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H. B. No. 528 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Pryor, Phillips
Cosponsors:
Representatives Amstutz, Balderson, Book, Boose, Brown, Derickson, Evans, Fende, Garland, Hottinger, Murray, Newcomb, Patten, Ruhl, Williams, B., Zehringer
A BILL
To amend sections 4503.04, 4510.037, and 4510.038 of
the Revised Code to exempt farm trucks and farm
buses from the vehicle registration late fee, to
establish a mandatory waiver of the registration
late fee for vehicles used on a seasonal basis,
and to allow the Director of Public Safety to
approve a course in remedial driving instruction
that is conducted entirely by video
teleconferencing or the internet under specified
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.04, 4510.037, and 4510.038 of
the Revised Code be amended to read as follows:
Sec. 4503.04. Except as provided in sections 4503.042 and
4503.65 of the Revised Code for the registration of commercial
cars, trailers, semitrailers, and certain buses, the rates of the
taxes imposed by section 4503.02 of the Revised Code shall be as
follows:
(A) For motor vehicles having three wheels or less, the
license tax is:
(1) For each motorized bicycle, ten dollars;
(2) For each motorcycle, fourteen dollars.
(B) For each passenger car, twenty dollars;
(C) For each manufactured home, each mobile home, and each
travel trailer, ten dollars;
(D) For each noncommercial motor vehicle designed by the
manufacturer to carry a load of no more than three-quarters of one
ton and for each motor home, thirty-five dollars; for each
noncommercial motor vehicle designed by the manufacturer to carry
a load of more than three-quarters of one ton, but not more than
one ton, seventy dollars;
(E) For each noncommercial trailer, the license tax is:
(1) Eighty-five cents for each one hundred pounds or part
thereof for the first two thousand pounds or part thereof of
weight of vehicle fully equipped;
(2) One dollar and forty cents for each one hundred pounds or
part thereof in excess of two thousand pounds up to and including
three thousand pounds.
(F) Notwithstanding its weight, twelve dollars for any:
(1) Vehicle equipped, owned, and used by a charitable or
nonprofit corporation exclusively for the purpose of administering
chest x-rays or receiving blood donations;
(2) Van used principally for the transportation of
handicapped persons that has been modified by being equipped with
adaptive equipment to facilitate the movement of such persons into
and out of the van;
(3) Bus used principally for the transportation of
handicapped persons or persons sixty-five years of age or older;.
(G) Notwithstanding its weight, twenty dollars for any bus
used principally for the transportation of persons in a
ridesharing arrangement.
(H) For each transit bus having motor power the license tax
is twelve dollars.
"Transit bus" means either a motor vehicle having a seating
capacity of more than seven persons which is operated and used by
any person in the rendition of a public mass transportation
service primarily in a municipal corporation or municipal
corporations and provided at least seventy-five per cent of the
annual mileage of such service and use is within such municipal
corporation or municipal corporations or a motor vehicle having a
seating capacity of more than seven persons which is operated
solely for the transportation of persons associated with a
charitable or nonprofit corporation, but does not mean any motor
vehicle having a seating capacity of more than seven persons when
such vehicle is used in a ridesharing capacity or any bus
described by division (F)(3) of this section.
The application for registration of such transit bus shall be
accompanied by an affidavit prescribed by the registrar of motor
vehicles and signed by the person or an agent of the firm or
corporation operating such bus stating that the bus has a seating
capacity of more than seven persons, and that it is either to be
operated and used in the rendition of a public mass transportation
service and that at least seventy-five per cent of the annual
mileage of such operation and use shall be within one or more
municipal corporations or that it is to be operated solely for the
transportation of persons associated with a charitable or
nonprofit corporation.
The form of the license plate, and the manner of its
attachment to the vehicle, shall be prescribed by the registrar of
motor vehicles.
(I) The minimum tax for any vehicle having motor power other
than a farm truck, a motorized bicycle, or motorcycle is ten
dollars and eighty cents, and for each noncommercial trailer, five
dollars.
