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Sub. H. B. No. 337 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 337)
AN ACT
To amend sections 2935.36, 2951.041, 4506.01,
4506.05, 4506.07, 4506.09, 4506.10, 4506.101,
4506.12, 4506.13, 4506.14, 4506.15, 4506.16,
4506.161, 4506.17, 4506.21, 4510.03, 4510.036,
4513.37, 5101.35, 5101.351, 5107.12, 5107.14, and
5577.05 and to enact section 4506.131 of the
Revised Code to make changes in the law governing
commercial drivers' licenses, including hazardous
material endorsements, medical certification
requirements, disqualifications, conviction
records, and establishing texting while driving as
a serious traffic violation, to exclude certain
components from the prohibited length dimensions
of specified types of vehicles, to revise the law
governing self-sufficiency contracts established
under the Ohio Works First program, to eliminate
requirements that the Department of Job and Family
Services employ, contract with, or designate only
attorneys to make decisions in appeals regarding
family services programs, to temporarily extend
the look-back period from two years to three years
for determining whether a state "on" indicator
exists based on the total unemployment rate for
purposes of state extended unemployment benefits,
and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2935.36, 2951.041, 4506.01,
4506.05, 4506.07, 4506.09, 4506.10, 4506.101, 4506.12, 4506.13,
4506.14, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21, 4510.03,
4510.036, 4513.37, 5101.35, 5101.351, 5107.12, 5107.14, and
5577.05 be amended and section 4506.131 of the Revised Code be
enacted to read as follows:
Sec. 2935.36. (A) The prosecuting attorney may establish
pre-trial diversion programs for adults who are accused of
committing criminal offenses and whom the prosecuting attorney
believes probably will not offend again. The prosecuting attorney
may require, as a condition of an accused's participation in the
program, the accused to pay a reasonable fee for supervision
services that include, but are not limited to, monitoring and drug
testing. The programs shall be operated pursuant to written
standards approved by journal entry by the presiding judge or, in
courts with only one judge, the judge of the court of common pleas
and shall not be applicable to any of the following:
(1) Repeat offenders or dangerous offenders;
(2) Persons accused of an offense of violence, of a violation
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a
violation of section 2905.01, 2905.02, or 2919.23 of the Revised
Code that, had it occurred prior to July 1, 1996, would have been
a violation of section 2905.04 of the Revised Code as it existed
prior to that date, with the exception that the prosecuting
attorney may permit persons accused of any such offense to enter a
pre-trial diversion program, if the prosecuting attorney finds any
of the following:
(a) The accused did not cause, threaten, or intend serious
physical harm to any person;
(b) The offense was the result of circumstances not likely to
recur;
(c) The accused has no history of prior delinquency or
criminal activity;
(d) The accused has led a law-abiding life for a substantial
time before commission of the alleged offense;
(e) Substantial grounds tending to excuse or justify the
alleged offense.
(3) Persons accused of a violation of Chapter 2925. or 3719.
of the Revised Code;
(4) Persons accused of a violation of section 4511.19 of the
Revised Code or a violation of any substantially similar municipal
ordinance;
(5)(a) Persons who are accused of an offense while operating
a commercial motor vehicle or persons who hold a commercial
driver's license and are accused of any offense, if conviction of
the offense would disqualify the person from operating a
commercial motor vehicle under Chapter 4506. of the Revised Code
or would subject the person to any other sanction under that
chapter;
(b) As used in division (A)(5) of this section, "commercial
driver's license" and "commercial motor vehicle" have the same
meanings as in section 4506.01 of the Revised Code.
(B) An accused who enters a diversion program shall do all of
the following:
(1) Waive, in writing and contingent upon the accused's
successful completion of the program, the accused's right to a
speedy trial, the preliminary hearing, the time period within
which the grand jury may consider an indictment against the
accused, and arraignment, unless the hearing, indictment, or
arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program of
all periods of limitation established by statutes or rules of
court, that are applicable to the offense with which the accused
is charged and to the conditions of the diversion program
established by the prosecuting attorney;
(3) Agree, in writing, to pay any reasonable fee for
supervision services established by the prosecuting attorney.
(C) The trial court, upon the application of the prosecuting
attorney, shall order the release from confinement of any accused
who has agreed to enter a pre-trial diversion program and shall
discharge and release any existing bail and release any sureties
on recognizances and shall release the accused on a recognizance
bond conditioned upon the accused's compliance with the terms of
the diversion program. The prosecuting attorney shall notify every
victim of the crime and the arresting officers of the prosecuting
attorney's intent to permit the accused to enter a pre-trial
diversion program. The victim of the crime and the arresting
officers shall have the opportunity to file written objections
with the prosecuting attorney prior to the commencement of the
pre-trial diversion program.
(D) If the accused satisfactorily completes the diversion
program, the prosecuting attorney shall recommend to the trial
court that the charges against the accused be dismissed, and the
court, upon the recommendation of the prosecuting attorney, shall
dismiss the charges. If the accused chooses not to enter the
prosecuting attorney's diversion program, or if the accused
violates the conditions of the agreement pursuant to which the
accused has been released, the accused may be brought to trial
upon the charges in the manner provided by law, and the waiver
executed pursuant to division (B)(1) of this section shall be void
on the date the accused is removed from the program for the
violation.
(E) As used in this section:
(1) "Repeat offender" means a person who has a history of
persistent criminal activity and whose character and condition
reveal a substantial risk that the person will commit another
offense. It is prima-facie evidence that a person is a repeat
offender if any of the following applies:
(a) Having been convicted of one or more offenses of violence
and having been imprisoned pursuant to sentence for any such
offense, the person commits a subsequent offense of violence;
(b) Having been convicted of one or more sexually oriented
offenses or child-victim oriented offenses, both as defined in
section 2950.01 of the Revised Code, and having been imprisoned
pursuant to sentence for one or more of those offenses, the person
commits a subsequent sexually oriented offense or child-victim
oriented offense;
(c) Having been convicted of one or more theft offenses as
defined in section 2913.01 of the Revised Code and having been
imprisoned pursuant to sentence for one or more of those theft
offenses, the person commits a subsequent theft offense;
(d) Having been convicted of one or more felony drug abuse
offenses as defined in section 2925.01 of the Revised Code and
having been imprisoned pursuant to sentence for one or more of
those felony drug abuse offenses, the person commits a subsequent
felony drug abuse offense;
(e) Having been convicted of two or more felonies and having
been imprisoned pursuant to sentence for one or more felonies, the
person commits a subsequent offense;
(f) Having been convicted of three or more offenses of any
type or degree other than traffic offenses, alcoholic intoxication
offenses, or minor misdemeanors and having been imprisoned
pursuant to sentence for any such offense, the person commits a
subsequent offense.
(2) "Dangerous offender" means a person who has committed an
offense, whose history, character, and condition reveal a
substantial risk that the person will be a danger to others, and
whose conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to
the consequences.
Sec. 2951.041. (A)(1) If an offender is charged with a
criminal offense, including but not limited to a violation of
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of
the Revised Code, and the court has reason to believe that drug or
alcohol usage by the offender was a factor leading to the criminal
offense with which the offender is charged or that, at the time of
committing that offense, the offender had a mental illness or was
a person with intellectual disability and that the mental illness
or status as a person with intellectual disability was a factor
leading to the offender's criminal behavior, the court may accept,
prior to the entry of a guilty plea, the offender's request for
intervention in lieu of conviction. The request shall include a
statement from the offender as to whether the offender is alleging
that drug or alcohol usage by the offender was a factor leading to
the criminal offense with which the offender is charged or is
alleging that, at the time of committing that offense, the
offender had a mental illness or was a person with intellectual
disability and that the mental illness or status as a person with
intellectual disability was a factor leading to the criminal
offense with which the offender is charged. The request also shall
include a waiver of the defendant's right to a speedy trial, the
preliminary hearing, the time period within which the grand jury
may consider an indictment against the offender, and arraignment,
unless the hearing, indictment, or arraignment has already
occurred. The court may reject an offender's request without a
hearing. If the court elects to consider an offender's request,
the court shall conduct a hearing to determine whether the
offender is eligible under this section for intervention in lieu
of conviction and shall stay all criminal proceedings pending the
outcome of the hearing. If the court schedules a hearing, the
court shall order an assessment of the offender for the purpose of
determining the offender's eligibility for intervention in lieu of
conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court may order that the offender be
assessed by a program certified pursuant to section 3793.06 of the
Revised Code or a properly credentialed professional for the
purpose of determining the offender's eligibility for intervention
in lieu of conviction and recommending an appropriate intervention
plan. The program or the properly credentialed professional shall
provide a written assessment of the offender to the court.
(2) The victim notification provisions of division (C) of
section 2930.08 of the Revised Code apply in relation to any
hearing held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of
conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or
pleaded guilty to a felony offense of violence or previously has
been convicted of or pleaded guilty to any felony that is not an
offense of violence and the prosecuting attorney recommends that
the offender be found eligible for participation in intervention
in lieu of treatment under this section, previously has not been
through intervention in lieu of conviction under this section or
any similar regimen, and is charged with a felony for which the
court, upon conviction, would impose sentence under division
(B)(2)(3)(b) of section 2929.13 of the Revised Code or with a
misdemeanor.
(2) The offense is not a felony of the first, second, or
third degree, is not an offense of violence, is not a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code, is
not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section
4511.19 of the Revised Code or a municipal ordinance that is
substantially similar to that division, and is not an offense for
which a sentencing court is required to impose a mandatory prison
term, a mandatory term of local incarceration, or a mandatory term
of imprisonment in a jail.
(3) The offender is not charged with a violation of section
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged
with a violation of section 2925.03 of the Revised Code that is a
felony of the first, second, third, or fourth degree, and is not
charged with a violation of section 2925.11 of the Revised Code
that is a felony of the first, second, or third degree.
(4) If an offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court has ordered that the offender
be assessed by a program certified pursuant to section 3793.06 of
the Revised Code or a properly credentialed professional for the
purpose of determining the offender's eligibility for intervention
in lieu of conviction and recommending an appropriate intervention
plan, the offender has been assessed by a program of that nature
or a properly credentialed professional in accordance with the
court's order, and the program or properly credentialed
professional has filed the written assessment of the offender with
the court.
(5) If an offender alleges that, at the time of committing
the criminal offense with which the offender is charged, the
offender had a mental illness or was a person with intellectual
disability and that the mental illness or status as a person with
intellectual disability was a factor leading to that offense, the
offender has been assessed by a psychiatrist, psychologist,
independent social worker, or professional clinical counselor for
the purpose of determining the offender's eligibility for
intervention in lieu of conviction and recommending an appropriate
intervention plan.
(6) The offender's drug usage, alcohol usage, mental illness,
or intellectual disability, whichever is applicable, was a factor
leading to the criminal offense with which the offender is
charged, intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five
years of age or older, permanently and totally disabled, under
thirteen years of age, or a peace officer engaged in the officer's
official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section
2925.24 of the Revised Code, the alleged violation did not result
in physical harm to any person, and the offender previously has
not been treated for drug abuse.
(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section.
(10) The offender is not charged with an offense that would
result in the offender being disqualified under Chapter 4506. of
the Revised Code from operating a commercial motor vehicle or
would subject the offender to any other sanction under that
chapter.
(C) At the conclusion of a hearing held pursuant to division
(A) of this section, the court shall enter its determination as to
whether the offender is eligible for intervention in lieu of
conviction and as to whether to grant the offender's request. If
the court finds under division (B) of this section that the
offender is eligible for intervention in lieu of conviction and
grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary hearing, the time period within
which the grand jury may consider an indictment against the
offender, and arraignment, unless the hearing, indictment, or
arraignment has already occurred. In addition, the court then may
stay all criminal proceedings and order the offender to comply
with all terms and conditions imposed by the court pursuant to
division (D) of this section. If the court finds that the offender
is not eligible or does not grant the offender's request, the
criminal proceedings against the offender shall proceed as if the
offender's request for intervention in lieu of conviction had not
been made.
(D) If the court grants an offender's request for
intervention in lieu of conviction, the court shall place the
offender under the general control and supervision of the county
probation department, the adult parole authority, or another
appropriate local probation or court services agency, if one
exists, as if the offender was subject to a community control
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the
Revised Code. The court shall establish an intervention plan for
the offender. The terms and conditions of the intervention plan
shall require the offender, for at least one year from the date on
which the court grants the order of intervention in lieu of
conviction, to abstain from the use of illegal drugs and alcohol,
to participate in treatment and recovery support services, and to
submit to regular random testing for drug and alcohol use and may
include any other treatment terms and conditions, or terms and
conditions similar to community control sanctions, which may
include community service or restitution, that are ordered by the
court.
