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H. B. No. 593 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Evans, Combs, DeGeeter
A BILL
To amend section 4510.12 of the Revised Code to
clarify the penalties for operating a motorcycle
without having either a motorcycle endorsement or
the proper restricted license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4510.12 of the Revised Code be
amended to read as follows:
Sec. 4510.12. (A)(1) No person, except those expressly
exempted
under sections 4507.03, 4507.04, and 4507.05 of the
Revised
Code,
shall operate any motor vehicle upon a public road
or highway or any public or
private property used by the public
for purposes of vehicular travel
or parking in this state unless
the person has a valid driver's license
issued under Chapter 4507.
of the Revised Code or a
commercial driver's license issued under
Chapter 4506. of the
Revised Code.
(2) No person, except a person expressly exempted under
sections
4507.03, 4507.04, and 4507.05 of the Revised Code, shall
operate
any motorcycle upon a public road or highway or any public
or private property
used by the public for purposes of vehicular
travel or parking in
this state unless the person has a valid
license as a motorcycle
operator that was issued upon application
by the registrar of motor vehicles
under Chapter 4507. of the
Revised Code. The license shall be in the form of an
endorsement,
as determined by the registrar, upon a driver's or commercial
driver's license, if the person has a valid license to operate a
motor vehicle or commercial motor vehicle, or in the form of a
restricted license as provided in section 4507.14 of the Revised
Code, if the person does not have a valid license to operate a
motor
vehicle or commercial motor
vehicle.
(B) Whoever violates this section is guilty of operating a
motor
vehicle without a valid license and shall be punished as
follows:
(1) If the trier of fact finds that the offender never has
held a valid driver's or commercial driver's license issued by
this state or any other jurisdiction, or, in a case involving the
operation of a motorcycle by the offender, the trier of fact finds
at the time of such operation the offender did not have a valid
license as a motorcycle operator, either in the form of an
endorsement upon a driver's or commercial driver's license or in
the form of a restricted license, the offense is a misdemeanor of
the first degree.
(2)(a) Subject to division (B)(2)(b) of this section, if the
offender's driver's or commercial driver's
license or permit or,
in a case involving the operation of a motorcycle by the offender,
the offender's driver's or commercial driver's license bearing the
motorcycle endorsement or the offender's restricted license
was
expired at the time of the offense for no
more than six months,
the offense is
a minor
misdemeanor and if. If the offender's
driver's or commercial driver's
license or permit
or, in a case
involving the operation of a motorcycle by the offender, the
offender's driver's or commercial driver's license bearing the
motorcycle endorsement or the offender's restricted license was
expired at the time of the offense for more
than six
months, the
offense is a misdemeanor of the fourth degree.
(b)(i) If the offender previously was convicted of or pleaded
guilty to one
violation
of this section or a substantially
equivalent municipal ordinance within the
past three years, the
offense is a
misdemeanor of the third degree.
(ii) If the offender previously was convicted of or pleaded
guilty to two
violations
of this section or a substantially
equivalent municipal ordinance within the
past three years, the
offense is a
misdemeanor of the second degree.
(iii) If the offender previously was convicted of or pleaded
guilty to three
or more
violations of this section or a
substantially equivalent municipal ordinance
within the past three
years, the offense is a
misdemeanor of the first degree.
(C) The court shall not impose a license suspension for a
first
violation of this section
or if more than three years have
passed since the offender's last violation of
this section or a
substantially equivalent municipal ordinance.
(D) If the offender was convicted of or pleaded guilty to
one
or
more violations of
this section or a substantially
equivalent
municipal ordinance within the past
three years, and if
the
offender's license was
expired for more than six months at the
time of the offense, the court shall
impose a class seven
suspension of the offender's driver license, commercial
driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in
division
(A)(7) of section 4510.02 of the Revised
Code.
Section 2. That existing section 4510.12 of the Revised Code
is hereby repealed.
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