To amend sections 4519.11, 4519.20, and 4519.44 and to enact sections 4519.402, 4519.441, 4519.442, and 4519.443 of the Revised Code to require children under sixteen years of age to successfully complete a certified safety education and training program in order to operate an all-purpose vehicle on any public property and to make other changes relating to the operation of all-purpose vehicles.

Section 1.  That sections 4519.11, 4519.20, and 4519.44 be amended and sections 4519.402, 4519.441, 4519.442, and 4519.443 of the Revised Code be enacted to read as follows:

Sec. 4519.11.  (A) One dollar and twenty-five cents of each fee collected under sections 4519.04 and 4519.09 of the Revised Code shall be paid into the state bureau of motor vehicles fund created by section 4501.25 of the Revised Code. All other fees, and all taxes and fines levied, charged, or referred to in this chapter, unless otherwise designated by law, shall be deposited into the state treasury to the credit of the state recreational vehicle fund, which is hereby created. The state recreational vehicle fund shall be used for the purpose of enforcing and administering the law relative to the registration and operation of snowmobiles, off-highway motorcycles, and all-purpose vehicles within the state, for the purpose of expanding the activities of the department of natural resources to provide trails and other areas for the operation of such vehicles on state-controlled land and waters, for the purchase of additional land to be used for such purposes, and for the development and implementation by the department of programs relating to the safe use and enjoyment of snowmobiles, off-highway motorcycles, and all-purpose vehicles.

All investment earnings of the state recreational vehicle fund shall be credited to the fund.

(B) There is hereby created in the state treasury the all-purpose vehicle safety education and training fund, consisting of all fees collected under section 4519.442 of the Revised Code. Money in the fund shall be used solely to pay the costs of the all-purpose vehicle safety education and training program of the department of natural resources.

All investment earnings of the all-purpose vehicle safety education and training fund shall be credited to the fund.

(C) Notwithstanding section 1501.01 of the Revised Code, nothing in this section authorizes the appropriation of property to provide trails and other areas for the operation of snowmobiles, off-highway motorcycles, and all-purpose vehicles.

Sec. 4519.20.  (A) The director of public safety, pursuant to Chapter 119. of the Revised Code, shall adopt rules for the equipment of snowmobiles, off-highway motorcycles, and all-purpose vehicles. The rules may be revised from time to time as the director considers necessary, and shall include, but not necessarily be limited to, requirements for the following items of equipment:

(1) At least one headlight having a minimum candlepower of sufficient intensity to reveal persons and objects at a distance of at least one hundred feet ahead under normal atmospheric conditions during hours of darkness;

(2) At least one red tail light having a minimum candlepower of sufficient intensity to be plainly visible from a distance of five hundred feet to the rear under normal atmospheric conditions during hours of darkness;

(3) Adequate brakes. Every snowmobile, while traveling on packed snow, shall be capable of carrying a driver who weighs one hundred seventy-five pounds or more, and, while carrying such driver, be capable of stopping in not more than forty feet from an initial steady speed of twenty miles per hour, or locking its traction belt.

(4) A muffler system capable of precluding the emission of excessive smoke or exhaust fumes, and of limiting the engine noise of vehicles. On snowmobiles manufactured after January 1, 1973, such requirement shall include sound dampening equipment such that noise does not exceed eighty-two decibels on the "A" scale at fifty feet as measured according to SAE J192 (September 1970).

(5) For every all-purpose vehicle, a properly installed and operative spark arrester;

(6) Safety glasses or other protective eye devices and protective helmets for use by children under the age of sixteen when operating, or riding as a passenger in, an all-purpose vehicle.

(B) No person shall operate any snowmobile, off-highway motorcycle, or all-purpose vehicle in violation of division (A)(1), (2), (3), or (4) of this section, except that equipment specified in divisions (A)(1) and (2) of this section shall not be required on snowmobiles, off-highway motorcycles, or all-purpose vehicles operated during the daylight hours.

(C) Except as otherwise provided in this division, whoever violates division (B) of this section shall be fined not more than fifty dollars. If the offender within the preceding year previously has committed a violation of division (B) of this section, whoever violates division (B) of this section shall be fined not less than fifteen nor more than one hundred dollars, imprisoned not more than three days, or both.

Sec. 4519.402.  (A) No child under the age of sixteen shall do any of the following:

(1) Operate an all-purpose vehicle that is equipped with an engine of more than ninety cubic centimeters piston displacement;

(2) Operate, or be a passenger on, an all-purpose vehicle unless the child is wearing over the child's eyes safety glasses or another protective eye device that conforms to rules adopted by the director of public safety under section 4519.20 of the Revised Code;

(3) Operate, or be a passenger on, an all-purpose vehicle unless the child is wearing on the child's head a protective helmet that conforms to rules adopted by the director under section 4519.20 of the Revised Code.

(B) No person shall operate an all-purpose vehicle while carrying a passenger unless the all-purpose vehicle is designed by its manufacturer to carry a passenger. No person shall operate an all-purpose vehicle while carrying more passengers than the number of passengers that the all-purpose vehicle is designed by its manufacturer to carry.

