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Sub. H. B. No. 204 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 Letson, Slesnick
Cosponsors:
Representatives Harris, Mallory, Dodd, Winburn, Yuko, Skindell, Domenick, Balderson, McClain, Ruhl, Zehringer
A BILL
To amend sections 4507.05, 4510.12, 4511.53, 4511.69,
and 4513.03 of the Revised Code to permit a
motorcycle operator to back the motorcycle into an
angled parking space, to codify the restrictions
that apply to a person who operates a motorcycle
pursuant to a motorcycle temporary instruction
permit, to clarify the penalties for operating a
motorcycle without having either a motorcycle
endorsement or the proper restricted license, and
to provide generally that lighted daytime running
lights satisfy the requirement that motor vehicles
display lighted lights at any time when the
vehicle's windshield wipers are in use because of
precipitation on the windshield.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.05, 4510.12, 4511.53, 4511.69,
and 4513.03 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 under the restrictions
prescribed in section 4511.53 of the Revised Code, or to drive a
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.
(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.
(I) Whoever violates division (F)(1) or (2) of this section
is guilty of a minor misdemeanor.
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 an unclassified
misdemeanor. The offender may be fined up to one thousand dollars
and pursuant to division (B) of section 2929.27 of the Revised
Code additionally may be ordered to serve a term of community
service of up to five hundred hours.
(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, the offense is a minor
misdemeanor.
(b) 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 driver's 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.
Sec. 4511.53. (A) For purposes of this section, "snowmobile"
has the same meaning as given that term in section 4519.01 of the
Revised Code.
(B) No person operating a bicycle shall ride other than upon
or astride the permanent and regular seat attached thereto or
carry any other person upon such bicycle other than upon a firmly
attached and regular seat thereon, and no person shall ride upon a
bicycle other than upon such a firmly attached and regular seat.
No person operating a motorcycle shall ride other than upon
or astride the permanent and regular seat or saddle attached
thereto, or carry any other person upon such motorcycle other than
upon a firmly attached and regular seat or saddle thereon, and no
person shall ride upon a motorcycle other than upon such a firmly
attached and regular seat or saddle.
No person shall ride upon a motorcycle that is equipped with
a saddle other than while sitting astride the saddle, facing
forward, with one leg on each side of the motorcycle.
No person shall ride upon a motorcycle that is equipped with
a seat other than while sitting upon the seat.
No person operating a bicycle shall carry any package,
bundle, or article that prevents the driver from keeping at least
one hand upon the handle bars.
No bicycle or motorcycle shall be used to carry more persons
at one time than the number for which it is designed and equipped,
nor shall any motorcycle be operated on a highway when the handle
bars or grips are more than fifteen inches higher than the seat or
saddle for the operator.
No person shall operate or be a passenger on a snowmobile or
motorcycle without using safety glasses or other protective eye
device. No person who is under the age of eighteen years, or who
holds a motorcycle operator's endorsement or license bearing a
"novice" designation that is currently in effect as provided in
section 4507.13 of the Revised Code, shall operate a motorcycle on
a highway, or be a passenger on a motorcycle, unless wearing a
protective helmet on the person's head, and no other person shall
be a passenger on a motorcycle operated by such a person unless
similarly wearing a protective helmet. The helmet, safety glasses,
or other protective eye device shall conform with
regulations
prescribed and promulgated rules adopted by the director of public
safety. The provisions of this paragraph or a violation thereof
shall not be used in the trial of any civil action.
(C)(1) No person shall operate a motorcycle with a valid
temporary instruction permit and temporary instruction permit
identification card issued by the registrar of motor vehicles
pursuant to section 4507.05 of the Revised Code unless the person,
at the time of such operation, is wearing on the person's head a
protective helmet that conforms with rules adopted by the
director.
(2) No person shall operate a motorcycle with a valid
temporary instruction permit and temporary instruction permit
identification card issued by the registrar pursuant to section
4507.05 of the Revised Code in any of the following circumstances:
(a) At any time when lighted lights are required by division
(A)(1) of section 4513.03 of the Revised Code;
(b) While carrying a passenger;
(c) On any limited access highway.
(D) Nothing in this section shall be construed as prohibiting
the carrying of a child in a seat or trailer that is designed for
carrying children and is firmly attached to the bicycle.
(D)(E) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If, within
one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more
predicate motor vehicle or traffic offenses, whoever violates this
section is guilty of a misdemeanor of the third degree.
Sec. 4511.69. (A) Every vehicle stopped or parked upon a
roadway where there is an adjacent curb shall be stopped or parked
with the right-hand wheels of the vehicle parallel with and not
more than twelve inches from the right-hand curb, unless it is
impossible to approach so close to the curb; in such case the stop
shall be made as close to the curb as possible and only for the
time necessary to discharge and receive passengers or to load or
unload merchandise. Local authorities by ordinance may permit
angle parking on any roadway under their jurisdiction, except that
angle parking shall not be permitted on a state route within a
municipal corporation unless an unoccupied roadway width of not
less than twenty-five feet is available for free-moving traffic.
