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H. B. No. 109 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Hottinger, Weddington
Cosponsors:
Representatives Grossman, Combs, Hackett, McGregor, Winburn
A BILL
To amend section 4506.16 of the Revised Code to
require the Registrar of Motor Vehicles to
disqualify the holder of a commercial driver's
license from operating a commercial motor vehicle
upon a municipal OVI conviction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4506.16 of the Revised Code be
amended to read as follows:
Sec. 4506.16. (A) Any person who is
found to have been
convicted of a violation of an
out-of-service order shall be
disqualified by the registrar of
motor vehicles as follows:
(1) If the person has not been convicted previously of a
violation of an out-of-service order, the period of
disqualification is ninety days.
(2) If, during any ten-year period, the driver is
convicted
of a second violation of an out-of-service order in an
incident
separate from the incident that resulted in the first
violation,
the period of disqualification is one
year.
(3) If, during any ten-year period, the driver is
convicted
of a third or subsequent violation of an
out-of-service order in
an incident separate from the incidents
that resulted in the
previous violations during that ten-year
period, the period of
disqualification is three
years.
(B)(1) A driver is
disqualified for one hundred eighty days
if the driver is convicted of a first violation
of an
out-of-service order while transporting hazardous
materials
required to be placarded under the
"Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.
1801, as
amended, or while operating a motor vehicle designed to
transport
sixteen or more passengers, including the
driver.
(2) A driver is disqualified for a period of
three years if,
during any
ten-year period, the driver is convicted of a second or
subsequent violation, in an incident separate from the incident
that resulted in a previous violation during that ten-year
period,
of an out-of-service order while transporting hazardous
materials
required to be placarded under that act, or while
operating a
motor vehicle designed to transport sixteen or more
passengers,
including the driver.
(C) Whoever violates division (A)(1) of
section 4506.15 of
the Revised Code or a similar law of another
state or a foreign
jurisdiction, immediately shall be placed
out-of-service for
twenty-four hours, in addition to any
disqualification required by
this section and any other penalty
imposed by the Revised Code.
(D) The registrar of motor vehicles shall disqualify any
holder of a commercial driver's license, or any operator of a
commercial motor vehicle for which a commercial driver's license
is required, from operating a commercial motor vehicle as follows:
(1)
Upon a
first
conviction for a violation of
any provision
of divisions
(A)(2) to
(9) of section 4506.15 of the Revised Code,
or of section 4511.19 or sections 4549.02 to 4549.03 of the
Revised Code, or a municipal OVI ordinance as defined in section
4511.181 of the Revised Code, or a
similar
law of
another state or
a foreign jurisdiction, one year;
(2) Upon a second conviction for a violation of any provision
of divisions (A)(2) to (9) of section 4506.15 of the Revised Code,
or of section 4511.19 or sections 4549.02 to 4549.03 of the
Revised Code, or a municipal OVI ordinance as defined in section
4511.181 of the Revised Code, or a similar law of another state or
a foreign jurisdiction, or any combination of such violations
arising from
two or more separate
incidents, the person shall be
disqualified
for life or for any
other period of time as
determined by the
United States secretary
of transportation and
designated by the
director of public safety
by rule;
(3) Upon a first conviction for a violation of division
(A)(12) of section 4506.15 of the Revised Code or a similar law of
another state or a foreign jurisdiction, three years;
(4) Upon conviction of a violation of division
(A)(10) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, the person shall
be disqualified
for life;
(5) Upon conviction of two serious traffic violations
involving the operation of a motor vehicle by the
person and
arising from separate incidents occurring in a
three-year period,
the person shall be disqualified for sixty
days if the conviction
results in the suspension, cancellation, or revocation of the
holder's commercial driver's license or noncommercial motor
vehicle driving privileges;
(6) Upon conviction of three serious traffic violations
involving the operation of a motor vehicle by the
person and
arising from separate incidents occurring in a
three-year period,
the person shall be disqualified for one
hundred twenty days if
the conviction results in the suspension, cancellation, or
revocation of the holder's commercial driver's license or
noncommercial motor vehicle driving privileges.