(C) No person shall sell or offer to sell at retail an all-purpose vehicle that is equipped with an engine of more than ninety cubic centimeters piston displacement knowing or having reason to know that the purchaser of the all-purpose vehicle intends to permit the all-purpose vehicle to be operated by a child under the age of sixteen.

Sec. 4519.44.  (A) No person who does not hold a valid, current motor vehicle driver's or commercial driver's license, motorcycle operator's endorsement, or probationary license, issued under Chapter 4506. or 4507. of the Revised Code or a valid, current driver's license issued by another jurisdiction, shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle on any street or highway in this state, on any portion of the right-of-way thereof, or on any public land or waters.

(B) No person who is less than sixteen years of age shall operate a snowmobile, or off-highway motorcycle, or all-purpose vehicle on any land or waters other than private property or waters owned by or leased to the person's parent or guardian, unless accompanied by another person who is eighteen years of age, or older, and who holds a license as provided in division (A) of this section, except that the department of natural resources may permit such operation on state controlled land under its jurisdiction when such person is less than sixteen years of age and is accompanied by a parent or guardian who is a licensed driver eighteen years of age or older.

(C) Whoever violates this section shall be fined not less than fifty nor more than five hundred dollars, imprisoned not less than three nor more than thirty days, or both.

Sec. 4519.441.  (A) Subject to section 4519.402 of the Revised Code, no child under the age of sixteen shall operate an all-purpose vehicle within this state, other than private property or private waters, unless at the time of such operation both of the following apply:

(1) The child has in the child's immediate possession any of the following:

(a) A temporary safety program certificate issued to the child by a certified instructor of an all-purpose vehicle safety education and training course approved by the department of natural resources under section 4519.442 of the Revised Code;

(b) A permanent safety program certificate issued to the child by the department; or

(c) A safety program certificate from a safety education and training course located in another state that is recognized by the department as being equivalent to a safety education and training course approved by the department.

(2) The child is accompanied by another person who is eighteen years of age or older and holds a valid, current driver's license, commercial driver's license, or restricted license to operate a motorcycle issued under Chapter 4506. or 4507. of the Revised Code or such a valid, current license issued by another jurisdiction.

(B) No person shall accompany a child under the age of sixteen while the child is operating an all-purpose vehicle on any land or waters, other than private property or private waters, unless both of the following apply:

(1) The person is eighteen years of age or older; and

(2) The person holds a valid, current driver's license, commercial driver's license, or restricted license to operate a motorcycle issued under Chapter 4506. or 4507. of the Revised Code or such a valid, current license issued by another jurisdiction.

Sec. 4519.442.  (A) The director of natural resources in consultation with the director of public safety shall establish an all-purpose vehicle safety education and training program. The director shall do so by adopting rules in accordance with Chapter 119. of the Revised Code that do all of the following:

(1) Establish standards governing an all-purpose vehicle safety education and training course, including the contents of the course, which may be the same as the contents of an all-purpose vehicle safety education and training course developed or formulated by a nationally recognized safety organization that the director determines has expertise in this area;

(2) Establish requirements that instructors must meet in order to be certified to teach the education and training course, which may include certification by the organization described in division (A)(1) of this section;

(3) Establish procedures by which a person who wishes to conduct the all-purpose vehicle safety education and training course may apply to the department of natural resources for approval to do so;

(4) Require a trainee to take the education and training course in person in its entirety;

(5) Establish procedures for the issuance of a temporary safety certificate by an instructor to a trainee upon successful completion by the trainee of the education and training course;

(6) Establish procedures for the issuance by the department of natural resources of a permanent safety certificate to a person who has been issued a temporary safety certificate. The department shall issue a permanent safety certificate upon notification from an instructor that a person has been issued a temporary safety certificate.

(7) Establish the amount of the fee to be charged to trainees taking the education and training course and the process for collecting the fee by the department. The director of natural resources shall deposit money derived from the fee into the state treasury to the credit of the all-purpose vehicle safety education and training fund created in section 4519.11 of the Revised Code.

(8) Establish the amount to be paid to instructors who teach the education and training course and the procedure for paying the instructors;

(9) Establish any other requirements governing the education and training course that the director of natural resources determines are necessary.

(B) A person who wishes to conduct an all-purpose vehicle safety education and training course shall apply to the director for approval to conduct the course and for approval of the course. The director shall approve the person's application if the person and the course meet all applicable standards and requirements established under rules adopted under division (A) of this section.

Sec. 4519.443.  A certified instructor, in the course of teaching an approved all-purpose vehicle safety education and training course, and the owner, lessee, renter, or other occupier of the land upon which an approved training course is taught, shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or resulted from the education and training course. This section does not apply to civil claims based upon alleged willful or wanton misconduct or intentionally tortious conduct of the certified instructor or the owner, lessee, renter, or other occupier of the land. This section does not create a new cause of action or a substantive legal right against the certified instructor or the owner, lessee, renter, or occupier of the land and does not affect any immunities from civil liability or defenses established by another section of the Revised Code or available at common law, to which the certified instructor or the owner, lessee, renter, or occupier of the land may be entitled under circumstances not covered by this section.

Section 2.  That existing sections 4519.11, 4519.20, and 4519.44 of the Revised Code are hereby repealed.