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H. B. No. 62 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Becker, Hood, Ruhl, Thompson, Huffman, Grossman, McGregor, Scherer
A BILL
To amend section 4507.05 of the Revised Code to
provide that a person who holds a current, valid
driver's license from another state be required to
pass only vision screening in order to be issued a
driver's license, and to amend the version of
section 4507.05 of the Revised Code that is
scheduled to take effect January 1, 2017, to
continue the provisions of this act on and after
that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4507.05 of the Revised Code be
amended to read as follows:
Sec. 4507.05. (A) The registrar of motor vehicles, or a
deputy registrar, upon receiving an application for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person who is
at least fifteen years six months of age, may issue such a permit
and identification card entitling the applicant to drive a motor
vehicle, other than a commercial motor vehicle, upon the highways
under the following conditions:
(1) If the permit is issued to a person who is at least
fifteen years six months of age, but less than sixteen years of
age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by an eligible adult who
actually occupies the seat beside the permit holder and does not
have a prohibited concentration of alcohol in the whole blood,
blood serum or plasma, breath, or urine as provided in division
(A) of section 4511.19 of the Revised Code;
(c) 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) If the permit is issued to a person who is at least
sixteen years of age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by a licensed operator who is
at least twenty-one years of age, is actually occupying a seat
beside the driver, and does not have a prohibited concentration of
alcohol in the whole blood, blood serum or plasma, breath, or
urine as provided in division (A) of section 4511.19 of the
Revised Code;
(c) 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.
(B) The registrar or a deputy registrar, upon receiving from
any person an application for a temporary instruction permit and
temporary instruction permit identification card to operate a
motorcycle or motorized bicycle, may issue such a permit and
identification card entitling the applicant, while having the
permit and identification card in the applicant's immediate
possession, to drive a motorcycle under the restrictions
prescribed in section 4511.53 of the Revised Code, or to drive a
motorized bicycle under restrictions determined by the registrar.
A temporary instruction permit and temporary instruction permit
identification card to operate a motorized bicycle may be issued
to a person fourteen or fifteen years old.
(C) Any permit and identification card issued under this
section shall be issued in the same manner as a driver's license,
upon a form to be furnished by the registrar. A temporary
instruction permit to drive a motor vehicle other than a
commercial motor vehicle shall be valid for a period of one year.
(D) Any person having in the person's possession a valid and
current driver's license or motorcycle operator's license or
endorsement issued to the person by another jurisdiction
recognized by this state is exempt from obtaining a temporary
instruction permit for a driver's license, but shall submit and
from submitting to the examination for a temporary instruction
permit and the regular examination in for obtaining a driver's
license or motorcycle operator's endorsement in this state if the
person does all of the following:
(1) Submits to and passes vision screening as provided in
section 4507.12 of the Revised Code;
(2) Surrenders to the registrar or deputy registrar the
person's driver's license issued by the other jurisdiction; and
(3) Complies with all other applicable requirements for
issuance by this state of a driver's license, driver's license
with a motorcycle operator's endorsement, or restricted license to
operate a motorcycle.
If the person does not comply with all the requirements of
this division, the person shall submit to the regular examination
for obtaining a driver's license or motorcycle operator's
endorsement in this state in order to obtain such a license or
endorsement.
(E) The registrar may adopt rules governing the use of
temporary instruction permits and temporary instruction permit
identification cards.
(F)(1) No holder of a permit issued under division (A) of
this section 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 in violation of the conditions
established under division (A) of this section.
(2) Except as provided in division (F)(2) of this section, no
holder of a permit that is issued under division (A) of this
section and that is issued on or after July 1, 1998, and who 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 midnight and six a.m.
The holder of a permit issued under division (A) of this
section on or after July 1, 1998, who has not attained the age of
eighteen years, may 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. if, at the time of such operation, the holder is accompanied
by the holder's parent, guardian, or custodian, and the parent,
guardian, or custodian holds a current valid driver's or
commercial driver's license issued by this state, is actually
occupying a seat beside the permit holder, and does not have a
prohibited concentration of alcohol in the whole blood, blood
serum or plasma, breath, or urine as provided in division (A) of
section 4511.19 of the Revised Code.
(G)(1) 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 (A) 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.
(2) 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 (F)(2) 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.
(H) As used in this section:
(1) "Eligible adult" means any of the following:
(a) An instructor of a driver training course approved by the
department of public safety;
(b) Any of the following persons who holds a current valid
driver's or commercial driver's license issued by this state:
(i) A parent, guardian, or custodian of the permit holder;
(ii) A person twenty-one years of age or older who acts in
loco parentis of the permit holder.
(2) "Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(I) Whoever violates division (F)(1) or (2) of this section
is guilty of a minor misdemeanor.
