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-Comm_Sub.html
As Reported by the House Transportation, Public Safety, and Homeland Security Committee
| 130th General Assembly | | Regular Session | | 2013-2014 |
| |
Cosponsors:
Representatives Stinziano, Hagan, R., Terhar, Henne, Damschroder
A BILL
| To amend sections 4507.071, 4507.21, and 4511.093 of | 1 |
|
the Revised Code to modify the law related to | 2 |
|
graduated driver's licenses and to extend the | 3 |
|
driver education or training course requirement to | 4 |
|
all applicants under the age of twenty-one. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4507.071, 4507.21, and 4511.093 of | 6 |
|
the Revised Code be amended to read as follows: | 7 |
| Sec. 4507.071. (A) No driver's license shall be issued to | 8 |
|
any person under eighteen years of age, except that a probationary | 9 |
|
license may be issued to a person who is at least sixteen years of | 10 |
|
age and who has held a temporary instruction permit for a period | 11 |
|
of at least six months. | 12 |
(B)(1)(a) No holder of a probationary driver's license who | 13 |
has not attained the age of seventeen years shall operate a motor | 14 |
vehicle upon a highway or any public or private property used by | 15 |
the public for purposes of vehicular travel or parking between the | 16 |
hours of midnight and six a.m. unless the holder is accompanied by | 17 |
the holder's parent or guardian. | 18 |
(b) No holder of a probationary driver's license who has | 19 |
attained the age of seventeen years but has not attained the age | 20 |
of eighteen years shall operate a motor vehicle upon a highway or | 21 |
|
any public or private property used by the public for purposes of | 22 |
vehicular travel or parking between the hours of one a.m.ten p.m. | 23 |
|
and five a.m. unless the holder is accompanied by the holder's | 24 |
|
parent or guardian. | 25 |
(2)(a) Subject to division (D)(1)(a) of this section, | 26 |
division (B)(1)(a) of this section does not apply to the holder of | 27 |
|
a probationary driver's license who is traveling to or from work | 28 |
between the hours of midnight and six a.m. and has in the holder's | 29 |
immediate possession written documentation from the holder's | 30 |
employer. | 31 |
(b) Division (B)(1)(b) of this section does not apply to the | 32 |
holder of a probationary driver's license who is traveling to or | 33 |
from work between the hours of one a.m.ten p.m. and five a.m. and | 34 |
|
has in the holder's immediate possession written documentation | 35 |
|
from the holder's employer. | 36 |
| (3) An employer is not liable in damages in a civil action | 37 |
|
for any injury, death, or loss to person or property that | 38 |
|
allegedly arises from, or is related to, the fact that the | 39 |
|
employer provided an employee who is the holder of a probationary | 40 |
|
driver's license with the written documentation described in | 41 |
|
division (B)(2) of this section. | 42 |
| The registrar of motor vehicles shall make available at no | 43 |
|
cost a form to serve as the written documentation described in | 44 |
|
division (B)(2) of this section, and employers and holders of | 45 |
|
probationary driver's licenses may utilize that form or may choose | 46 |
|
to utilize any other written documentation to meet the | 47 |
|
requirements of that division. | 48 |
(4) No(a) Except as provided in division (B)(4)(b) of this | 49 |
section, no holder of a probationary driver's license who is less | 50 |
than seventeen years of agehas held the license for less than | 51 |
|
twelve months shall operate a motor vehicle upon a highway or any | 52 |
|
public or private property used by the public for purposes of | 53 |
vehicular travel or parking with more than one person who is not a | 54 |
family member occupying the vehicle unlesswith more than one | 55 |
|
passenger, and any such passenger shall be twenty-one years of age | 56 |
|
or older and hold a valid driver's or commercial driver's license. | 57 |
| (b) Subject to division (E) of this section, the holder of a | 58 |
|
probationary driver's license who has held the license for less | 59 |
|
than twelve months may operate a motor vehicle with any number of | 60 |
