Bill Text: OH SB235 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To establish a waiver for the commercial driver's license skills test for drivers with military commercial motor vehicle experience.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2011-10-11 - To Highways & Transportation [SB235 Detail]

Download: Ohio-2011-SB235-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 235

Senator Burke 

Cosponsors: Senators Kearney, Patton, Seitz 

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A BILL

To amend section 4506.09 of the Revised Code to

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establish a waiver for the commercial driver's

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license skills test for drivers with military

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commercial motor vehicle experience.

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

Section 1. That section 4506.09 of the Revised Code be	5
amended to read as follows:	6

Sec. 4506.09.  (A) The registrar of motor vehicles, subject	7
to approval by the director of public safety, shall adopt rules	8
conforming with applicable standards adopted by the federal motor	9
carrier safety administration as regulations under Pub. L. No.	10
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	11
31317. The rules shall establish requirements for the	12
qualification and testing of persons applying for a commercial	13
driver's license, which shall be in addition to other requirements	14
established by this chapter. Except as provided in division (B) of	15
this section, the highway patrol or any other employee of the	16
department of public safety the registrar authorizes shall	17
supervise and conduct the testing of persons applying for a	18
commercial driver's license.	19

(B) The director may adopt rules, in accordance with Chapter	20
119. of the Revised Code and applicable requirements of the	21
federal motor carrier safety administration, authorizing the	22
skills test specified in this section to be administered by any	23
person, by an agency of this or another state, or by an agency,	24
department, or instrumentality of local government. Each party	25
authorized under this division to administer the skills test may	26
charge a maximum divisible fee of eighty-five dollars for each	27
skills test given as part of a commercial driver's license	28
examination. The fee shall consist of not more than twenty dollars	29
for the pre-trip inspection portion of the test, not more than	30
twenty dollars for the off-road maneuvering portion of the test,	31
and not more than forty-five dollars for the on-road portion of	32
the test. Each such party may require an appointment fee in the	33
same manner provided in division (E)(F)(2) of this section, except	34
that the maximum amount such a party may require as an appointment	35
fee is eighty-five dollars. The skills test administered by	36
another party under this division shall be the same as otherwise	37
would be administered by this state. The other party shall enter	38
into an agreement with the director that, without limitation, does	39
all of the following:	40

(1) Allows the director or the director's representative and	41
the federal motor carrier safety administration or its	42
representative to conduct random examinations, inspections, and	43
audits of the other party without prior notice;	44

(2) Requires the director or the director's representative to	45
conduct on-site inspections of the other party at least annually;	46

(3) Requires that all examiners of the other party meet the	47
same qualification and training standards as examiners of the	48
department of public safety, to the extent necessary to conduct	49
skills tests in the manner required by 49 C.F.R. 383.110 through	50
383.135;	51

(4) Requires either that state employees take, at least	52
annually and as though the employees were test applicants, the	53
tests actually administered by the other party, that the director	54
test a sample of drivers who were examined by the other party to	55
compare the test results, or that state employees accompany a test	56
applicant during an actual test;	57

(5) Reserves to this state the right to take prompt and	58
appropriate remedial action against testers of the other party if	59
the other party fails to comply with standards of this state or	60
federal standards for the testing program or with any other terms	61
of the contract.	62

(C) The director shall enter into an agreement with the	63
department of education authorizing the skills test specified in	64
this section to be administered by the department at any location	65
operated by the department for purposes of training and testing	66
school bus drivers, provided that the agreement between the	67
director and the department complies with the requirements of	68
division (B) of this section. Skills tests administered by the	69
department shall be limited to persons applying for a commercial	70
driver's license with a school bus endorsement.	71

(D) The director shall adopt rules, in accordance with	72
Chapter 119. of the Revised Code, authorizing waiver of the skills	73
test specified in this section for any applicant for a commercial	74
driver's license who meets all of the following requirements:	75

(1) Certifies that, during the two-year period immediately	76
preceding application for a commercial driver's license, all of	77
the following apply:	78

(a) The applicant has not had more than one license.

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(b) The applicant has not had any license suspended, revoked,	80
or canceled.	81

(c) The applicant has not had any convictions for any type of	82
motor vehicle for the offenses for which disqualification is	83
prescribed in section 4506.16 of the Revised Code.	84

(d) The applicant has not had any violation of a state or	85
local law relating to motor vehicle traffic control other than a	86
parking violation arising in connection with any traffic accident	87
and has no record of an accident in which the applicant was at	88
fault.	89

(e) The applicant has previously taken and passed a skills	90
test given by a state with a classified licensing and testing	91
system in which the test was behind-the-wheel in a representative	92
vehicle for the applicant's commercial driver's license	93
classification.	94

(2) Certifies and also provides evidence that the applicant	95
is regularly employed in a job requiring operation of a commercial	96
motor vehicle and that one of the following applies:	97

(a) The applicant has previously taken and passed a skills	98
test given by a state with a classified licensing and testing	99
system in which the test was behind-the-wheel in a representative	100
vehicle for the applicant's commercial driver's license	101
classification.	102

