Bill Text: OH HB44 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: And to repeal Section 3 of Am. Sub. S.B. 20 of the 120th General Assembly, as subsequently amended, to eliminate the financial responsibility random verification program of the Bureau of Motor Vehicles.
Spectrum: Moderate Partisan Bill (Republican 12-3)
Status: (Introduced - Dead) 2009-02-24 - To Insurance [HB44 Detail]
Download: Ohio-2009-HB44-Introduced.html
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Representatives Hagan, Huffman
Cosponsors:
Representatives Stautberg, Wachtmann, Uecker, Adams, J., Grossman, Mecklenborg, Winburn, Harris, Balderson, Jordan, Hackett, DeBose, Stebelton
To amend sections 4509.101 and 4510.04 of the Revised | 1 |
Code and to repeal Section 3 of Am. Sub. S.B. 20 | 2 |
of the 120th General Assembly, as subsequently | 3 |
amended, to eliminate the financial responsibility | 4 |
random verification program of the Bureau of Motor | 5 |
Vehicles. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4509.101 and 4510.04 of the Revised | 7 |
Code be amended to read as follows: | 8 |
Sec. 4509.101. (A)(1) No person shall operate, or permit the | 9 |
operation of, a motor vehicle in this state, unless proof of | 10 |
financial responsibility is maintained continuously throughout the | 11 |
registration period with respect to that vehicle, or, in the case | 12 |
of a driver who is not the owner, with respect to that driver's | 13 |
operation of that vehicle. | 14 |
(2) Whoever violates division (A)(1) of this section shall be | 15 |
subject to the following civil penalties: | 16 |
(a) Subject to divisions (A)(2)(b) and (c) of this section, a | 17 |
class E suspension of the person's driver's license, commercial | 18 |
driver's license, temporary instruction permit, probationary | 19 |
license, or nonresident operating privilege for the period of time | 20 |
specified in division (B)(5) of section 4510.02 of the Revised | 21 |
Code and impoundment of the person's license. The court may grant | 22 |
limited driving privileges to the person only if the person | 23 |
presents proof of financial responsibility and has complied with | 24 |
division (A)(5) of this section. | 25 |
(b) If, within five years of the violation, the person's | 26 |
operating privileges are again suspended and the person's license | 27 |
again is impounded for a violation of division (A)(1) of this | 28 |
section, a class C suspension of the person's driver's license, | 29 |
commercial driver's license, temporary instruction permit, | 30 |
probationary license, or nonresident operating privilege for the | 31 |
period of time specified in division (B)(3) of section 4510.02 of | 32 |
the Revised Code. The court may grant limited driving privileges | 33 |
to the person only if the person presents proof of financial | 34 |
responsibility and has complied with division (A)(5) of this | 35 |
section, and no court may grant limited driving privileges for the | 36 |
first fifteen days of the suspension. | 37 |
(c) If, within five years of the violation, the person's | 38 |
operating privileges are suspended and the person's license is | 39 |
impounded two or more times for a violation of division (A)(1) of | 40 |
this section, a class B suspension of the person's driver's | 41 |
license, commercial driver's license, temporary instruction | 42 |
permit, probationary license, or nonresident operating privilege | 43 |
for the period of time specified in division (B)(2) of section | 44 |
4510.02 of the Revised Code. No court may grant limited driving | 45 |
privileges during the suspension. | 46 |
(d) In addition to the suspension of an owner's license under | 47 |
division (A)(2)(a), (b), or (c) of this section, the suspension of | 48 |
the rights of the owner to register the motor vehicle and the | 49 |
impoundment of the owner's certificate of registration and license | 50 |
plates until the owner complies with division (A)(5) of this | 51 |
section. | 52 |
(3) A person to whom this state has issued a certificate of | 53 |
registration for a motor vehicle or a license to operate a motor | 54 |
vehicle or who is determined to have operated any motor vehicle or | 55 |
permitted the operation in this state of a motor vehicle owned by | 56 |
the person shall be required to verify the existence of proof of | 57 |
financial responsibility covering the operation of the motor | 58 |
vehicle or the person's operation of the