(B) Local authorities by ordinance may permit parking of
vehicles with the left-hand wheels adjacent to and within twelve
inches of the left-hand curb of a one-way roadway.
(C) No (1) Except as provided in division (C)(2) of this
section, no vehicle or trackless trolley shall be stopped or
parked on a road or highway with the vehicle or trackless trolley
facing in a direction other than the direction of travel on that
side of the road or highway.
(2) The operator of a motorcycle may back the motorcycle into
an angled parking space so that when the motorcycle is parked it
is facing in a direction other than the direction of travel on the
side of the road or highway.
(D) Notwithstanding any statute or any rule, resolution, or
ordinance adopted by any local authority, air compressors,
tractors, trucks, and other equipment, while being used in the
construction, reconstruction, installation, repair, or removal of
facilities near, on, over, or under a street or highway, may stop,
stand, or park where necessary in order to perform such work,
provided a flagperson is on duty or warning signs or lights are
displayed as may be prescribed by the director of transportation.
(E) Special parking locations and privileges for persons with
disabilities that limit or impair the ability to walk, also known
as handicapped parking spaces or disability parking spaces, shall
be provided and designated by all political subdivisions and by
the state and all agencies and instrumentalities thereof at all
offices and facilities, where parking is provided, whether owned,
rented, or leased, and at all publicly owned parking garages. The
locations shall be designated through the posting of an elevated
sign, whether permanently affixed or movable, imprinted with the
international symbol of access and shall be reasonably close to
exits, entrances, elevators, and ramps. All elevated signs posted
in accordance with this division and division (C) of section
3781.111 of the Revised Code shall be mounted on a fixed or
movable post, and the distance from the ground to the top edge of
the sign shall measure five feet. If a new sign or a replacement
sign designating a special parking location is posted on or after
October 14, 1999, there also shall be affixed upon the surface of
that sign or affixed next to the designating sign a notice that
states the fine applicable for the offense of parking a motor
vehicle in the special designated parking location if the motor
vehicle is not legally entitled to be parked in that location.
(F)(1) No person shall stop, stand, or park any motor vehicle
at special parking locations provided under division (E) of this
section or at special clearly marked parking locations provided in
or on privately owned parking lots, parking garages, or other
parking areas and designated in accordance with that division,
unless one of the following applies:
(a) The motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs the
ability to walk and is displaying a valid removable windshield
placard or special license plates;
(b) The motor vehicle is being operated by or for the
transport of a handicapped person and is displaying a parking card
or special handicapped license plates.
(2) Any motor vehicle that is parked in a special marked
parking location in violation of division (F)(1)(a) or (b) of this
section may be towed or otherwise removed from the parking
location by the law enforcement agency of the political
subdivision in which the parking location is located. A motor
vehicle that is so towed or removed shall not be released to its
owner until the owner presents proof of ownership of the motor
vehicle and pays all towing and storage fees normally imposed by
that political subdivision for towing and storing motor vehicles.
If the motor vehicle is a leased vehicle, it shall not be released
to the lessee until the lessee presents proof that that person is
the lessee of the motor vehicle and pays all towing and storage
fees normally imposed by that political subdivision for towing and
storing motor vehicles.
(3) If a person is charged with a violation of division
(F)(1)(a) or (b) of this section, it is an affirmative defense to
the charge that the person suffered an injury not more than
seventy-two hours prior to the time the person was issued the
ticket or citation and that, because of the injury, the person
meets at least one of the criteria contained in division (A)(1) of
section 4503.44 of the Revised Code.
(G) When a motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs the
ability to walk and is displaying a removable windshield placard
or a temporary removable windshield placard or special license
plates, or when a motor vehicle is being operated by or for the
transport of a handicapped person and is displaying a parking card
or special handicapped license plates, the motor vehicle is
permitted to park for a period of two hours in excess of the legal
parking period permitted by local authorities, except where local
ordinances or police rules provide otherwise or where the vehicle
is parked in such a manner as to be clearly a traffic hazard.
(H) No owner of an office, facility, or parking garage where
special parking locations are required to be designated in
accordance with division (E) of this section shall fail to
properly mark the special parking locations in accordance with
that division or fail to maintain the markings of the special
locations, including the erection and maintenance of the fixed or
movable signs.
(I) Nothing in this section shall be construed to require a
person or organization to apply for a removable windshield placard
or special license plates if the parking card or special license
plates issued to the person or organization under prior law have
not expired or been surrendered or revoked.
(J)(1) Whoever violates division (A) or (C) of this section
is guilty of a minor misdemeanor.
(2)(a) Whoever violates division (F)(1)(a) or (b) of this
section is guilty of a misdemeanor and shall be punished as
provided in division (J)(2)(a) and (b) of this section. Except as
otherwise provided in division (J)(2)(a) of this section, an
offender who violates division (F)(1)(a) or (b) of this section
shall be fined not less than two hundred fifty nor more than five
hundred dollars. An offender who violates division (F)(1)(a) or
(b) of this section shall be fined not more than one hundred
dollars if the offender, prior to sentencing, proves either of the
following to the satisfaction of the court:
(i) At the time of the violation of division (F)(1)(a) of
this section, the offender or the person for whose transport the
motor vehicle was being operated had been issued a removable
windshield placard that then was valid or special license plates
that then were valid but the offender or the person neglected to
display the placard or license plates as described in division
(F)(1)(a) of this section.
