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Bill Title: 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.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2014-02-12 - Committee Report - A
[HB204 Detail]Download: Ohio-2013-HB204-Introduced.html
As Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
| |
Cosponsors:
Representatives Stinziano, Hagan, R., Terhar, Henne
A BILL
| To amend sections 4507.071 and 4511.093 of the | 1 |
|
Revised Code to modify the law related to | 2 |
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graduated driver's licenses. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4507.071 and 4511.093 of the Revised | 4 |
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Code be amended to read as follows: | 5 |
| Sec. 4507.071. (A) No driver's license shall be issued to | 6 |
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any person under eighteen years of age, except that a probationary | 7 |
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license may be issued to a person who is at least sixteen years of | 8 |
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age and who has held a temporary instruction permit for a period | 9 |
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of at least six months. | 10 |
(B)(1)(a) No holder of a probationary driver's license who | 11 |
has not attained the age of seventeen years shall operate a motor | 12 |
vehicle upon a highway or any public or private property used by | 13 |
the public for purposes of vehicular travel or parking between the | 14 |
hours of midnight and six a.m. unless the holder is accompanied by | 15 |
the holder's parent or guardian. | 16 |
(b) No holder of a probationary driver's license who has | 17 |
attained the age of seventeen years but has not attained the age | 18 |
of eighteen years shall operate a motor vehicle upon a highway or | 19 |
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any public or private property used by the public for purposes of | 20 |
vehicular travel or parking between the hours of one a.m.ten p.m. | 21 |
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and five a.m. unless the holder is accompanied by the holder's | 22 |
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parent or guardian. | 23 |
(2)(a) Subject to division (D)(1)(a) of this section, | 24 |
division (B)(1)(a) of this section does not apply to the holder of | 25 |
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a probationary driver's license who is traveling to or from work | 26 |
between the hours of midnight and six a.m. and has in the holder's | 27 |
immediate possession written documentation from the holder's | 28 |
employer. | 29 |
(b) Division (B)(1)(b) of this section does not apply to the | 30 |
holder of a probationary driver's license who is traveling to or | 31 |
from work between the hours of one a.m.ten p.m. and five a.m. and | 32 |
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has in the holder's immediate possession written documentation | 33 |
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from the holder's employer. | 34 |
| (3) An employer is not liable in damages in a civil action | 35 |
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for any injury, death, or loss to person or property that | 36 |
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allegedly arises from, or is related to, the fact that the | 37 |
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employer provided an employee who is the holder of a probationary | 38 |
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driver's license with the written documentation described in | 39 |
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division (B)(2) of this section. | 40 |
| The registrar of motor vehicles shall make available at no | 41 |
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cost a form to serve as the written documentation described in | 42 |
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division (B)(2) of this section, and employers and holders of | 43 |
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probationary driver's licenses may utilize that form or may choose | 44 |
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to utilize any other written documentation to meet the | 45 |
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requirements of that division. | 46 |
(4) No(a) Except as provided in division (B)(4)(b) of this | 47 |
section, no holder of a probationary driver's license who is less | 48 |
than seventeen years of agehas held the license for less than | 49 |
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twelve months shall operate a motor vehicle upon a highway or any | 50 |
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public or private property used by the public for purposes of | 51 |
vehicular travel or parking with more than one person who is not a | 52 |
family member occupying the vehicle unlesswith more than one | 53 |
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passenger, and any such passenger shall be twenty-one years of age | 54 |
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or older and hold a valid driver's or commercial driver's license. | 55 |
| (b) Subject to division (E) of this section, the holder of a | 56 |
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probationary driver's license who has held the license for less | 57 |
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than twelve months may operate a motor vehicle with any number of | 58 |
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family members occupying the motor vehicle or, if the probationary | 59 |
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license holder is accompanied by the probationary license holder's | 60 |
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parent, guardian, or custodian, with any number of persons | 61 |
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occupying the motor vehicle. | 62 |
| (C) It is an affirmative defense to a violation of division | 63 |
(B)(1)(a) or (b) of this section if, at the time of the violation, | 64 |
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the holder of the probationary driver's license was traveling to | 65 |
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or from an official function sponsored by the school the holder | 66 |
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attends, or an emergency existed that required the holder to | 67 |
operate a motor vehicle in violation of division (B)(1)(a) or (b) | 68 |
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of this section, or the holder was an emancipated minor. | 69 |
| (D)(1)(a) Except as otherwise provided in division (D)(2) of | 70 |
this section, if a person is issuedwho holds a probationary | 71 |
driver's license prior to attaining the age of seventeen years and | 72 |
the person pleads guilty to, is convicted of, or is adjudicated in | 73 |
juvenile court of having committed a moving violation during the | 74 |