|
family members occupying the motor vehicle or, if the probationary | 61 |
|
license holder is accompanied by the probationary license holder's | 62 |
|
parent, guardian, or custodian, with any number of persons | 63 |
|
occupying the motor vehicle. | 64 |
| (C) It is an affirmative defense to a violation of division | 65 |
(B)(1)(a) or (b) of this section if, at the time of the violation, | 66 |
|
the holder of the probationary driver's license was traveling to | 67 |
|
or from an official function sponsored by the school the holder | 68 |
|
attends, or an emergency existed that required the holder to | 69 |
operate a motor vehicle in violation of division (B)(1)(a) or (b) | 70 |
|
of this section, or the holder was an emancipated minor. | 71 |
| (D)(1)(a) Except as otherwise provided in division (D)(2) of | 72 |
this section, if a person is issuedwho holds a probationary | 73 |
driver's license prior to attaining the age of seventeen years and | 74 |
the person pleads guilty to, is convicted of, or is adjudicated in | 75 |
juvenile court of having committed a moving violation during the | 76 |
six-month period commencing on the date on which the person is | 77 |
issued the probationary driver's license, the holder must be | 78 |
|
accompanied by the holder's parent or guardian whenever the holder | 79 |
|
is operating a motor vehicle upon a highway or any public or | 80 |
|
private property used by the public for purposes of vehicular | 81 |
|
travel or parking during whichever of the following time periods | 82 |
|
applies: | 83 |
| (i) If, on the date the holder of the probationary driver's | 84 |
|
license pleads guilty to, is convicted of, or is adjudicated in | 85 |
|
juvenile court of having committed the moving violation, the | 86 |
holder has not attained the age of sixteenseventeen years six | 87 |
|
months, during the six-month period commencing on that date; | 88 |
| (ii) If, on the date the holder pleads guilty to, is | 89 |
|
convicted of, or is adjudicated in juvenile court of having | 90 |
|
committed the moving violation, the holder has attained the age of | 91 |
sixteenseventeen years six months but not seventeeneighteen | 92 |
years, until the person attains the age of seventeeneighteen | 93 |
|
years. | 94 |
| (b) If the holder of a probationary driver's license commits | 95 |
a moving violation during the six-month period after the person is | 96 |
issued the probationary driver's license and before the person | 97 |
attains the age of seventeen years and on the date the person | 98 |
|
pleads guilty to, is convicted of, or is adjudicated in juvenile | 99 |
|
court of having committed the moving violation the person has | 100 |
attained the age of seventeeneighteen years, or if the person | 101 |
commits the moving violation during the six-month period after the | 102 |
person is issued the probationary driver's license and after the | 103 |
person attains the age of seventeen years, the holder is not | 104 |
|
subject to the restriction described in divisions (D)(1)(a)(i) and | 105 |
(ii) of this section unless the court or juvenile court imposes | 106 |
such a restriction upon the holder. | 107 |
| (2) Any person who is subject to the operating restrictions | 108 |
|
established under division (D)(1) of this section as a result of a | 109 |
|
first moving violation may petition the court for occupational or | 110 |
|
educational driving privileges without being accompanied by the | 111 |
|
holder's parent or guardian during the period of time specified in | 112 |
|
that division. The court may grant the person such driving | 113 |
|
privileges if the court finds reasonable cause to believe that the | 114 |
|
restrictions established in division (D)(1) will seriously affect | 115 |
|
the person's ability to continue in employment or educational | 116 |
|
training or will cause undue hardship on the license holder or a | 117 |
|
family member of the license holder. In granting the driving | 118 |
|
privileges, the court shall specify the purposes, times, and | 119 |
|
places of the privileges and shall issue the person appropriate | 120 |
|
forms setting forth the privileges granted. Occupational or | 121 |
|
