Bill Text: OH HB528 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To exempt farm trucks and farm buses from the vehicle registration late fee, to establish a mandatory waiver of the registration late fee for vehicles used on a seasonal basis, and to allow the Director of Public Safety to approve a course in remedial driving instruction that is conducted entirely by video teleconferencing or the internet under specified circumstances.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-05-24 - To Finance & Appropriations [HB528 Detail]

Download: Ohio-2009-HB528-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 528

Representatives Pryor, Phillips 

Cosponsors: Representatives Amstutz, Balderson, Book, Boose, Brown, Derickson, Evans, Fende, Garland, Hottinger, Murray, Newcomb, Patten, Ruhl, Williams, B., Zehringer 

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A BILL

To amend sections 4503.04, 4510.037, and 4510.038 of

1

the Revised Code to exempt farm trucks and farm

2

buses from the vehicle registration late fee, to

3

establish a mandatory waiver of the registration

4

late fee for vehicles used on a seasonal basis,

5

and to allow the Director of Public Safety to

6

approve a course in remedial driving instruction

7

that is conducted entirely by video

8

teleconferencing or the internet under specified

9

circumstances.

10

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

Section 1. That sections 4503.04, 4510.037, and 4510.038 of	11
the Revised Code be amended to read as follows:	12

Sec. 4503.04.  Except as provided in sections 4503.042 and	13
4503.65 of the Revised Code for the registration of commercial	14
cars, trailers, semitrailers, and certain buses, the rates of the	15
taxes imposed by section 4503.02 of the Revised Code shall be as	16
follows:	17

(A) For motor vehicles having three wheels or less, the	18
license tax is:	19

(1) For each motorized bicycle, ten dollars;

20

(2) For each motorcycle, fourteen dollars.

21

(B) For each passenger car, twenty dollars;

22

(C) For each manufactured home, each mobile home, and each	23
travel trailer, ten dollars;	24

(D) For each noncommercial motor vehicle designed by the	25
manufacturer to carry a load of no more than three-quarters of one	26
ton and for each motor home, thirty-five dollars; for each	27
noncommercial motor vehicle designed by the manufacturer to carry	28
a load of more than three-quarters of one ton, but not more than	29
one ton, seventy dollars;	30

(E) For each noncommercial trailer, the license tax is:

31

(1) Eighty-five cents for each one hundred pounds or part	32
thereof for the first two thousand pounds or part thereof of	33
weight of vehicle fully equipped;	34

(2) One dollar and forty cents for each one hundred pounds or	35
part thereof in excess of two thousand pounds up to and including	36
three thousand pounds.	37

(F) Notwithstanding its weight, twelve dollars for any:

38

(1) Vehicle equipped, owned, and used by a charitable or	39
nonprofit corporation exclusively for the purpose of administering	40
chest x-rays or receiving blood donations;	41

(2) Van used principally for the transportation of	42
handicapped persons that has been modified by being equipped with	43
adaptive equipment to facilitate the movement of such persons into	44
and out of the van;	45

(3) Bus used principally for the transportation of	46
handicapped persons or persons sixty-five years of age or older;.	47

(G) Notwithstanding its weight, twenty dollars for any bus	48
used principally for the transportation of persons in a	49
ridesharing arrangement.	50

(H) For each transit bus having motor power the license tax	51
is twelve dollars.	52

"Transit bus" means either a motor vehicle having a seating	53
capacity of more than seven persons which is operated and used by	54
any person in the rendition of a public mass transportation	55
service primarily in a municipal corporation or municipal	56
corporations and provided at least seventy-five per cent of the	57
annual mileage of such service and use is within such municipal	58
corporation or municipal corporations or a motor vehicle having a	59
seating capacity of more than seven persons which is operated	60
solely for the transportation of persons associated with a	61
charitable or nonprofit corporation, but does not mean any motor	62
vehicle having a seating capacity of more than seven persons when	63
such vehicle is used in a ridesharing capacity or any bus	64
described by division (F)(3) of this section.	65

