127th General Assembly
(As Introduced)
Reps. Uecker, Evans, Combs, DeGeeter
BILL SUMMARY
· Clarifies that the penalty provisions that apply to cases of driving without a valid license apply to cases in which the operator of a motorcycle possessed a valid driver's or commercial driver's license but was not licensed to operate a motorcycle.
CONTENT AND OPERATION
Current law
Current law
generally prohibits any person from operating any motor vehicle upon a public road or highway or any public or
private property used by the public for purposes of vehicular travel or parking
in this state unless the person has a valid driver's license or commercial
driver's license issued by this state.[1]
Similarly, current law generally prohibits any person from
operating a motorcycle on any of those locations unless the person has either a
motorcycle endorsement on the person's driver's or commercial driver's license
or a proper restricted license.[2] Whoever
violates either of these prohibitions is guilty of operating a motor vehicle without
a valid license and is subject to the following punishment:
(1) If the trier of fact finds
that the offender never has held a valid driver's or commercial driver's
license issued by this state or any other jurisdiction, the offense is a first-degree
misdemeanor.[3] Note
that this provision does not address
a case in which a person who has a
valid driver's or commercial driver's license but does not have a motorcycle operator's endorsement is charged with operating
a motorcycle without having a valid license as a motorcycle operator.
(2) If the offender's driver's or
commercial driver's license or permit was expired at the time of the offense
for no more than six months, the offense is a minor misdemeanor on the first
such offense.[4] If
the offender's driver's or commercial driver's license or permit was expired at
the time of the offense for more than six months, the offense is a
fourth-degree misdemeanor on the first such offense.[5] Again
these two provisions do not specifically address a case involving the operation
of a motorcycle by the license holder.
However, if the offender previously was
convicted of or pleaded guilty to one such violation or a substantially
equivalent municipal ordinance within the past three years, the offense is a third-degree
misdemeanor.[6] If
the offender previously was convicted of or pleaded guilty to two such violations
or a substantially equivalent municipal ordinance within the past three years, the
offense is a second-degree misdemeanor.[7] If
the offender previously was convicted of or pleaded guilty to three or more such
violations or a substantially equivalent municipal ordinance within the past
three years, the offense is a first-degree misdemeanor.
Changes made by the bill
The bill does not change either of the two prohibitions discussed above, but it does clarify the penalty provisions in cases involving the operation of a motorcycle. Specifically:
(1) It
provides that if the trier of fact
finds that the offender did not have a valid license as a motorcycle operator,
either in the form of an endorsement upon a driver's or commercial driver's
license or in the form of a restricted license, the offense is a misdemeanor of
the first degree.
(2) If the offender's driver's or commercial
driver's license bearing the motorcycle endorsement or the offender's
restricted license was expired at the time of the offense for no more than six
months, the offense is a minor misdemeanor on the first offense. If the offender's driver's or commercial
driver's license bearing the motorcycle endorsement or the offender's
restricted license was expired at the time of the offense for more than six
months, the offense is a misdemeanor of the fourth degree on the first offense.
However, if the offender previously was
convicted of or pleaded guilty to one or more such violations within the past
three years, the existing enhanced penalties of current law apply.
HISTORY
ACTION |
DATE |
|
|
Introduced |
06-12-08 |
h0593-i-127.doc/kl
[1] R.C. 4510.12(A)(1).
[2] R.C. 4510.12(A)(2).
[3] Punishable by a jail term of not more than six
months, a fine of not more than $1,000, or both.
[4] Punishable by a fine of not more than $150; no jail
term is possible.
[5] Punishable by a fine of not more than $250, a jail
term of not more than 30 days, or both.
[6] Punishable by a fine of not more than $500, a jail
term of not more than 60 days, or both.
[7] Punishable by a fine of not more than $750, a jail
term of not more than 90 days, or both.