educational driving privileges under this division shall not be | 122 |
|
granted to the same person more than once. If a person is | 123 |
|
convicted of, pleads guilty to, or is adjudicated in juvenile | 124 |
|
court of having committed a second or subsequent moving violation, | 125 |
|
any driving privileges previously granted under this division are | 126 |
|
terminated upon the subsequent conviction, plea, or adjudication. | 127 |
| (3) No person shall violate division (D)(1)(a) of this | 128 |
|
section. | 129 |
| (E)(1) No holder of a probationary license shall operate a | 130 |
|
motor vehicle upon a highway or any public or private property | 131 |
|
used by the public for purposes of vehicular travel or parking | 132 |
|
unless the total number of occupants of the vehicle does not | 133 |
|
exceed the total number of occupant restraining devices originally | 134 |
|
installed in the motor vehicle by its manufacturer, and each | 135 |
|
occupant of the vehicle is wearing all of the available elements | 136 |
|
of a properly adjusted occupant restraining device. | 137 |
| (2) No person who is a passenger in a motor vehicle being | 138 |
|
operated by a holder of a probationary license on a highway or any | 139 |
|
public or private property used by the public for purposes of | 140 |
|
vehicular travel or parking shall fail to wear all of the | 141 |
|
available elements of a properly adjusted occupant restraining | 142 |
|
device. | 143 |
| (F) A restricted license may be issued to a person who is | 144 |
|
fourteen or fifteen years of age upon proof of hardship | 145 |
|
satisfactory to the registrar of motor vehicles. | 146 |
| (G) Notwithstanding any other provision of law to the | 147 |
|
contrary, no law enforcement officer shall cause the operator of a | 148 |
|
motor vehicle being operated on any street or highway to stop the | 149 |
|
motor vehicle for the sole purpose of determining whether each | 150 |
|
occupant of the motor vehicle is wearing all of the available | 151 |
|
elements of a properly adjusted occupant restraining device as | 152 |
|
required by division (E) of this section, or for the sole purpose | 153 |
|
of issuing a ticket, citation, or summons if the requirement in | 154 |
|
that division has been or is being violated, or for causing the | 155 |
|
arrest of or commencing a prosecution of a person for a violation | 156 |
|
of that requirement. | 157 |
| (H) Notwithstanding any other provision of law to the | 158 |
|
contrary, no law enforcement officer shall cause the operator of a | 159 |
|
motor vehicle being operated on any street or highway to stop the | 160 |
|
motor vehicle for the sole purpose of determining whether a | 161 |
violation of division (B)(1)(a) or (b) of this section has been or | 162 |
|
is being committed or for the sole purpose of issuing a ticket, | 163 |
|
citation, or summons for such a violation or for causing the | 164 |
|
arrest of or commencing a prosecution of a person for such | 165 |
|
violation. | 166 |
| (I) As used in this section: | 167 |
| (1) "Occupant restraining device" has the same meaning as in | 168 |
|
section 4513.263 of the Revised Code. | 169 |
| (2) "Family member" of a probationary license holder includes | 170 |
|
any of the following: | 171 |
| (b) A child or stepchild; | 173 |
| (c) A parent, stepparent, grandparent, or parent-in-law; | 174 |
| (e) A sibling, whether of the whole or half blood or by | 176 |
|
adoption, a brother-in-law, or a sister-in-law; | 177 |
| (f) A son or daughter of the probationary license holder's | 178 |
|
stepparent if the stepparent has not adopted the probationary | 179 |
|
license holder; | 180 |
| (g) An eligible adult, as defined in section 4507.05 of the | 181 |
|
Revised Code. | 182 |
| (3) "Moving violation" means any violation of any statute or | 183 |
|
ordinance that regulates the operation of vehicles, streetcars, or | 184 |
|
trackless trolleys on the highways or streets. "Moving violation" | 185 |
|
does not include a violation of section 4513.263 of the Revised | 186 |
|
Code or a substantially equivalent municipal ordinance, or a | 187 |
|
violation of any statute or ordinance regulating pedestrians or | 188 |
|
the parking of vehicles, vehicle size or load limitations, vehicle | 189 |