motor vehicle under | 59 |
either of the following circumstances: | 60 |
(a) The person or a motor vehicle owned by the person is | 61 |
involved in a traffic accident that requires the filing of an | 62 |
accident report under section 4509.06 of the Revised Code. | 63 |
(b) The person receives a traffic ticket indicating that | 64 |
proof of the maintenance of financial responsibility was not | 65 |
produced upon the request of a peace officer or state highway | 66 |
patrol trooper made in accordance with division (D)(2) of this | 67 |
section. | 68 |
| 69 |
70 | |
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(4) An order of the registrar that suspends and impounds a | 72 |
license or registration, or both, shall state the date on or | 73 |
before which the person is required to surrender the person's | 74 |
license or certificate of registration and license plates. The | 75 |
person is deemed to have surrendered the license or certificate of | 76 |
registration and license plates, in compliance with the order, if | 77 |
the person does either of the following: | 78 |
(a) On or before the date specified in the order, personally | 79 |
delivers the license or certificate of registration and license | 80 |
plates, or causes the delivery of the items, to the registrar; | 81 |
(b) Mails the license or certificate of registration and | 82 |
license plates to the registrar in an envelope or container | 83 |
bearing a postmark showing a date no later than the date specified | 84 |
in the order. | 85 |
(5) Except as provided in division (A)(6) or (L) of this | 86 |
section, the registrar shall not restore any operating privileges | 87 |
or registration rights suspended under this section, return any | 88 |
license, certificate of registration, or license plates impounded | 89 |
under this section, or reissue license plates under section | 90 |
4503.232 of the Revised Code, if the registrar destroyed the | 91 |
impounded license plates under that section, or reissue a license | 92 |
under section 4510.52 of the Revised Code, if the registrar | 93 |
destroyed the suspended license under that section, unless the | 94 |
rights are not subject to suspension or revocation under any other | 95 |
law and unless the person, in addition to complying with all other | 96 |
conditions required by law for reinstatement of the operating | 97 |
privileges or registration rights, complies with all of the | 98 |
following: | 99 |
(a) Pays a financial responsibility reinstatement fee of | 100 |
seventy-five dollars for the first violation of division (A)(1) of | 101 |
this section, two hundred fifty dollars for a second violation of | 102 |
that division, and five hundred dollars for a third or subsequent | 103 |
violation of that division; | 104 |
(b) If the person has not voluntarily surrendered the | 105 |
license, certificate, or license plates in compliance with the | 106 |
order, pays a financial responsibility nonvoluntary compliance fee | 107 |
in an amount, not to exceed fifty dollars, determined by the | 108 |
registrar; | 109 |
(c) Files and continuously maintains proof of financial | 110 |
responsibility under sections 4509.44 to 4509.65 of the Revised | 111 |
Code. | 112 |
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118 | |
119 | |
120 | |
121 | |
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| 123 |
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126 | |
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(B)(1) Every party required to file an accident report under | 128 |
section 4509.06 of the Revised Code also shall include with the | 129 |
report a document described in division (G)(1) of this section. | 130 |
If the registrar determines, within forty-five days after the | 131 |
report is filed, that an operator or owner has violated division | 132 |
(A)(1) of this section, the registrar shall do all of the | 133 |
following: | 134 |
(a) Order the impoundment, with respect to the motor vehicle | 135 |
involved, required under division (A)(2)(d) of this section, of | 136 |
the certificate of registration and license plates of any owner | 137 |
who has violated division (A)(1) of this section; | 138 |
(b) Order the suspension required under division (A)(2)(a), | 139 |
(b), or (c) of this section of the license of any operator or | 140 |
owner who has violated division (A)(1) of this section; | 141 |
(c) Record the name and address of the person whose | 142 |
