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H. B. No. 278 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Stebelton, Okey
Cosponsors:
Representatives Adams, R., Bubp, Combs, Foley, Grossman, Hollington, Huffman, Letson, Maag, McGregor, McKenney, Murray
A BILL
To amend sections 4509.01, 4509.20, 4509.41, and
4509.51 of the Revised Code to increase the
minimum amounts required for valid proof of
financial responsibility and to amend sections
4509.01, 4509.20, 4509.41, and 4509.51 of the
Revised Code two years after the effective date of
this act to increase again the minimum amounts
required for valid proof of financial
responsibility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4509.01, 4509.20, 4509.41, and
4509.51 of the Revised Code be amended to read as follows:
Sec. 4509.01. As used in sections 4509.01 to 4509.78 of the
Revised Code:
(A) "Person" includes every natural person, firm,
partnership, association, or corporation.
(B) "Driver" means every person who drives or is in actual
physical control of a motor vehicle.
(C) "License" includes any license, permit, or privilege to
operate a motor vehicle issued under the laws of this state
including:
(1) Any temporary instruction permit or examiner's driving
permit;
(2) The privilege of any person to drive a motor vehicle
whether or not such person holds a valid license;
(3) Any nonresident's operating privilege.
(D) "Owner" means a person who holds the legal title of a
motor vehicle. If a motor vehicle is the subject of a lease with
an immediate right of possession vested in the lessee, the lessee
is the owner. A person listed as the owner on a certificate of
title on which there is a notation of a security interest is the
owner. A buyer or other transferee of a motor vehicle who receives
the certificate of title from the seller or transferor listing the
seller or transferor thereon as the owner with an assignment of
title to the buyer or transferee nonetheless is the owner even
though a subsequent certificate of title has not been issued
listing the buyer or transferee as the owner.
(E) "Registration" means registration certificates and
registration plates issued under the laws of this state pertaining
to the registration of motor vehicles.
(F) "Nonresident" means every person who is not a resident of
this state.
(G) "Nonresident's operating privilege" means the privilege
conferred upon a nonresident by the laws of this state pertaining
to the operation by such person of a motor vehicle, or the use of
a motor vehicle owned by such person, in this state.
(H) "Vehicle" means every device by which any person or
property may be transported upon a highway, except electric
personal assistive mobility devices, devices moved by power
collected from overhead electric trolley wires, or used
exclusively upon stationary rails or tracks, and except devices
other than bicycles moved by human power.
(I) "Motor vehicle" means every vehicle propelled by power
other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, road rollers,
traction engines, power shovels, power cranes and other equipment
used in construction work and not designed for or employed in
general highway transportation, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery,
threshing machinery, hay baling machinery, and agricultural
tractors and machinery used in the production of horticultural,
floricultural, agricultural, and vegetable products.
(J) "Accident" or "motor vehicle accident" means any accident
involving a motor vehicle which results in bodily injury to or
death of any person, or damage to the property of any person in
excess of four hundred dollars.
(K) "Proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
motor vehicle in the amount of twelve twenty thousand five hundred
dollars because of bodily injury to or death of one person in any
one accident, in the amount of twenty-five forty thousand dollars
because of bodily injury to or death of two or more persons in any
one accident, and in the amount of seven
fifteen thousand five
hundred dollars because of injury to property of others in any one
accident.
(L) "Motor-vehicle liability policy" means an "owner's
policy" or an "operator's policy" of liability insurance,
certified as provided in section 4509.46 or 4509.47 of the Revised
Code as proof of financial responsibility, and issued, except as
provided in section 4509.47 of the Revised Code, by an insurance
carrier authorized to do business in this state, to or for the
benefit of the person named therein as insured.
Sec. 4509.20. (A) A policy or bond does not comply with
divisions (A)(5), (A)(6), and (A)(7) of section 4509.19 of the
Revised Code unless issued by an insurance company or surety
company authorized to do business in this state, except as
provided in division (B) of this section, or unless such policy or
bond is subject, if the accident has resulted in bodily injury or
death, to a limit, exclusive of interest and costs, of not less
than twelve twenty thousand five hundred dollars because of bodily
injury to or death of one person in any one accident, and, subject
to said limit for one person, to a limit of not less than
twenty-five forty thousand dollars because of bodily injury to or
death of two or more persons in one accident, and, if the accident
has resulted in injury to, or destruction of property, to a limit
of not less than
seven fifteen thousand five hundred dollars
because of injury to or destruction of property of others in any
one accident.