(J)(1) Except as otherwise provided in division (J) of this
section, for each farm truck, except a noncommercial motor
vehicle, that is owned, controlled, or operated by one or more
farmers exclusively in farm use as defined in this section, and
not for commercial purposes, and provided that at least
seventy-five per cent of such farm use is by or for the one or
more owners, controllers, or operators of the farm in the
operation of which a farm truck is used, the license tax is five
dollars plus:
(a) Fifty cents per one hundred pounds or part thereof for
the first three thousand pounds;
(b) Seventy cents per one hundred pounds or part thereof in
excess of three thousand pounds up to and including four thousand
pounds;
(c) Ninety cents per one hundred pounds or part thereof in
excess of four thousand pounds up to and including six thousand
pounds;
(d) Two dollars for each one hundred pounds or part thereof
in excess of six thousand pounds up to and including ten thousand
pounds;
(e) Two dollars and twenty-five cents for each one hundred
pounds or part thereof in excess of ten thousand pounds;
(f) The minimum license tax for any farm truck shall be
twelve dollars.
(2) The owner of a farm truck may register the truck for a
period of one-half year by paying one-half the registration tax
imposed on the truck under this chapter and one-half the amount of
any tax imposed on the truck under Chapter 4504. of the Revised
Code.
(3) A farm bus may be registered for a period of ninety days
from the date of issue of the license plates for the bus, for a
fee of ten dollars, provided such license plates shall not be
issued for more than any two ninety-day periods in any calendar
year. Such use does not include the operation of trucks by
commercial processors of agricultural products.
(4) License plates for farm trucks and for farm buses shall
have some distinguishing marks, letters, colors, or other
characteristics to be determined by the director of public safety.
(5) Every person registering a farm truck or bus under this
section shall furnish an affidavit certifying that the truck or
bus licensed to that person is to be so used as to meet the
requirements necessary for the farm truck or farm bus
classification.
Any farmer may use a truck owned by the farmer for commercial
purposes by paying the difference between the commercial truck
registration fee and the farm truck registration fee for the
remaining part of the registration period for which the truck is
registered. Such remainder shall be calculated from the beginning
of the semiannual period in which application for such commercial
license is made.
Taxes at the rates provided in this section are in lieu of
all taxes on or with respect to the ownership of such motor
vehicles, except as provided in section 4503.042 and section
4503.06 of the Revised Code.
(K) Other than trucks registered under the international
registration plan in another jurisdiction and for which this state
has received an apportioned registration fee, the license tax for
each truck which is owned, controlled, or operated by a
nonresident, and licensed in another state, and which is used
exclusively for the transportation of nonprocessed agricultural
products intrastate, from the place of production to the place of
processing, is twenty-four dollars.
"Truck," as used in this division, means any pickup truck,
straight truck, semitrailer, or trailer other than a travel
trailer. Nonprocessed agricultural products, as used in this
division, does not include livestock or grain.
A license issued under this division shall be issued for a
period of one hundred thirty days in the same manner in which all
other licenses are issued under this section, provided that no
truck shall be so licensed for more than one
one-hundred-thirty-day period during any calendar year.
The license issued pursuant to this division shall consist of
a windshield decal to be designed by the director of public
safety.
Every person registering a truck under this division shall
furnish an affidavit certifying that the truck licensed to the
person is to be used exclusively for the purposes specified in
this division.
(L) Every person registering a motor vehicle as a
noncommercial motor vehicle as defined in section 4501.01 of the
Revised Code, or registering a trailer as a noncommercial trailer
as defined in that section, shall furnish an affidavit certifying
that the motor vehicle or trailer so licensed to the person is to
be so used as to meet the requirements necessary for the
noncommercial vehicle classification.
(M) Every person registering a van or bus as provided in
divisions (F)(2) and (3) of this section shall furnish a notarized
statement certifying that the van or bus licensed to the person is
to be used for the purposes specified in those divisions. The form
of the license plate issued for such motor vehicles shall be
prescribed by the registrar.
