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H. B. No. 130 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Ujvagi, Pillich, Letson, Domenick
A BILL
To amend sections 4507.05 and 4507.071 of the Revised
Code to prohibit a person who is less than 17
years of age from talking or text messaging on a
mobile communication device while driving.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.05 and 4507.071 of the Revised
Code be amended to read as follows:
Sec. 4507.05. (A) The registrar of motor vehicles, or
a
deputy registrar, upon receiving
an application
for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person
who is
at least fifteen years six months of age, may
issue such a
permit
and identification card entitling the applicant to
drive a
motor
vehicle,
other than a commercial motor vehicle, upon the
highways
under the following conditions:
(1) If the permit is issued to a person who is at least
fifteen years
six months of age, but less than sixteen years
of
age:
(a) The permit and identification card are in the
holder's
immediate possession;
(b) The holder is accompanied by an eligible adult
who
actually occupies the seat beside the permit holder and does not
have a prohibited concentration of alcohol in the whole blood,
blood serum or plasma, breath, or urine as provided in division
(A) of section 4511.19 of the Revised Code;
(c) 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.
(2) If the permit is issued to a person who is at least
sixteen years of
age:
(a) The permit and identification card are in the holder's
immediate
possession;
(b) The holder is
accompanied by a licensed operator who is
at least twenty-one years of age, is actually occupying a
seat
beside the driver, and does not have a prohibited concentration of
alcohol in the whole blood, blood serum or plasma, breath, or
urine as provided in division (A) of section 4511.19 of the
Revised Code;
(c) 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.
(B) The registrar or a deputy registrar,
upon receiving from
any person an application for a temporary
instruction permit and
temporary instruction permit identification card
to
operate a
motorcycle or motorized bicycle,
may issue such a permit and
identification card entitling the
applicant, while
having the
permit and identification card in the applicant's
immediate
possession, to drive a
motorcycle or motorized bicycle under
restrictions determined by the registrar.
A temporary instruction
permit and temporary instruction permit
identification card to
operate a motorized bicycle may be issued
to a person fourteen or
fifteen years old.
(C) Any permit and identification card issued under this
section shall be
issued in the same manner as a driver's license,
upon a
form to be
furnished by the registrar.
A temporary
instruction
permit to drive a motor vehicle other than a
commercial motor vehicle
shall be valid for a period of one year.
(D) Any person having in the person's possession a
valid and
current
driver's license or motorcycle operator's license or
endorsement
issued to the person by another jurisdiction
recognized by
this state is
exempt from obtaining a temporary
instruction permit for a
driver's license, but shall submit to the
regular examination in
obtaining a driver's license or motorcycle
operator's endorsement
in this state.
(E) The registrar may adopt rules governing the use
of
temporary instruction permits and temporary
instruction permit
identification cards.
(F)(1) No holder of a permit issued
under division (A) of
this
section 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 in violation of the conditions
established under division (A)
of this section.
(2) Except as provided in division (F)(2) of this section,
no
holder of a permit that is issued under division
(A) of this
section and that is issued on or
after
July 1, 1998, and who 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
midnight and six
a.m.
The holder of a permit issued under division (A) of this
section
on
or after
July 1,
1998, who has
not attained the age of
eighteen years, may 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. if, at the time of
such operation,
the holder is
accompanied
by the holder's parent,
guardian, or
custodian, and the parent,
guardian, or custodian
holds a current
valid driver's or
commercial driver's
license
issued by this state, is actually
occupying a seat beside the
permit holder, and does not have a
prohibited concentration of alcohol in the whole blood, blood
serum or plasma, breath, or urine as provided in division (A) of
section 4511.19 of the Revised Code.
(3) No holder of a permit issued under division (A) of this
section who has not attained the age of seventeen shall drive a
motor vehicle upon a highway or any public or private property
used by the public for purposes of vehicular travel or parking
while talking or text messaging on a mobile communication device.
(G)(1) 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 (A) 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.
(2) 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
(F)(2) 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.
(H) As used in this section:
(1) "Eligible adult" means any of the following:
(a) An instructor of
a driver training course approved
by
the
department of public safety;
(b) Any of the following persons who holds a current
valid
driver's or commercial driver's license issued by this state:
(i) A parent, guardian, or custodian of the permit
holder;
(ii) A person twenty-one years of age or older who
acts in
loco parentis of the permit holder.
(2) "Occupant restraining device" has the same meaning as
in
section 4513.263 of the
Revised
Code.
(3) "Mobile communication device" includes any of the
following:
(1) A wireless telephone;
(2) A text-messaging device;
(3) A personal digital assistant;
(5) Any other substantially similar wireless device that is
designed or used to communicate text or data.
(I) Whoever violates division (F)(1) or (2) of this section
is guilty of a minor misdemeanor.
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.
(5) No holder of a probationary driver's license who has not
attained the age of seventeen shall drive a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking while talking or text
messaging on a mobile communication device.
(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) 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.
(4) "Mobile communication device" includes any of the
following:
(1) A wireless telephone;
(2) A text-messaging device;
(3) A personal digital assistant;
(5) Any other substantially similar wireless device that is
designed or used to communicate text or data.
(J)
Whoever violates division (B)(1) or, (4), or (5), (D)(3),
or
(E)
of
this
section is
guilty of a minor misdemeanor.
Section 2. That existing sections 4507.05 and 4507.071 of
the Revised Code are hereby repealed.
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