(7) Upon a first conviction involving the operation of a
commercial motor vehicle in violation of any provisions of
sections 4511.61 to 4511.63 of the Revised Code or a similar law
of another state or foreign jurisdiction, not less than sixty
days;
(8) Upon a second conviction involving the operation of a
commercial motor vehicle in violation of any provisions of
sections 4511.61 to 4511.63 of the Revised Code or a similar law
of another state or foreign jurisdiction within three years of the
first such conviction, not less than one hundred twenty days;
(9) Upon a third or subsequent conviction involving the
operation of a commercial motor vehicle in violation of any
provisions of sections 4511.61 to 4511.63 of the Revised Code or a
similar law of another state or foreign jurisdiction within three
years of the first such conviction, not less than one year;
(10) Upon receiving notification from the federal motor
carrier safety administration, the registrar shall disqualify any
commercial motor vehicle driver whose driving is determined to
constitute an imminent hazard as defined under federal motor
carrier safety regulation 49 C.F.R. 383.52.
(E) For the purposes of this section, conviction of a
violation for which disqualification is required may be evidenced
by any of the following:
(1) A judgment entry of a court of competent jurisdiction in
this or any
other state;
(2) An administrative order of a state agency of this or any
other state having
statutory jurisdiction over commercial drivers;
(3) A computer record obtained from or through the
commercial
driver's license information system;
(4) A computer record obtained from or through a state
agency
of this or any other state
having statutory jurisdiction
over
commercial drivers or
the records of commercial drivers.
(F) For purposes of this section, conviction of disqualifying
offenses committed in a noncommercial motor vehicle are included
if either of the following applies:
(1) The offense occurred after the person obtained the
person's commercial driver's license.
(2) The offense occurs on or after September 30, 2005.
(G) If a person commits a serious traffic violation by
operating a commercial motor vehicle without having a commercial
driver's license in the person's possession as described in
division (DD)(7) of section 4506.01 of the Revised Code and the
person then submits proof to either the enforcement agency that
issued the citation for the violation or to the court with
jurisdiction over the case before the date of the person's initial
appearance that shows that the person held a valid commercial
driver's license at the time of the violation, the violation shall
not be deemed to be a serious traffic violation.
(H) Any record described in division (C) of this section
shall be deemed to be self-authenticating when it is received by
the bureau of motor vehicles.
(I) When disqualifying a driver, the registrar shall cause
the records of the bureau to be updated to reflect that action
within ten days after it occurs.
(J) The registrar immediately shall notify a driver who is
finally convicted of any offense described in section 4506.15 of
the Revised Code or division (B)(4), (5), or (6) of this section
and thereby is subject to disqualification, of the offense or
offenses involved, of the length of time for which
disqualification is to be imposed, and that the driver may
request
a hearing within thirty days of the mailing of the notice
to show
cause why the driver should not be disqualified from
operating a
commercial motor vehicle. If a request for such a hearing is not
made within thirty days of the mailing of the notice, the order
of
disqualification is final. The registrar may designate
hearing
examiners who, after affording all parties reasonable
notice,
shall conduct a hearing to determine whether the
disqualification
order is supported by reliable evidence. The
registrar shall
adopt
rules to implement this division.
(K) Any person who is disqualified from operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a commercial motor vehicle, provided the person's commercial
driver's license is not otherwise suspended. A person
whose
commercial driver's license is suspended
shall
not apply to the
registrar for or receive a driver's license
under
Chapter 4507. of
the Revised Code during the period of
suspension.
(L) The disqualifications imposed under this section are in
addition to any other penalty imposed by the Revised Code.
Section 2. That existing section 4506.16 of the Revised Code
is hereby repealed.
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