|
fitness requirements, or vehicle registration. | 190 |
| (J) Whoever violates division (B)(1) or (4)(a), (D)(3), or | 191 |
|
(E) of this section is guilty of a minor misdemeanor. | 192 |
| Sec. 4507.21. (A) Each applicant for a driver's license | 193 |
|
shall file an application in the office of the registrar of motor | 194 |
|
vehicles or of a deputy registrar. | 195 |
(B)(1) Each(a) Except as provided in division (B)(1)(b) of | 196 |
this section, each person under eighteentwenty-one years of age | 197 |
|
applying for a driver's license issued in this state shall present | 198 |
|
satisfactory evidence of having successfully completed any one of | 199 |
|
the following: | 200 |
(a)(i) A driver education course approved by the state | 201 |
|
department of education prior to December 31, 2003. | 202 |
(b)(ii) A driver training course approved by the director of | 203 |
|
public safety. | 204 |
(c)(iii) A driver training course comparable to a driver | 205 |
|
education or driver training course described in division | 206 |
(B)(1)(a)(i) or (b)(ii) of this section and administered by a | 207 |
|
branch of the armed forces of the United States and completed by | 208 |
|
the applicant while residing outside this state for the purpose of | 209 |
|
being with or near any person serving in the armed forces of the | 210 |
|
United States. | 211 |
| (b) As an alternative to division (B)(1)(a) of this section, | 212 |
|
a person who is at least eighteen but less than twenty-one years | 213 |
|
of age and is on active duty in or a veteran of the armed forces | 214 |
|
of the United States may present satisfactory evidence of having | 215 |
|
successfully completed, while on active duty in the armed forces | 216 |
|
of the United States, a driver training course to which both of | 217 |
|
the following apply: | 218 |
| (i) It is comparable to a driver education or driver training | 219 |
|
course described in division (B)(1)(a)(i) or (ii) of this section; | 220 |
|
and | 221 |
| (ii) It is administered by a branch of the armed forces of | 222 |
|
the United States. | 223 |
| (2) Each person under eighteen years of age applying for a | 224 |
|
driver's license also shall present, on a form prescribed by the | 225 |
|
registrar, an affidavit signed by an eligible adult attesting that | 226 |
|
the person has acquired at least fifty hours of actual driving | 227 |
|
experience, with at least ten of those hours being at night. | 228 |
| (C) If the registrar or deputy registrar determines that the | 229 |
|
applicant is entitled to the driver's license, it shall be issued. | 230 |
|
If the application shows that the applicant's license has been | 231 |
|
previously canceled or suspended, the deputy registrar shall | 232 |
|
forward the application to the registrar, who shall determine | 233 |
|
whether the license shall be granted. | 234 |
| (D) All applications shall be filed in duplicate, and the | 235 |
|
deputy registrar issuing the license shall immediately forward to | 236 |
|
the office of the registrar the original copy of the application, | 237 |
|
together with the duplicate copy of the certificate, if issued. | 238 |
|
The registrar shall prescribe rules as to the manner in which the | 239 |
|
deputy registrar files and maintains the applications and other | 240 |
|
records. The registrar shall file every application for a driver's | 241 |
|
or commercial driver's license and index them by name and number, | 242 |
|
and shall maintain a suitable record of all licenses issued, all | 243 |
|
convictions and bond forfeitures, all applications for licenses | 244 |
|
denied, and all licenses that have been suspended or canceled. | 245 |
| (E) For purposes of section 2313.06 of the Revised Code, the | 246 |
|
registrar shall maintain accurate and current lists of the | 247 |
|
residents of each county who are eighteen years of age or older, | 248 |
|
have been issued, on and after January 1, 1984, driver's or | 249 |
|
commercial driver's licenses that are valid and current, and would | 250 |
|
be electors if they were registered to vote, regardless of whether | 251 |
|
they actually are registered to vote. The lists shall contain the | 252 |
|
