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H. B. No. 543 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative Stewart, J.
Cosponsors:
Representatives Gardner, McGregor, J., Wachtmann, Batchelder
A BILL
To amend section 3937.43 of
the Revised Code to
modify the conditions under
which an insurer must
reduce automobile insurance
premiums for persons
over a specified age who
complete a motor vehicle
accident prevention
course.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3937.43 of
the Revised Code be
amended to read as follows:
Sec. 3937.43. (A) As used in this section:
(1)
"Automobile insurance policies" has the same meaning
as
in section 3937.30 of the Revised Code.
(2)
"Moving violation" means any violation of any statute
or
ordinance that regulates the operation of vehicles,
streetcars, or
trackless trolleys on highways or streets or that
regulates size
or load limitations or fitness requirements of
vehicles.
"Moving
violation" does not include the violation of
any statute or
ordinance that regulates pedestrians or the
parking of vehicles.
(3)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(B) Every rating plan or schedule of rates for automobile
insurance policies that is filed with the superintendent of
insurance shall provide for an appropriate reduction in premium
charges for any insured or applicant for insurance under the
following conditions:
(1) The applicant or insured is sixty fifty-five years of age
or
older;
(2) The applicant or insured successfully completes a
motor
vehicle accident prevention course, which includes
classroom
instruction and the passing of an examination in
accordance with
both of the following:
(a) The approved by the department of public safety shall
approve the course and
the examination. However, the The
department shall not may
approve any correspondence course or any
other course that does
not provide classroom instruction.
(b) The examination shall include an actual demonstration
of
the applicant's or insured's ability to exercise ordinary and
reasonable control in the operation of a motor vehicle.
(3) The applicant or insured submits to the insurer a
certificate that is issued by the sponsor of the motor vehicle
accident prevention course and attests to the successful
completion of the course by the applicant or insured;
(4) The insurer may consider the driving record of the
applicant or insured in accordance with divisions (C) and (D) of
this section.
(C) In determining whether to grant a reduction in premium
charges in accordance with this section, the insurer may consider
the driving record of the insured or applicant for a three-year
period prior to the successful completion of a motor vehicle
accident prevention course.
(D)(1) Subject to division (D)(2) of this section, every
reduction in premium charges granted in accordance with this
section shall be effective for an insured for a three-year period
after each successful completion of a motor vehicle accident
prevention course.
(2) As a condition of maintaining a reduction in premium
charges granted in accordance with this section, an insurer may
require that the insured, during the three-year period for which
the reduction has been granted, neither be involved in an
accident
for which the insured is primarily at fault, nor be
convicted of
more than one moving violation.
(E) A reduction in premium charges granted in accordance
with
this section shall not become effective until the first full
term
of coverage following the successful completion of a motor
vehicle
accident prevention course in accordance with division
(B)
of this
section.
(F) The director of the department of public safety shall
adopt rules in accordance with Chapter 119. of the Revised Code
that are necessary to carry out the duties of the department under
this section.
(G) This section does not apply to any automobile
insurance
policy issued under an assigned risk plan pursuant to
section
4509.70 of the Revised Code.
(H) This section does not apply to circumstances in which
the
motor vehicle accident prevention course is required by a
court as
a condition of
a
community control sanction imposed for a
moving
violation.
Section 2. That existing section 3937.43 of the Revised Code
is hereby repealed.
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