(E) If the court grants an offender's request for
intervention in lieu of conviction and the court finds that the
offender has successfully completed the intervention plan for the
offender, including the requirement that the offender abstain from
using illegal drugs and alcohol for a period of at least one year
from the date on which the court granted the order of intervention
in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all
other terms and conditions ordered by the court, the court shall
dismiss the proceedings against the offender. Successful
completion of the intervention plan and period of abstinence under
this section shall be without adjudication of guilt and is not a
criminal conviction for purposes of any disqualification or
disability imposed by law and upon conviction of a crime, and the
court may order the sealing of records related to the offense in
question in the manner provided in sections 2953.31 to 2953.36 of
the Revised Code.
(F) If the court grants an offender's request for
intervention in lieu of conviction and the offender fails to
comply with any term or condition imposed as part of the
intervention plan for the offender, the supervising authority for
the offender promptly shall advise the court of this failure, and
the court shall hold a hearing to determine whether the offender
failed to comply with any term or condition imposed as part of the
plan. If the court determines that the offender has failed to
comply with any of those terms and conditions, it shall enter a
finding of guilty and shall impose an appropriate sanction under
Chapter 2929. of the Revised Code. If the court sentences the
offender to a prison term, the court, after consulting with the
department of rehabilitation and correction regarding the
availability of services, may order continued court-supervised
activity and treatment of the offender during the prison term and,
upon consideration of reports received from the department
concerning the offender's progress in the program of activity and
treatment, may consider judicial release under section 2929.20 of
the Revised Code.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.
(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(4) "Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.
(5) "Person with intellectual disability" means a person
having significantly subaverage general intellectual functioning
existing concurrently with deficiencies in adaptive behavior,
manifested during the developmental period.
(6) "Psychologist" has the same meaning as in section 4732.01
of the Revised Code.
(H) Whenever the term "mentally retarded person" is used in
any statute, rule, contract, grant, or other document, the
reference shall be deemed to include a "person with intellectual
disability," as defined in this section.
Sec. 4506.01. As used in this chapter:
(A) "Alcohol concentration" means the concentration of
alcohol in a person's blood, breath, or urine. When expressed as a
percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of whole blood, blood serum, or
blood plasma;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(B) "Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to
drive a commercial motor vehicle.
(C) "Commercial driver driver's license information system"
means the information system established pursuant to the
requirements of the "Commercial Motor Vehicle Safety Act of 1986,"
100 Stat. 3207-171, 49 U.S.C.A. App. 2701.
(D) Except when used in section 4506.25 of the Revised Code,
"commercial motor vehicle" means any motor vehicle designed or
used to transport persons or property that meets any of the
following qualifications:
(1) Any combination of vehicles with a combined gross vehicle
weight rating of twenty-six thousand one pounds or more, provided
the gross vehicle weight rating of the vehicle or vehicles being
towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight rating of
twenty-six thousand one pounds or more, or any such vehicle towing
a vehicle having a gross vehicle weight rating that is not in
excess of ten thousand pounds;
(3) Any single vehicle or combination of vehicles that is not
a class A or class B vehicle, but is designed to transport sixteen
or more passengers including the driver;
(4) Any school bus with a gross vehicle weight rating of less
than twenty-six thousand one pounds that is designed to transport
fewer than sixteen passengers including the driver;
(5) Is transporting hazardous materials for which placarding
is required under subpart F of 49 C.F.R. part 172, as amended;
(6) Any single vehicle or combination of vehicles that is
designed to be operated and to travel on a public street or
highway and is considered by the federal motor carrier safety
administration to be a commercial motor vehicle, including, but
not limited to, a motorized crane, a vehicle whose function is to
pump cement, a rig for drilling wells, and a portable crane.
(E) "Controlled substance" means all of the following:
(1) Any substance classified as a controlled substance under
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.
802(6), as amended;
(2) Any substance included in schedules I through V of 21
C.F.R. part 1308, as amended;
(3) Any drug of abuse.
(F) "Conviction" means an unvacated adjudication of guilt or
a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the
payment of a fine or court cost, or violation of a condition of
release without bail, regardless of whether or not the penalty is
rebated, suspended, or probated.
(G) "Disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a person's
privileges to operate a commercial motor vehicle;
(2) Any withdrawal of a person's privileges to operate a
commercial motor vehicle as the result of a violation of state or
local law relating to motor vehicle traffic control other than
parking, vehicle weight, or vehicle defect violations;
(3) A determination by the federal motor carrier safety
administration that a person is not qualified to operate a
commercial motor vehicle under 49 C.F.R. 391.
(H) "Downgrade" means any of the following, as applicable:
(1) A change in the commercial driver's license holder's
self-certified status as described in division (A)(2) of section
4506.10 of the Revised Code;
(2) A change to a lesser class of vehicle;
(3) Removal of commercial driver's license privileges from
the individual's driver's license.
(I) "Drive" means to drive, operate, or be in physical
control of a motor vehicle.
(I)(J) "Driver" means any person who drives, operates, or is
in physical control of a commercial motor vehicle or is required
to have a commercial driver's license.
(J)(K) "Driver's license" means a license issued by the
bureau of motor vehicles that authorizes an individual to drive.
(K)(L) "Drug of abuse" means any controlled substance,
dangerous drug as defined in section 4729.01 of the Revised Code,
or over-the-counter medication that, when taken in quantities
exceeding the recommended dosage, can result in impairment of
judgment or reflexes.
(L)(M) "Electronic device" includes a cellular telephone, a
personal digital assistant, a pager, a computer, and any other
device used to input, write, send, receive, or read text.
(N) "Eligible unit of local government" means a village,
township, or county that has a population of not more than three
thousand persons according to the most recent federal census.
(M)(O) "Employer" means any person, including the federal
government, any state, and a political subdivision of any state,
that owns or leases a commercial motor vehicle or assigns a person
to drive such a motor vehicle.
(N)(P) "Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person
to operate a specified type of commercial motor vehicle.
(O)(Q) "Farm truck" means a truck controlled and operated by
a farmer for use in the transportation to or from a farm, for a
distance of not more than one hundred fifty miles, 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, from a distance of not more than one
hundred fifty miles, 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, when the truck is operated in accordance with this
division and is not used in the operations of a motor
transportation company or private motor carrier.
(P)(R) "Fatality" means the death of a person as the result
of a motor vehicle accident occurring not more than three hundred
sixty-five days prior to the date of death.
(Q)(S) "Felony" means any offense under federal or state law
that is punishable by death or specifically classified as a felony
under the law of this state, regardless of the penalty that may be
imposed.
(R)(T) "Foreign jurisdiction" means any jurisdiction other
than a state.
(S)(U) "Gross vehicle weight rating" means the value
specified by the manufacturer as the maximum loaded weight of a
single or a combination vehicle. The gross vehicle weight rating
of a combination vehicle is the gross vehicle weight rating of the
power unit plus the gross vehicle weight rating of each towed
unit.
(T)(V) "Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. 5103 and is required to be
placarded under subpart F of 49 C.F.R. part 172 or any quantity of
a material listed as a select agent or toxin in 42 C.F.R. part 73,
as amended.
(U)(W) "Imminent hazard" means the existence of a condition
that presents a substantial likelihood that death, serious
illness, severe personal injury, or a substantial endangerment to
health, property, or the environment may occur before the
reasonably foreseeable completion date of a formal proceeding
begun to lessen the risk of that death, illness, injury, or
endangerment.
(V)(X) "Medical variance" means one of the following received
by a driver from the federal motor carrier safety administration
that allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;
(2) A skill performance evaluation certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(Y) "Motor vehicle" means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical power
used on highways, except that such term does not include a
vehicle, machine, tractor, trailer, or semitrailer operated
exclusively on a rail.
(W)(Z) "Out-of-service order" means a declaration by an
authorized enforcement officer of a federal, state, local,
Canadian, or Mexican jurisdiction declaring that a driver,
commercial motor vehicle, or commercial motor carrier operation is
out of service as defined in 49 C.F.R. 390.5.
(X)(AA) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(Y)(BB) "Portable tank" means a liquid or gaseous packaging
designed primarily to be loaded onto or temporarily attached to a
vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means.
(Z)(CC) "Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.
(AA)(DD) "Recreational vehicle" includes every vehicle that
is defined as a recreational vehicle in section 4501.01 of the
Revised Code and is used exclusively for purposes other than
engaging in business for profit.
(BB)(EE) "Residence" means any person's residence determined
in accordance with standards prescribed in rules adopted by the
registrar.
(CC)(FF) "School bus" has the same meaning as in section
4511.01 of the Revised Code.
(DD)(GG) "Serious traffic violation" means a any of the
following:
(1) A conviction arising from a single charge of operating a
commercial motor vehicle in violation of any provision of section
4506.03 of the Revised Code or a;
(2) A violation while operating a commercial motor vehicle of
a law of this state, or any municipal ordinance or county or
township resolution prohibiting texting while driving, or any
other substantially similar law of another state or political
subdivision of another state;
(3) A conviction arising from the operation of any motor
vehicle that involves any of the following:
(1)(a) A single charge of any speed in excess of the posted
speed limit by fifteen miles per hour or more;
(2)(b) Violation of section 4511.20 or 4511.201 of the
Revised Code or any similar ordinance or resolution, or of any
similar law of another state or political subdivision of another
state;
(3)(c) Violation of a law of this state or an ordinance or
resolution relating to traffic control, other than a parking
violation, or of any similar law of another state or political
subdivision of another state, that results in a fatal accident;
(4)(d) Violation of section 4506.03 of the Revised Code or a
substantially similar municipal ordinance or county or township
resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a
commercial motor vehicle without a valid commercial driver's
license with the proper class or endorsement for the specific
vehicle group being operated or for the passengers or type of
cargo being transported;
(5)(e) Violation of section 4506.03 of the Revised Code or a
substantially similar municipal ordinance or county or township
resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a
commercial motor vehicle without a valid commercial driver's
license being in the person's possession;
(6)(f) Violation of section 4511.33 or 4511.34 of the Revised
Code, or any municipal ordinance or county or township resolution
substantially similar to either of those sections, or any
substantially similar law of another state or political
subdivision of another state;
(7)(g) Violation of any other law of this state or an
ordinance or resolution relating to traffic control, other than a
parking violation, that is determined to be a serious traffic
violation by the United States secretary of transportation and the
director designates as such by rule.
(EE)(HH) "State" means a state of the United States and
includes the District of Columbia.
(FF)(II) "Tank vehicle" means any commercial motor vehicle
that is designed to transport any liquid and has a maximum
capacity greater than one hundred nineteen gallons or is designed
to transport gaseous materials and has a water capacity greater
than one thousand pounds within a tank that is either permanently
or temporarily attached to the vehicle or its chassis. "Tank
vehicle" does not include any of the following:
(1) Any portable tank having a rated capacity of less than
one thousand gallons;
(2) Tanks used exclusively as a fuel tank for the motor
vehicle to which it is attached;
(3) An empty storage container tank that is not designed for
transportation and that is readily distinguishable from a
transportation tank;
(4) Ready-mix concrete mixers.
(GG)(JJ) "Tester" means a person or entity acting pursuant to
a valid agreement entered into pursuant to division (B) of section
4506.09 of the Revised Code.
(HH)(KK) "Texting" means manually entering alphanumeric text
into, or reading text from, an electronic device. Texting includes
short message service, e-mail, instant messaging, a command or
request to access a world wide web page, or engaging in any other
form of electronic text retrieval or entry, for present or future
communication. Texting does not include the following:
(1) Reading, selecting, or entering a telephone number, an
extension number, or voicemail retrieval codes and commands into
an electronic device for the purpose of initiating or receiving a
telephone call or using voice commands to initiate or receive a
telephone call;
(2) Inputting, selecting, or reading information on a global
positioning system or navigation system.
(LL) "Texting while driving" means texting while operating a
commercial motor vehicle, with the motor running, including while
temporarily stationary because of traffic, a traffic control
device, or other momentary delays, but does not include operating
a commercial motor vehicle with or without the motor running when
the driver has moved the vehicle to the side of, or off, a highway
and is stopped in a location where the vehicle can safely remain
stationary.
(MM) "United States" means the fifty states and the District
of Columbia.
(II)(NN) "Upgrade" means a change in the class of vehicles,
endorsements, or self-certified status as described in division
(A)(2) of section 4506.10 of the Revised Code, that expands the
ability of a current commercial driver's license holder to operate
commercial motor vehicles under this chapter;
(OO) "Vehicle" has the same meaning as in section 4511.01 of
the Revised Code.