The application for registration of such transit bus shall be	66
accompanied by an affidavit prescribed by the registrar of motor	67
vehicles and signed by the person or an agent of the firm or	68
corporation operating such bus stating that the bus has a seating	69
capacity of more than seven persons, and that it is either to be	70
operated and used in the rendition of a public mass transportation	71
service and that at least seventy-five per cent of the annual	72
mileage of such operation and use shall be within one or more	73
municipal corporations or that it is to be operated solely for the	74
transportation of persons associated with a charitable or	75
nonprofit corporation.	76

The form of the license plate, and the manner of its	77
attachment to the vehicle, shall be prescribed by the registrar of	78
motor vehicles.	79

(I) The minimum tax for any vehicle having motor power other	80
than a farm truck, a motorized bicycle, or motorcycle is ten	81
dollars and eighty cents, and for each noncommercial trailer, five	82
dollars.	83

(J)(1) Except as otherwise provided in division (J) of this	84
section, for each farm truck, except a noncommercial motor	85
vehicle, that is owned, controlled, or operated by one or more	86
farmers exclusively in farm use as defined in this section, and	87
not for commercial purposes, and provided that at least	88
seventy-five per cent of such farm use is by or for the one or	89
more owners, controllers, or operators of the farm in the	90
operation of which a farm truck is used, the license tax is five	91
dollars plus:	92

(a) Fifty cents per one hundred pounds or part thereof for	93
the first three thousand pounds;	94

(b) Seventy cents per one hundred pounds or part thereof in	95
excess of three thousand pounds up to and including four thousand	96
pounds;	97

(c) Ninety cents per one hundred pounds or part thereof in	98
excess of four thousand pounds up to and including six thousand	99
pounds;	100

(d) Two dollars for each one hundred pounds or part thereof	101
in excess of six thousand pounds up to and including ten thousand	102
pounds;	103

(e) Two dollars and twenty-five cents for each one hundred	104
pounds or part thereof in excess of ten thousand pounds;	105

(f) The minimum license tax for any farm truck shall be	106
twelve dollars.	107

(2) The owner of a farm truck may register the truck for a	108
period of one-half year by paying one-half the registration tax	109
imposed on the truck under this chapter and one-half the amount of	110
any tax imposed on the truck under Chapter 4504. of the Revised	111
Code.	112

(3) A farm bus may be registered for a period of ninety days	113
from the date of issue of the license plates for the bus, for a	114
fee of ten dollars, provided such license plates shall not be	115
issued for more than any two ninety-day periods in any calendar	116
year. Such use does not include the operation of trucks by	117
commercial processors of agricultural products.	118

(4) License plates for farm trucks and for farm buses shall	119
have some distinguishing marks, letters, colors, or other	120
characteristics to be determined by the director of public safety.	121

(5) Every person registering a farm truck or bus under this	122
section shall furnish an affidavit certifying that the truck or	123
bus licensed to that person is to be so used as to meet the	124
requirements necessary for the farm truck or farm bus	125
classification.	126

Any farmer may use a truck owned by the farmer for commercial	127
purposes by paying the difference between the commercial truck	128
registration fee and the farm truck registration fee for the	129
remaining part of the registration period for which the truck is	130
registered. Such remainder shall be calculated from the beginning	131
of the semiannual period in which application for such commercial	132
license is made.	133

Taxes at the rates provided in this section are in lieu of	134
all taxes on or with respect to the ownership of such motor	135
vehicles, except as provided in section 4503.042 and section	136
4503.06 of the Revised Code.	137

(K) Other than trucks registered under the international	138
registration plan in another jurisdiction and for which this state	139
has received an apportioned registration fee, the license tax for	140
each truck which is owned, controlled, or operated by a	141
nonresident, and licensed in another state, and which is used	142
exclusively for the transportation of nonprocessed agricultural	143
products intrastate, from the place of production to the place of	144
processing, is twenty-four dollars.	145