(N) Every person registering as a passenger car a motor
vehicle designed and used for carrying more than nine but not more
than fifteen passengers, and every person registering a bus as
provided in division (G) of this section, shall furnish an
affidavit certifying that the vehicle so licensed to the person is
to be used in a ridesharing arrangement and that the person will
have in effect whenever the vehicle is used in a ridesharing
arrangement a policy of liability insurance with respect to the
motor vehicle in amounts and coverages no less than those required
by section 4509.79 of the Revised Code. The form of the license
plate issued for such a motor vehicle shall be prescribed by the
registrar.
(O)(1) Commencing on October 1, 2009, if an application for
registration renewal is not applied for prior to the expiration
date of the registration or within seven days after that date, the
registrar or deputy registrar shall collect a fee of twenty
dollars for the issuance of the vehicle registration, but. For any
motor vehicle that is used on a seasonal basis, whether used for
general transportation or not, and that has not been used on the
public roads or highways since the expiration of the registration,
the registrar or deputy registrar shall waive the fee established
under this division if the application is accompanied by
supporting evidence of seasonal use as the registrar may require.
The registrar or deputy registrar may waive the fee for other good
cause shown if the application is accompanied by supporting
evidence as the registrar may require. The fee shall be in
addition to all other fees established by this section. A deputy
registrar shall retain fifty cents of the fee and shall transmit
the remaining amount to the registrar at the time and in the
manner provided by section 4503.10 of the Revised Code. The
registrar shall deposit all moneys received under this division
into the state highway safety fund established in section 4501.06
of the Revised Code.
(2) Division (O)(1) of this section does not apply to a farm
truck or farm bus registered under division (J) of this section.
(P) As used in this section:
(1) "Van" means any motor vehicle having a single rear axle
and an enclosed body without a second seat.
(2) "Handicapped person" means any person who has lost the
use of one or both legs, or one or both arms, or is blind, deaf,
or so severely disabled as to be unable to move about without the
aid of crutches or a wheelchair.
(3) "Farm truck" means a truck used in the transportation
from the farm of products of the farm, including livestock and its
products, poultry and its products, floricultural and
horticultural products, and in the transportation to the farm of
supplies for the farm, including tile, fence, and every other
thing or commodity used in agricultural, floricultural,
horticultural, livestock, and poultry production and livestock,
poultry, and other animals and things used for breeding, feeding,
or other purposes connected with the operation of the farm.
(4) "Farm bus" means a bus used only for the transportation
of agricultural employees and used only in the transportation of
such employees as are necessary in the operation of the farm.
(5) "Farm supplies" includes fuel used exclusively in the
operation of a farm, including one or more homes located on and
used in the operation of one or more farms, and furniture and
other things used in and around such homes.
Sec. 4510.037. (A) When the registrar of motor vehicles
determines that the total points charged against any person under
section 4510.036 of the Revised Code exceed five, the registrar
shall send a warning letter to the person at the person's last
known address by regular mail. The warning letter shall list the
reported violations that are the basis of the points charged, list
the number of points charged for each violation, and outline the
suspension provisions of this section.
(B) When the registrar determines that the total points
charged against any person under section 4510.036 of the Revised
Code within any two-year period beginning on the date of the first
conviction within the two-year period is equal to twelve or more,
the registrar shall send a written notice to the person at the
person's last known address by regular mail. The notice shall list
the reported violations that are the basis of the points charged,
list the number of points charged for each violation, and state
that, because the total number of points charged against the
person within the applicable two-year period is equal to twelve or
more, the registrar is imposing a class D suspension of the
person's driver's or commercial driver's license or permit or
nonresident operating privileges for the period of time specified
in division (B)(4) of section 4510.02 of the Revised Code. The
notice also shall state that the suspension is effective on the
twentieth day after the mailing of the notice, unless the person
files a petition appealing the determination and suspension in the
municipal court, county court, or, if the person is under the age
of eighteen, the juvenile division of the court of common pleas in
whose jurisdiction the person resides or, if the person is not a
resident of this state, in the Franklin county municipal court or
juvenile division of the Franklin county court of common pleas. By
filing the appeal of the determination and suspension, the person
agrees to pay the cost of the proceedings in the appeal of the
determination and suspension and alleges that the person can show
cause why the person's driver's or commercial driver's license or
permit or nonresident operating privileges should not be
suspended.