Sec. 4506.05. (A) Notwithstanding any other provision of
law, a person may drive a commercial motor vehicle on a highway in
this state if all of the following conditions are met:
(1) The person has a valid commercial driver's license or
commercial driver's license temporary instruction permit issued by
any state or jurisdiction in accordance with the minimum standards
adopted by the federal motor carrier safety administration under
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. for issuance of commercial drivers'
driver's licenses;
(2) The person's commercial driver's license or permit is not
suspended, revoked, or canceled;
(3) The person is not disqualified from driving a commercial
motor vehicle;
(4) The person is not subject to an out-of-service order;
(5) The person is medically certified as physically qualified
to operate a commercial motor vehicle in accordance with this
chapter and is able to verify the medical certification when on
duty as follows:
(a) Prior to January 30, 2012, the person shall have in the
person's possession the original or copy of the person's current
medical examiner's certificate when on duty.
(b) On or after January 30, 2012:
(i) A person who submitted a medical examiner's certificate
to the registrar in accordance with division (A)(2) of section
4506.10 of the Revised Code and whose medical certification
information is maintained in the commercial driver's license
information system is not required to have the medical examiner's
certificate in the person's possession when on duty.
(ii) A person whose medical certification information is not
maintained in the commercial driver's license information system
is required to have in the person's possession when on duty the
original or copy of a current medical examiner's certificate that
was issued prior to January 30, 2012, except that after January
30, 2014, such person is required to have in the person's
possession when on duty, the original or a copy of the current
medical examiner's certificate that was submitted to the
registrar, but the person may operate a commercial motor vehicle
with such proof of medical certification for not more than fifteen
days after the date the current medical examiner's certificate was
issued to the person.
(iii) A person who has a medical variance shall have in the
person's possession the original or copy of the medical variance
documentation at all times while on duty.
(B) Whoever violates this section is guilty of a misdemeanor
of the first degree.
Sec. 4506.07. (A) Every application for a commercial
driver's license, restricted commercial driver's license, or a
commercial driver's temporary instruction permit, or a duplicate
of such a license, shall be made upon a form approved and
furnished by the registrar of motor vehicles. Except as provided
in section 4506.24 of the Revised Code in regard to a restricted
commercial driver's license, the application shall be signed by
the applicant and shall contain the following information:
(1) The applicant's name, date of birth, social security
account number, sex, general description including height, weight,
and color of hair and eyes, current residence, duration of
residence in this state, country of citizenship, and occupation;
(2) Whether the applicant previously has been licensed to
operate a commercial motor vehicle or any other type of motor
vehicle in another state or a foreign jurisdiction and, if so,
when, by what state, and whether the license or driving privileges
currently are suspended or revoked in any jurisdiction, or the
applicant otherwise has been disqualified from operating a
commercial motor vehicle, or is subject to an out-of-service order
issued under this chapter or any similar law of another state or a
foreign jurisdiction and, if so, the date of, locations involved,
and reason for the suspension, revocation, disqualification, or
out-of-service order;
(3) Whether the applicant is afflicted with or suffering from
any physical or mental disability or disease that prevents the
applicant from exercising reasonable and ordinary control over a
motor vehicle while operating it upon a highway or is or has been
subject to any condition resulting in episodic impairment of
consciousness or loss of muscular control and, if so, the nature
and extent of the disability, disease, or condition, and the names
and addresses of the physicians attending the applicant;
(4) Whether the applicant has obtained a medical examiner's
certificate as required by this chapter and, beginning January 30,
2012, the applicant, prior to or at the time of applying, has
self-certified to the registrar the applicable status of the
applicant under division (A)(2) of section 4506.10 of the Revised
Code;
(5) Whether the applicant has pending a citation for
violation of any motor vehicle law or ordinance except a parking
violation and, if so, a description of the citation, the court
having jurisdiction of the offense, and the date when the offense
occurred;
(6) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.05 of the Revised Code,
which shall be given no consideration in the issuance of a
license;
(7) On and after May 1, 1993, whether the applicant has
executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has
executed a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment pursuant
to sections 2133.01 to 2133.15 of the Revised Code and, if the
applicant has executed either type of instrument, whether the
applicant wishes the license issued to indicate that the applicant
has executed the instrument;
(8) On and after October 7, 2009, whether the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States and, if the applicant is such, whether the applicant
wishes the license issued to indicate that the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States by a military designation on the license.
(B) Every applicant shall certify, on a form approved and
furnished by the registrar, all of the following:
(1) That the motor vehicle in which the applicant intends to
take the driving skills test is representative of the type of
motor vehicle that the applicant expects to operate as a driver;
(2) That the applicant is not subject to any disqualification
or out-of-service order, or license suspension, revocation, or
cancellation, under the laws of this state, of another state, or
of a foreign jurisdiction and does not have more than one driver's
license issued by this or another state or a foreign jurisdiction;
(3) Any additional information, certification, or evidence
that the registrar requires by rule in order to ensure that the
issuance of a commercial driver's license to the applicant is in
compliance with the law of this state and with federal law.
(C) Every applicant shall execute a form, approved and
furnished by the registrar, under which the applicant consents to
the release by the registrar of information from the applicant's
driving record.
(D) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an elector
any applicant for a commercial driver's license or for a renewal
or duplicate of such a license under this chapter, if the
applicant is eligible and wishes to be registered as an elector.
The decision of an applicant whether to register as an elector
shall be given no consideration in the decision of whether to
issue the applicant a license or a renewal or duplicate.
(E) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall offer the opportunity
of completing a notice of change of residence or change of name to
any applicant for a commercial driver's license or for a renewal
or duplicate of such a license who is a resident of this state, if
the applicant is a registered elector who has changed the
applicant's residence or name and has not filed such a notice.
(F) In considering any application submitted pursuant to this
section, the bureau of motor vehicles may conduct any inquiries
necessary to ensure that issuance or renewal of a commercial
driver's license would not violate any provision of the Revised
Code or federal law.
(G) In addition to any other information it contains, on and
after October 7, 2009, the form approved and furnished by the
registrar of motor vehicles for an application for a commercial
driver's license, restricted commercial driver's license, or a
commercial driver's temporary instruction permit or an application
for a duplicate of such a license shall inform applicants that the
applicant must present a copy of the applicant's DD-214 or an
equivalent document in order to qualify to have the license or
duplicate indicate that the applicant is a veteran, active duty,
or reservist of the armed forces of the United States based on a
request made pursuant to division (A)(8) of this section.
Sec. 4506.09. (A) The registrar of motor vehicles, subject
to approval by the director of public safety, shall adopt rules
conforming with applicable standards adopted by the federal motor
carrier safety administration as regulations under Pub. L. No.
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to
31317. The rules shall establish requirements for the
qualification and testing of persons applying for a commercial
driver's license, which shall be in addition to other requirements
established by this chapter. Except as provided in division (B) of
this section, the highway patrol or any other employee of the
department of public safety the registrar authorizes shall
supervise and conduct the testing of persons applying for a
commercial driver's license.
(B) The director may adopt rules, in accordance with Chapter
119. of the Revised Code and applicable requirements of the
federal motor carrier safety administration, authorizing the
skills test specified in this section to be administered by any
person, by an agency of this or another state, or by an agency,
department, or instrumentality of local government. Each party
authorized under this division to administer the skills test may
charge a maximum divisible fee of eighty-five dollars for each
skills test given as part of a commercial driver's license
examination. The fee shall consist of not more than twenty dollars
for the pre-trip inspection portion of the test, not more than
twenty dollars for the off-road maneuvering portion of the test,
and not more than forty-five dollars for the on-road portion of
the test. Each such party may require an appointment fee in the
same manner provided in division (E)(F)(2) of this section, except
that the maximum amount such a party may require as an appointment
fee is eighty-five dollars. The skills test administered by
another party under this division shall be the same as otherwise
would be administered by this state. The other party shall enter
into an agreement with the director that, without limitation, does
all of the following:
(1) Allows the director or the director's representative and
the federal motor carrier safety administration or its
representative to conduct random examinations, inspections, and
audits of the other party without prior notice;
(2) Requires the director or the director's representative to
conduct on-site inspections of the other party at least annually;
(3) Requires that all examiners of the other party meet the
same qualification and training standards as examiners of the
department of public safety, to the extent necessary to conduct
skills tests in the manner required by 49 C.F.R. 383.110 through
383.135;
(4) Requires either that state employees take, at least
annually and as though the employees were test applicants, the
tests actually administered by the other party, that the director
test a sample of drivers who were examined by the other party to
compare the test results, or that state employees accompany a test
applicant during an actual test;
(5) Reserves to this state the right to take prompt and
appropriate remedial action against testers of the other party if
the other party fails to comply with standards of this state or
federal standards for the testing program or with any other terms
of the contract.
(C) The director shall enter into an agreement with the
department of education authorizing the skills test specified in
this section to be administered by the department at any location
operated by the department for purposes of training and testing
school bus drivers, provided that the agreement between the
director and the department complies with the requirements of
division (B) of this section. Skills tests administered by the
department shall be limited to persons applying for a commercial
driver's license with a school bus endorsement.
(D) The director shall adopt rules, in accordance with
Chapter 119. of the Revised Code, authorizing waiver of the skills
test specified in this section for any applicant for a commercial
driver's license who meets all of the following requirements:
(1) Certifies that, during the two-year period immediately
preceding application for a commercial driver's license, all of
the following apply:
(a) The applicant has not had more than one license.
(b) The applicant has not had any license suspended, revoked,
or canceled.
(c) The applicant has not had any convictions for any type of
motor vehicle for the offenses for which disqualification is
prescribed in section 4506.16 of the Revised Code.
(d) The applicant has not had any violation of a state or
local law relating to motor vehicle traffic control other than a
parking violation arising in connection with any traffic accident
and has no record of an accident in which the applicant was at
fault.
(e) The applicant has previously taken and passed a skills
test given by a state with a classified licensing and testing
system in which the test was behind-the-wheel in a representative
vehicle for the applicant's commercial driver's license
classification.
(2) Certifies and also provides evidence that the applicant
is regularly employed in a job requiring operation of a commercial
motor vehicle and that one of the following applies:
(a) The applicant has previously taken and passed a skills
test given by a state with a classified licensing and testing
system in which the test was behind-the-wheel in a representative
vehicle for the applicant's commercial driver's license
classification.
(b) The applicant has regularly operated, for at least two
years immediately preceding application for a commercial driver's
license, a vehicle representative of the commercial motor vehicle
the applicant operates or expects to operate.
(E) The director shall adopt rules, in accordance with
Chapter 119. of the Revised Code, authorizing waiver of the skills
test specified in this section for any applicant for a commercial
driver's license who meets all of the following requirements:
(1) At the time of applying, is a member or uniformed
employee of the armed forces of the United States or their reserve
components, including the Ohio national guard, or separated from
such service or employment within the preceding ninety days;
(2) Certifies that, during the two-year period immediately
preceding application for a commercial driver's license, all of
the following apply:
(a) The applicant has not had more than one license,
excluding any military license.
(b) The applicant has not had any license suspended, revoked,
or canceled.
(c) The applicant has not had any convictions for any type of
motor vehicle for the offenses for which disqualification is
prescribed in section 4506.16 of the Revised Code.
(d) The applicant has not had more than one conviction for
any type of motor vehicle for a serious traffic violation.
(e) The applicant has not had any violation of a state or
local law relating to motor vehicle traffic control other than a
parking violation arising in connection with any traffic accident
and has no record of an accident in which the applicant was at
fault.
(3) In accordance with rules adopted by the director,
certifies and also provides evidence of all of the following:
(a) That the applicant is regularly employed or was regularly
employed within the preceding ninety days in a military position
requiring operation of a commercial motor vehicle;
(b) That the applicant was exempt from the requirements of
this chapter under division (B)(6) of section 4506.03 of the
Revised Code;
(c) That, for at least two years immediately preceding the
date of application or at least two years immediately preceding
the date the applicant separated from military service or
employment, the applicant regularly operated a vehicle
representative of the commercial motor vehicle type that the
applicant operates or expects to operate.
(F)(1) The department of public safety may charge and collect
a divisible fee of fifty dollars for each skills test given as
part of a commercial driver's license examination. The fee shall
consist of ten dollars for the pre-trip inspection portion of the
test, ten dollars for the off-road maneuvering portion of the
test, and thirty dollars for the on-road portion of the test.