"Truck," as used in this division, means any pickup truck,	146
straight truck, semitrailer, or trailer other than a travel	147
trailer. Nonprocessed agricultural products, as used in this	148
division, does not include livestock or grain.	149

A license issued under this division shall be issued for a	150
period of one hundred thirty days in the same manner in which all	151
other licenses are issued under this section, provided that no	152
truck shall be so licensed for more than one	153
one-hundred-thirty-day period during any calendar year.	154

The license issued pursuant to this division shall consist of	155
a windshield decal to be designed by the director of public	156
safety.	157

Every person registering a truck under this division shall	158
furnish an affidavit certifying that the truck licensed to the	159
person is to be used exclusively for the purposes specified in	160
this division.	161

(L) Every person registering a motor vehicle as a	162
noncommercial motor vehicle as defined in section 4501.01 of the	163
Revised Code, or registering a trailer as a noncommercial trailer	164
as defined in that section, shall furnish an affidavit certifying	165
that the motor vehicle or trailer so licensed to the person is to	166
be so used as to meet the requirements necessary for the	167
noncommercial vehicle classification.	168

(M) Every person registering a van or bus as provided in	169
divisions (F)(2) and (3) of this section shall furnish a notarized	170
statement certifying that the van or bus licensed to the person is	171
to be used for the purposes specified in those divisions. The form	172
of the license plate issued for such motor vehicles shall be	173
prescribed by the registrar.	174

(N) Every person registering as a passenger car a motor	175
vehicle designed and used for carrying more than nine but not more	176
than fifteen passengers, and every person registering a bus as	177
provided in division (G) of this section, shall furnish an	178
affidavit certifying that the vehicle so licensed to the person is	179
to be used in a ridesharing arrangement and that the person will	180
have in effect whenever the vehicle is used in a ridesharing	181
arrangement a policy of liability insurance with respect to the	182
motor vehicle in amounts and coverages no less than those required	183
by section 4509.79 of the Revised Code. The form of the license	184
plate issued for such a motor vehicle shall be prescribed by the	185
registrar.	186

(O)(1) Commencing on October 1, 2009, if an application for	187
registration renewal is not applied for prior to the expiration	188
date of the registration or within seven days after that date, the	189
registrar or deputy registrar shall collect a fee of twenty	190
dollars for the issuance of the vehicle registration, but. For any	191
motor vehicle that is used on a seasonal basis, whether used for	192
general transportation or not, and that has not been used on the	193
public roads or highways since the expiration of the registration,	194
the registrar or deputy registrar shall waive the fee established	195
under this division if the application is accompanied by	196
supporting evidence of seasonal use as the registrar may require.	197
The registrar or deputy registrar may waive the fee for other good	198
cause shown if the application is accompanied by supporting	199
evidence as the registrar may require. The fee shall be in	200
addition to all other fees established by this section. A deputy	201
registrar shall retain fifty cents of the fee and shall transmit	202
the remaining amount to the registrar at the time and in the	203
manner provided by section 4503.10 of the Revised Code. The	204
registrar shall deposit all moneys received under this division	205
into the state highway safety fund established in section 4501.06	206
of the Revised Code.	207

(2) Division (O)(1) of this section does not apply to a farm	208
truck or farm bus registered under division (J) of this section.	209

(P) As used in this section:

210

(1) "Van" means any motor vehicle having a single rear axle	211
and an enclosed body without a second seat.	212

(2) "Handicapped person" means any person who has lost the	213
use of one or both legs, or one or both arms, or is blind, deaf,	214
or so severely disabled as to be unable to move about without the	215
aid of crutches or a wheelchair.	216