certificate of registration and license plates have been impounded | 143 |
or are under an order of impoundment, or whose license has been | 144 |
suspended or is under an order of suspension; the serial number of | 145 |
the person's license; the serial numbers of the person's | 146 |
certificate of registration and license plates; and the person's | 147 |
social security account number, if assigned, or, where the motor | 148 |
vehicle is used for hire or principally in connection with any | 149 |
established business, the person's federal taxpayer identification | 150 |
number. The information shall be recorded in such a manner that it | 151 |
becomes a part of the person's permanent record, and assists the | 152 |
registrar in monitoring compliance with the orders of suspension | 153 |
or impoundment. | 154 |
(d) Send written notification to every person to whom the | 155 |
order pertains, at the person's last known address as shown on the | 156 |
records of the bureau. The person, within ten days after the date | 157 |
of the mailing of the notification, shall surrender to the | 158 |
registrar, in a manner set forth in division (A)(4) of this | 159 |
section, any certificate of registration and registration plates | 160 |
under an order of impoundment, or any license under an order of | 161 |
suspension. | 162 |
(2) The registrar shall issue any order under division (B)(1) | 163 |
of this section without a hearing. Any person adversely affected | 164 |
by the order, within ten days after the issuance of the order, may | 165 |
request an administrative hearing before the registrar, who shall | 166 |
provide the person with an opportunity for a hearing in accordance | 167 |
with this paragraph. A request for a hearing does not operate as a | 168 |
suspension of the order. The scope of the hearing shall be limited | 169 |
to whether the person in fact demonstrated to the registrar proof | 170 |
of financial responsibility in accordance with this section. The | 171 |
registrar shall determine the date, time, and place of any | 172 |
hearing, provided that the hearing shall be held, and an order | 173 |
issued or findings made, within thirty days after the registrar | 174 |
receives a request for a hearing. If requested by the person in | 175 |
writing, the registrar may designate as the place of hearing the | 176 |
county seat of the county in which the person resides or a place | 177 |
within fifty miles of the person's residence. The person shall pay | 178 |
the cost of the hearing before the registrar, if the registrar's | 179 |
order of suspension or impoundment is upheld. | 180 |
(C) Any order of suspension or impoundment issued under this | 181 |
section or division (B) of section 4509.37 of the Revised Code may | 182 |
be terminated at any time if the registrar determines upon a | 183 |
showing of proof of financial responsibility that the operator or | 184 |
owner of the motor vehicle was in compliance with division (A)(1) | 185 |
of this section at the time of the traffic offense, motor vehicle | 186 |
inspection, or accident that resulted in the order against the | 187 |
person. A determination may be made without a hearing. This | 188 |
division does not apply unless the person shows good cause for the | 189 |
person's failure to present satisfactory proof of financial | 190 |
responsibility to the registrar prior to the issuance of the | 191 |
order. | 192 |
(D)(1)(a) For the purpose of enforcing this section, every | 193 |
peace officer is deemed an agent of the registrar. | 194 |
| 195 |
196 | |
officer's duties as authorized by law, becomes aware of a person | 197 |
whose license is under an order of suspension, or whose | 198 |
certificate of registration and license plates are under an order | 199 |
of impoundment, pursuant to this section, may confiscate the | 200 |
license, certificate of registration, and license plates, and | 201 |
return them to the registrar. | 202 |
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(2) A peace officer shall request the owner or operator of a | 214 |
motor vehicle to produce proof of financial responsibility in a | 215 |
manner described in division (G) of this section at the time the | 216 |
peace officer acts to enforce the traffic laws of this state and | 217 |
during motor vehicle inspections conducted pursuant to section | 218 |
4513.02 of the Revised Code. | 219 |
(3) A peace officer shall indicate on every traffic ticket | 220 |