six-month period commencing on the date on which the person is | 75 |
issued the probationary driver's license, the holder must be | 76 |
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accompanied by the holder's parent or guardian whenever the holder | 77 |
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is operating a motor vehicle upon a highway or any public or | 78 |
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private property used by the public for purposes of vehicular | 79 |
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travel or parking during whichever of the following time periods | 80 |
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applies: | 81 |
| (i) If, on the date the holder of the probationary driver's | 82 |
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license pleads guilty to, is convicted of, or is adjudicated in | 83 |
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juvenile court of having committed the moving violation, the | 84 |
holder has not attained the age of sixteenseventeen years six | 85 |
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months, during the six-month period commencing on that date; | 86 |
| (ii) If, on the date the holder pleads guilty to, is | 87 |
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convicted of, or is adjudicated in juvenile court of having | 88 |
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committed the moving violation, the holder has attained the age of | 89 |
sixteenseventeen years six months but not seventeeneighteen | 90 |
years, until the person attains the age of seventeeneighteen | 91 |
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years. | 92 |
| (b) If the holder of a probationary driver's license commits | 93 |
a moving violation during the six-month period after the person is | 94 |
issued the probationary driver's license and before the person | 95 |
attains the age of seventeen years and on the date the person | 96 |
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pleads guilty to, is convicted of, or is adjudicated in juvenile | 97 |
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court of having committed the moving violation the person has | 98 |
attained the age of seventeeneighteen years, or if the person | 99 |
commits the moving violation during the six-month period after the | 100 |
person is issued the probationary driver's license and after the | 101 |
person attains the age of seventeen years, the holder is not | 102 |
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subject to the restriction described in divisions (D)(1)(a)(i) and | 103 |
(ii) of this section unless the court or juvenile court imposes | 104 |
such a restriction upon the holder. | 105 |
| (2) Any person who is subject to the operating restrictions | 106 |
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established under division (D)(1) of this section as a result of a | 107 |
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first moving violation may petition the court for occupational or | 108 |
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educational driving privileges without being accompanied by the | 109 |
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holder's parent or guardian during the period of time specified in | 110 |
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that division. The court may grant the person such driving | 111 |
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privileges if the court finds reasonable cause to believe that the | 112 |
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restrictions established in division (D)(1) will seriously affect | 113 |
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the person's ability to continue in employment or educational | 114 |
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training or will cause undue hardship on the license holder or a | 115 |
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family member of the license holder. In granting the driving | 116 |
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privileges, the court shall specify the purposes, times, and | 117 |
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places of the privileges and shall issue the person appropriate | 118 |
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forms setting forth the privileges granted. Occupational or | 119 |
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educational driving privileges under this division shall not be | 120 |
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granted to the same person more than once. If a person is | 121 |
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convicted of, pleads guilty to, or is adjudicated in juvenile | 122 |
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court of having committed a second or subsequent moving violation, | 123 |
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any driving privileges previously granted under this division are | 124 |
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terminated upon the subsequent conviction, plea, or adjudication. | 125 |
| (3) No person shall violate division (D)(1)(a) of this | 126 |
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section. | 127 |
| (E)(1) No holder of a probationary license shall operate a | 128 |
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motor vehicle upon a highway or any public or private property | 129 |
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used by the public for purposes of vehicular travel or parking | 130 |
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unless the total number of occupants of the vehicle does not | 131 |
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exceed the total number of occupant restraining devices originally | 132 |
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installed in the motor vehicle by its manufacturer, and each | 133 |
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occupant of the vehicle is wearing all of the available elements | 134 |
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of a properly adjusted occupant restraining device. | 135 |
| (2) No person who is a passenger in a motor vehicle being | 136 |
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operated by a holder of a probationary license on a highway or any | 137 |
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public or private property used by the public for purposes of | 138 |
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vehicular travel or parking shall fail to wear all of the | 139 |
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available elements of a properly adjusted occupant restraining | 140 |
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device. | 141 |
| (F) A restricted license may be issued to a person who is | 142 |
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fourteen or fifteen years of age upon proof of hardship | 143 |
