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S. B. No. 317 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Roberts, Schuring, Miller, D., Sawyer, Seitz
A BILL
To amend section 4507.071 of the Revised Code to
allow a court, under certain circumstances, to
grant unaccompanied driving privileges one time to
a
probationary driver's license holder who,
because
of a moving violation, otherwise would be
subject
to a restriction that the person be
accompanied by
the holder's parent or guardian.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4507.071 of the Revised Code be
amended to read as follows:
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 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 midnight
and 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 that 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 is less
than seventeen years of age 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
probationary license holder is accompanied by 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 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 Except as otherwise provided in division (D)(2)
of this section, 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
travel or 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) Any person who is subject to the operating restrictions
established under division (D)(1) of this section as a result of a
first moving violation may petition the court for occupational or
educational driving privileges without being accompanied by the
holder's parent or guardian during the period of time specified in
that division. The court may grant the person such driving
privileges if the court finds reasonable cause to believe that the
restrictions established in division (D)(1) will seriously affect
the person's ability to continue in employment or educational
training or will cause undue hardship on the license holder or a
family member of the license holder. In granting the driving
privileges, the court shall
specify the purposes, times, and
places of the privileges and
shall issue the person appropriate
forms setting forth the
privileges granted. Occupational or
educational driving privileges
under this division shall not be
granted to the same person more
than once. If a person is
convicted of, pleads guilty to, or is
adjudicated in juvenile
court of having committed a second or
subsequent moving
violation, any driving privileges previously
granted under this
division are terminated upon the subsequent
conviction, plea, or
adjudication.
(3) 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.
(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.
(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 (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.
(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.
(I) As used in this
section:
(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 a 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.
(J)
Whoever violates division (B)(1) or (4), (D)(2)(3), or
(E) of
this
section is
guilty of a minor misdemeanor.
Section 2. That existing section 4507.071 of the Revised
Code is hereby repealed.
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