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Am. H. B. No. 204 As Reported by the House Transportation, Public Safety, and Homeland Security CommitteeAs Reported by the House Transportation, Public Safety, and Homeland Security Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Stinziano, Hagan, R., Terhar, Henne, Damschroder
A BILL
To amend sections 4507.071, 4507.21, and 4511.093 of
the Revised Code to modify the law related to
graduated driver's licenses and to extend the
driver education or training course requirement to
all applicants under the age of twenty-one.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.071, 4507.21, and 4511.093 of
the Revised Code be amended to read as follows:
Sec. 4507.071. (A) No driver's license shall be issued to
any person under eighteen years of age, except that a probationary
license may be issued to a person who is at least sixteen years of
age and who has held a temporary instruction permit for a period
of at least six months.
(B)(1)(a) No holder of a probationary driver's license who
has not attained the age of seventeen years shall operate a motor
vehicle upon a highway or any public or private property used by
the public for purposes of vehicular travel or parking between the
hours of midnight and six a.m. unless the holder is accompanied by
the holder's parent or guardian.
(b) No holder of a probationary driver's license who has
attained the age of seventeen years but has not attained the age
of eighteen years shall operate a motor vehicle upon a highway or
any public or private property used by the public for purposes of
vehicular travel or parking between the hours of one a.m. ten p.m.
and five a.m. unless the holder is accompanied by the holder's
parent or guardian.
(2)(a) Subject to division (D)(1)(a) of this section,
division (B)(1)(a) of this section does not apply to the holder of
a probationary driver's license who is traveling to or from work
between the hours of midnight and six a.m. and has in the holder's
immediate possession written documentation from the holder's
employer.
(b) Division (B)(1)(b) of this section does not apply to the
holder of a probationary driver's license who is traveling to or
from work between the hours of one a.m. ten p.m. and five a.m. and
has in the holder's immediate possession written documentation
from the holder's employer.
(3) An employer is not liable in damages in a civil action
for any injury, death, or loss to person or property that
allegedly arises from, or is related to, the fact that the
employer provided an employee who is the holder of a probationary
driver's license with the written documentation described in
division (B)(2) of this section.
The registrar of motor vehicles shall make available at no
cost a form to serve as the written documentation described in
division (B)(2) of this section, and employers and holders of
probationary driver's licenses may utilize that form or may choose
to utilize any other written documentation to meet the
requirements of that division.
(4) No (a) Except as provided in division (B)(4)(b) of this
section, no holder of a probationary driver's license who is less
than seventeen years of age has held the license for less than
twelve months shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking with more than one person who is not a
family member occupying the vehicle unless with more than one
passenger, and any such passenger shall be twenty-one years of age
or older and hold a valid driver's or commercial driver's license.
(b) Subject to division (E) of this section, the holder of a
probationary driver's license who has held the license for less
than twelve months may operate a motor vehicle with any number of
family members occupying the motor vehicle or, if the probationary
license holder is accompanied by the probationary license holder's
parent, guardian, or custodian, with any number of persons
occupying the motor vehicle.
(C) It is an affirmative defense to a violation of division
(B)(1)(a) or (b) of this section if, at the time of the violation,
the holder of the probationary driver's license was traveling to
or from an official function sponsored by the school the holder
attends, or an emergency existed that required the holder to
operate a motor vehicle in violation of division (B)(1)(a) or (b)
of this section, or the holder was an emancipated minor.
(D)(1)(a) Except as otherwise provided in division (D)(2) of
this section, if a person is issued who holds a probationary
driver's license prior to attaining the age of seventeen years and
the person pleads guilty to, is convicted of, or is adjudicated in
juvenile court of having committed a moving violation during the
six-month period commencing on the date on which the person is
issued the probationary driver's license, the holder must be
accompanied by the holder's parent or guardian whenever the holder
is operating a motor vehicle upon a highway or any public or
private property used by the public for purposes of vehicular
travel or parking during whichever of the following time periods
applies:
(i) If, on the date the holder of the probationary driver's
license pleads guilty to, is convicted of, or is adjudicated in
juvenile court of having committed the moving violation, the
holder has not attained the age of sixteen seventeen years six
months, during the six-month period commencing on that date;
(ii) If, on the date the holder pleads guilty to, is
convicted of, or is adjudicated in juvenile court of having
committed the moving violation, the holder has attained the age of
sixteen seventeen years six months but not seventeen eighteen
years, until the person attains the age of seventeen eighteen
years.
