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Sub. H. B. No. 109 As Reported by the House Transportation and Infrastructure CommitteeAs Reported by the House Transportation and Infrastructure Committee
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Hottinger, Weddington
Cosponsors:
Representatives Grossman, Combs, Hackett, McGregor, Winburn, Hagan, Bolon, Carney, Domenick, Yuko, Balderson, McClain, Uecker, Zehringer
A BILL
To amend sections 4506.03, 4506.12, 4506.16, and
4506.24 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 and to
eliminate the
waiver provision for restricted commercial
driver's
licenses for farm-related service
industries.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4506.03, 4506.12, 4506.16, and
4506.24 of the Revised Code be
amended to read as follows:
Sec. 4506.03. (A) Except as provided in divisions (B) and
(C) of this section, the
following
shall apply:
(1) No person shall drive a commercial motor vehicle on a
highway in this state unless
the person holds, and has in the
person's possession, a valid
commercial
driver's
license with
proper endorsements for the motor
vehicle
being
driven, issued by
the registrar of motor vehicles, a
valid
examiner's commercial
driving permit issued under section
4506.13
of the Revised Code, a
valid restricted commercial
driver's
license and waiver for
farm-related service industries
issued
under section 4506.24 of
the Revised Code, or a valid
commercial
driver's license temporary
instruction permit issued by
the
registrar and is accompanied by
an authorized state driver's
license examiner or tester or a
person who has been issued and
has
in
the person's immediate
possession a current, valid
commercial
driver's license with
proper endorsements for the motor
vehicle
being driven.
(2) No person shall be issued a commercial driver's
license
until
the person surrenders to the registrar of motor
vehicles
all
valid licenses issued to
the person by another
jurisdiction
recognized by this state. The registrar shall report the surrender
of a license to the issuing authority, together with information
that a license is now issued in this state. The registrar shall
destroy any such license that is not returned to the issuing
authority.
(3) No person who has been a resident of this state for
thirty days or longer shall drive a commercial motor vehicle
under
the authority of a commercial driver's license issued by
another
jurisdiction.
(B) Nothing in division (A) of this section applies to any
qualified
person when engaged in the operation of any of the
following:
(2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district;
(3) A public safety vehicle used to provide transportation
or
emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an
eligible unit of
local government, if the person is employed by
the eligible unit of local
government and is operating the
commercial motor vehicle for the purpose of
removing snow or ice
from a roadway by plowing, sanding, or salting, but only
if either
the employee who holds a commercial driver's license issued under
this chapter and ordinarily operates a commercial motor vehicle
for these
purposes is unable to operate the vehicle, or the
employing eligible unit of
local government determines that a snow
or ice emergency exists that requires
additional assistance;
(6) A vehicle
operated for military purposes by any member
or
uniformed employee of the armed forces
of the United States or
their
reserve components, including the
Ohio national guard. This
exception
does not apply to United
States reserve technicians.
(7) A commercial motor vehicle that is operated
for
nonbusiness purposes. "Operated for nonbusiness purposes"
means
that the commercial motor vehicle is not used in commerce
as
"commerce" is defined in 49 C.F.R.
383.5, as amended, and is not
regulated by the public utilities
commission pursuant to Chapter
4919., 4921., or 4923. of the
Revised Code.
(8)
A motor vehicle that is designed primarily for the
transportation of
goods and not persons, while that motor vehicle
is being used for the
occasional transportation of
personal
property by
individuals not
for compensation and not in the
furtherance of a
commercial
enterprise;
(9) A police SWAT team vehicle;
(10) A police vehicle used to transport prisoners.
(C) Nothing contained in division (B)(5) of this section
shall be
construed as
preempting or superseding any law, rule, or
regulation of this state
concerning the safe operation of
commercial motor vehicles.
(D)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.12. (A) Commercial drivers' driver's licenses
shall be
issued in the following classes and shall include any
endorsements
and restrictions that are applicable. Subject to
any
such
endorsements and restrictions, the holder of a valid
commercial
driver's license may drive all commercial motor
vehicles in the
class for which that license is issued and all
lesser classes of
vehicles, except that
the holder shall not
operate a
motorcycle
unless
the holder is licensed to do so under
Chapter 4507. of
the
Revised
Code.
(B) The classes of commercial drivers' driver's licenses and
the
commercial motor vehicles that they authorize the operation of
are
as follows:
(1) Class A--any combination of vehicles with a combined
gross vehicle weight rating of twenty-six thousand one pounds or
more, if the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds.
(2) Class B--any single vehicle with a gross vehicle
weight
rating of twenty-six thousand one pounds or more or any
such
vehicle towing a vehicle having a gross vehicle weight
rating that
is not in excess of ten thousand pounds.
(3) Class C--any single vehicle, or combination of
vehicles,
that is not a class A or class B vehicle, but that
is
designed to
transport sixteen or more passengers,
including the
driver, or is
transporting hazardous materials in an amount requiring
placarding, or
any school bus
with a gross vehicle weight rating
of less than
twenty-six
thousand one pounds that is designed to
transport
fewer than
sixteen passengers including the driver.