(2) The director may require an applicant for a commercial
driver's license who schedules an appointment with the highway
patrol or other authorized employee of the department of public
safety to take all portions of the skills test, to pay an
appointment fee of fifty dollars at the time of scheduling the
appointment. If the applicant appears at the time and location
specified for the appointment and takes all portions of the skills
test during that appointment, the appointment fee shall serve as
the skills test fee. If the applicant schedules an appointment to
take all portions of the skills test and fails to appear at the
time and location specified for the appointment, no portion of the
appointment fee shall be refunded. If the applicant schedules an
appointment to take all portions of the skills test and appears at
the time and location specified for the appointment, but declines
or is unable to take all portions of the skills test, no portion
of the appointment fee shall be refunded. If the applicant cancels
a scheduled appointment forty-eight hours or more prior to the
time of the appointment time, the applicant shall not forfeit the
appointment fee.
An applicant for a commercial driver's license who schedules
an appointment to take one or more, but not all, portions of the
skills test shall be required to pay an appointment fee equal to
the costs of each test scheduled, as prescribed in division
(E)(F)(1) of this section, when scheduling such an appointment. If
the applicant appears at the time and location specified for the
appointment and takes all the portions of the skills test during
that appointment that the applicant was scheduled to take, the
appointment fee shall serve as the skills test fee. If the
applicant schedules an appointment to take one or more, but not
all, portions of the skills test and fails to appear at the time
and location specified for the appointment, no portion of the
appointment fee shall be refunded. If the applicant schedules an
appointment to take one or more, but not all, portions of the
skills test and appears at the time and location specified for the
appointment, but declines or is unable to take all portions of the
skills test that the applicant was scheduled to take, no portion
of the appointment fee shall be refunded. If the applicant cancels
a scheduled appointment forty-eight hours or more prior to the
time of the appointment time, the applicant shall not forfeit the
appointment fee.
(3) The department of public safety shall deposit all fees it
collects under division (E)(F) of this section in the state
highway safety fund.
(F)(G) As used in this section, "skills test" means a test of
an applicant's ability to drive the type of commercial motor
vehicle for which the applicant seeks a commercial driver's
license by having the applicant drive such a motor vehicle while
under the supervision of an authorized state driver's license
examiner or tester.
Sec. 4506.10. (A) No person who holds a valid commercial
driver's license shall drive a commercial motor vehicle unless the
person is physically qualified to do so. Each
(1) Prior to January 30, 2012, each person who drives or
expects to drive a commercial motor vehicle in interstate or
foreign commerce or is otherwise subject to 49 C.F.R. 391, et
seq., as amended, shall certify to the registrar of motor vehicles
at the time of application for a commercial driver's license that
the person is in compliance with these standards. Any person who
is not subject to 49 C.F.R. 391, et seq., as amended, also shall
certify at the time of application that the person is not subject
to these standards.
(2) Beginning on January 30, 2012, any person applying for a
commercial driver's license, renewing of a commercial driver's
license, or transferring a commercial driver's license from out of
state shall self-certify to the registrar for purposes of 49
C.F.R. 383.71, one of the following in regard to the applicant's
operation of a commercial motor vehicle, as applicable:
(a)(i) If the applicant operates or expects to operate a
commercial motor vehicle in interstate or foreign commerce and is
subject to and meets the requirements under 49 C.F.R. part 391,
the applicant shall self-certify that the applicant is
non-excepted interstate and shall provide the registrar with the
original or a copy of a medical examiner's certificate and each
subsequently issued medical examiner's certificate prepared by a
qualified medical examiner to maintain a medically certified
status on the applicant's commercial driver licensing system
driver record;
(ii) If the applicant operates or expects to operate a
commercial motor vehicle in interstate commerce, but engages in
transportation or operations excepted under 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3 from all or parts of the qualification
requirements of 49 C.F.R. part 391, the applicant shall
self-certify that the applicant is excepted interstate and is not
required to obtain a medical examiner's certificate;
(b)(i) If the applicant operates only in intrastate commerce
and is subject to state driver qualification requirements, the
applicant shall self-certify that the applicant is non-excepted
intrastate;
(ii) If the applicant operates only in intrastate commerce
and is excepted from all or parts of the state driver
qualification requirements, the applicant shall self-certify that
the applicant is excepted intrastate.
(3) Notwithstanding the expiration date on a person's
commercial driver's license, every commercial driver's license
holder shall provide the registrar with the certification required
by this section, on or after January 30, 2012, but prior to
January 30, 2014.
(B) A person is qualified to drive a school bus if the person
holds a valid commercial driver's license along with the proper
endorsements, and if the person has been certified as medically
qualified in accordance with rules adopted by the department of
education.
(C)(1) Except as provided in division (C)(2) of this section,
any medical examination required by this section shall be
performed only by one of the following:
(a) A person licensed under Chapter 4731. of the Revised Code
to practice medicine or surgery or osteopathic medicine and
surgery in this state, or licensed under any similar law of
another state;
(b) A physician assistant who is authorized by the
supervising physician to perform such a medical examination;
(c) A certified nurse practitioner, a clinical nurse
specialist, or a certified nurse-midwife;
(d) A doctor of chiropractic.
(2) Any part of an examination required by this section that
pertains to visual acuity, field of vision, and the ability to
recognize colors may be performed by a person licensed under
Chapter 4725. of the Revised Code to practice optometry in this
state, or licensed under any similar law of another state.
(3) Any written documentation of a physical examination
conducted pursuant to this section shall be completed by the
individual who performed the examination on a form that
substantially complies with the requirements of 49 C.F.R.
391.43(h).
(D) Whenever good cause appears, the registrar, upon issuing
a commercial driver's license under this chapter, may impose
restrictions suitable to the licensee's driving ability with
respect to the type of motor vehicle or special mechanical control
devices required on a motor vehicle that the licensee may operate,
or such other restrictions applicable to the licensee as the
registrar determines to be necessary.
The registrar may either issue a special restricted license
or may set forth upon the usual license form the restrictions
imposed.
The registrar, upon receiving satisfactory evidence of any
violation of the restrictions of the license, may impose a class D
license suspension of the license for the period of time specified
in division (B)(4) of section 4510.02 of the Revised Code.
The registrar, upon receiving satisfactory evidence that an
applicant or holder of a commercial driver's license has violated
division (A)(4) of section 4506.04 of the Revised Code and
knowingly given false information in any application or
certification required by section 4506.07 of the Revised Code,
shall cancel the commercial driver's license of the person or any
pending application from the person for a commercial driver's
license or class D driver's license for a period of at least sixty
days, during which time no application for a commercial driver's
license or class D driver's license shall be received from the
person.
(E) Whoever violates this section is guilty of a misdemeanor
of the first degree.
Sec. 4506.101. Notwithstanding any provision of the Revised
Code, the bureau of motor vehicles shall not issue or renew a
commercial driver's license if issuance or renewal of the license
would violate federal law. No person shall retain a commercial
driver's license if the retention of the license would violate
federal law.
Sec. 4506.12. (A) Commercial drivers' driver's licenses
shall be issued in the following classes and shall include any
endorsements and restrictions that are applicable. Subject to any
such endorsements and restrictions, the holder of a valid
commercial driver's license may drive all commercial motor
vehicles in the class for which that license is issued and all
lesser classes of vehicles, except that the holder shall not
operate a motorcycle unless the holder is licensed to do so under
Chapter 4507. of the Revised Code.
(B) The classes of commercial drivers' driver's licenses and
the commercial motor vehicles that they authorize the operation of
are as follows:
(1) Class A--any combination of vehicles with a combined
gross vehicle weight rating of twenty-six thousand one pounds or
more, if the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds.
(2) Class B--any single vehicle with a gross vehicle weight
rating of twenty-six thousand one pounds or more or any such
vehicle towing a vehicle having a gross vehicle weight rating that
is not in excess of ten thousand pounds.
(3) Class C--any single vehicle, or combination of vehicles,
that is not a class A or class B vehicle, but that is designed to
transport sixteen or more passengers, including the driver, or is
transporting hazardous materials in an amount requiring
placarding, or any school bus with a gross vehicle weight rating
of less than twenty-six thousand one pounds that is designed to
transport fewer than sixteen passengers including the driver.
(C) The following endorsements and restrictions apply to
commercial drivers' licenses:
(1) H--authorizes the driver to drive a vehicle transporting
hazardous materials in an amount requiring placarding;
(2) K--restricts the driver to only intrastate operation;
(3) L--restricts the driver to vehicles not equipped with air
brakes;
(4) T--authorizes the driver to drive a vehicle configured
with double or triple trailers that create more than one
articulation point for the combination;
(5) P--authorizes the driver to drive vehicles designed to
transport sixteen or more passengers, including the driver;
(6) P1--authorizes the driver to drive class A vehicles
designed for fewer than sixteen passengers, including the driver,
and all lesser classes of vehicles without restriction as to the
designed passenger capacity of the vehicle;
(7) P2--authorizes the driver to drive class A or B vehicles
designed for fewer than sixteen passengers, including the driver,
and all lesser classes of vehicles without restriction as to the
designed passenger capacity of the vehicle;
(8) P4--Restricts the driver to driving class C school buses
designed to transport fewer than sixteen passengers including the
driver.
(9) N--authorizes the driver to drive tank vehicles;
(10) S--authorizes the driver to drive school buses
transporting children;
(11) X--authorizes the driver to drive tank vehicles
transporting hazardous materials in a quantity requiring
placarding;
(12) W--restricts the driver to the operation of commercial
motor vehicles in accordance with a waiver for farm-related
service industries issued under section 4506.24 of the Revised
Code;
(13) V–-indicates the existence of a medical variance on the
driver's commercial driver's license information system driver
record.
(D) In addition to any endorsement that otherwise may apply,
a person who is engaged in the towing of a disabled or wrecked
motor vehicle shall hold a commercial driver's license bearing any
endorsement required to drive the towed vehicle except the driver
is not required to have either of the following:
(1) A passenger endorsement to tow an unoccupied passenger
vehicle;
(2) Any endorsement required for the wrecked or disabled
vehicle when the driver initially removes a vehicle from the site
of the emergency where the vehicle became wrecked or disabled to
the nearest appropriate repair, disposal, or storage facility, as
applicable.
(E) No person shall drive any commercial motor vehicle for
which an endorsement is required under this section unless the
proper endorsement appears on the person's commercial driver's
license.
(F) Whoever violates this section is guilty of a misdemeanor
of the first degree.
Sec. 4506.13. (A) The registrar of motor vehicles may
authorize the highway patrol or any other employee of the
department of public safety to issue an examiner's commercial
examinations passed form to an applicant who has passed the
required examinations. The examiner's commercial examinations
passed form shall be used, once it has been validated, to indicate
the examinations taken and passed by the commercial driver's
license applicant.
(B)(1) Before issuing, renewing, transferring, or upgrading a
commercial driver's license, the registrar of motor vehicles shall
obtain information about the applicant's driving record through
the commercial driver driver's license information system, the
applicant's state of licensure, and when available, and the
national driver register. If In addition, beginning January 30,
2012, before issuing, renewing, transferring, or upgrading a
commercial driver's license the registrar shall check the
applicant's driver record to ensure that an applicant who
self-certified under division (A)(2)(a)(i) of section 4506.10 of
the Revised Code that the applicant's operation of a commercial
motor vehicle is non-excepted interstate, is medically certified.
(2) The registrar shall not issue, renew, upgrade, or
transfer the applicant's commercial driver's license if any of the
following apply:
(a) The registrar obtains adverse information regarding the
applicant's driving record.
(b) There is no information regarding the driver's
self-certification type as required by division (A)(2) of section
4506.10 of the Revised Code.
(c) The applicant's medical status is not certified, when
required to be certified under division (A)(2)(a)(i) of section
4506.10 of the Revised Code.
(3) If the record check reveals information that the
applicant claims is outdated, contested, or invalid, the registrar
shall deny the application until the applicant can resolve the
conflict.
(C)(1) Within ten days after issuing a commercial driver's
license, the registrar shall notify the commercial driver driver's
license information system, when available, of that fact and shall
provide all information required to ensure identification of the
licensee. If the registrar is notified that driver has been issued
a medical variance, the registrar shall indicate the existence of
the medical variance on the commercial driver's license holder's
commercial driver's license information system driver record.
