Bill Text: OH SB235 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To increase the penalties related to operating a commercial motor vehicle on the wrong side of an interstate freeway.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-11-13 - To Criminal Justice [SB235 Detail]

Download: Ohio-2013-SB235-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 235

Senator Cafaro 

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A BILL

To amend sections 4506.16 and 4511.35 of the Revised

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Code to increase the penalties related to

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operating a commercial motor vehicle on the wrong

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side of an interstate freeway.

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

Section 1. That sections 4506.16 and 4511.35 of the Revised	5
Code be amended to read as follows:	6

Sec. 4506.16.  (A) Any person who is found to have been	7
convicted of a violation of an out-of-service order shall be	8
disqualified by the registrar of motor vehicles as follows:	9

(1) If the person has not been convicted previously of a	10
violation of an out-of-service order, the period of	11
disqualification is one hundred eighty days.	12

(2) If, during any ten-year period, the driver is convicted	13
of a second violation of an out-of-service order in an incident	14
separate from the incident that resulted in the first violation,	15
the period of disqualification is two years.	16

(3) If, during any ten-year period, the driver is convicted	17
of a third or subsequent violation of an out-of-service order in	18
an incident separate from the incidents that resulted in the	19
previous violations during that ten-year period, the period of	20
disqualification is three years.	21

(B)(1) A driver is disqualified for one hundred eighty days	22
if the driver is convicted of a first violation of an	23
out-of-service order while transporting hazardous materials	24
required to be placarded under the "Hazardous Materials	25
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	26
amended, or while operating a motor vehicle designed to transport	27
sixteen or more passengers, including the driver.	28

(2) A driver is disqualified for a period of three years if,	29
during any ten-year period, the driver is convicted of a second or	30
subsequent violation, in an incident separate from the incident	31
that resulted in a previous violation during that ten-year period,	32
of an out-of-service order while transporting hazardous materials	33
required to be placarded under that act, or while operating a	34
motor vehicle designed to transport sixteen or more passengers,	35
including the driver.	36

(C) Whoever violates division (A)(1) of section 4506.15 of	37
the Revised Code or a similar law of another state or a foreign	38
jurisdiction, immediately shall be placed out-of-service for	39
twenty-four hours, in addition to any disqualification required by	40
this section and any other penalty imposed by the Revised Code.	41

(D) The registrar of motor vehicles shall disqualify any	42
holder of a commercial driver's license, or any operator of a	43
commercial motor vehicle for which a commercial driver's license	44
is required, from operating a commercial motor vehicle as follows:	45

(1) Upon a first conviction for a violation of any provision	46
of divisions (A)(2) to (12) of section 4506.15 of the Revised Code	47
or a similar law of another state or a foreign jurisdiction, or	48
upon a first suspension imposed under section 4511.191 of the	49
Revised Code or a similar law of another state or foreign	50
jurisdiction, one year;	51

(2) Upon a second conviction for a violation of any provision	52
of divisions (A)(2) to (12) of section 4506.15 of the Revised Code	53
or a similar law of another state or a foreign jurisdiction, or	54
upon a second suspension imposed under section 4511.191 of the	55
Revised Code or a similar law of another state or foreign	56
jurisdiction, or any combination of such violations arising from	57
two or more separate incidents, the person shall be disqualified	58
for life or for any other period of time as determined by the	59
United States secretary of transportation and designated by the	60
director of public safety by rule;	61

(3) Upon a first conviction for any of the following	62
violations while transporting hazardous materials, three years:	63

(a) Divisions (A)(2) to (12) of section 4506.15 of the	64
Revised Code;	65

(b) A similar law of another state or a foreign jurisdiction.