whether the person receiving the traffic ticket produced proof of | 221 |
the maintenance of financial responsibility in response to the | 222 |
officer's request under division (D)(2) of this section. The | 223 |
peace officer shall inform every person who receives a traffic | 224 |
ticket and who has failed to produce proof of the maintenance of | 225 |
financial responsibility that the person must submit proof to the | 226 |
traffic violations bureau with any payment of a fine and costs for | 227 |
the ticketed violation or, if the person is to appear in court for | 228 |
the violation, the person must submit proof to the court. | 229 |
(4)(a) If a person who has failed to produce proof of the | 230 |
maintenance of financial responsibility appears in court for a | 231 |
ticketed violation, the court may permit the defendant to present | 232 |
evidence of proof of financial responsibility to the court at such | 233 |
time and in such manner as the court determines to be necessary or | 234 |
appropriate. In a manner prescribed by the registrar, the clerk of | 235 |
courts shall provide the registrar with the identity of any person | 236 |
who fails to submit proof of the maintenance of financial | 237 |
responsibility pursuant to division (D)(3) of this section. | 238 |
(b) If a person who has failed to produce proof of the | 239 |
maintenance of financial responsibility also fails to submit that | 240 |
proof to the traffic violations bureau with payment of a fine and | 241 |
costs for the ticketed violation, the traffic violations bureau, | 242 |
in a manner prescribed by the registrar, shall notify the | 243 |
registrar of the identity of that person. | 244 |
(5)(a) Upon receiving notice from a clerk of courts or | 245 |
traffic violations bureau pursuant to division (D)(4) of this | 246 |
section, the registrar shall order the suspension of the license | 247 |
of the person required under division (A)(2)(a), (b), or (c) of | 248 |
this section and the impoundment of the person's certificate of | 249 |
registration and license plates required under division (A)(2)(d) | 250 |
of this section, effective thirty days after the date of the | 251 |
mailing of notification. The registrar also shall notify the | 252 |
person that the person must present the registrar with proof of | 253 |
financial responsibility in accordance with this section, | 254 |
surrender to the registrar the person's certificate of | 255 |
registration, license plates, and license, or submit a statement | 256 |
subject to section 2921.13 of the Revised Code that the person did | 257 |
not operate or permit the operation of the motor vehicle at the | 258 |
time of the offense. Notification shall be in writing and shall | 259 |
be sent to the person at the person's last known address as shown | 260 |
on the records of the bureau of motor vehicles. The person, within | 261 |
fifteen days after the date of the mailing of notification, shall | 262 |
present proof of financial responsibility, surrender the | 263 |
certificate of registration, license plates, and license to the | 264 |
registrar in a manner set forth in division (A)(4) of this | 265 |
section, or submit the statement required under this section | 266 |
together with other information the person considers appropriate. | 267 |
If the registrar does not receive proof or the person does | 268 |
not surrender the certificate of registration, license plates, and | 269 |
license, in accordance with this division, the registrar shall | 270 |
permit the order for the suspension of the license of the person | 271 |
and the impoundment of the person's certificate of registration | 272 |
and license plates to take effect. | 273 |
(b) In the case of a person who presents, within the | 274 |
fifteen-day period, documents to show proof of financial | 275 |
responsibility, the registrar shall terminate the order of | 276 |
suspension and the impoundment of the registration and license | 277 |
plates required under division (A)(2)(d) of this section and shall | 278 |
send written notification to the person, at the person's last | 279 |
known address as shown on the records of the bureau. | 280 |
(c) Any person adversely affected by the order of the | 281 |
registrar under division (D)(5)(a) or (b) of this section, within | 282 |
ten days after the issuance of the order, may request an | 283 |
administrative hearing before the registrar, who shall provide the | 284 |