(2) Beginning on January 30, 2012, the registrar shall do all
of the following:
(a) For those driver's self-certifying under division
(A)(2)(a)(i) of section 4506.10 of the Revised Code as
non-excepted interstate, post the applicant's medical status as
certified or non-certified on the applicant's commercial driver's
license information system driver record upon receiving a valid
original or copy of the medical examiner's certificate;
(b) Post the driver's self-certification type as set forth in
division (A)(2) of section 4506.10 of the Revised Code;
(c) Post information from the medical examiner's certificate,
if applicable, on the commercial driver's license holder's
commercial driver's license information system driver record
within ten business days of issuing the commercial driver's
license;
(d) Retain the original or a copy of the commercial driver's
license holder's medical certificate for a minimum of three years
after the date the certificate was issued;
(3) The registrar shall post and maintain as part of the
commercial driver's license information system driver record all
convictions, disqualifications, and other licensing actions for
violations of any state or municipal ordinances related to motor
vehicle traffic control, other than parking violations for all
persons who hold a commercial driver's license or operate a motor
vehicle for which a commercial driver's license is required.
(4) Beginning January 30, 2014, the registrar shall post an
applicant's status of medically non-certified on the applicant's
commercial driver's license information system driver record and
shall downgrade the commercial driver's license holder's
commercial driver's license in accordance with division (D) of
this section if either of the following applies:
(a) The commercial driver's license holder fails to provide
the driver's self-certification type as required by division
(A)(2) of section 4506.10 of the Revised Code.
(b) The commercial driver's license holder self-certifying
under division (A)(2)(a)(i) of section 4506.10 of the Revised Code
as non-excepted interstate fails to provide the registrar with a
current medical examiner's certificate.
(5) The registrar shall mark the commercial driver's license
information system driver record as non-certified for any
commercial driver's license holder who has not self-certified
under division (A)(2) of section 4506.10 of the Revised Code by
January 30, 2014 and shall initiate the commercial driver's
license commercial driver's license downgrade procedures described
in division (D) of this section.
(6) Beginning on January 30, 2012, within ten days after a
commercial driver's license holder's medical certification status
expires or a medical variance expires or is rescinded, the
registrar shall update the person's medical certification status
to non-certified. Within ten calendar days after receiving
information from the federal motor carrier safety administration
regarding issuance or renewal of a medical variance for a driver,
the registrar shall update the driver's commercial driver's
license information system driver record to include the medical
variance information provided by the federal motor carrier safety
administration.
(D) If a driver's medical certification or medical variance
expires or the federal motor carrier safety administration
notifies the registrar that a medical variance was removed or
rescinded, the registrar shall do the following:
(1) Send notice to the commercial driver's license holder of
the holder's medically not certified status. The notice shall
inform the driver that the driver's commercial driver's license
privileges will be removed unless the driver resolves the medical
certification or medical variance defect by submitting a current
medical certificate or medical variance, as applicable, or
changing the driver's self-certification under division (A)(2) of
section 4506.10 of the Revised Code to driving only in excepted
interstate or excepted intrastate commerce within sixty days.
(2) Sixty days after the change to a medically not certified
status, if the commercial driver's license holder has not resolved
the medical certification or medical variance defect as described
in division (D)(1) of this section, the registrar shall change the
person's commercial driver's license status to reflect no
commercial driver's license privileges and shall send the person a
second notice informing the person that the commercial driver's
license privilege has been removed from the driver's license and
that, unless the driver resolves the medical certification or
medical variance defect by submitting a current medical
certificate or medical variance, as applicable, or changing the
driver's self-certification under division (A)(2) of section
4506.10 of the Revised Code to driving only in excepted interstate
or excepted intrastate commerce within one hundred eighty days,
the person's commercial driver's license will be downgraded to a
noncommercial driver's license class of license.
Sec. 4506.131. (A) The registrar of motor vehicles shall not
issue, renew, upgrade, or transfer a hazardous materials
endorsement for a commercial driver's license to any individual
authorizing that individual to operate a commercial motor vehicle
transporting a hazardous material in commerce unless the registrar
has received from the transportation security administration a
determination indicating that the individual does not pose a
security risk warranting denial of the endorsement.
(B)(1) Immediately upon receiving a determination from the
transportation security administration that an individual poses a
security risk warranting denial of a hazardous materials
endorsement, the registrar shall revoke any existing hazardous
materials endorsement and shall refuse to issue a hazardous
materials endorsement for the individual named as a security risk.
(2) Within fifteen days of receiving any determination from
the transportation security administration indicating the status
of an individual's security risk, the registrar shall notify the
commercial driver license information system of the results of the
security assessment.
(C) The registrar shall order any revocation under division
(B) of this section without a hearing. Any person adversely
affected by the order may request an administrative hearing before
the registrar. The scope of the hearing shall be limited to
whether the bureau of motor vehicles properly revoked the
hazardous material endorsement after receiving notification from
the transportation security administration and shall not include
consideration of whether the transportation security
administration acted properly in sending the notification.
Sec. 4506.14. (A) Commercial driver's licenses shall expire
as follows:
(1) Except as provided in division (A)(3) or (4) of this
section, each such license issued to replace an operator's or
chauffeur's license shall expire on the original expiration date
of the operator's or chauffeur's license and, upon renewal, shall
expire on the licensee's birthday in the fourth year after the
date of issuance.
(2) Except as provided in division (A)(3) or (4) of this
section, each such license issued as an original license to a
person whose residence is in this state shall expire on the
licensee's birthday in the fourth year after the date of issuance,
and each such license issued to a person whose temporary residence
is in this state shall expire in accordance with rules adopted by
the registrar of motor vehicles. A license issued to a person with
a temporary residence in this state is nonrenewable, but may be
replaced with a new license within ninety days prior to its
expiration upon the applicant's compliance with all applicable
requirements.
(3) The registrar or a deputy registrar may issue a license
that expires on a date earlier than the licensee's birthday in the
fourth year after the date of issuance if the licensee has
undergone a security threat assessment required by federal law to
obtain a hazardous materials endorsement and the assessment will
expire before that date.
(4) Each such license issued to replace the operator's or
chauffeur's license of a person who is less than twenty-one years
of age, and each such license issued as an original license to a
person who is less than twenty-one years of age, shall expire on
the licensee's twenty-first birthday.
(B) No commercial driver's license shall be issued for a
period longer than four years and one hundred eighty days. Except
as provided in section 4507.12 of the Revised Code, the registrar
may waive the examination of any person applying for the renewal
of a commercial driver's license issued under this chapter,
provided that the applicant presents either an unexpired
commercial driver's license or a commercial driver's license that
has expired not more than six months prior to the date of
application.
(C) Subject to the requirements of this chapter and except as
provided in division (A)(2) of this section in regard to a person
whose temporary residence is in this state, every commercial
driver's license shall be renewable one hundred eighty days before
its expiration upon payment of the fees required by section
4506.08 of the Revised Code. Each person applying for renewal or
transfer of a commercial driver's license shall complete the
application form prescribed by section 4506.07 of the Revised Code
and shall provide all certifications required. Beginning on
January 30, 2012, prior to applying for renewal of a commercial
driver's license, each applicant shall submit a new copy or
original medical examiner's certificate required by section
4506.10 of the Revised Code; if the person's medical status has
changed, the registrar shall take the appropriate action to
address the change in medical status. If the person wishes to
retain an endorsement authorizing the person to transport
hazardous materials, the person shall take and successfully
complete the written test for the endorsement and shall submit to
any background check required by federal law.
(D) Each person licensed as a driver under this chapter shall
notify the registrar of any change in the person's address within
ten days following that change. The notification shall be in
writing on a form provided by the registrar and shall include the
full name, date of birth, license number, county of residence,
social security number, and new address of the person.
(E) Whoever violates division (D) of this section is guilty
of a minor misdemeanor.
Sec. 4506.15. (A) No person who holds a commercial driver's
license or operates a motor vehicle for which a commercial
driver's license is required shall do any of the following:
(1) Drive a commercial motor vehicle while having a
measurable or detectable amount of alcohol or of a controlled
substance in the person's blood, breath, or urine;
(2) Drive a commercial motor vehicle while having an alcohol
concentration of four-hundredths of one per cent or more by whole
blood or breath;
(3) Drive a commercial motor vehicle while having an alcohol
concentration of forty-eight-thousandths of one per cent or more
by blood serum or blood plasma;
(4) Drive a commercial motor vehicle while having an alcohol
concentration of fifty-six-thousandths of one per cent or more by
urine;
(5) Drive a motor vehicle while under the influence of a
controlled substance;
(6) Drive a motor vehicle in violation of section 4511.19 of
the Revised Code or a municipal OVI ordinance as defined in
section 4511.181 of the Revised Code;
(7) Use a motor vehicle in the commission of a felony;
(7)(8) Refuse to submit to a test under section 4506.17 or
4511.191 of the Revised Code;
(8)(9) Operate a commercial motor vehicle while the person's
commercial driving privileges are revoked, suspended, canceled, or
disqualified;
(9)(10) Cause a fatality though through the negligent
operation of a commercial motor vehicle, including, but not
limited to, the offenses of aggravated vehicular homicide,
vehicular homicide, and vehicular manslaughter;
(10) Use a motor vehicle in the commission of a felony
involving the manufacture, distribution, or dispensing of a
controlled substance as defined in section 3719.01 of the Revised
Code or the possession with intent to manufacture, distribute, or
dispense a controlled substance (11) Fail to stop after an
accident in violation of sections 4549.02 to 4549.03 of the
Revised Code;
(11)(12) Drive a commercial motor vehicle in violation of any
provision of sections 4511.61 to 4511.63 of the Revised Code or
any federal or local law or ordinance pertaining to
railroad-highway grade crossings;
(12) Violate any prohibition described in divisions (A)(2) to
(11) of this section while transporting hazardous materials (13)
Use a motor vehicle in the commission of a felony involving the
manufacture, distribution, or dispensing of a controlled substance
as defined in section 3719.01 of the Revised Code or the
possession with intent to manufacture, distribute, or dispense a
controlled substance.
(B) Whoever violates this section is guilty of a misdemeanor
of the first degree.
Sec. 4506.16. (A) Any person who is found to have been
convicted of a violation of an out-of-service order shall be
disqualified by the registrar of motor vehicles as follows:
(1) If the person has not been convicted previously of a
violation of an out-of-service order, the period of
disqualification is ninety one hundred eighty days.
(2) If, during any ten-year period, the driver is convicted
of a second violation of an out-of-service order in an incident
separate from the incident that resulted in the first violation,
the period of disqualification is one year two years.
(3) If, during any ten-year period, the driver is convicted
of a third or subsequent violation of an out-of-service order in
an incident separate from the incidents that resulted in the
previous violations during that ten-year period, the period of
disqualification is three years.
(B)(1) A driver is disqualified for one hundred eighty days
if the driver is convicted of a first violation of an
out-of-service order while transporting hazardous materials
required to be placarded under the "Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as
amended, or while operating a motor vehicle designed to transport
sixteen or more passengers, including the driver.
(2) A driver is disqualified for a period of three years if,
during any ten-year period, the driver is convicted of a second or
subsequent violation, in an incident separate from the incident
that resulted in a previous violation during that ten-year period,
of an out-of-service order while transporting hazardous materials
required to be placarded under that act, or while operating a
motor vehicle designed to transport sixteen or more passengers,
including the driver.
(C) Whoever violates division (A)(1) of section 4506.15 of
the Revised Code or a similar law of another state or a foreign
jurisdiction, immediately shall be placed out-of-service for
twenty-four hours, in addition to any disqualification required by
this section and any other penalty imposed by the Revised Code.
(D) The registrar of motor vehicles shall disqualify any
holder of a commercial driver's license, or any operator of a
commercial motor vehicle for which a commercial driver's license
is required, from operating a commercial motor vehicle as follows:
(1) Upon a first conviction for a violation of any provision
of divisions (A)(2) to
(9)(12) of section 4506.15 of the Revised
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the
Revised Code, or a similar law of another state or a foreign
jurisdiction, or upon a first suspension imposed under section
4511.191 of the Revised Code or a similar law of another state or
foreign jurisdiction, one year;
(2) Upon a second conviction for a violation of any provision
of divisions (A)(2) to (9)(12) of section 4506.15 of the Revised
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the
Revised Code, or a similar law of another state or a foreign
jurisdiction, or upon a second suspension imposed under section
4511.191 of the Revised Code or a similar law of another state or
foreign jurisdiction, or any combination of such violations
arising from two or more separate incidents, the person shall be
disqualified for life or for any other period of time as
determined by the United States secretary of transportation and
designated by the director of public safety by rule;
(3) Upon a first conviction for a violation of division any
of the following violations while transporting hazardous
materials, three years:
(a) Divisions (A)(12)(2) to (12) of section 4506.15 of the
Revised Code or a;
(b) A similar law of another state or a foreign
jurisdiction, three years;.