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satisfactory to the registrar of motor vehicles. | 144 |
| (G) Notwithstanding any other provision of law to the | 145 |
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contrary, no law enforcement officer shall cause the operator of a | 146 |
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motor vehicle being operated on any street or highway to stop the | 147 |
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motor vehicle for the sole purpose of determining whether each | 148 |
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occupant of the motor vehicle is wearing all of the available | 149 |
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elements of a properly adjusted occupant restraining device as | 150 |
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required by division (E) of this section, or for the sole purpose | 151 |
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of issuing a ticket, citation, or summons if the requirement in | 152 |
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that division has been or is being violated, or for causing the | 153 |
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arrest of or commencing a prosecution of a person for a violation | 154 |
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of that requirement. | 155 |
| (H) Notwithstanding any other provision of law to the | 156 |
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contrary, no law enforcement officer shall cause the operator of a | 157 |
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motor vehicle being operated on any street or highway to stop the | 158 |
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motor vehicle for the sole purpose of determining whether a | 159 |
violation of division (B)(1)(a) or (b) of this section has been or | 160 |
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is being committed or for the sole purpose of issuing a ticket, | 161 |
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citation, or summons for such a violation or for causing the | 162 |
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arrest of or commencing a prosecution of a person for such | 163 |
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violation. | 164 |
| (I) As used in this section: | 165 |
| (1) "Occupant restraining device" has the same meaning as in | 166 |
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section 4513.263 of the Revised Code. | 167 |
| (2) "Family member" of a probationary license holder includes | 168 |
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any of the following: | 169 |
| (b) A child or stepchild; | 171 |
| (c) A parent, stepparent, grandparent, or parent-in-law; | 172 |
| (e) A sibling, whether of the whole or half blood or by | 174 |
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adoption, a brother-in-law, or a sister-in-law; | 175 |
| (f) A son or daughter of the probationary license holder's | 176 |
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stepparent if the stepparent has not adopted the probationary | 177 |
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license holder; | 178 |
| (g) An eligible adult, as defined in section 4507.05 of the | 179 |
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Revised Code. | 180 |
| (3) "Moving violation" means any violation of any statute or | 181 |
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ordinance that regulates the operation of vehicles, streetcars, or | 182 |
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trackless trolleys on the highways or streets. "Moving violation" | 183 |
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does not include a violation of section 4513.263 of the Revised | 184 |
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Code or a substantially equivalent municipal ordinance, or a | 185 |
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violation of any statute or ordinance regulating pedestrians or | 186 |
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the parking of vehicles, vehicle size or load limitations, vehicle | 187 |
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fitness requirements, or vehicle registration. | 188 |
| (J) Whoever violates division (B)(1) or (4)(a), (D)(3), or | 189 |
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(E) of this section is guilty of a minor misdemeanor. | 190 |
| Sec. 4511.093. (A)(1) No law enforcement officer who stops | 191 |
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the operator of a motor vehicle in the course of an authorized | 192 |
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sobriety or other motor vehicle checkpoint operation or a motor | 193 |
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vehicle safety inspection shall issue a ticket, citation, or | 194 |
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summons for a secondary traffic offense unless in the course of | 195 |
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the checkpoint operation or safety inspection the officer first | 196 |
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determines that an offense other than a secondary traffic offense | 197 |
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has occurred and either places the operator or a vehicle occupant | 198 |
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under arrest or issues a ticket, citation, or summons to the | 199 |
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operator or a vehicle occupant for an offense other than a | 200 |
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secondary offense. | 201 |
| (2) A law enforcement agency that operates a motor vehicle | 202 |
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checkpoint for an express purpose related to a secondary traffic | 203 |
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offense shall not issue a ticket, citation, or summons for any | 204 |
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secondary traffic offense at such a checkpoint, but may use such a | 205 |
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checkpoint operation to conduct a public awareness campaign and | 206 |
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distribute information. | 207 |
| (B) As used in this section, "secondary traffic offense" | 208 |
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means a violation of division (A) or (F)(2) of section 4507.05, | 209 |
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A) | 210 |
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of section 4511.204, division (C) or (D) of section 4511.81, | 211 |
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division (A)(3) of section 4513.03, or division (B) of section | 212 |
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4513.263 of the Revised Code. | 213 |
| Section 2. That existing sections 4507.071 and 4511.093 of | 214 |
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the Revised Code are hereby repealed. | 215 |
