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H. B. No. 542 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Stewart, J.
Cosponsors:
Representatives Gardner, McGregor, J., Otterman, J., Wachtmann, Batchelder
A BILL
To amend sections 4510.037 and 4510.038 of
the
Revised Code to eliminate the requirement that at
least 50% of adult remedial driving courses be
taken in person.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4510.037 and 4510.038 of
the
Revised Code be amended to read as follows:
Sec. 4510.037. (A) When the registrar of motor vehicles
determines that the total points charged against any person under
section
4510.036 of the Revised Code exceed five, the registrar
shall send a warning letter to the person at the person's last
known address by regular mail. The warning letter shall list the
reported violations that are the basis of the points charged, list
the number of points charged for each violation, and outline the
suspension provisions of this section.
(B) When the registrar determines that the total points
charged
against any person under section 4510.036 of the Revised
Code
within any two-year period beginning on the date of the first
conviction within the two-year period is equal to twelve or more,
the registrar shall send a written notice to the person at the
person's last known address by regular mail. The notice shall
list
the reported violations that are the basis of the points
charged,
list the number of points charged for each violation, and
state
that, because the total number of points charged against the
person within the applicable two-year period is equal to twelve or
more, the registrar is imposing a class D suspension of
the
person's driver's or commercial driver's license or permit or
nonresident
operating privileges
for the period of time specified
in division (B)(4) of section
4510.02 of the Revised Code. The
notice also shall state
that the
suspension is effective on the
twentieth day after the mailing of the notice,
unless the person
files a petition appealing the determination and suspension in the
municipal
court, county court, or, if the
person is under the age
of
eighteen, the juvenile division of the
court of common pleas in
whose jurisdiction the person resides or,
if the person is not a
resident of this state, in the Franklin
county municipal court or
juvenile division of the Franklin county
court of common pleas.
By
filing the appeal of the determination and suspension, the
person
agrees to
pay the cost of the proceedings in the appeal of
the
determination and suspension and alleges that
the person
can
show
cause why the person's driver's or commercial driver's
license or
permit or
nonresident operating privileges should not
be
suspended.
(C)(1) Any person against whom at least two but less than
twelve
points have been charged under section 4510.036 of the
Revised
Code may enroll in a course of remedial driving
instruction
that is approved by the director of public
safety.
Upon the person's
completion of an approved
course of remedial
driving instruction, the person may apply to the registrar on a
form prescribed by the registrar for a credit of two points on the
person's driving record. Upon receipt of the application and
proof
of completion of the approved remedial driving course,
the
registrar shall approve the two-point credit. The registrar
shall
not approve any credits for a person who completes an approved
course of
remedial driving
instruction pursuant to a judge's order
under section 4510.02 of the
Revised Code.
(2) In any three-year period, the registrar shall approve
only one two-point credit on a person's driving record under
division (C)(1) of this section. The registrar shall approve not
more than five two-point credits on a person's driving record
under division (C)(1) of this section during that person's
lifetime.
(D) When a judge of a court of record suspends a person's
driver's or commercial driver's license or permit or nonresident
operating
privilege and charges points against the person under
section 4510.036 of the Revised Code for the offense that
resulted
in the suspension, the registrar shall credit that period of
suspension against the time of any subsequent suspension imposed
under this section for which those points were used to impose the
subsequent suspension. When a United States district court
that
has
jurisdiction within this state suspends a person's driver's or
commercial
driver's license or permit or nonresident operating
privileges pursuant to the "Assimilative Crimes
Act," 102 Stat.
4381 (1988), 18 U.S.C.A. 13, as amended, the district court
prepares an abstract pursuant to section 4510.031 of the Revised
Code, and the district court charges
points against the person
under section 4510.036 of the
Revised Code for the offense that
resulted in the suspension, the registrar shall credit the period
of
suspension imposed by the
district court against the time of
any subsequent suspension imposed under
this section for which
the
points were used to impose the subsequent suspension.
(E) The registrar, upon the written request of a licensee
who
files a petition under division (B) of this section, shall
furnish
the licensee a certified copy of the registrar's record of
the
convictions and
bond forfeitures of
the person. This record
shall
include the name, address, and date of birth of
the
licensee; the
name of the court in which each conviction or bail
forfeiture took
place; the nature of the offense that was the
basis of the
conviction or bond forfeiture; and any other
information that the
registrar considers necessary. If the record
indicates that
twelve
points or more have been charged against the
person within
a
two-year period, it is prima-facie evidence that
the person is a
repeat traffic offender, and the registrar shall
suspend the
person's driver's or commercial driver's license or
permit or
nonresident operating privilege pursuant to division (B)
of this
section.
In hearing the petition and determining whether the person
filing
the petition has shown cause why the person's driver's or
commercial
driver's license or permit or nonresident operating
privilege should not
be suspended, the court shall decide the
issue on the record
certified by the registrar and any additional
relevant, competent,
and material evidence that either the
registrar or the person
whose license is sought to be suspended
submits.