(4) Upon conviction of a violation of division (A)(10)(13) of
section 4506.15 of the Revised Code or a similar law of another
state or a foreign jurisdiction, the person shall be disqualified
for life;
(5)(a) Upon conviction of two serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for sixty
days, which disqualification shall be imposed consecutively to any
other separate disqualification imposed under division (D)(5) or
(6) of this section;
(b) Upon conviction of three serious traffic violations
involving the operation of a commercial motor vehicle by the
person and arising from separate incidents occurring in a
three-year period, the person shall be disqualified for one
hundred twenty days, which disqualification shall be imposed
consecutively to any other separate disqualification imposed under
division (D)(5) or (6) of this section;
(6)(a) Upon conviction of two serious traffic violations
involving the operation of a vehicle other than a commercial motor
vehicle by the person and arising from separate incidents
occurring in a three-year period, the person shall be disqualified
for sixty days if the conviction results in the suspension,
cancellation, or revocation of the holder's commercial driver's
license or noncommercial motor vehicle driving privileges, which
disqualification shall be imposed consecutively to any other
separate disqualification imposed under division (D)(5) or (6) of
this section;
(6)(b) Upon conviction of three serious traffic violations
involving the operation of a vehicle other than a commercial motor
vehicle by the person and arising from separate incidents
occurring in a three-year period, the person shall be disqualified
for one hundred twenty days if the conviction results in the
suspension, cancellation, or revocation of the holder's commercial
driver's license or noncommercial motor vehicle driving
privileges, which disqualification shall be imposed consecutively
to any other separate disqualification imposed under division
(D)(5) or (6) of this section.
(7) Upon a first conviction involving the operation of a
commercial motor vehicle in violation of any provisions of
sections 4511.61 to 4511.63 of the Revised Code or a similar law
of another state or foreign jurisdiction, not less than sixty
days;
(8) Upon a second conviction involving the operation of a
commercial motor vehicle in violation of any provisions of
sections 4511.61 to 4511.63 of the Revised Code or a similar law
of another state or foreign jurisdiction within three years of the
first such conviction, not less than one hundred twenty days;
(9) Upon a third or subsequent conviction involving the
operation of a commercial motor vehicle in violation of any
provisions of sections 4511.61 to 4511.63 of the Revised Code or a
similar law of another state or foreign jurisdiction within three
years of the first such conviction, not less than one year;
(10) Upon receiving notification from the federal motor
carrier safety administration, the registrar immediately, prior to
any hearing, shall disqualify any commercial motor vehicle driver
whose driving is determined to constitute an imminent hazard as
defined under federal motor carrier safety regulation 49 C.F.R.
383.52.
(E) For the purposes of this section, conviction of a
violation for which disqualification is required includes
conviction under any municipal ordinance that is substantially
similar to any section of the Revised Code that is set forth in
division (D) of this section and may be evidenced by any of the
following:
(1) A judgment entry of a court of competent jurisdiction in
this or any other state;
(2) An administrative order of a state agency of this or any
other state having statutory jurisdiction over commercial drivers;
(3) A computer record obtained from or through the commercial
driver's license information system;
(4) A computer record obtained from or through a state agency
of this or any other state having statutory jurisdiction over
commercial drivers or the records of commercial drivers.
(F) For purposes of this section, conviction of disqualifying
offenses committed in a noncommercial motor vehicle are included
if either of the following applies:
(1) The offense occurred after the person obtained the
person's commercial driver's license.
(2) The offense occurs on or after September 30, 2005.
(G) If a person commits a serious traffic violation by
operating a commercial motor vehicle without having a commercial
driver's license in the person's possession as described in
division (DD)(7)(GG)(3)(e) of section 4506.01 of the Revised Code
and the person then submits proof to either the enforcement agency
that issued the citation for the violation or to the court with
jurisdiction over the case before the date of the person's initial
appearance that shows that the person held a valid commercial
driver's license at the time of the violation, the violation shall
not be deemed to be a serious traffic violation.
(H) Any record described in division (C) of this section
shall be deemed to be self-authenticating when it is received by
the bureau of motor vehicles.
(I) When disqualifying a driver, the registrar shall cause
the records of the bureau to be updated to reflect that action
within ten days after it occurs.
(J) The registrar immediately shall notify a driver who is
finally convicted of any offense described in section 4506.15 of
the Revised Code or division (B)(4), (5), or (6) of this section
and thereby is subject to disqualification, of the offense or
offenses involved, of the length of time for which
disqualification is to be imposed, and that the driver may request
a hearing within thirty days of the mailing of the notice to show
cause why the driver should not be disqualified from operating a
commercial motor vehicle. If a request for such a hearing is not
made within thirty days of the mailing of the notice, the order of
disqualification is final. The registrar may designate hearing
examiners who, after affording all parties reasonable notice,
shall conduct a hearing to determine whether the disqualification
order is supported by reliable evidence. The registrar shall adopt
rules to implement this division.
(K) Any person who is disqualified from operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a commercial motor vehicle, provided the person's commercial
driver's license is not otherwise suspended. A person whose
commercial driver's license is suspended shall not apply to the
registrar for or receive a driver's license under Chapter 4507. of
the Revised Code during the period of suspension.
(L) The disqualifications imposed under this section are in
addition to any other penalty imposed by the Revised Code.
Sec. 4506.161. No court shall issue an order granting limited
driving privileges for operation of a commercial motor vehicle to
any person whose driver's license or commercial driver's license
has been suspended or who has been disqualified from operating a
commercial motor vehicle. In regard to an offense involving the
operation of a commercial motor vehicle, no court shall modify any
record, or consent to the modification of any record, if the
resulting record would no longer reflect the operation of a
commercial motor vehicle by the person, unless a determination of
the facts indicates that that person was not operating a
commercial motor vehicle at the time of the offense.
Sec. 4506.17. (A) Any person who holds a commercial driver's
license or operates a commercial motor vehicle requiring a
commercial driver's license within this state shall be deemed to
have given consent to a test or tests of the person's whole blood,
blood serum or plasma, breath, or urine for the purpose of
determining the person's alcohol concentration or the presence of
any controlled substance or a metabolite of a controlled
substance.
(B) A test or tests as provided in division (A) of this
section may be administered at the direction of a peace officer
having reasonable ground to stop or detain the person and, after
investigating the circumstances surrounding the operation of the
commercial motor vehicle, also having reasonable ground to believe
the person was driving the commercial vehicle while having a
measurable or detectable amount of alcohol or of a controlled
substance or a metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, breath, or urine. Any
such test shall be given within two hours of the time of the
alleged violation.
(C) A person requested to submit to a test under division (A)
of this section shall be advised by the peace officer requesting
the test that a refusal to submit to the test will result in the
person immediately being placed out-of-service for a period of
twenty-four hours and being disqualified from operating a
commercial motor vehicle for a period of not less than one year,
and that the person is required to surrender the person's
commercial driver's license to the peace officer.
(D) If a person refuses to submit to a test after being
warned as provided in division (C) of this section or submits to a
test that discloses the presence of an amount of alcohol or a
controlled substance prohibited by divisions (A)(1) to (5) of
section 4506.15 of the Revised Code or a metabolite of a
controlled substance, an alcohol concentration of four-hundredths
of one per cent or more by whole blood or breath, an alcohol
concentration of forty-eight-thousandths of one per cent or more
by blood serum or blood plasma, or an alcohol concentration of
fifty-six-thousandths of one per cent or more by urine, the person
immediately shall surrender the person's commercial driver's
license to the peace officer. The peace officer shall forward the
license, together with a sworn report, to the registrar of motor
vehicles certifying that the test was requested pursuant to
division (A) of this section and that the person either refused to
submit to testing or submitted to a test that disclosed the
presence of a controlled substance or a metabolite of a controlled
substance or a prohibited alcohol concentration one of the
prohibited concentrations of a substance listed in divisions
(A)(1) to (5) of section 4506.15 of the Revised Code or a
metabolite of a controlled substance. The form and contents of the
report required by this section shall be established by the
registrar by rule, but shall contain the advice to be read to the
driver and a statement to be signed by the driver acknowledging
that the driver has been read the advice and that the form was
shown to the driver.
(E) Upon receipt of a sworn report from a peace officer as
provided in division (D) of this section, or upon receipt of
notification that a person has been disqualified under a similar
law of another state or foreign jurisdiction, the registrar shall
disqualify the person named in the report from driving a
commercial motor vehicle for the period described below:
(1) Upon a first incident, one year;
(2) Upon an incident of refusal or of a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance after one or more previous incidents of
either refusal or of a prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance,
the person shall be disqualified for life or such lesser period as
prescribed by rule by the registrar.
(F) A test of a person's whole blood or a person's blood
serum or plasma given under this section shall comply with the
applicable provisions of division (D) of section 4511.19 of the
Revised Code and any physician, registered nurse, emergency
medical technician-intermediate, emergency medical
technician-paramedic, or qualified technician, chemist, or
phlebotomist who withdraws whole blood or blood serum or plasma
from a person under this section, and any hospital, first-aid
station, clinic, or other facility at which whole blood or blood
serum or plasma is withdrawn from a person pursuant to this
section, is immune from criminal liability, and from civil
liability that is based upon a claim of assault and battery or
based upon any other claim of malpractice, for any act performed
in withdrawing whole blood or blood serum or plasma from the
person. The immunity provided in this division also extends to an
emergency medical service organization that employs an emergency
medical technician-intermediate or emergency medical
technician-paramedic who withdraws blood under this section.
(G) When a person submits to a test under this section, the
results of the test, at the person's request, shall be made
available to the person, the person's attorney, or the person's
agent, immediately upon completion of the chemical test analysis.
The person also may have an additional test administered by a
physician, a registered nurse, or a qualified technician, chemist,
or phlebotomist of the person's own choosing as provided in
division (D) of section 4511.19 of the Revised Code for tests
administered under that section, and the failure to obtain such a
test has the same effect as in that division.
(H) No person shall refuse to immediately surrender the
person's commercial driver's license to a peace officer when
required to do so by this section.
(I) A peace officer issuing an out-of-service order or
receiving a commercial driver's license surrendered under this
section may remove or arrange for the removal of any commercial
motor vehicle affected by the issuance of that order or the
surrender of that license.
(J)(1) Except for civil actions arising out of the operation
of a motor vehicle and civil actions in which the state is a
plaintiff, no peace officer of any law enforcement agency within
this state is liable in compensatory damages in any civil action
that arises under the Revised Code or common law of this state for
an injury, death, or loss to person or property caused in the
performance of official duties under this section and rules
adopted under this section, unless the officer's actions were
manifestly outside the scope of the officer's employment or
official responsibilities, or unless the officer acted with
malicious purpose, in bad faith, or in a wanton or reckless
manner.
(2) Except for civil actions that arise out of the operation
of a motor vehicle and civil actions in which the state is a
plaintiff, no peace officer of any law enforcement agency within
this state is liable in punitive or exemplary damages in any civil
action that arises under the Revised Code or common law of this
state for any injury, death, or loss to person or property caused
in the performance of official duties under this section of the
Revised Code and rules adopted under this section, unless the
officer's actions were manifestly outside the scope of the
officer's employment or official responsibilities, or unless the
officer acted with malicious purpose, in bad faith, or in a wanton
or reckless manner.
(K) When disqualifying a driver, the registrar shall cause
the records of the bureau of motor vehicles to be updated to
reflect the disqualification within ten days after it occurs.
(L) The registrar immediately shall notify a driver who is
subject to disqualification of the disqualification, of the length
of the disqualification, and that the driver may request a hearing
within thirty days of the mailing of the notice to show cause why
the driver should not be disqualified from operating a commercial
motor vehicle. If a request for such a hearing is not made within
thirty days of the mailing of the notice, the order of
disqualification is final. The registrar may designate hearing
examiners who, after affording all parties reasonable notice,
shall conduct a hearing to determine whether the disqualification
order is supported by reliable evidence. The registrar shall adopt
rules to implement this division.
(M) Any person who is disqualified from operating a
commercial motor vehicle under this section may apply to the
registrar for a driver's license to operate a motor vehicle other
than a commercial motor vehicle, provided the person's commercial
driver's license is not otherwise suspended. A person whose
commercial driver's license is suspended shall not apply to the
registrar for or receive a driver's license under Chapter 4507. of
the Revised Code during the period of suspension.
(N) Whoever violates division (H) of this section is guilty
of a misdemeanor of the first degree.
(O) As used in this section, "emergency medical
technician-intermediate" and "emergency medical
technician-paramedic" have the same meanings as in section 4765.01
of the Revised Code.
Sec. 4506.21. Within ten days after receiving a report of
the conviction of any nonresident holder of a commercial driver's
license for a violation of a state law or local ordinance or
resolution relating to traffic control, other than parking
violations, committed in a commercial motor vehicle, the registrar
of motor vehicles shall notify the driver licensing authority in
the state jurisdiction in which the person resides and the driver
licensing authority that issued the nonresident's commercial
driver's license of the conviction, if different from the state of
residence.
