in the registrar's discretion, may
terminate the
suspension
if the child,
at
the discretion of the
court,
attends
and satisfactorily completes a
drug
abuse or
alcohol abuse
education, intervention, or treatment
program
specified by the
court. Any person whose temporary
instruction
permit or
probationary driver's license is suspended
under this
division
shall mail or deliver the person's
permit or license
to
the
registrar within fourteen days of notification of the
suspension.
The registrar shall retain the permit or license
during
the
period
of the suspension.
(C)(1)
Except as provided in division (C)(3) of this
section,
for
any
person who is
convicted of, pleads guilty to,
or is
adjudicated in juvenile
court of having committed a
second
or
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or
any similar municipal ordinances
and whose license or permit is suspended
under division (A)(1)(a)
or (c) of
this section, the
court in which the
second or third
conviction, finding, plea, or
adjudication
resulting in the
suspension was made, upon petition of the
person, may grant the
person
limited driving privileges
during the
period
during which
the suspension otherwise would be imposed under
division
(A)(1)(a)
or (c) of this section
if the court finds
reasonable cause to
believe that the suspension will seriously affect the person's
ability
to
continue in employment,
educational training,
vocational
training,
or treatment.
In
granting
the limited
driving
privileges, the court
shall
specify
the
purposes, times,
and
places
of the privileges and may impose
any other conditions
upon
the person's
driving a motor
vehicle
that the court
considers
reasonable and necessary. As a condition of any limited driving
privileges granted by a court under this section, the court shall
require the person to successfully complete a juvenile driver
improvement program approved by the registrar under section
4510.311 of the Revised Code before exercising the limited driving
privileges. No court shall administer a juvenile driver
improvement program required under this section.
A court that grants
limited driving privileges
to a
person
under this division shall retain the person's
probationary
driver's license, restricted license, or temporary
instruction
permit during the period the
license or permit is
suspended and
also during the period for which
limited driving privileges are
granted, and shall
deliver to
the
person a permit card, in a form
to be prescribed by the
court,
setting forth the date on which the
limited
driving
privileges will become effective,
the purposes for
which the
person may
drive, the times and places at which
the
person may
drive, and any other conditions imposed upon the
person's use of a
motor vehicle. The grant of limited driving
privileges shall be conditioned upon the person's having the
permit card and proof of successfully completing the juvenile
improvement program in the person's possession whenever the person
is exercising the limited driving privileges.
The court immediately shall notify the registrar, in
writing,
of a grant of
limited driving privileges
under this
division.
The
notification shall specify the date on which the
limited
driving
privileges will become effective,
the
purposes for which
the
person
may drive, the times and places at
which the person may
drive, and any other conditions imposed upon
the person's use of a
motor vehicle. The registrar shall not
suspend the probationary
driver's license, restricted
license, or
temporary instruction
permit
of any person pursuant to division
(A) of this section
during any
period for which the person has
been granted
limited
driving
privileges as provided
in this division, if the registrar
has
received the notification
described in this division from the
court.
(2)
Except as provided in division (C)(3) of this
section,
in
any case in which the temporary instruction permit or
probationary
driver's license of a person under eighteen years of
age has been
suspended under
division (A) or (B) of this section
or any other
provision
of law, the
court may grant the person
limited driving
privileges for the purpose of the
person's
practicing of
driving
with the person's parent, guardian, or other
custodian during the
period of the suspension.
Any grant of
limited driving privileges
under this division shall
comply with
division (D) of section
4510.021 of the Revised Code.
(3) A court shall not grant limited driving privileges to a
person
identified in division (C)(1) or (2) of this section if the
person,
within the preceding six years, has been convicted of,
pleaded guilty to, or
adjudicated in juvenile court of having
committed three or more violations of
one or more of the divisions
or sections set forth in divisions
(G)(2)(b) to (g) of section
2919.22
of the Revised Code.
(D) If a
person who has been granted
limited
driving
privileges under division (C) of this section is convicted
of,
pleads guilty to, or is adjudicated in juvenile court of
having
committed, a violation of
Chapter
4510. of
the Revised Code, or
a
subsequent violation of any of
the
sections of
the Revised Code
listed in division
(A)(1)(a) of this section or any
similar
municipal ordinance
during the period for which the
person was
granted
limited driving privileges, the court that
granted
the
limited driving privileges shall
suspend
the person's permit
card.
The court or the clerk
of the court
immediately shall
forward the
person's probationary
driver's
license, restricted
license, or
temporary
instruction
permit together with written
notification
of
the court's action to
the registrar. Upon receipt
of the
license
or permit and
notification, the registrar shall
impose a class C
suspension of the
person's probationary driver's
license,
restricted
license, or temporary instruction permit for
the
period
of
time specified in division (B)(3) of section
4510.02 of the
Revised Code. The registrar shall retain
the
license or permit
during the period of suspension, and no further
limited
driving
privileges shall be granted during
that period.
(E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license, restricted license, or temporary
instruction
permit has been suspended under
this section until
each of the
following has occurred:
(1) The suspension period has expired;
(2) A temporary
instruction permit or commercial driver's
license temporary
instruction permit has been issued;
(3) The person successfully completes a juvenile driver
improvement program approved by the registrar under
section
4510.311
of the Revised
Code;
(4) The
applicant has
submitted to the examination for a
driver's license as provided
for in section 4507.11 or a
commercial driver's license as
provided in Chapter 4506. of the
Revised Code.
Sec. 4510.311. The registrar of motor vehicles shall
establish
standards for juvenile driver improvement programs and
shall approve any
programs that meet the established standards.
The standards
established by the registrar shall require a minimum
of five hours
of classroom instruction, with at least three hours
devoted to
driver skill requirements and two hours devoted to
juvenile driver
information related to the driving records of
drivers under
eighteen years of age, driver perceptions, and the
value of the traffic
laws. The standards also shall require a
person whose
probationary driver's license was suspended under
section 4510.31
of the Revised Code to undertake and pass, as
successful
completion of an approved juvenile driver improvement
program, the driver's
license examination that a person who holds
a temporary instruction permit is
required to undertake and pass
in order to be issued a
probationary driver's license. The person
shall pay the
applicable fee that is required to accompany an
application for a
driver's license as prescribed in division (E)
of section 4507.23
of the Revised Code. The registrar shall
prescribe the
requirements for the curriculum to be provided as
well as other
program directives, including the form for proof of
successfully completing the program that is required to be carried
by persons exercising limited driving privileges granted under
section 4510.31 of the Revised Code. Only those programs approved
by
the registrar
shall be acceptable for reinstatement of the
driving
privileges of
a person whose probationary driver's license
was
suspended under
section 4510.31 of the Revised Code and for
exercising limited driving privileges granted under that section.
Section 2. That existing sections 4510.31 and 4510.311 of the
Revised Code are hereby repealed.
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