(F) If a petition is filed under division (B) of this
section
in
a county court, the prosecuting attorney of the county
in which
the case is
pending shall represent the registrar in the
proceedings, except that, if the
petitioner resides in a municipal
corporation within the
jurisdiction of the county court, the city
director of law,
village solicitor, or other chief legal officer
of the municipal
corporation shall represent the registrar in the
proceedings. If
a petition is filed under division (B) of this
section in a
municipal court, the registrar shall be represented
in the resulting
proceedings as provided in
section 1901.34 of the
Revised Code.
(G) If the court determines from the evidence submitted that
a
person who filed a petition under division (B) of this section
has
failed to show cause why the person's driver's or commercial
driver's license
or permit or
nonresident operating privileges
should not be suspended, the court shall
assess against the person
the cost of the proceedings in the appeal of the determination
and
suspension and shall impose the
applicable suspension under
this
section or suspend all or a
portion of the suspension and
impose
any conditions
upon the person that the court
considers proper
or
impose upon the person a community control
sanction pursuant to
section 2929.15 or 2929.25 of the Revised
Code. If the court
determines from the evidence
submitted that a
person who filed a
petition under division (B) of
this section has
shown cause why
the person's driver's or
commercial driver's
license or permit or
nonresident
operating
privileges
should not
be suspended, the
costs of the appeal
proceeding shall be paid out
of the county
treasury of the county
in which the proceedings were
held.
(H) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privileges are suspended under
this section is
not entitled to apply for or receive a new
driver's or commercial driver's license or permit or to request or
be granted nonresident operating privileges during the effective
period of the suspension.
(I) Upon the termination of any suspension or other penalty
imposed under this section involving the surrender of license or
permit and
upon the request of the person whose license or
permit
was suspended or surrendered, the registrar shall return
the
license or permit to the person upon determining that the
person
has complied with all provisions of section 4510.038 of the
Revised Code or, if the registrar destroyed the license or
permit
pursuant to section 4510.52 of the Revised Code, shall
reissue the
person's license or permit.
(J) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privileges are suspended as a
repeat traffic
offender under this section and who, during the
suspension, operates any motor vehicle upon any public roads
and
highways is guilty of a misdemeanor of the first degree, and
the
court shall sentence the offender to a minimum term of three
days
in jail. No court shall suspend the first three days of jail
time
imposed pursuant to this division.
(K) The registrar, in accordance with specific statutory
authority, may suspend the privilege of driving a motor vehicle on
the public
roads and highways of this state that is granted
to
nonresidents by section 4507.04 of the Revised Code.
(L) Any course of remedial driving instruction the director
of public safety approves under this section shall require its
students to attend at least fifty per cent of the course in
person. The director shall not approve any course of remedial
driving instruction that permits its students to take more than
fifty per cent of the course in any other manner, including via
video teleconferencing or the internet.
Sec. 4510.038. (A) Any person whose driver's or
commercial
driver's license or
permit is suspended or who is
granted
limited
driving
privileges under section
4510.037,
under division (H)
of
section 4511.19, or under
section 4510.07 of the Revised
Code for
a violation of a municipal
ordinance that is substantially
equivalent to division (B) of
section
4511.19 of the
Revised Code
is not eligible to
retain the
license, or to have the
driving
privileges
reinstated, until each of the following has occurred:
(1)(A) The person successfully completes a course of remedial
driving
instruction
approved by the director of public safety. A
minimum of twenty-five per cent
of the number of
hours of
instruction included in the course shall be devoted
to
instruction
on driver attitude.
The course also shall devote a number of hours to instruction
in the area of
alcohol and drugs and the operation of
vehicles.
The instruction
shall
include, but not be limited to, a
review of
the laws governing the operation
of a
vehicle
while under the
influence of alcohol, drugs, or
a combination
of them, the
dangers
of operating a
vehicle while under the
influence of
alcohol,
drugs, or
a combination of them, and
other information
relating to
the operation of
vehicles and
the
consumption of
alcoholic
beverages and use of drugs. The
director, in
consultation with the
director of alcohol and drug
addiction
services, shall prescribe
the content of the
instruction. The
number of hours
devoted to the
area of alcohol
and drugs and the
operation of
vehicles
shall
comprise a
minimum of twenty-five per
cent of the number of hours
of
instruction included in the course.
(2)(B) The person is examined in the manner provided for in
section
4507.20 of the
Revised Code, and found by the registrar of
motor vehicles to be qualified to
operate a motor vehicle;
(3)(C) The person gives and maintains proof of financial
responsibility, in accordance
with section 4509.45 of the Revised
Code.
(B) Any course of remedial driving instruction the director
of public safety approves under this section shall require its
students to attend at least fifty per cent of the course in
person. The director shall not approve any course of remedial
driving instruction that permits its students to take more than
fifty per cent of the course in any other manner, including via
video teleconferencing or the internet.
Section 2. That existing sections 4510.037 and
4510.038 of
the Revised Code are hereby repealed.
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