names, addresses, dates of birth, duration of residence in this | 253 |
|
state, citizenship status, and social security numbers, if the | 254 |
|
numbers are available, of the licensees, and may contain any other | 255 |
|
information that the registrar considers suitable. | 256 |
| (F) Each person under eighteen years of age applying for a | 257 |
|
motorcycle operator's endorsement or a restricted license enabling | 258 |
|
the applicant to operate a motorcycle shall present satisfactory | 259 |
|
evidence of having completed the courses of instruction in the | 260 |
|
motorcycle safety and education program described in section | 261 |
|
4508.08 of the Revised Code or a comparable course of instruction | 262 |
|
administered by a branch of the armed forces of the United States | 263 |
|
and completed by the applicant while residing outside this state | 264 |
|
for the purpose of being with or near any person serving in the | 265 |
|
armed forces of the United States. If the registrar or deputy | 266 |
|
registrar then determines that the applicant is entitled to the | 267 |
|
endorsement or restricted license, it shall be issued. | 268 |
| (G) No person shall knowingly make a false statement in an | 269 |
|
affidavit presented in accordance with division (B)(2) of this | 270 |
|
section. | 271 |
| (H) As used in this section, "eligible adult" means any of | 272 |
|
the following persons: | 273 |
| (1) A parent, guardian, or custodian of the applicant; | 274 |
| (2) A person over the age of twenty-one who acts in loco | 275 |
|
parentis of the applicant and who maintains proof of financial | 276 |
|
responsibility with respect to the operation of a motor vehicle | 277 |
|
owned by the applicant or with respect to the applicant's | 278 |
|
operation of any motor vehicle. | 279 |
| (I) Whoever violates division (G) of this section is guilty | 280 |
|
of a minor misdemeanor and shall be fined one hundred dollars. | 281 |
| Sec. 4511.093. (A)(1) No law enforcement officer who stops | 282 |
|
the operator of a motor vehicle in the course of an authorized | 283 |
|
sobriety or other motor vehicle checkpoint operation or a motor | 284 |
|
vehicle safety inspection shall issue a ticket, citation, or | 285 |
|
summons for a secondary traffic offense unless in the course of | 286 |
|
the checkpoint operation or safety inspection the officer first | 287 |
|
determines that an offense other than a secondary traffic offense | 288 |
|
has occurred and either places the operator or a vehicle occupant | 289 |
|
under arrest or issues a ticket, citation, or summons to the | 290 |
|
operator or a vehicle occupant for an offense other than a | 291 |
|
secondary offense. | 292 |
| (2) A law enforcement agency that operates a motor vehicle | 293 |
|
checkpoint for an express purpose related to a secondary traffic | 294 |
|
offense shall not issue a ticket, citation, or summons for any | 295 |
|
secondary traffic offense at such a checkpoint, but may use such a | 296 |
|
checkpoint operation to conduct a public awareness campaign and | 297 |
|
distribute information. | 298 |
| (B) As used in this section, "secondary traffic offense" | 299 |
|
means a violation of division (A) or (F)(2) of section 4507.05, | 300 |
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A) | 301 |
|
of section 4511.204, division (C) or (D) of section 4511.81, | 302 |
|
division (A)(3) of section 4513.03, or division (B) of section | 303 |
|
4513.263 of the Revised Code. | 304 |
| Section 2. That existing sections 4507.071, 4507.21, and | 305 |
|
4511.093 of the Revised Code are hereby repealed. | 306 |
| Section 3. Section 4507.21 of the Revised Code is presented | 307 |
|
in this act as a composite of the section as amended by both Am. | 308 |
|
Sub. H.B. 407 and Am. Sub. S.B. 123 of the 124th General Assembly. | 309 |
|
The General Assembly, applying the principle stated in division | 310 |
|
(B) of section 1.52 of the Revised Code that amendments are to be | 311 |
|
harmonized if reasonably capable of simultaneous operation, finds | 312 |
|
that the composite is the resulting version of the section in | 313 |
|
effect prior to the effective date of the section as presented in | 314 |
|
this act. | 315 |