person with an opportunity for a hearing in accordance with this | 285 |
paragraph. A request for a hearing does not operate as a | 286 |
suspension of the order. The scope of the hearing shall be limited | 287 |
to whether, at the time of the hearing, the person presents proof | 288 |
of financial responsibility covering the vehicle and whether the | 289 |
person is eligible for an exemption in accordance with this | 290 |
section or any rule adopted under it. The registrar shall | 291 |
determine the date, time, and place of any hearing; provided, that | 292 |
the hearing shall be held, and an order issued or findings made, | 293 |
within thirty days after the registrar receives a request for a | 294 |
hearing. If requested by the person in writing, the registrar may | 295 |
designate as the place of hearing the county seat of the county in | 296 |
which the person resides or a place within fifty miles of the | 297 |
person's residence. Such person shall pay the cost of the hearing | 298 |
before the registrar, if the registrar's order of suspension or | 299 |
impoundment under division (D)(5)(a) or (b) of this section is | 300 |
upheld. | 301 |
(6) A peace officer may charge an owner or operator of a | 302 |
motor vehicle with a violation of section 4510.16 of the Revised | 303 |
Code when the owner or operator fails to show proof of the | 304 |
maintenance of financial responsibility pursuant to a peace | 305 |
officer's request under division (D)(2) of this section, if a | 306 |
check of the owner or operator's driving record indicates that the | 307 |
owner or operator, at the time of the operation of the motor | 308 |
vehicle, is required to file and maintain proof of financial | 309 |
responsibility under section 4509.45 of the Revised Code for a | 310 |
previous violation of this chapter. | 311 |
(7) Any forms used by law enforcement agencies in | 312 |
administering this section shall be prescribed, supplied, and paid | 313 |
for by the registrar. | 314 |
(8) No peace officer, law enforcement agency employing a | 315 |
peace officer, or political subdivision or governmental agency | 316 |
that employs a peace officer shall be liable in a civil action for | 317 |
damages or loss to persons arising out of the performance of any | 318 |
duty required or authorized by this section. | 319 |
(9) As used in this division and divisions (E) and (G) of | 320 |
this section, "peace officer" has the meaning set forth in section | 321 |
2935.01 of the Revised Code. | 322 |
(E) All fees, except court costs, collected under this | 323 |
section shall be paid into the state treasury to the credit of the | 324 |
financial responsibility compliance fund. The financial | 325 |
responsibility compliance fund shall be used exclusively to cover | 326 |
costs incurred by the bureau in the administration of this section | 327 |
and sections 4503.20, 4507.212, and 4509.81 of the Revised Code, | 328 |
and by any law enforcement agency employing any peace officer who | 329 |
returns any license, certificate of registration, and license | 330 |
plates to the registrar pursuant to division (C) of this section, | 331 |
except that the director of budget and management may transfer | 332 |
excess money from the financial responsibility compliance fund to | 333 |
the state bureau of motor vehicles fund if the registrar | 334 |
determines that the amount of money in the financial | 335 |
responsibility compliance fund exceeds the amount required to | 336 |
cover such costs incurred by the bureau or a law enforcement | 337 |
agency and requests the director to make the transfer. | 338 |
All investment earnings of the financial responsibility | 339 |
compliance fund shall be credited to the fund. | 340 |
(F) Chapter 119. of the Revised Code applies to this section | 341 |
only to the extent that any provision in that chapter is not | 342 |
clearly inconsistent with this section. | 343 |
(G)(1) The registrar, court, traffic violations bureau, or | 344 |
peace officer may require proof of financial responsibility to be | 345 |
demonstrated by use of a standard form prescribed by the | 346 |
registrar. If the use of a standard form is not required, a person | 347 |
may demonstrate proof of financial responsibility under this | 348 |
section by presenting to the traffic violations bureau, court, | 349 |
registrar, or peace officer any of the following documents or a | 350 |