(b) If the holder of a probationary driver's license commits
a moving violation during the six-month period after the person is
issued the probationary driver's license and before the person
attains the age of seventeen years and on the date the person
pleads guilty to, is convicted of, or is adjudicated in juvenile
court of having committed the moving violation the person has
attained the age of seventeen eighteen years, or if the person
commits the moving violation during the six-month period after the
person is issued the probationary driver's license and after the
person attains the age of seventeen years, the holder is not
subject to the restriction described in divisions (D)(1)(a)(i) and
(ii) of this section unless the court or juvenile court imposes
such a restriction upon the holder.
(2) Any person who is subject to the operating restrictions
established under division (D)(1) of this section as a result of a
first moving violation may petition the court for occupational or
educational driving privileges without being accompanied by the
holder's parent or guardian during the period of time specified in
that division. The court may grant the person such driving
privileges if the court finds reasonable cause to believe that the
restrictions established in division (D)(1) will seriously affect
the person's ability to continue in employment or educational
training or will cause undue hardship on the license holder or a
family member of the license holder. In granting the driving
privileges, the court shall specify the purposes, times, and
places of the privileges and shall issue the person appropriate
forms setting forth the privileges granted. Occupational or
educational driving privileges under this division shall not be
granted to the same person more than once. If a person is
convicted of, pleads guilty to, or is adjudicated in juvenile
court of having committed a second or subsequent moving violation,
any driving privileges previously granted under this division are
terminated upon the subsequent conviction, plea, or adjudication.
(3) No person shall violate division (D)(1)(a) of this
section.
(E)(1) No holder of a probationary license shall operate a
motor vehicle upon a highway or any public or private property
used by the public for purposes of vehicular travel or parking
unless the total number of occupants of the vehicle does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the vehicle is wearing all of the available elements
of a properly adjusted occupant restraining device.
(2) No person who is a passenger in a motor vehicle being
operated by a holder of a probationary license on a highway or any
public or private property used by the public for purposes of
vehicular travel or parking shall fail to wear all of the
available elements of a properly adjusted occupant restraining
device.
(F) A restricted license may be issued to a person who is
fourteen or fifteen years of age upon proof of hardship
satisfactory to the registrar of motor vehicles.
(G) Notwithstanding any other provision of law to the
contrary, no law enforcement officer shall cause the operator of a
motor vehicle being operated on any street or highway to stop the
motor vehicle for the sole purpose of determining whether each
occupant of the motor vehicle is wearing all of the available
elements of a properly adjusted occupant restraining device as
required by division (E) of this section, or for the sole purpose
of issuing a ticket, citation, or summons if the requirement in
that division has been or is being violated, or for causing the
arrest of or commencing a prosecution of a person for a violation
of that requirement.
(H) Notwithstanding any other provision of law to the
contrary, no law enforcement officer shall cause the operator of a
motor vehicle being operated on any street or highway to stop the
motor vehicle for the sole purpose of determining whether a
violation of division (B)(1)(a) or (b) of this section has been or
is being committed or for the sole purpose of issuing a ticket,
citation, or summons for such a violation or for causing the
arrest of or commencing a prosecution of a person for such
violation.
(I) As used in this section:
(1) "Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(2) "Family member" of a probationary license holder includes
any of the following:
(b) A child or stepchild;
(c) A parent, stepparent, grandparent, or parent-in-law;
(e) A sibling, whether of the whole or half blood or by
adoption, a brother-in-law, or a sister-in-law;
(f) A son or daughter of the probationary license holder's
stepparent if the stepparent has not adopted the probationary
license holder;
(g) An eligible adult, as defined in section 4507.05 of the
Revised Code.
(3) "Moving violation" means any violation of any statute or
ordinance that regulates the operation of vehicles, streetcars, or
trackless trolleys on the highways or streets. "Moving violation"
does not include a violation of section 4513.263 of the Revised
Code or a substantially equivalent municipal ordinance, or a
violation of any statute or ordinance regulating pedestrians or
the parking of vehicles, vehicle size or load limitations, vehicle
fitness requirements, or vehicle registration.
(J) Whoever violates division (B)(1) or (4)(a), (D)(3), or
(E) of this section is guilty of a minor misdemeanor.
Sec. 4507.21. (A) Each applicant for a driver's license
shall file an application in the office of the registrar of motor
vehicles or of a deputy registrar.
(B)(1) Each (a) Except as provided in division (B)(1)(b) of
this section, each person under eighteen twenty-one years of age
applying for a driver's license issued in this state shall present
satisfactory evidence of having successfully completed any one of
the following:
(a)(i) A driver education course approved by the state
department of education prior to December 31, 2003.
(b)(ii) A driver training course approved by the director of
public safety.