Section 2. That existing section 4507.05 of the Revised Code
is hereby repealed.
Section 3. That the version of section 4507.05 of the Revised
Code that is scheduled to take effect January 1, 2017, be amended
to read as follows:
Sec. 4507.05. (A) The registrar of motor vehicles, or a
deputy registrar, upon receiving an application for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person who is
at least fifteen years six months of age, may issue such a permit
and identification card entitling the applicant to drive a motor
vehicle, other than a commercial motor vehicle, upon the highways
under the following conditions:
(1) If the permit is issued to a person who is at least
fifteen years six months of age, but less than sixteen years of
age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by an eligible adult who
actually occupies the seat beside the permit holder and does not
have a prohibited concentration of alcohol in the whole blood,
blood serum or plasma, breath, or urine as provided in division
(A) of section 4511.19 of the Revised Code;
(c) 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) If the permit is issued to a person who is at least
sixteen years of age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by a licensed operator who is
at least twenty-one years of age, is actually occupying a seat
beside the driver, and does not have a prohibited concentration of
alcohol in the whole blood, blood serum or plasma, breath, or
urine as provided in division (A) of section 4511.19 of the
Revised Code;
(c) 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.
(B) The registrar or a deputy registrar, upon receiving from
any person an application for a temporary instruction permit and
temporary instruction permit identification card to operate a
motorcycle, motor-driven cycle or motor scooter, or motorized
bicycle, may issue such a permit and identification card entitling
the applicant, while having the permit and identification card in
the applicant's immediate possession, to drive a motorcycle or
motor-driven cycle or motor scooter, under the restrictions
prescribed in section 4511.53 of the Revised Code, or to drive a
motorized bicycle under restrictions determined by the registrar.
A temporary instruction permit and temporary instruction permit
identification card to operate a motorized bicycle may be issued
to a person fourteen or fifteen years old.
(C) Any permit and identification card issued under this
section shall be issued in the same manner as a driver's license,
upon a form to be furnished by the registrar. A temporary
instruction permit to drive a motor vehicle other than a
commercial motor vehicle shall be valid for a period of one year.
(D) Any person having in the person's possession a valid and
current driver's license or motorcycle operator's license or
endorsement issued to the person by another jurisdiction
recognized by this state is exempt from obtaining a temporary
instruction permit for a driver's license, but shall submit and
from submitting to the examination for a temporary instruction
permit and the regular examination in for obtaining a driver's
license or motorcycle operator's endorsement in this state if the
person does all of the following:
(1) Submits to and passes vision screening as provided in
section 4507.12 of the Revised Code;
(2) Surrenders to the registrar or deputy registrar the
person's driver's license issued by the other jurisdiction; and
(3) Complies with all other applicable requirements for
issuance by this state of a driver's license, driver's license
with a motorcycle operator's endorsement, or restricted license to
operate a motorcycle.
If the person does not comply with all the requirements of
this division, the person shall submit to the regular examination
for obtaining a driver's license or motorcycle operator's
endorsement in this state in order to obtain such a license or
endorsement.
(E) The registrar may adopt rules governing the use of
temporary instruction permits and temporary instruction permit
identification cards.
(F)(1) No holder of a permit issued under division (A) of
this section 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 in violation of the conditions
established under division (A) of this section.
(2) Except as provided in division (F)(2) of this section, no
holder of a permit that is issued under division (A) of this
section and that is issued on or after July 1, 1998, and who 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 midnight and six a.m.
The holder of a permit issued under division (A) of this
section on or after July 1, 1998, who has not attained the age of
eighteen years, may 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. if, at the time of such operation, the holder is accompanied
by the holder's parent, guardian, or custodian, and the parent,
guardian, or custodian holds a current valid driver's or
commercial driver's license issued by this state, is actually
occupying a seat beside the permit holder, and does not have a
prohibited concentration of alcohol in the whole blood, blood
serum or plasma, breath, or urine as provided in division (A) of
section 4511.19 of the Revised Code.
(G)(1) 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 (A) 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.
(2) 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 (F)(2) 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.
(H) As used in this section:
(1) "Eligible adult" means any of the following:
(a) An instructor of a driver training course approved by the
department of public safety;
(b) Any of the following persons who holds a current valid
driver's or commercial driver's license issued by this state:
(i) A parent, guardian, or custodian of the permit holder;
(ii) A person twenty-one years of age or older who acts in
loco parentis of the permit holder.
(2) "Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(I) Whoever violates division (F)(1) or (2) of this section
is guilty of a minor misdemeanor.
Section 4. That the existing version of section 4507.05 of
the Revised Code that is scheduled to take effect January 1, 2017,
is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect
January 1, 2017.
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