copy of the documents: | 351 |
(a) A financial responsibility identification card as | 352 |
provided in section 4509.103 of the Revised Code; | 353 |
(b) A certificate of proof of financial responsibility on a | 354 |
form provided and approved by the registrar for the filing of an | 355 |
accident report required to be filed under section 4509.06 of the | 356 |
Revised Code; | 357 |
(c) A policy of liability insurance, a declaration page of a | 358 |
policy of liability insurance, or liability bond, if the policy or | 359 |
bond complies with section 4509.20 or sections 4509.49 to 4509.61 | 360 |
of the Revised Code; | 361 |
(d) A bond or certification of the issuance of a bond as | 362 |
provided in section 4509.59 of the Revised Code; | 363 |
(e) A certificate of deposit of money or securities as | 364 |
provided in section 4509.62 of the Revised Code; | 365 |
(f) A certificate of self-insurance as provided in section | 366 |
4509.72 of the Revised Code. | 367 |
(2) If a person fails to demonstrate proof of financial | 368 |
responsibility in a manner described in division (G)(1) of this | 369 |
section, the person may demonstrate proof of financial | 370 |
responsibility under this section by any other method that the | 371 |
court or the bureau, by reason of circumstances in a particular | 372 |
case, may consider appropriate. | 373 |
(3) A motor carrier certificated by the interstate commerce | 374 |
commission or by the public utilities commission may demonstrate | 375 |
proof of financial responsibility by providing a statement | 376 |
designating the motor carrier's operating authority and averring | 377 |
that the insurance coverage required by the certificating | 378 |
authority is in full force and effect. | 379 |
(4)(a) A finding by the registrar or court that a person is | 380 |
covered by proof of financial responsibility in the form of an | 381 |
insurance policy or surety bond is not binding upon the named | 382 |
insurer or surety or any of its officers, employees, agents, or | 383 |
representatives and has no legal effect except for the purpose of | 384 |
administering this section. | 385 |
(b) The preparation and delivery of a financial | 386 |
responsibility identification card or any other document | 387 |
authorized to be used as proof of financial responsibility under | 388 |
this division does not do any of the following: | 389 |
(i) Create any liability or estoppel against an insurer or | 390 |
surety, or any of its officers, employees, agents, or | 391 |
representatives; | 392 |
(ii) Constitute an admission of the existence of, or of any | 393 |
liability or coverage under, any policy or bond; | 394 |
(iii) Waive any defenses or counterclaims available to an | 395 |
insurer, surety, agent, employee, or representative in an action | 396 |
commenced by an insured or third-party claimant upon a cause of | 397 |
action alleged to have arisen under an insurance policy or surety | 398 |
bond or by reason of the preparation and delivery of a document | 399 |
for use as proof of financial responsibility. | 400 |
(c) Whenever it is determined by a final judgment in a | 401 |
judicial proceeding that an insurer or surety, which has been | 402 |
named on a document accepted by a court or the registrar as proof | 403 |
of financial responsibility covering the operation of a motor | 404 |
vehicle at the time of an accident or offense, is not liable to | 405 |
pay a judgment for injuries or damages resulting from such | 406 |
operation, the registrar, notwithstanding any previous contrary | 407 |
finding, shall forthwith suspend the operating privileges and | 408 |
registration rights of the person against whom the judgment was | 409 |
rendered as provided in division (A)(2) of this section. | 410 |
(H) In order for any document described in division (G)(1)(b) | 411 |
of this section to be used for the demonstration of proof of | 412 |
financial responsibility under this section, the document shall | 413 |
state the name of the insured or obligor, the name of the insurer | 414 |
or surety company, and the effective and expiration dates of the | 415 |
financial responsibility, and designate by explicit description or | 416 |
by appropriate reference all motor vehicles covered which may | 417 |
include a reference to fleet insurance coverage. | 418 |
(I) For purposes of this section, "owner" does not include a | 419 |
licensed motor vehicle leasing dealer as defined in section | 420 |