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(4) Upon conviction of a violation of division (A)(13) of	67
section 4506.15 of the Revised Code or a similar law of another	68
state or a foreign jurisdiction, the person shall be disqualified	69
for life;	70

(5)(a) Upon conviction of two serious traffic violations	71
involving the operation of a commercial motor vehicle by the	72
person and arising from separate incidents occurring in a	73
three-year period, the person shall be disqualified for sixty	74
days, which disqualification shall be imposed consecutively to any	75
other separate disqualification imposed under division (D)(5) or	76
(6) of this section;	77

(b) Upon conviction of three serious traffic violations	78
involving the operation of a commercial motor vehicle by the	79
person and arising from separate incidents occurring in a	80
three-year period, the person shall be disqualified for one	81
hundred twenty days, which disqualification shall be imposed	82
consecutively to any other separate disqualification imposed under	83
division (D)(5) or (6) of this section;	84

(6)(a) Upon conviction of two serious traffic violations	85
involving the operation of a vehicle other than a commercial motor	86
vehicle by the person and arising from separate incidents	87
occurring in a three-year period, the person shall be disqualified	88
for sixty days if the conviction results in the suspension,	89
cancellation, or revocation of the holder's commercial driver's	90
license or noncommercial motor vehicle driving privileges, which	91
disqualification shall be imposed consecutively to any other	92
separate disqualification imposed under division (D)(5) or (6) of	93
this section;	94

(b) Upon conviction of three serious traffic violations	95
involving the operation of a vehicle other than a commercial motor	96
vehicle by the person and arising from separate incidents	97
occurring in a three-year period, the person shall be disqualified	98
for one hundred twenty days if the conviction results in the	99
suspension, cancellation, or revocation of the holder's commercial	100
driver's license or noncommercial motor vehicle driving	101
privileges, which disqualification shall be imposed consecutively	102
to any other separate disqualification imposed under division	103
(D)(5) or (6) of this section.	104

(7) Upon a first conviction involving the operation of a	105
commercial motor vehicle in violation of any provisions of	106
sections 4511.61 to 4511.63 of the Revised Code or a similar law	107
of another state or foreign jurisdiction, not less than sixty	108
days;	109

(8) Upon a second conviction involving the operation of a	110
commercial motor vehicle in violation of any provisions of	111
sections 4511.61 to 4511.63 of the Revised Code or a similar law	112
of another state or foreign jurisdiction within three years of the	113
first such conviction, not less than one hundred twenty days;	114

(9) Upon a third or subsequent conviction involving the	115
operation of a commercial motor vehicle in violation of any	116
provisions of sections 4511.61 to 4511.63 of the Revised Code or a	117
similar law of another state or foreign jurisdiction within three	118
years of the first such conviction, not less than one year;	119

(10) Upon receiving notification from the federal motor	120
carrier safety administration, the registrar immediately, prior to	121
any hearing, shall disqualify any commercial motor vehicle driver	122
whose driving is determined to constitute an imminent hazard as	123
defined under federal motor carrier safety regulation 49 C.F.R.	124
383.52;	125

(11) Upon receiving notification from a court under section	126
4511.35 of the Revised Code, for the period determined by the	127
court pursuant to that section.	128

(E) For the purposes of this section, conviction of a	129
violation for which disqualification is required includes	130
conviction under any municipal ordinance that is substantially	131
similar to any section of the Revised Code that is set forth in	132
division (D) of this section and may be evidenced by any of the	133
following:	134

(1) A judgment entry of a court of competent jurisdiction in	135
this or any other state;	136

(2) An administrative order of a state agency of this or any	137
other state having statutory jurisdiction over commercial drivers;	138

(3) A computer record obtained from or through the commercial	139
driver's license information system;	140

(4) A computer record obtained from or through a state agency	141
of this or any other state having statutory jurisdiction over	142
commercial drivers or the records of commercial drivers.	143

(F) For purposes of this section, conviction of disqualifying	144
offenses committed in a noncommercial motor vehicle are included	145
if either of the following applies:	146

(1) The offense occurred after the person obtained the	147
person's commercial driver's license.	148

(2) The offense occurs on or after September 30, 2005.