(C)(1) Any person against whom at least two but less than
twelve points have been charged under section 4510.036 of the
Revised Code may enroll in a course of remedial driving
instruction that is approved by the director of public safety.
Upon the person's completion of an approved course of remedial
driving instruction, the person may apply to the registrar on a
form prescribed by the registrar for a credit of two points on the
person's driving record. Upon receipt of the application and proof
of completion of the approved remedial driving course, the
registrar shall approve the two-point credit. The registrar shall
not approve any credits for a person who completes an approved
course of remedial driving instruction pursuant to a judge's order
under section 4510.02 of the Revised Code.
(2) In any three-year period, the registrar shall approve
only one two-point credit on a person's driving record under
division (C)(1) of this section. The registrar shall approve not
more than five two-point credits on a person's driving record
under division (C)(1) of this section during that person's
lifetime.
(D) When a judge of a court of record suspends a person's
driver's or commercial driver's license or permit or nonresident
operating privilege and charges points against the person under
section 4510.036 of the Revised Code for the offense that resulted
in the suspension, the registrar shall credit that period of
suspension against the time of any subsequent suspension imposed
under this section for which those points were used to impose the
subsequent suspension. When a United States district court that
has jurisdiction within this state suspends a person's driver's or
commercial driver's license or permit or nonresident operating
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.
4381 (1988), 18 U.S.C.A. 13, as amended, the district court
prepares an abstract pursuant to section 4510.031 of the Revised
Code, and the district court charges points against the person
under section 4510.036 of the Revised Code for the offense that
resulted in the suspension, the registrar shall credit the period
of suspension imposed by the district court against the time of
any subsequent suspension imposed under this section for which the
points were used to impose the subsequent suspension.
(E) The registrar, upon the written request of a licensee who
files a petition under division (B) of this section, shall furnish
the licensee a certified copy of the registrar's record of the
convictions and bond forfeitures of the person. This record shall
include the name, address, and date of birth of the licensee; the
name of the court in which each conviction or bail forfeiture took
place; the nature of the offense that was the basis of the
conviction or bond forfeiture; and any other information that the
registrar considers necessary. If the record indicates that twelve
points or more have been charged against the person within a
two-year period, it is prima-facie evidence that the person is a
repeat traffic offender, and the registrar shall suspend the
person's driver's or commercial driver's license or permit or
nonresident operating privilege pursuant to division (B) of this
section.
In hearing the petition and determining whether the person
filing the petition has shown cause why the person's driver's or
commercial driver's license or permit or nonresident operating
privilege should not be suspended, the court shall decide the
issue on the record certified by the registrar and any additional
relevant, competent, and material evidence that either the
registrar or the person whose license is sought to be suspended
submits.
(F) If a petition is filed under division (B) of this section
in a county court, the prosecuting attorney of the county in which
the case is pending shall represent the registrar in the
proceedings, except that, if the petitioner resides in a municipal
corporation within the jurisdiction of the county court, the city
director of law, village solicitor, or other chief legal officer
of the municipal corporation shall represent the registrar in the
proceedings. If a petition is filed under division (B) of this
section in a municipal court, the registrar shall be represented
in the resulting proceedings as provided in section 1901.34 of the
Revised Code.
(G) If the court determines from the evidence submitted that
a person who filed a petition under division (B) of this section
has failed to show cause why the person's driver's or commercial
driver's license or permit or nonresident operating privileges
should not be suspended, the court shall assess against the person
the cost of the proceedings in the appeal of the determination and
suspension and shall impose the applicable suspension under this
section or suspend all or a portion of the suspension and impose
any conditions upon the person that the court considers proper or
impose upon the person a community control sanction pursuant to
section 2929.15 or 2929.25 of the Revised Code. If the court
determines from the evidence submitted that a person who filed a
petition under division (B) of this section has shown cause why
the person's driver's or commercial driver's license or permit or
nonresident operating privileges should not be suspended, the
costs of the appeal proceeding shall be paid out of the county
treasury of the county in which the proceedings were held.