(B) A policy or bond does not comply with divisions (A) (5),
(A) (6), and (A) (7) of section 4509.19 of the Revised Code with
respect to any motor vehicle which was not registered in this
state or was a motor vehicle which was registered elsewhere than
in this state at the effective date of the policy or bond or the
most recent renewal thereof, unless the insurance company or
surety company issuing such policy or bond is authorized to do
business in this state, or if said company is not authorized to do
business in this state unless it executes a power of attorney
authorizing the registrar of motor vehicles to accept service on
its behalf of notice or process in any action upon such policy or
bond arising out of such accident.
The registrar may rely upon the accuracy of the information
in the required report of a motor vehicle accident as to the
existence of insurance or a bond unless the registrar has reason
to believe that the information is erroneous.
Sec. 4509.41. (A) Judgments are satisfied for the purpose of
sections 4509.01 to 4509.78, inclusive, of the Revised Code, in
each of the following cases:
(1) When twelve twenty thousand five hundred dollars has been
credited upon any judgments in excess of that amount because of
bodily injury to or death of one person as a result of any one
accident;
(2) When the sum of twenty-five forty thousand dollars has
been credited upon any judgments in excess of that amount because
of bodily injury to or death of two or more persons as the result
of any one accident;
(3) When seven fifteen thousand five hundred dollars has been
credited upon any judgments rendered in excess of that amount
because of injury to property of others as a result of any one
accident.
(B) Payments made in settlements of any claims because of
bodily injury, death, or property damage arising from such
accident shall be credited in reduction of the amounts provided
for in this section.
Sec. 4509.51. Subject to the terms and conditions of an
owner's policy, every owner's policy of liability insurance:
(A) Shall designate by explicit description or by appropriate
reference all motor vehicles with respect to which coverage is
thereby granted;
(B) Shall insure the person named therein and any other
person, as insured, using any such motor vehicles with the express
or implied permission of the insured, against loss from the
liability imposed by law for damages arising out of the ownership,
maintenance, or use of such vehicles within the United States or
Canada, subject to monetary limits exclusive of interest and
costs, with respect to each such motor vehicle, as follows:
(1) Twelve Twenty thousand five hundred dollars because of
bodily injury to or death of one person in any one accident;
(2) Twenty-five Forty thousand dollars because of bodily
injury to or death of two or more persons in any one accident;
(3) Seven Fifteen thousand five hundred dollars because of
injury to property of others in any one accident.
Section 2. That existing sections 4509.01, 4509.20, 4509.41,
and 4509.51 of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect
six months after the effective date of this act.
Section 4. That sections 4509.01, 4509.20, 4509.41, and
4509.51 of the Revised Code, as amended by Section 1 of this act,
be amended to read as follows:
Sec. 4509.01. As used in sections 4509.01 to 4509.78 of the
Revised Code:
(A) "Person" includes every natural person, firm,
partnership, association, or corporation.
(B) "Driver" means every person who drives or is in actual
physical control of a motor vehicle.
(C) "License" includes any license, permit, or privilege to
operate a motor vehicle issued under the laws of this state
including:
(1) Any temporary instruction permit or examiner's driving
permit;
(2) The privilege of any person to drive a motor vehicle
whether or not such person holds a valid license;
(3) Any nonresident's operating privilege.
(D) "Owner" means a person who holds the legal title of a
motor vehicle. If a motor vehicle is the subject of a lease with
an immediate right of possession vested in the lessee, the lessee
is the owner. A person listed as the owner on a certificate of
title on which there is a notation of a security interest is the
owner. A buyer or other transferee of a motor vehicle who receives
the certificate of title from the seller or transferor listing the
seller or transferor thereon as the owner with an assignment of
title to the buyer or transferee nonetheless is the owner even
though a subsequent certificate of title has not been issued
listing the buyer or transferee as the owner.
(E) "Registration" means registration certificates and
registration plates issued under the laws of this state pertaining
to the registration of motor vehicles.
(F) "Nonresident" means every person who is not a resident of
this state.
(G) "Nonresident's operating privilege" means the privilege
conferred upon a nonresident by the laws of this state pertaining
to the operation by such person of a motor vehicle, or the use of
a motor vehicle owned by such person, in this state.
(H) "Vehicle" means every device by which any person or
property may be transported upon a highway, except electric
personal assistive mobility devices, devices moved by power
collected from overhead electric trolley wires, or used
exclusively upon stationary rails or tracks, and except devices
other than bicycles moved by human power.