(c)(iii) A driver training course comparable to a driver
education or driver training course described in division
(B)(1)(a)(i) or (b)(ii) of this section and administered by a
branch of the armed forces of the United States and completed by
the applicant while residing outside this state for the purpose of
being with or near any person serving in the armed forces of the
United States.
(b) As an alternative to division (B)(1)(a) of this section,
a person who is at least eighteen but less than twenty-one years
of age and is on active duty in or a veteran of the armed forces
of the United States may present satisfactory evidence of having
successfully completed, while on active duty in the armed forces
of the United States, a driver training course to which both of
the following apply:
(i) It is comparable to a driver education or driver training
course described in division (B)(1)(a)(i) or (ii) of this section;
and
(ii) It is administered by a branch of the armed forces of
the United States.
(2) Each person under eighteen years of age applying for a
driver's license also shall present, on a form prescribed by the
registrar, an affidavit signed by an eligible adult attesting that
the person has acquired at least fifty hours of actual driving
experience, with at least ten of those hours being at night.
(C) If the registrar or deputy registrar determines that the
applicant is entitled to the driver's license, it shall be issued.
If the application shows that the applicant's license has been
previously canceled or suspended, the deputy registrar shall
forward the application to the registrar, who shall determine
whether the license shall be granted.
(D) All applications shall be filed in duplicate, and the
deputy registrar issuing the license shall immediately forward to
the office of the registrar the original copy of the application,
together with the duplicate copy of the certificate, if issued.
The registrar shall prescribe rules as to the manner in which the
deputy registrar files and maintains the applications and other
records. The registrar shall file every application for a driver's
or commercial driver's license and index them by name and number,
and shall maintain a suitable record of all licenses issued, all
convictions and bond forfeitures, all applications for licenses
denied, and all licenses that have been suspended or canceled.
(E) For purposes of section 2313.06 of the Revised Code, the
registrar shall maintain accurate and current lists of the
residents of each county who are eighteen years of age or older,
have been issued, on and after January 1, 1984, driver's or
commercial driver's licenses that are valid and current, and would
be electors if they were registered to vote, regardless of whether
they actually are registered to vote. The lists shall contain the
names, addresses, dates of birth, duration of residence in this
state, citizenship status, and social security numbers, if the
numbers are available, of the licensees, and may contain any other
information that the registrar considers suitable.
(F) Each person under eighteen years of age applying for a
motorcycle operator's endorsement or a restricted license enabling
the applicant to operate a motorcycle shall present satisfactory
evidence of having completed the courses of instruction in the
motorcycle safety and education program described in section
4508.08 of the Revised Code or a comparable course of instruction
administered by a branch of the armed forces of the United States
and completed by the applicant while residing outside this state
for the purpose of being with or near any person serving in the
armed forces of the United States. If the registrar or deputy
registrar then determines that the applicant is entitled to the
endorsement or restricted license, it shall be issued.
(G) No person shall knowingly make a false statement in an
affidavit presented in accordance with division (B)(2) of this
section.
(H) As used in this section, "eligible adult" means any of
the following persons:
(1) A parent, guardian, or custodian of the applicant;
(2) A person over the age of twenty-one who acts in loco
parentis of the applicant and who maintains proof of financial
responsibility with respect to the operation of a motor vehicle
owned by the applicant or with respect to the applicant's
operation of any motor vehicle.
(I) Whoever violates division (G) of this section is guilty
of a minor misdemeanor and shall be fined one hundred dollars.
Sec. 4511.093. (A)(1) No law enforcement officer who stops
the operator of a motor vehicle in the course of an authorized
sobriety or other motor vehicle checkpoint operation or a motor
vehicle safety inspection shall issue a ticket, citation, or
summons for a secondary traffic offense unless in the course of
the checkpoint operation or safety inspection the officer first
determines that an offense other than a secondary traffic offense
has occurred and either places the operator or a vehicle occupant
under arrest or issues a ticket, citation, or summons to the
operator or a vehicle occupant for an offense other than a
secondary offense.
(2) A law enforcement agency that operates a motor vehicle
checkpoint for an express purpose related to a secondary traffic
offense shall not issue a ticket, citation, or summons for any
secondary traffic offense at such a checkpoint, but may use such a
checkpoint operation to conduct a public awareness campaign and
distribute information.
(B) As used in this section, "secondary traffic offense"
means a violation of division (A) or (F)(2) of section 4507.05,
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A)
of section 4511.204, division (C) or (D) of section 4511.81,
division (A)(3) of section 4513.03, or division (B) of section
4513.263 of the Revised Code.
Section 2. That existing sections 4507.071, 4507.21, and
4511.093 of the Revised Code are hereby repealed.
Section 3. Section 4507.21 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 407 and Am. Sub. S.B. 123 of the 124th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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