Bill Text: OH HB269 | 2011-2012 | 129th General Assembly | Comm Sub


Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 11-4)

Status: (Introduced - Dead) 2012-05-23 - Committee Report [HB269 Detail]

Download: Ohio-2011-HB269-Comm_Sub.html
As Reported by the House Transportation, Public Safety and Homeland Security Committee

129th General Assembly
Regular Session
2011-2012
H. B. No. 269


Representative Dovilla 

Cosponsors: Representatives Beck, Murray, Maag, Blair, McGregor, Stebelton, Reece, Adams, J., Letson, Mecklenborg, Kozlowski, Celebrezze, Johnson, Ruhl 



A BILL
To amend section 4507.05 of the Revised Code to 1
provide that a person who holds a current, valid 2
driver's license from another state be required to 3
pass only vision screening in order to be issued a 4
driver's license.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That section 4507.05 of the Revised Code be 6
amended to read as follows:7

       Sec. 4507.05.  (A) The registrar of motor vehicles, or a 8
deputy registrar, upon receiving an application for a temporary 9
instruction permit and a temporary instruction permit 10
identification card for a driver's license from any person who is 11
at least fifteen years six months of age, may issue such a permit 12
and identification card entitling the applicant to drive a motor 13
vehicle, other than a commercial motor vehicle, upon the highways 14
under the following conditions:15

       (1) If the permit is issued to a person who is at least 16
fifteen years six months of age, but less than sixteen years of 17
age:18

       (a) The permit and identification card are in the holder's 19
immediate possession;20

       (b) The holder is accompanied by an eligible adult who 21
actually occupies the seat beside the permit holder and does not 22
have a prohibited concentration of alcohol in the whole blood, 23
blood serum or plasma, breath, or urine as provided in division 24
(A) of section 4511.19 of the Revised Code;25

       (c) The total number of occupants of the vehicle does not 26
exceed the total number of occupant restraining devices originally 27
installed in the motor vehicle by its manufacturer, and each 28
occupant of the vehicle is wearing all of the available elements 29
of a properly adjusted occupant restraining device.30

       (2) If the permit is issued to a person who is at least 31
sixteen years of age:32

       (a) The permit and identification card are in the holder's 33
immediate possession;34

       (b) The holder is accompanied by a licensed operator who is 35
at least twenty-one years of age, is actually occupying a seat 36
beside the driver, and does not have a prohibited concentration of 37
alcohol in the whole blood, blood serum or plasma, breath, or 38
urine as provided in division (A) of section 4511.19 of the 39
Revised Code;40

       (c) The total number of occupants of the vehicle does not 41
exceed the total number of occupant restraining devices originally 42
installed in the motor vehicle by its manufacturer, and each 43
occupant of the vehicle is wearing all of the available elements 44
of a properly adjusted occupant restraining device.45

       (B) The registrar or a deputy registrar, upon receiving from 46
any person an application for a temporary instruction permit and 47
temporary instruction permit identification card to operate a 48
motorcycle or motorized bicycle, may issue such a permit and 49
identification card entitling the applicant, while having the 50
permit and identification card in the applicant's immediate 51
possession, to drive a motorcycle under the restrictions 52
prescribed in section 4511.53 of the Revised Code, or to drive a 53
motorized bicycle under restrictions determined by the registrar. 54
A temporary instruction permit and temporary instruction permit 55
identification card to operate a motorized bicycle may be issued 56
to a person fourteen or fifteen years old.57

       (C) Any permit and identification card issued under this 58
section shall be issued in the same manner as a driver's license, 59
upon a form to be furnished by the registrar. A temporary 60
instruction permit to drive a motor vehicle other than a 61
commercial motor vehicle shall be valid for a period of one year.62

       (D) Any person having in the person's possession a valid and 63
current driver's license or motorcycle operator's license or 64
endorsement issued to the person by another jurisdiction 65
recognized by this state is exempt from obtaining a temporary 66
instruction permit for a driver's license, but shall submitand 67
from submitting to the examination for a temporary instruction 68
permit and the regular examination infor obtaining a driver's 69
license or motorcycle operator's endorsement in this state if the 70
person submits to and passes vision screening as provided in 71
section 4507.12 of the Revised Code, the person surrenders to the 72
registrar or deputy registrar the person's driver's license issued 73
by the other jurisdiction, and the person complies with all other 74
applicable requirements for issuance by this state of a driver's 75
license, driver's license with a motorcycle operator's 76
endorsement, or restricted license to operate a motorcycle.77

       (E) The registrar may adopt rules governing the use of 78
temporary instruction permits and temporary instruction permit 79
identification cards.80

       (F)(1) No holder of a permit issued under division (A) of 81
this section shall operate a motor vehicle upon a highway or any 82
public or private property used by the public for purposes of 83
vehicular travel or parking in violation of the conditions 84
established under division (A) of this section.85

       (2) Except as provided in division (F)(2) of this section, no 86
holder of a permit that is issued under division (A) of this 87
section and that is issued on or after July 1, 1998, and who has 88
not attained the age of eighteen years, shall operate a motor 89
vehicle upon a highway or any public or private property used by 90
the public for purposes of vehicular travel or parking between the 91
hours of midnight and six a.m.92

       The holder of a permit issued under division (A) of this 93
section on or after July 1, 1998, who has not attained the age of 94
eighteen years, may operate a motor vehicle upon a highway or any 95
public or private property used by the public for purposes of 96
vehicular travel or parking between the hours of midnight and six 97
a.m. if, at the time of such operation, the holder is accompanied 98
by the holder's parent, guardian, or custodian, and the parent, 99
guardian, or custodian holds a current valid driver's or 100
commercial driver's license issued by this state, is actually 101
occupying a seat beside the permit holder, and does not have a 102
prohibited concentration of alcohol in the whole blood, blood 103
serum or plasma, breath, or urine as provided in division (A) of 104
section 4511.19 of the Revised Code.105

       (G)(1) Notwithstanding any other provision of law to the 106
contrary, no law enforcement officer shall cause the operator of a 107
motor vehicle being operated on any street or highway to stop the 108
motor vehicle for the sole purpose of determining whether each 109
occupant of the motor vehicle is wearing all of the available 110
elements of a properly adjusted occupant restraining device as 111
required by division (A) of this section, or for the sole purpose 112
of issuing a ticket, citation, or summons if the requirement in 113
that division has been or is being violated, or for causing the 114
arrest of or commencing a prosecution of a person for a violation 115
of that requirement.116

       (2) Notwithstanding any other provision of law to the 117
contrary, no law enforcement officer shall cause the operator of a 118
motor vehicle being operated on any street or highway to stop the 119
motor vehicle for the sole purpose of determining whether a 120
violation of division (F)(2) of this section has been or is being 121
committed or for the sole purpose of issuing a ticket, citation, 122
or summons for such a violation or for causing the arrest of or 123
commencing a prosecution of a person for such violation.124

       (H) As used in this section:125

       (1) "Eligible adult" means any of the following:126

       (a) An instructor of a driver training course approved by the 127
department of public safety;128

       (b) Any of the following persons who holds a current valid 129
driver's or commercial driver's license issued by this state:130

       (i) A parent, guardian, or custodian of the permit holder;131

       (ii) A person twenty-one years of age or older who acts in 132
loco parentis of the permit holder.133

       (2) "Occupant restraining device" has the same meaning as in 134
section 4513.263 of the Revised Code.135

       (I) Whoever violates division (F)(1) or (2) of this section 136
is guilty of a minor misdemeanor.137

       Section 2.  That existing section 4507.05 of the Revised Code 138
is hereby repealed.139

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