Sec. 4510.03. (A) Every county court judge, mayor of a
mayor's court, and clerk of a court of record shall keep a full
record of every case in which a person is charged with any
violation of any provision of sections 4511.01 to 4511.771 or
4513.01 to 4513.36 of the Revised Code or of any other law or
ordinance regulating the operation of vehicles, streetcars, and
trackless trolleys on highways or streets.
(B) If a person is convicted of or forfeits bail in relation
to a violation of any section listed in division (A) of this
section or a violation of any other law or ordinance regulating
the operation of vehicles, streetcars, and trackless trolleys on
highways or streets, the county court judge, mayor of a mayor's
court, or clerk, within ten seven days after the conviction or
bail forfeiture, shall prepare and immediately forward to the
bureau of motor vehicles an abstract, certified by the preparer to
be true and correct, of the court record covering the case in
which the person was convicted or forfeited bail. Every court of
record also shall forward to the bureau of motor vehicles an
abstract of the court record as described in division (C) of this
section upon the conviction of any person of aggravated vehicular
homicide or vehicular homicide or of a felony in the commission of
which a vehicle was used.
(C) Each abstract required by this section shall be made upon
a form approved and furnished by the bureau and shall include the
name and address of the person charged, the number of the person's
driver's or commercial driver's license, probationary driver's
license, or temporary instruction permit, the registration number
of the vehicle involved, the nature of the offense, the date of
the offense, the date of hearing, the plea, the judgment, or
whether bail was forfeited, and the amount of the fine or
forfeiture.
Sec. 4510.036. (A) The bureau of motor vehicles shall record
within ten days, after receipt, of conviction or bail forteiture
and shall keep at its main office, all abstracts received under
this section or section 4510.03, 4510.031, 4510.032, or 4510.034
of the Revised Code and shall maintain records of convictions and
bond forfeitures for any violation of a state law or a municipal
ordinance regulating the operation of vehicles, streetcars, and
trackless trolleys on highways and streets, except a violation
related to parking a motor vehicle.
(B) Every court of record or mayor's court before which a
person is charged with a violation for which points are chargeable
by this section shall assess and transcribe to the abstract of
conviction that is furnished by the bureau to the court the number
of points chargeable by this section in the correct space assigned
on the reporting form. A United States district court that has
jurisdiction within this state and before which a person is
charged with a violation for which points are chargeable by this
section may assess and transcribe to the abstract of conviction
report that is furnished by the bureau the number of points
chargeable by this section in the correct space assigned on the
reporting form. If the federal court so assesses and transcribes
the points chargeable for the offense and furnishes the report to
the bureau, the bureau shall record the points in the same manner
as those assessed and transcribed by a court of record or mayor's
court.
(C) A court shall assess the following points for an offense
based on the following formula:
(1) Aggravated vehicular homicide, vehicular homicide,
vehicular manslaughter, aggravated vehicular assault, or vehicular
assault when the offense involves the operation of a vehicle,
streetcar, or trackless trolley on a highway or street ..........
6 points
(2) A violation of section 2921.331 of the Revised Code or
any ordinance prohibiting the willful fleeing or eluding of a law
enforcement officer .......... 6 points
(3) A violation of section 4549.02 or 4549.021 of the Revised
Code or any ordinance requiring the driver of a vehicle to stop
and disclose identity at the scene of an accident .......... 6
points
(4) A violation of section 4511.251 of the Revised Code or
any ordinance prohibiting street racing .......... 6 points
(5) A violation of section 4510.037 of the Revised Code or
any ordinance prohibiting the operation of a motor vehicle while
the driver's or commercial driver's license is under a
twelve-point suspension .......... 6 points
(6) A violation of section 4510.14 of the Revised Code, or
any ordinance prohibiting the operation of a motor vehicle upon
the public roads or highways within this state while the driver's
or commercial driver's license of the person is under suspension
and the suspension was imposed under section 4511.19, 4511.191, or
4511.196 of the Revised Code or section 4510.07 of the Revised
Code due to a conviction for a violation of a municipal OVI
ordinance or any ordinance prohibiting the operation of a motor
vehicle while the driver's or commercial driver's license is under
suspension for an OVI offense .......... 6 points
(7) A violation of division (A) of section 4511.19 of the
Revised Code, any ordinance prohibiting the operation of a vehicle
while under the influence of alcohol, a drug of abuse, or a
combination of them, or any ordinance substantially equivalent to
division (A) of section 4511.19 of the Revised Code prohibiting
the operation of a vehicle with a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the whole blood, blood serum or plasma, breath, or
urine .......... 6 points
(8) A violation of section 2913.03 of the Revised Code that
does not involve an aircraft or motorboat or any ordinance
prohibiting the operation of a vehicle without the consent of the
owner .......... 6 points
(9) Any offense under the motor vehicle laws of this state
that is a felony, or any other felony in the commission of which a
motor vehicle was used .......... 6 points
(10) A violation of division (B) of section 4511.19 of the
Revised Code or any ordinance substantially equivalent to that
division prohibiting the operation of a vehicle with a prohibited
concentration of alcohol in the whole blood, blood serum or
plasma, breath, or urine .......... 4 points
(11) A violation of section 4511.20 of the Revised Code or
any ordinance prohibiting the operation of a motor vehicle in
willful or wanton disregard of the safety of persons or property
.......... 4 points
(12) A violation of any law or ordinance pertaining to speed:
(a) Notwithstanding divisions (C)(12)(b) and (c) of this
section, when the speed exceeds the lawful speed limit by thirty
miles per hour or more .......... 4 points
(b) When the speed exceeds the lawful speed limit of
fifty-five miles per hour or more by more than ten miles per hour
.......... 2 points
(c) When the speed exceeds the lawful speed limit of less
than fifty-five miles per hour by more than five miles per hour
.......... 2 points
(d) When the speed does not exceed the amounts set forth in
divisions (C)(12)(a), (b), or (c) of this section .......... 0
points
(13) Operating a motor vehicle in violation of a restriction
imposed by the registrar .......... 2 points
(14) A violation of section 4510.11, 4510.111, 4510.16, or
4510.21 of the Revised Code or any ordinance prohibiting the
operation of a motor vehicle while the driver's or commercial
driver's license is under suspension .......... 2 points
(15) With the exception of violations under section 4510.12
of the Revised Code where no points shall be assessed, all other
moving violations reported under this section .......... 2 points
(D) Upon receiving notification from the proper court,
including a United States district court that has jurisdiction
within this state, the bureau shall delete any points entered for
a bond forfeiture if the driver is acquitted of the offense for
which bond was posted.
(E) If a person is convicted of or forfeits bail for two or
more offenses arising out of the same facts and points are
chargeable for each of the offenses, points shall be charged for
only the conviction or bond forfeiture for which the greater
number of points is chargeable, and, if the number of points
chargeable for each offense is equal, only one offense shall be
recorded, and points shall be charged only for that offense.
Sec. 4513.37. Every county court judge, mayor, and clerk of
a court of record shall keep a full record of every case in which
a person is charged with any violation of sections 4511.01 to
4511.78, section 4511.99, and sections 4513.01 to 4513.37 of the
Revised Code, or of any other law or ordinance regulating the
operation of vehicles, streetcars, and trackless trolleys on
highways.
Within ten seven days after the conviction or forfeiture of
bail of a person upon a charge of violating any of such sections
or other law or ordinance regulating the operation of vehicles,
streetcars, and trackless trolleys on highways, said judge, mayor,
or clerk shall prepare and immediately forward to the department
of public safety an abstract of the court record covering the case
in which said person was convicted for or forfeited bail, which
abstract must be certified by the person required to prepare the
same to be true and correct.
Said The abstract shall be made upon a form approved and
furnished by the department and shall include the name and address
of the party charged, the number of his the party's driver's or
commercial driver's license, the registration number of the
vehicle involved, the nature of the offense, the date of hearing,
the plea, the judgment, or whether bail forfeited, and the amount
of the fine or forfeiture.
Every court of record shall also forward a like report to the
department upon the conviction of any person of manslaughter or
other felony in the commission of which a vehicle was used.
The failure, refusal, or neglect of such officer to comply
with this section constitutes misconduct in office and is ground
for removal therefrom.
The department shall keep all abstracts received under this
section at its main office.
Sec. 5101.35. (A) As used in this section:
(1) "Agency" means the following entities that administer a
family services program:
(a) The department of job and family services;
(b) A county department of job and family services;
(c) A public children services agency;
(d) A private or government entity administering, in whole or
in part, a family services program for or on behalf of the
department of job and family services or a county department of
job and family services or public children services agency.
(2) "Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family services
program who is entitled by federal or state law to a hearing
regarding a decision or order of the agency that administers the
program.
(3) "Family services program" means assistance provided under
a Title IV-A program as defined in section 5101.80 of the Revised
Code or under Chapter 5104., 5111., or 5115. or section 5119.69,
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the
Revised Code, other than assistance provided under section 5101.46
of the Revised Code by the department of mental health, the
department of developmental disabilities, a board of alcohol, drug
addiction, and mental health services, or a county board of
developmental disabilities.
(B) Except as provided by divisions (G) and (H) of this
section, an appellant who appeals under federal or state law a
decision or order of an agency administering a family services
program shall, at the appellant's request, be granted a state
hearing by the department of job and family services. This state
hearing shall be conducted in accordance with rules adopted under
this section. The state hearing shall be recorded, but neither the
recording nor a transcript of the recording shall be part of the
official record of the proceeding. A state hearing decision is
binding upon the agency and department, unless it is reversed or
modified on appeal to the director of job and family services or a
court of common pleas.
(C) Except as provided by division (G) of this section, an
appellant who disagrees with a state hearing decision may make an
administrative appeal to the director of job and family services
in accordance with rules adopted under this section. This
administrative appeal does not require a hearing, but the director
or the director's designee shall review the state hearing decision
and previous administrative action and may affirm, modify, remand,
or reverse the state hearing decision. Any person designated to
make an administrative appeal decision on behalf of the director
shall have been admitted to the practice of law in this state. An
administrative appeal decision is the final decision of the
department and is binding upon the department and agency, unless
it is reversed or modified on appeal to the court of common pleas.
(D) An agency shall comply with a decision issued pursuant to
division (B) or (C) of this section within the time limits
established by rules adopted under this section. If a county
department of job and family services or a public children
services agency fails to comply within these time limits, the
department may take action pursuant to section 5101.24 of the
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds
due the agency or imposing another sanction established by rules
adopted under this section.
(E) An appellant who disagrees with an administrative appeal
decision of the director of job and family services or the
director's designee issued under division (C) of this section may
appeal from the decision to the court of common pleas pursuant to
section 119.12 of the Revised Code. The appeal shall be governed
by section 119.12 of the Revised Code except that:
(1) The person may appeal to the court of common pleas of the
county in which the person resides, or to the court of common
pleas of Franklin county if the person does not reside in this
state.
(2) The person may apply to the court for designation as an
indigent and, if the court grants this application, the appellant
shall not be required to furnish the costs of the appeal.
(3) The appellant shall mail the notice of appeal to the
department of job and family services and file notice of appeal
with the court within thirty days after the department mails the
administrative appeal decision to the appellant. For good cause
shown, the court may extend the time for mailing and filing notice
of appeal, but such time shall not exceed six months from the date
the department mails the administrative appeal decision. Filing
notice of appeal with the court shall be the only act necessary to
vest jurisdiction in the court.
(4) The department shall be required to file a transcript of
the testimony of the state hearing with the court only if the
court orders the department to file the transcript. The court
shall make such an order only if it finds that the department and
the appellant are unable to stipulate to the facts of the case and
that the transcript is essential to a determination of the appeal.
The department shall file the transcript not later than thirty
days after the day such an order is issued.
(F) The department of job and family services shall adopt
rules in accordance with Chapter 119. of the Revised Code to
implement this section, including rules governing the following:
(1) State hearings under division (B) of this section. The
rules shall include provisions regarding notice of eligibility
termination and the opportunity of an appellant appealing a
decision or order of a county department of job and family
services to request a county conference with the county department
before the state hearing is held.
(2) Administrative appeals under division (C) of this
section;
(3) Time limits for complying with a decision issued under
division (B) or (C) of this section;
(4) Sanctions that may be applied against an agency under
division (D) of this section.