(3) "Farm truck" means a truck used in the transportation	217
from the farm of products of the farm, including livestock and its	218
products, poultry and its products, floricultural and	219
horticultural products, and in the transportation to the farm of	220
supplies for the farm, including tile, fence, and every other	221
thing or commodity used in agricultural, floricultural,	222
horticultural, livestock, and poultry production and livestock,	223
poultry, and other animals and things used for breeding, feeding,	224
or other purposes connected with the operation of the farm.	225

(4) "Farm bus" means a bus used only for the transportation	226
of agricultural employees and used only in the transportation of	227
such employees as are necessary in the operation of the farm.	228

(5) "Farm supplies" includes fuel used exclusively in the	229
operation of a farm, including one or more homes located on and	230
used in the operation of one or more farms, and furniture and	231
other things used in and around such homes.	232

Sec. 4510.037.  (A) When the registrar of motor vehicles	233
determines that the total points charged against any person under	234
section 4510.036 of the Revised Code exceed five, the registrar	235
shall send a warning letter to the person at the person's last	236
known address by regular mail. The warning letter shall list the	237
reported violations that are the basis of the points charged, list	238
the number of points charged for each violation, and outline the	239
suspension provisions of this section.	240

(B) When the registrar determines that the total points	241
charged against any person under section 4510.036 of the Revised	242
Code within any two-year period beginning on the date of the first	243
conviction within the two-year period is equal to twelve or more,	244
the registrar shall send a written notice to the person at the	245
person's last known address by regular mail. The notice shall list	246
the reported violations that are the basis of the points charged,	247
list the number of points charged for each violation, and state	248
that, because the total number of points charged against the	249
person within the applicable two-year period is equal to twelve or	250
more, the registrar is imposing a class D suspension of the	251
person's driver's or commercial driver's license or permit or	252
nonresident operating privileges for the period of time specified	253
in division (B)(4) of section 4510.02 of the Revised Code. The	254
notice also shall state that the suspension is effective on the	255
twentieth day after the mailing of the notice, unless the person	256
files a petition appealing the determination and suspension in the	257
municipal court, county court, or, if the person is under the age	258
of eighteen, the juvenile division of the court of common pleas in	259
whose jurisdiction the person resides or, if the person is not a	260
resident of this state, in the Franklin county municipal court or	261
juvenile division of the Franklin county court of common pleas. By	262
filing the appeal of the determination and suspension, the person	263
agrees to pay the cost of the proceedings in the appeal of the	264
determination and suspension and alleges that the person can show	265
cause why the person's driver's or commercial driver's license or	266
permit or nonresident operating privileges should not be	267
suspended.	268

(C)(1) Any person against whom at least two but less than	269
twelve points have been charged under section 4510.036 of the	270
Revised Code may enroll in a course of remedial driving	271
instruction that is approved by the director of public safety.	272
Upon the person's completion of an approved course of remedial	273
driving instruction, the person may apply to the registrar on a	274
form prescribed by the registrar for a credit of two points on the	275
person's driving record. Upon receipt of the application and proof	276
of completion of the approved remedial driving course, the	277
registrar shall approve the two-point credit. The registrar shall	278
not approve any credits for a person who completes an approved	279
course of remedial driving instruction pursuant to a judge's order	280
under section 4510.02 of the Revised Code.	281

(2) In any three-year period, the registrar shall approve	282
only one two-point credit on a person's driving record under	283
division (C)(1) of this section. The registrar shall approve not	284
more than five two-point credits on a person's driving record	285
under division (C)(1) of this section during that person's	286
lifetime.	287