(C) The following endorsements and restrictions apply to
commercial drivers' licenses:
(1) H--authorizes the driver to drive a vehicle
transporting
hazardous materials in an amount requiring placarding;
(2) K--restricts the driver to only intrastate operation;
(3) L--restricts the driver to vehicles not equipped with
air
brakes;
(4) T--authorizes the driver to drive a vehicle configured
with double or triple
trailers that create more than one
articulation point for the combination;
(5) P--authorizes the driver to drive vehicles designed to
transport sixteen or more
passengers, including the driver;
(6) P1--authorizes the driver to drive class A vehicles
designed for
fewer than sixteen passengers, including the driver,
and all lesser classes of
vehicles
without restriction as to the
designed passenger capacity of the vehicle;
(7) P2--authorizes the driver to drive class A or B
vehicles
designed for fewer than sixteen passengers, including the driver,
and all lesser
classes of
vehicles without restriction as to the
designed passenger capacity of
the vehicle;
(8) P4--Restricts the driver to driving class C school
buses
designed to transport fewer than sixteen passengers
including the
driver.
(9) N--authorizes the driver to drive tank vehicles;
(10) S--authorizes the driver to drive school buses
transporting children;
(11) X--authorizes the driver to drive tank vehicles
transporting hazardous materials in a quantity requiring
placarding;
(12) W--restricts the driver to the operation of
commercial
motor vehicles in accordance with a waiver for
farm-related
service industries issued under section 4506.24 of
the Revised
Code.
(D) In addition to any endorsement that otherwise may apply,
a person who is engaged in the towing of a disabled or wrecked
motor vehicle shall hold a commercial driver's license bearing any
endorsement required to drive the towed vehicle except the driver
is not required to have either of the following:
(1) A passenger endorsement to tow an unoccupied passenger
vehicle;
(2) Any endorsement required for the wrecked or disabled
vehicle when the driver initially removes a vehicle from the site
of the emergency where the vehicle became wrecked or disabled to
the nearest appropriate repair, disposal, or storage facility, as
applicable.
(E) No person shall drive any commercial motor vehicle for
which an endorsement is required under this section unless the
proper endorsement appears on the person's commercial driver's
license.
(F)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
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.
Sec. 4506.24. (A) A restricted
commercial driver's license
and waiver for farm-related service
industries may be issued by
the registrar of motor vehicles to
allow a person to operate a
commercial motor vehicle during
seasonal periods determined by the
registrar and subject to the
restrictions set forth in this
section.
(B) Upon receiving an application for a restricted
commercial
driver's license under section 4506.07 of the Revised
Code and
payment of a fee as provided in section 4506.08 of the
Revised
Code, the registrar may issue such license to any person
who meets
all of the following requirements:
(1) Has at least one year of driving experience in any
type
of vehicle;
(2) Holds a valid driver's license, other than a
restricted
license, issued under Chapter 4507. of the Revised
Code;
(3) Certifies that during the
two-year period
immediately
preceding application, all of the following apply:
(a) The person has not had more than one license;
(b) The person has not had any license suspended, revoked,
or
canceled;
(c) The person has not had any convictions for any type of
motor
vehicle for the offenses for which disqualification is
prescribed
in section 4506.16 of the Revised Code;
(d) The person has not had any violation of a state or local
law
relating to motor vehicle traffic control other than a parking
violation arising in connection with any traffic accident and has
no record of an accident in which the person was at fault.
(4) Certifies and also provides evidence that the person is
employed in one or more of the following farm-related service
industries requiring the person to operate a commercial
motor
vehicle:
(b) Farm retail outlets and suppliers;
(c) Agri-chemical business;
(C) An annual waiver A restricted commercial driver's license
for farm-related service industries, which shall be valid for one
year from the date of issuance,
may
be issued to authorize the
holder of a restricted commercial
driver's license to operate a
commercial motor vehicle during
seasonal periods designated by the
registrar. The registrar
shall
determine the format of the waiver
restricted commercial driver's license. The total number of
days
that
a person may operate a commercial motor vehicle
pursuant to a
waiver for farm-related service industries under such a restricted
commercial driver's license shall
not exceed one
hundred eighty
days in any twelve-month the one-year period for which it is
valid.
Each time the
holder of a restricted commercial driver's
license
applies for a
waiver for farm-related service industries
applies to renew the license, the
registrar shall
verify that the
person meets all of the
requirements set forth in
division (B) of
this section. The
restricted commercial driver's
license and
waiver shall be
carried at all times when a commercial
motor
vehicle is being
operated by the holder of the license and
waiver.
(D) The holder of a restricted commercial driver's license
and valid waiver for farm-related service industries may operate
a
class B or C commercial motor vehicle subject to all of the
following restrictions:
(1) The commercial motor vehicle is operated within a
distance of no more than one hundred fifty miles of the
employer's
place of business or the farm currently being served;
(2) The operation of the commercial motor vehicle does not
involve transporting hazardous materials for which placarding is
required, except as follows:
(a) Diesel fuel in quantities of one thousand gallons or
less;
(b) Liquid fertilizers in vehicles or implements of
husbandry
with total capacities of three thousand gallons or
less;
(c) Solid fertilizers that are not transported with any
organic substance.
(E) Except as otherwise provided in this section, an
applicant for or holder of a restricted commercial driver's
license and waiver for farm-related service industries is subject
to the provisions of this chapter. Divisions (A)(4) and (B)(1)
of
section 4506.07 and sections 4506.09 and 4506.10 of the
Revised
Code do not apply to an applicant for a restricted
commercial
driver's license and waiver for farm-related service industries.
Section 2. That existing sections 4506.03, 4506.12, 4506.16,
and 4506.24 of the Revised Code
are hereby repealed.
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