(G) The department of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code establishing
an appeals process for an appellant who appeals a decision or
order regarding a Title IV-A program identified under division
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code
that is different from the appeals process established by this
section. The different appeals process may include having a state
agency that administers the Title IV-A program pursuant to an
interagency agreement entered into under section 5101.801 of the
Revised Code administer the appeals process.
(H) If an appellant receiving medicaid through a health
insuring corporation that holds a certificate of authority under
Chapter 1751. of the Revised Code is appealing a denial of
medicaid services based on lack of medical necessity or other
clinical issues regarding coverage by the health insuring
corporation, the person hearing the appeal may order an
independent medical review if that person determines that a review
is necessary. The review shall be performed by a health care
professional with appropriate clinical expertise in treating the
recipient's condition or disease. The department shall pay the
costs associated with the review.
A review ordered under this division shall be part of the
record of the hearing and shall be given appropriate evidentiary
consideration by the person hearing the appeal.
(I) The requirements of Chapter 119. of the Revised Code
apply to a state hearing or administrative appeal under this
section only to the extent, if any, specifically provided by rules
adopted under this section.
Sec. 5101.351. The department of job and family services may
employ or contract with hearing officers to draft and recommend
state hearing decisions under division (B) of section 5101.35 of
the Revised Code. The department may employ or contract with
hearing authorities to issue state hearing decisions under
division (B) of section 5101.35 of the Revised Code. A hearing
authority employed or contracted with on or after the effective
date of this section shall have been admitted to the practice of
law in this state. A hearing authority employed or contracted with
before the effective date of under this section is not required to
have been admitted to the practice of law in this state.
Sec. 5107.12. An assistance group seeking to participate in
the Ohio works first program shall apply to a county department of
job and family services using an application containing
information the director of job and family services requires
pursuant to rules adopted under section 5107.05 of the Revised
Code and any additional information the county department
requires. If cash assistance under the program is to be paid by
the director of budget and management through the medium of direct
deposit as provided by section 329.03 of the Revised Code, the
application shall be accompanied by information the director needs
to make direct deposits.
When a county department receives an application for
participation in Ohio works first, it shall promptly make an
investigation and record of the circumstances of the applicant in
order to ascertain the facts surrounding the application and to
obtain such other information as may be required. Upon the
completion of the investigation, the county department shall
determine as soon as possible whether the applicant is eligible to
participate, the amount of cash assistance the applicant should
receive, and the approximate date when participation shall begin.
The county department shall not delay making the determination of
whether the applicant is eligible to participate on the basis that
the individuals required by section 5107.14 of the Revised Code to
enter into a written self-sufficiency contract with the county
department have not yet done that. The amount of cash assistance
so determined shall be certified to the department of job and
family services in such form as the department shall prescribe.
Warrants, direct deposits, or debit cards shall be delivered or
made payable in the manner the department may prescribe.
To the extent required by rules adopted under section 5107.05
of the Revised Code, a participant of Ohio works first shall
notify the county department immediately upon the receipt or
possession of additional income not previously reported to the
county department. Any failure to so notify a county department
shall be regarded as prima-facie evidence of an intent to defraud.
Sec. 5107.14. (A) An assistance group is ineligible to
participate in Ohio works first unless the following enter into a
written self-sufficiency contract with the county department of
job and family services not later than thirty days after the
assistance group applies for or undergoes a redetermination of
eligibility for the program:
(1) Each adult member of the assistance group;
(2) The assistance group's minor head of household unless the
minor head of household is participating in the LEAP program.
(B) A self-sufficiency contract shall set forth the rights
and responsibilities of the assistance group as applicants for and
participants of Ohio works first. Each self-sufficiency contract
shall include, based on appraisals conducted under section 5107.41
of the Revised Code and assessments conducted under section
5107.70 of the Revised Code, the following:
(1) The assistance group's plan, developed under section
5107.41 of the Revised Code, to achieve the goal of self
sufficiency and personal responsibility through unsubsidized
employment within the time limit for participating in Ohio works
first established by section 5107.18 of the Revised Code;
(2) Work activities, developmental activities, and
alternative work activities to which members of the assistance
group are assigned under sections 5107.40 to 5107.69 of the
Revised Code;
(3) The responsibility of a caretaker member of the
assistance group to cooperate in establishing a minor child's
paternity and establishing, modifying, and enforcing a support
order for the child in accordance with section 5107.22 of the
Revised Code;
(4) Other responsibilities that members of the assistance
group must satisfy to participate in Ohio works first and the
consequences for failure or refusal to satisfy the
responsibilities;
(5) An agreement that, except as otherwise provided in a
waiver issued under section 5107.714 of the Revised Code, the
assistance group will comply with the conditions of participating
in Ohio works first established by this chapter and sections
5101.58, 5101.59, and 5101.83 of the Revised Code;
(6) Assistance and services the county department will
provide to the assistance group;
(7) Assistance and services the child support enforcement
agency and public children services agency will provide to the
assistance group pursuant to a plan of cooperation entered into
under section 307.983 of the Revised Code;
(8) Other provisions designed to assist the assistance group
in achieving self sufficiency and personal responsibility;
(9) Procedures for assessing whether responsibilities are
being satisfied and whether the contract should be amended;
(10) Procedures for amending the contract.
(C) No self-sufficiency contract shall include provisions
regarding the LEAP program.
(D) The county department shall provide without charge a copy
of the self-sufficiency contract to each assistance group member
who signs it.
Sec. 5577.05. (A) No vehicle shall be operated upon the
public highways, streets, bridges, and culverts within the state,
whose dimensions exceed those specified in this section.
(B) No such vehicle shall have a width in excess of:
(1) One hundred four inches for passenger bus type vehicles
operated exclusively within municipal corporations;
(2) One hundred two inches, excluding such safety devices as
are required by law, for passenger bus type vehicles operated over
freeways, and such other state roads with minimum pavement widths
of twenty-two feet, except those roads or portions thereof of
roads over which operation of one hundred two-inch buses is
prohibited by order of the director of transportation;
(3) One hundred thirty-two inches for traction engines;
(4) One hundred two inches for recreational vehicles,
excluding safety devices and retracted awnings and other
appurtenances of six inches or less in width and except that the
director may prohibit the operation of one hundred two inch
recreational vehicles on designated state highways or portions of
highways;
(5) One hundred two inches, including load, for all other
vehicles, except that the director may prohibit the operation of
one hundred two-inch vehicles on such state highways or portions
thereof of state highways as the director designates.
(C) No such vehicle shall have a length in excess of:
(1) Sixty-six feet for passenger bus type vehicles and
articulated passenger bus type vehicles operated by a regional
transit authority pursuant to sections 306.30 to 306.54 of the
Revised Code;
(2) Forty-five feet for all other passenger bus type
vehicles;
(3) Fifty-three feet for any semitrailer when operated in a
commercial tractor-semitrailer combination, with or without load,
except that the director may prohibit the operation of any such
commercial tractor-semitrailer combination on such state highways
or portions thereof of state highways as the director designates.
(4) Twenty-eight and one-half feet for any semitrailer or
trailer when operated in a commercial tractor-semitrailer-trailer
or commercial tractor-semitrailer-semitrailer combination, except
that the director may prohibit the operation of any such
commercial tractor-semitrailer-trailer or commercial
tractor-semitrailer-semitrailer combination on such state highways
or portions thereof of state highways as the director designates;
(5)(a) Ninety-seven feet for drive-away saddlemount vehicle
transporter combinations and drive-away saddlemount with fullmount
vehicle transporter combinations when operated on any interstate,
United States route, or state route, including reasonable access
travel on all other roadways for a distance not to exceed one road
mile from any interstate, United States route, or state route, not
to exceed three saddlemounted vehicles, but which may include one
fullmount;
(b) Seventy-five feet for drive-away saddlemount vehicle
transporter combinations and drive-away saddlemount with fullmount
vehicle transporter combinations, when operated on any roadway not
designated as an interstate, United States route, or state route,
not to exceed three saddlemounted vehicles, but which may include
one fullmount;
(6) Sixty-five feet for any other combination of vehicles
coupled together, with or without load, except as provided in
divisions (C)(3) and (4), and in division (E) of this section;
(7) Forty-five feet for recreational vehicles;
(8) Forty feet for all other vehicles except trailers and
semitrailers, with or without load.
(D) No such vehicle shall have a height in excess of thirteen
feet six inches, with or without load.
(E) An automobile transporter or boat transporter shall be
allowed a length of sixty-five feet and a stinger-steered
automobile transporter or stinger-steered boat transporter shall
be allowed a length of seventy-five feet, except that the load
thereon may extend no more than four feet beyond the rear of such
vehicles and may extend no more than three feet beyond the front
of such vehicles, and except further that the director may
prohibit the operation of a stinger-steered automobile
transporter, stinger-steered boat transporter, or a B-train
assembly on any state highway or portion thereof of any state
highway that the director designates.
(F) The widths prescribed in division (B) of this section
shall not include side mirrors, turn signal lamps, marker lamps,
handholds for cab entry and egress, flexible fender extensions,
mud flaps, splash and spray suppressant devices, and load-induced
tire bulge.
The width prescribed in division (B)(5) of this section shall
not include automatic covering devices, tarp and tarp hardware,
and tiedown assemblies, provided these safety devices do not
extend more than three inches from each side of the vehicle.
The lengths prescribed in divisions (C)(2) to (8) of this
section shall not include safety devices, bumpers attached to the
front or rear of such bus or combination, nonproperty carrying
devices or components that do not extend more than twenty-four
inches beyond the rear of the vehicle and are needed for loading
or unloading, B-train assembly used between the first and second
semitrailer of a commercial tractor-semitrailer-semitrailer
combination, energy conservation devices as provided in any
regulations adopted by the secretary of the United States
department of transportation, or any noncargo-carrying
refrigeration equipment attached to the front of trailers and
semitrailers. In special cases, vehicles whose dimensions exceed
those prescribed by this section may operate in accordance with
rules adopted by the director.
(G) This section does not apply to fire engines, fire trucks,
or other vehicles or apparatus belonging to any municipal
corporation or to the volunteer fire department of any municipal
corporation or used by such department in the discharge of its
functions. This section does not apply to vehicles and pole
trailers used in the transportation of wooden and metal poles, nor
to the transportation of pipes or well-drilling equipment, nor to
farm machinery and equipment. The owner or operator of any
vehicle, machinery, or equipment not specifically enumerated in
this section but the dimensions of which exceed the dimensions
provided by this section, when operating the same on the highways
and streets of this state, shall comply with the rules of the
director governing such movement, which that the director may
adopt. Sections 119.01 to 119.13 of the Revised Code apply to any
rules the director adopts under this section, or the amendment or
rescission thereof of the rules, and any person adversely affected
shall have the same right of appeal as provided in those sections.
This section does not require the state, a municipal
corporation, county, township, or any railroad or other private
corporation to provide sufficient vertical clearance to permit the
operation of such vehicle, or to make any changes in or about
existing structures now crossing streets, roads, and other public
thoroughfares in this state.
(H) As used in this section, "recreational vehicle" has the
same meaning as in section 4501.01 of the Revised Code.
SECTION 2. That existing sections 2935.36, 2951.041,
4506.01, 4506.05, 4506.07, 4506.09, 4506.10, 4506.101, 4506.12,
4506.13, 4506.14, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21,
4510.03, 4510.036, 4513.37, 5101.35, 5101.351, 5107.12, 5107.14,
and 5577.05 of the Revised Code are hereby repealed.
SECTION 3. Notwithstanding any provision of section 4141.301
of the Revised Code to the contrary, with respect to compensation
for weeks of unemployment beginning after December 17, 2010, and
ending on the close of the last day of the week ending four weeks
prior to the last week in which one hundred per cent federal
sharing is available under Section 2005(a) of the "American
Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, without
regard to the extension of federal sharing for certain claims as
provided under Section 2005(c) of that Act, and the option of a
three-year look-back is authorized by the "Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of
2010," Pub. L. No. 111-312, as amended, or any other federal law
that authorizes both, the word "two" as used in divisions
(A)(3)(a)(ii) and (A)(5) of section 4141.301 of the Revised Code
shall be changed to "three."
SECTION 4. Section 3 of this act first applies retroactively
as of December 31, 2011.
SECTION 5. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reasons for such necessity lie in
the fact that money to fund state highway construction and repair
projects necessary for the safety and convenience of the traveling
public and the ability to issue commercial driver's licenses to
Ohioans to operate commercial motor vehicles in interstate
commerce are at risk if this legislation is not effective by
January 1, 2012, and in the need, in these times of high
unemployment, to provide continued assistance to those who have
been struggling to find work in this difficult economic climate,
while at the same time protecting the health and safety of the
public. Therefore, this act shall go into immediate effect.
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