(D) When a judge of a court of record suspends a person's	288
driver's or commercial driver's license or permit or nonresident	289
operating privilege and charges points against the person under	290
section 4510.036 of the Revised Code for the offense that resulted	291
in the suspension, the registrar shall credit that period of	292
suspension against the time of any subsequent suspension imposed	293
under this section for which those points were used to impose the	294
subsequent suspension. When a United States district court that	295
has jurisdiction within this state suspends a person's driver's or	296
commercial driver's license or permit or nonresident operating	297
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.	298
4381 (1988), 18 U.S.C.A. 13, as amended, the district court	299
prepares an abstract pursuant to section 4510.031 of the Revised	300
Code, and the district court charges points against the person	301
under section 4510.036 of the Revised Code for the offense that	302
resulted in the suspension, the registrar shall credit the period	303
of suspension imposed by the district court against the time of	304
any subsequent suspension imposed under this section for which the	305
points were used to impose the subsequent suspension.	306

(E) The registrar, upon the written request of a licensee who	307
files a petition under division (B) of this section, shall furnish	308
the licensee a certified copy of the registrar's record of the	309
convictions and bond forfeitures of the person. This record shall	310
include the name, address, and date of birth of the licensee; the	311
name of the court in which each conviction or bail forfeiture took	312
place; the nature of the offense that was the basis of the	313
conviction or bond forfeiture; and any other information that the	314
registrar considers necessary. If the record indicates that twelve	315
points or more have been charged against the person within a	316
two-year period, it is prima-facie evidence that the person is a	317
repeat traffic offender, and the registrar shall suspend the	318
person's driver's or commercial driver's license or permit or	319
nonresident operating privilege pursuant to division (B) of this	320
section.	321

In hearing the petition and determining whether the person	322
filing the petition has shown cause why the person's driver's or	323
commercial driver's license or permit or nonresident operating	324
privilege should not be suspended, the court shall decide the	325
issue on the record certified by the registrar and any additional	326
relevant, competent, and material evidence that either the	327
registrar or the person whose license is sought to be suspended	328
submits.	329

(F) If a petition is filed under division (B) of this section	330
in a county court, the prosecuting attorney of the county in which	331
the case is pending shall represent the registrar in the	332
proceedings, except that, if the petitioner resides in a municipal	333
corporation within the jurisdiction of the county court, the city	334
director of law, village solicitor, or other chief legal officer	335
of the municipal corporation shall represent the registrar in the	336
proceedings. If a petition is filed under division (B) of this	337
section in a municipal court, the registrar shall be represented	338
in the resulting proceedings as provided in section 1901.34 of the	339
Revised Code.	340

(G) If the court determines from the evidence submitted that	341
a person who filed a petition under division (B) of this section	342
has failed to show cause why the person's driver's or commercial	343
driver's license or permit or nonresident operating privileges	344
should not be suspended, the court shall assess against the person	345
the cost of the proceedings in the appeal of the determination and	346
suspension and shall impose the applicable suspension under this	347
section or suspend all or a portion of the suspension and impose	348
any conditions upon the person that the court considers proper or	349
impose upon the person a community control sanction pursuant to	350
section 2929.15 or 2929.25 of the Revised Code. If the court	351
determines from the evidence submitted that a person who filed a	352
petition under division (B) of this section has shown cause why	353
the person's driver's or commercial driver's license or permit or	354
nonresident operating privileges should not be suspended, the	355
costs of the appeal proceeding shall be paid out of the county	356
treasury of the county in which the proceedings were held.	357

(H) Any person whose driver's or commercial driver's license	358
or permit or nonresident operating privileges are suspended under	359
this section is not entitled to apply for or receive a new	360
driver's or commercial driver's license or permit or to request or	361
be granted nonresident operating privileges during the effective	362
period of the suspension.	363

(I) Upon the termination of any suspension or other penalty	364
imposed under this section involving the surrender of license or	365
permit and upon the request of the person whose license or permit	366
was suspended or surrendered, the registrar shall return the	367
license or permit to the person upon determining that the person	368
has complied with all provisions of section 4510.038 of the	369
Revised Code or, if the registrar destroyed the license or permit	370
pursuant to section 4510.52 of the Revised Code, shall reissue the	371
person's license or permit.	372