(ii) At the time of the violation of division (F)(1)(b) of
this section, the offender or the person for whose transport the
motor vehicle was being operated had been issued a parking card
that then was valid or special handicapped license plates that
then were valid but the offender or the person neglected to
display the card or license plates as described in division
(F)(1)(b) of this section.
(b) In no case shall an offender who violates division
(F)(1)(a) or (b) of this section be sentenced to any term of
imprisonment.
An arrest or conviction for a violation of division (F)(1)(a)
or (b) of this section does not constitute a criminal record and
need not be reported by the person so arrested or convicted in
response to any inquiries contained in any application for
employment, license, or other right or privilege, or made in
connection with the person's appearance as a witness.
The clerk of the court shall pay every fine collected under
division (J)(2) of this section to the political subdivision in
which the violation occurred. Except as provided in division
(J)(2) of this section, the political subdivision shall use the
fine moneys it receives under division (J)(2) of this section to
pay the expenses it incurs in complying with the signage and
notice requirements contained in division (E) of this section. The
political subdivision may use up to fifty per cent of each fine it
receives under division (J)(2) of this section to pay the costs of
educational, advocacy, support, and assistive technology programs
for persons with disabilities, and for public improvements within
the political subdivision that benefit or assist persons with
disabilities, if governmental agencies or nonprofit organizations
offer the programs.
(3) Whoever violates division (H) of this section shall be
punished as follows:
(a) Except as otherwise provided in division (J)(3) of this
section, the offender shall be issued a warning.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (H) of this section or
of a municipal ordinance that is substantially similar to that
division, the offender shall not be issued a warning but shall be
fined not more than twenty-five dollars for each parking location
that is not properly marked or whose markings are not properly
maintained.
(K) As used in this section:
(1) "Handicapped person" means any person who has lost the
use of one or both legs or one or both arms, who is blind, deaf,
or so severely handicapped as to be unable to move without the aid
of crutches or a wheelchair, or whose mobility is restricted by a
permanent cardiovascular, pulmonary, or other handicapping
condition.
(2) "Person with a disability that limits or impairs the
ability to walk" has the same meaning as in section 4503.44 of the
Revised Code.
(3) "Special license plates" and "removable windshield
placard" mean any license plates or removable windshield placard
or temporary removable windshield placard issued under section
4503.41 or 4503.44 of the Revised Code, and also mean any
substantially similar license plates or removable windshield
placard or temporary removable windshield placard issued by a
state, district, country, or sovereignty.
Sec. 4513.03. (A) Every Except as otherwise provided in
division (A)(3) of this section, every vehicle, other than a
motorized bicycle, operated upon a street or highway within this
state shall display lighted lights and illuminating devices as
required by sections 4513.04 to 4513.37 of the Revised Code during
all of the following times:
(1) The time from sunset to sunrise;
(2) At any other time when, due to insufficient natural light
or unfavorable atmospheric conditions, persons, vehicles, and
substantial objects on the highway are not discernible at a
distance of one thousand feet ahead;
(3) At any time when the windshield wipers of the vehicle are
in use because of precipitation on the windshield; provided, that
this requirement is satisfied if a vehicle displays lighted
daytime running lights as those lights are described in federal
motor vehicle safety standard number one hundred eight, 49 C.F.R.
571.108, as amended, and at the time of such display of lighted
daytime running lights division (A)(1) or (2) of this section does
not apply.
Every motorized bicycle shall display at such times lighted
lights meeting the rules adopted by the director of public safety
under section 4511.521 of the Revised Code. No motor vehicle,
during any time specified in this section, shall be operated upon
a street or highway within this state using only parking lights as
illumination.
Whenever in such sections a requirement is declared as to the
distance from which certain lamps and devices shall render objects
visible, or within which such lamps or devices shall be visible,
such distance shall be measured upon a straight level unlighted
highway under normal atmospheric conditions unless a different
condition is expressly stated.
Whenever in such sections a requirement is declared as to the
mounted height of lights or devices, it shall mean from the center
of such light or device to the level ground upon which the vehicle
stands.
(B) Notwithstanding any provision of law to the contrary, no
law enforcement officer shall cause the operator of a vehicle
being operated upon a street or highway within this state to stop
the vehicle solely because the officer observes that a violation
of division (A)(3) of this section has been or is being committed
or for the sole purpose of issuing a ticket, citation, or summons
for a violation of that division, or causing the arrest of or
commencing a prosecution of a person for a violation of that
division.
(C) Whoever violates this section is guilty of a minor
misdemeanor.
Section 2. That existing sections 4507.05, 4510.12, 4511.53,
4511.69, and 4513.03 of the Revised Code are hereby repealed.
Section 3. Section 4513.03 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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