(H) Any person whose driver's or commercial driver's license
or permit or nonresident operating privileges are suspended under
this section is not entitled to apply for or receive a new
driver's or commercial driver's license or permit or to request or
be granted nonresident operating privileges during the effective
period of the suspension.
(I) Upon the termination of any suspension or other penalty
imposed under this section involving the surrender of license or
permit and upon the request of the person whose license or permit
was suspended or surrendered, the registrar shall return the
license or permit to the person upon determining that the person
has complied with all provisions of section 4510.038 of the
Revised Code or, if the registrar destroyed the license or permit
pursuant to section 4510.52 of the Revised Code, shall reissue the
person's license or permit.
(J) Any person whose driver's or commercial driver's license
or permit or nonresident operating privileges are suspended as a
repeat traffic offender under this section and who, during the
suspension, operates any motor vehicle upon any public roads and
highways is guilty of a misdemeanor of the first degree, and the
court shall sentence the offender to a minimum term of three days
in jail. No court shall suspend the first three days of jail time
imposed pursuant to this division.
(K) The registrar, in accordance with specific statutory
authority, may suspend the privilege of driving a motor vehicle on
the public roads and highways of this state that is granted to
nonresidents by section 4507.04 of the Revised Code.
(L) Any (1) Except as provided in division (L)(2) of this
section, any course of remedial driving instruction the director
of public safety approves under this section shall require its
students to attend at least fifty per cent of the course in
person. The and the director shall not approve any course of
remedial driving instruction that permits its students to take
more than fifty per cent of the course in any other manner,
including via video teleconferencing or the internet.
(2) The director may approve a course of remedial instruction
that permits students to take the entire course via video
teleconferencing or the internet if the course is managed by a
person who is admitted to the practice of law in the state of Ohio
and whose principal place of business is in this state. In
accordance with division (C) of this section, upon receiving an
application with a certificate or other proof of completion of a
course approved under this division, the registrar shall approve
the two-point reduction.
Sec. 4510.038. (A) Any person whose driver's or commercial
driver's license or permit is suspended or who is granted limited
driving privileges under section 4510.037, under division (H) of
section 4511.19, or under section 4510.07 of the Revised Code for
a violation of a municipal ordinance that is substantially
equivalent to division (B) of section 4511.19 of the Revised Code
is not eligible to retain the license, or to have the driving
privileges reinstated, until each of the following has occurred:
(1) The person successfully completes a course of remedial
driving instruction approved by the director of public safety. A
minimum of twenty-five per cent of the number of hours of
instruction included in the course shall be devoted to instruction
on driver attitude.
The course also shall devote a number of hours to instruction
in the area of alcohol and drugs and the operation of vehicles.
The instruction shall include, but not be limited to, a review of
the laws governing the operation of a vehicle while under the
influence of alcohol, drugs, or a combination of them, the dangers
of operating a vehicle while under the influence of alcohol,
drugs, or a combination of them, and other information relating to
the operation of vehicles and the consumption of alcoholic
beverages and use of drugs. The director, in consultation with the
director of alcohol and drug addiction services, shall prescribe
the content of the instruction. The number of hours devoted to the
area of alcohol and drugs and the operation of vehicles shall
comprise a minimum of twenty-five per cent of the number of hours
of instruction included in the course.
(2) The person is examined in the manner provided for in
section 4507.20 of the Revised Code, and found by the registrar of
motor vehicles to be qualified to operate a motor vehicle;
(3) The person gives and maintains proof of financial
responsibility, in accordance with section 4509.45 of the Revised
Code.
(B) Any (1) Except as provided in division (B)(2) of this
section, any course of remedial driving instruction the director
of public safety approves under this section shall require its
students to attend at least fifty per cent of the course in
person. The and the director shall not approve any course of
remedial driving instruction that permits its students to take
more than fifty per cent of the course in any other manner,
including via video teleconferencing or the internet.
(2) The director may approve a course of remedial instruction
that permits students to take the entire course via video
teleconferencing or the internet if the course is managed by a
person who is admitted to the practice of law in the state of Ohio
and whose principal place of business is in this state.
Section 2. That existing sections 4503.04, 4510.037, and
4510.038 of the Revised Code are hereby repealed.
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