4517.01 of the Revised Code, but does include a motor vehicle | 421 |
renting dealer as defined in section 4549.65 of the Revised Code. | 422 |
Nothing in this section or in section 4509.51 of the Revised Code | 423 |
shall be construed to prohibit a motor vehicle renting dealer from | 424 |
entering into a contractual agreement with a person whereby the | 425 |
person renting the motor vehicle agrees to be solely responsible | 426 |
for maintaining proof of financial responsibility, in accordance | 427 |
with this section, with respect to the operation, maintenance, or | 428 |
use of the motor vehicle during the period of the motor vehicle's | 429 |
rental. | 430 |
(J) The purpose of this section is to require the maintenance | 431 |
of proof of financial responsibility with respect to the operation | 432 |
of motor vehicles on the highways of this state, so as to minimize | 433 |
those situations in which persons are not compensated for injuries | 434 |
and damages sustained in motor vehicle accidents. The general | 435 |
assembly finds that this section contains reasonable civil | 436 |
penalties and procedures for achieving this purpose. | 437 |
(K) Nothing in this section shall be construed to be subject | 438 |
to section 4509.78 of the Revised Code. | 439 |
(L)(1) The registrar may terminate any suspension imposed | 440 |
under this section and not require the owner to comply with | 441 |
divisions (A)(5)(a), (b), and (c) of this section if the registrar | 442 |
with or without a hearing determines that the owner of the vehicle | 443 |
has established by clear and convincing evidence that all of the | 444 |
following apply: | 445 |
(a) The owner customarily maintains proof of financial | 446 |
responsibility. | 447 |
(b) Proof of financial responsibility was not in effect for | 448 |
the vehicle on the date in question for one of the following | 449 |
reasons: | 450 |
(i) The vehicle was inoperable. | 451 |
(ii) The vehicle is operated only seasonally, and the date in | 452 |
question was outside the season of operation. | 453 |
(iii) A person other than the vehicle owner or driver was at | 454 |
fault for the lapse of proof of financial responsibility through | 455 |
no fault of the owner or driver. | 456 |
(iv) The lapse of proof of financial responsibility was | 457 |
caused by excusable neglect under circumstances that are not | 458 |
likely to recur and do not suggest a purpose to evade the | 459 |
requirements of this chapter. | 460 |
(2) The registrar may grant an owner or driver relief for a | 461 |
reason specified in division | 462 |
463 | |
464 | |
465 | |
466 | |
section only if the owner or driver has not previously been | 467 |
granted relief under division (L)(1)(b)(iii) or (iv) of this | 468 |
section. | 469 |
(M) The registrar shall adopt rules in accordance with | 470 |
Chapter 119. of the Revised Code that are necessary to administer | 471 |
and enforce this section. The rules shall include procedures for | 472 |
the surrender of license plates upon failure to maintain proof of | 473 |
financial responsibility and provisions relating to reinstatement | 474 |
of registration rights, acceptable forms of proof of financial | 475 |
responsibility, and verification of the existence of financial | 476 |
responsibility during the period of registration. | 477 |
Sec. 4510.04. It is an affirmative defense to any | 478 |
prosecution brought under section 4510.11, 4510.14, 4510.16, or | 479 |
4510.21 of the Revised Code or under any substantially equivalent | 480 |
municipal ordinance that the alleged offender drove under | 481 |
suspension, without a valid permit or driver's or commercial | 482 |
driver's license, or in violation of a restriction because of a | 483 |
substantial emergency, and because no other person was reasonably | 484 |
available to drive in response to the emergency. | 485 |
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489 | |
490 | |
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492 | |
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494 | |
495 |
Section 2. That existing sections 4509.101 and 4510.04 of | 496 |
the Revised Code are hereby repealed. | 497 |
Section 3. That Section 3 of Am. Sub. S.B. 20 of the 120th | 498 |
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd | 499 |
General Assembly and Am. Sub. H.B. 163 of the 123rd General | 500 |
Assembly, is hereby repealed. | 501 |