(I) "Motor vehicle" means every vehicle propelled by power
other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, road rollers,
traction engines, power shovels, power cranes and other equipment
used in construction work and not designed for or employed in
general highway transportation, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery,
threshing machinery, hay baling machinery, and agricultural
tractors and machinery used in the production of horticultural,
floricultural, agricultural, and vegetable products.
(J) "Accident" or "motor vehicle accident" means any accident
involving a motor vehicle which results in bodily injury to or
death of any person, or damage to the property of any person in
excess of four hundred dollars.
(K) "Proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
motor vehicle in the amount of twenty twenty-five thousand dollars
because of bodily injury to or death of one person in any one
accident, in the amount of forty fifty thousand dollars because of
bodily injury to or death of two or more persons in any one
accident, and in the amount of fifteen
twenty-five thousand
dollars because of injury to property of others in any one
accident.
(L) "Motor-vehicle liability policy" means an "owner's
policy" or an "operator's policy" of liability insurance,
certified as provided in section 4509.46 or 4509.47 of the Revised
Code as proof of financial responsibility, and issued, except as
provided in section 4509.47 of the Revised Code, by an insurance
carrier authorized to do business in this state, to or for the
benefit of the person named therein as insured.
Sec. 4509.20. (A) A policy or bond does not comply with
divisions (A)(5), (A)(6), and (A)(7) of section 4509.19 of the
Revised Code unless issued by an insurance company or surety
company authorized to do business in this state, except as
provided in division (B) of this section, or unless such policy or
bond is subject, if the accident has resulted in bodily injury or
death, to a limit, exclusive of interest and costs, of not less
than twenty twenty-five thousand dollars because of bodily injury
to or death of one person in any one accident, and, subject to
said limit for one person, to a limit of not less than
forty fifty
thousand dollars because of bodily injury to or death of two or
more persons in one accident, and, if the accident has resulted in
injury to, or destruction of property, to a limit of not less than
fifteen twenty-five thousand dollars because of injury to or
destruction of property of others in any one accident.
(B) A policy or bond does not comply with divisions (A) (5),
(A) (6), and (A) (7) of section 4509.19 of the Revised Code with
respect to any motor vehicle which was not registered in this
state or was a motor vehicle which was registered elsewhere than
in this state at the effective date of the policy or bond or the
most recent renewal thereof, unless the insurance company or
surety company issuing such policy or bond is authorized to do
business in this state, or if said company is not authorized to do
business in this state unless it executes a power of attorney
authorizing the registrar of motor vehicles to accept service on
its behalf of notice or process in any action upon such policy or
bond arising out of such accident.
The registrar may rely upon the accuracy of the information
in the required report of a motor vehicle accident as to the
existence of insurance or a bond unless the registrar has reason
to believe that the information is erroneous.
Sec. 4509.41. (A) Judgments are satisfied for the purpose of
sections 4509.01 to 4509.78 of the Revised Code, in each of the
following cases:
(1) When twenty twenty-five thousand dollars has been
credited upon any judgments in excess of that amount because of
bodily injury to or death of one person as a result of any one
accident;
(2) When the sum of forty fifty thousand dollars has been
credited upon any judgments in excess of that amount because of
bodily injury to or death of two or more persons as the result of
any one accident;
(3) When fifteen twenty-five thousand dollars has been
credited upon any judgments rendered in excess of that amount
because of injury to property of others as a result of any one
accident.
(B) Payments made in settlements of any claims because of
bodily injury, death, or property damage arising from such
accident shall be credited in reduction of the amounts provided
for in this section.
Sec. 4509.51. Subject to the terms and conditions of an
owner's policy, every owner's policy of liability insurance:
(A) Shall designate by explicit description or by appropriate
reference all motor vehicles with respect to which coverage is
thereby granted;
(B) Shall insure the person named therein and any other
person, as insured, using any such motor vehicles with the express
or implied permission of the insured, against loss from the
liability imposed by law for damages arising out of the ownership,
maintenance, or use of such vehicles within the United States or
Canada, subject to monetary limits exclusive of interest and
costs, with respect to each such motor vehicle, as follows:
(1) Twenty Twenty-five thousand dollars because of bodily
injury to or death of one person in any one accident;
(2) Forty Fifty thousand dollars because of bodily injury to
or death of two or more persons in any one accident;
(3) Fifteen Twenty-five thousand dollars because of injury to
property of others in any one accident.
Section 5. That existing sections 4509.01, 4509.20, 4509.41,
and 4509.51 of the Revised Code are hereby repealed.
Section 6. Sections 4 and 5 of this act shall take effect
two years after the effective date of this act.
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