(J) Any person whose driver's or commercial driver's license	373
or permit or nonresident operating privileges are suspended as a	374
repeat traffic offender under this section and who, during the	375
suspension, operates any motor vehicle upon any public roads and	376
highways is guilty of a misdemeanor of the first degree, and the	377
court shall sentence the offender to a minimum term of three days	378
in jail. No court shall suspend the first three days of jail time	379
imposed pursuant to this division.	380

(K) The registrar, in accordance with specific statutory	381
authority, may suspend the privilege of driving a motor vehicle on	382
the public roads and highways of this state that is granted to	383
nonresidents by section 4507.04 of the Revised Code.	384

(L) Any(1) Except as provided in division (L)(2) of this	385
section, any course of remedial driving instruction the director	386
of public safety approves under this section shall require its	387
students to attend at least fifty per cent of the course in	388
person. Theand the director shall not approve any course of	389
remedial driving instruction that permits its students to take	390
more than fifty per cent of the course in any other manner,	391
including via video teleconferencing or the internet.	392

(2) The director may approve a course of remedial instruction	393
that permits students to take the entire course via video	394
teleconferencing or the internet if the course is managed by a	395
person who is admitted to the practice of law in the state of Ohio	396
and whose principal place of business is in this state. In	397
accordance with division (C) of this section, upon receiving an	398
application with a certificate or other proof of completion of a	399
course approved under this division, the registrar shall approve	400
the two-point reduction.	401

Sec. 4510.038. (A) Any person whose driver's or commercial	402
driver's license or permit is suspended or who is granted limited	403
driving privileges under section 4510.037, under division (H) of	404
section 4511.19, or under section 4510.07 of the Revised Code for	405
a violation of a municipal ordinance that is substantially	406
equivalent to division (B) of section 4511.19 of the Revised Code	407
is not eligible to retain the license, or to have the driving	408
privileges reinstated, until each of the following has occurred:	409

(1) The person successfully completes a course of remedial	410
driving instruction approved by the director of public safety. A	411
minimum of twenty-five per cent of the number of hours of	412
instruction included in the course shall be devoted to instruction	413
on driver attitude.	414

The course also shall devote a number of hours to instruction	415
in the area of alcohol and drugs and the operation of vehicles.	416
The instruction shall include, but not be limited to, a review of	417
the laws governing the operation of a vehicle while under the	418
influence of alcohol, drugs, or a combination of them, the dangers	419
of operating a vehicle while under the influence of alcohol,	420
drugs, or a combination of them, and other information relating to	421
the operation of vehicles and the consumption of alcoholic	422
beverages and use of drugs. The director, in consultation with the	423
director of alcohol and drug addiction services, shall prescribe	424
the content of the instruction. The number of hours devoted to the	425
area of alcohol and drugs and the operation of vehicles shall	426
comprise a minimum of twenty-five per cent of the number of hours	427
of instruction included in the course.	428

(2) The person is examined in the manner provided for in	429
section 4507.20 of the Revised Code, and found by the registrar of	430
motor vehicles to be qualified to operate a motor vehicle;	431

(3) The person gives and maintains proof of financial	432
responsibility, in accordance with section 4509.45 of the Revised	433
Code.	434

(B) Any(1) Except as provided in division (B)(2) of this	435
section, any course of remedial driving instruction the director	436
of public safety approves under this section shall require its	437
students to attend at least fifty per cent of the course in	438
person. Theand the director shall not approve any course of	439
remedial driving instruction that permits its students to take	440
more than fifty per cent of the course in any other manner,	441
including via video teleconferencing or the internet.	442

(2) The director may approve a course of remedial instruction	443
that permits students to take the entire course via video	444
teleconferencing or the internet if the course is managed by a	445
person who is admitted to the practice of law in the state of Ohio	446
and whose principal place of business is in this state.	447

Section 2. That existing sections 4503.04, 4510.037, and	448
4510.038 of the Revised Code are hereby repealed.	449