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S. B. No. 235 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Kearney, Patton, Seitz
A BILL
To amend section 4506.09 of the Revised Code to
establish a waiver for the commercial driver's
license skills test for drivers with military
commercial motor vehicle experience.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4506.09 of the Revised Code be
amended to read as follows:
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.
Section 2. That existing section 4506.09 of the Revised Code
is hereby repealed.
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