(b) The applicant has regularly operated, for at least two	103
years immediately preceding application for a commercial driver's	104
license, a vehicle representative of the commercial motor vehicle	105
the applicant operates or expects to operate.	106

(E) The director shall adopt rules, in accordance with	107
Chapter 119. of the Revised Code, authorizing waiver of the skills	108
test specified in this section for any applicant for a commercial	109
driver's license who meets all of the following requirements:	110

(1) At the time of applying, is a member or uniformed	111
employee of the armed forces of the United States or their reserve	112
components, including the Ohio national guard, or separated from	113
such service or employment within the preceding ninety days;	114

(2) Certifies that, during the two-year period immediately	115
preceding application for a commercial driver's license, all of	116
the following apply:	117

(a) The applicant has not had more than one license,	118
excluding any military license.	119

(b) The applicant has not had any license suspended, revoked,	120
or canceled.	121

(c) The applicant has not had any convictions for any type of	122
motor vehicle for the offenses for which disqualification is	123
prescribed in section 4506.16 of the Revised Code.	124

(d) The applicant has not had more than one conviction for	125
any type of motor vehicle for a serious traffic violation.	126

(e) The applicant has not had any violation of a state or	127
local law relating to motor vehicle traffic control other than a	128
parking violation arising in connection with any traffic accident	129
and has no record of an accident in which the applicant was at	130
fault.	131

(3) In accordance with rules adopted by the director,	132
certifies and also provides evidence of all of the following:	133

(a) That the applicant is regularly employed or was regularly	134
employed within the preceding ninety days in a military position	135
requiring operation of a commercial motor vehicle;	136

(b) That the applicant was exempt from the requirements of	137
this chapter under division (B)(6) of section 4506.03 of the	138
Revised Code;	139

(c) That, for at least two years immediately preceding the	140
date of application or at least two years immediately preceding	141
the date the applicant separated from military service or	142
employment, the applicant regularly operated a vehicle	143
representative of the commercial motor vehicle type that the	144
applicant operates or expects to operate.	145

(F)(1) The department of public safety may charge and collect	146
a divisible fee of fifty dollars for each skills test given as	147
part of a commercial driver's license examination. The fee shall	148
consist of ten dollars for the pre-trip inspection portion of the	149
test, ten dollars for the off-road maneuvering portion of the	150
test, and thirty dollars for the on-road portion of the test.	151

(2) The director may require an applicant for a commercial	152
driver's license who schedules an appointment with the highway	153
patrol or other authorized employee of the department of public	154
safety to take all portions of the skills test, to pay an	155
appointment fee of fifty dollars at the time of scheduling the	156
appointment. If the applicant appears at the time and location	157
specified for the appointment and takes all portions of the skills	158
test during that appointment, the appointment fee shall serve as	159
the skills test fee. If the applicant schedules an appointment to	160
take all portions of the skills test and fails to appear at the	161
time and location specified for the appointment, no portion of the	162
appointment fee shall be refunded. If the applicant schedules an	163
appointment to take all portions of the skills test and appears at	164
the time and location specified for the appointment, but declines	165
or is unable to take all portions of the skills test, no portion	166
of the appointment fee shall be refunded. If the applicant cancels	167
a scheduled appointment forty-eight hours or more prior to the	168
time of the appointment time, the applicant shall not forfeit the	169
appointment fee.	170

An applicant for a commercial driver's license who schedules	171
an appointment to take one or more, but not all, portions of the	172
skills test shall be required to pay an appointment fee equal to	173
the costs of each test scheduled, as prescribed in division	174
(E)(F)(1) of this section, when scheduling such an appointment. If	175
the applicant appears at the time and location specified for the	176
appointment and takes all the portions of the skills test during	177
that appointment that the applicant was scheduled to take, the	178
appointment fee shall serve as the skills test fee. If the	179
applicant schedules an appointment to take one or more, but not	180
all, portions of the skills test and fails to appear at the time	181
and location specified for the appointment, no portion of the	182
appointment fee shall be refunded. If the applicant schedules an	183
appointment to take one or more, but not all, portions of the	184
skills test and appears at the time and location specified for the	185
appointment, but declines or is unable to take all portions of the	186
skills test that the applicant was scheduled to take, no portion	187
of the appointment fee shall be refunded. If the applicant cancels	188
a scheduled appointment forty-eight hours or more prior to the	189
time of the appointment time, the applicant shall not forfeit the	190
appointment fee.	191

(3) The department of public safety shall deposit all fees it	192
collects under division (E)(F) of this section in the state	193
highway safety fund.	194

(F)(G) As used in this section, "skills test" means a test of	195
an applicant's ability to drive the type of commercial motor	196
vehicle for which the applicant seeks a commercial driver's	197
license by having the applicant drive such a motor vehicle while	198
under the supervision of an authorized state driver's license	199
examiner or tester.	200

Section 2. That existing section 4506.09 of the Revised Code	201
is hereby repealed.	202