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(G) If a person commits a serious traffic violation by	150
operating a commercial motor vehicle without having a commercial	151
driver's license in the person's possession as described in	152
division (GG)(3)(e) of section 4506.01 of the Revised Code and the	153
person then submits proof to either the enforcement agency that	154
issued the citation for the violation or to the court with	155
jurisdiction over the case before the date of the person's initial	156
appearance that shows that the person held a valid commercial	157
driver's license at the time of the violation, the violation shall	158
not be deemed to be a serious traffic violation.	159

(H) Any record described in division (C) of this section	160
shall be deemed to be self-authenticating when it is received by	161
the bureau of motor vehicles.	162

(I) When disqualifying a driver, the registrar shall cause	163
the records of the bureau to be updated to reflect that action	164
within ten days after it occurs.	165

(J) The registrar immediately shall notify a driver who is	166
finally convicted of any offense described in section 4506.15 of	167
the Revised Code or division (B)(D)(4), (5), or (6) of this	168
section and thereby is subject to disqualification, of the offense	169
or offenses involved, of the length of time for which	170
disqualification is to be imposed, and that the driver may request	171
a hearing within thirty days of the mailing of the notice to show	172
cause why the driver should not be disqualified from operating a	173
commercial motor vehicle. If a request for such a hearing is not	174
made within thirty days of the mailing of the notice, the order of	175
disqualification is final. The registrar may designate hearing	176
examiners who, after affording all parties reasonable notice,	177
shall conduct a hearing to determine whether the disqualification	178
order is supported by reliable evidence. The registrar shall adopt	179
rules to implement this division.	180

(K) Any person who is disqualified from operating a	181
commercial motor vehicle under this section may apply to the	182
registrar for a driver's license to operate a motor vehicle other	183
than a commercial motor vehicle, provided the person's commercial	184
driver's license is not otherwise suspended. A person whose	185
commercial driver's license is suspended shall not apply to the	186
registrar for or receive a driver's license under Chapter 4507. of	187
the Revised Code during the period of suspension.	188

(L) The disqualifications imposed under this section are in	189
addition to any other penalty imposed by the Revised Code.	190

Sec. 4511.35.  (A) Whenever any highway has been divided into	191
two roadways by an intervening space, or by a physical barrier, or	192
clearly indicated dividing section so constructed as to impede	193
vehicular traffic, every vehicle shall be driven only upon the	194
right-hand roadway, and no vehicle shall be driven over, across,	195
or within any such dividing space, barrier, or section, except	196
through an opening, crossover, or intersection established by	197
public authority. This section does not prohibit the occupancy of	198
such dividing space, barrier, or section for the purpose of an	199
emergency stop or in compliance with an order of a police officer.	200

(B)(1) Except as otherwise provided in this division (B)(2)	201
of this section, whoever violates division (A) of this section is	202
guilty of a minor misdemeanor. If, within one year of the offense,	203
the offender previously has been convicted of or pleaded guilty to	204
one predicate motor vehicle or traffic offense, whoever violates	205
division (A) of this section is guilty of a misdemeanor of the	206
fourth degree. If, within one year of the offense, the offender	207
previously has been convicted of two or more predicate motor	208
vehicle or traffic offenses, whoever violates division (A) of this	209
section is guilty of a misdemeanor of the third degree.	210

If the trier of fact finds that, in violating division (A) of	211
this section, the offender operated a commercial motor vehicle for	212
a distance of five hundred feet or more upon the left-hand roadway	213
of a divided highway that is part of the interstate system and	214
division (B)(2) of this section does not apply, the court, in	215
addition to any other penalty that the court is required or	216
permitted by law to impose on the offender, shall direct the	217
registrar of motor vehicles to disqualify the offender from	218
operating a commercial motor vehicle for a definite period not to	219
exceed one year.	220

(2) Whoever violates division (A) of this section is guilty	221
of a fourth degree felony if all of the following apply:	222

(a) The offender operated a commercial vehicle upon the	223
left-hand roadway of a divided highway and was involved in a motor	224
vehicle collision that occurred on that left-hand roadway;	225

(b) The collision caused physical harm to another person or	226
caused the death of another person; and	227

(c) The divided highway on which the collision occurred is	228
part of the interstate system.	229

If the violation caused physical harm to another person, the	230
court, in addition to any other penalty that the court is required	231
or permitted by law to impose on an offender to which division	232
(B)(2) of this section applies, shall direct the registrar of	233
motor vehicles to disqualify the offender from operating a	234
commercial motor vehicle for a definite period of two to ten	235
years. If the violation caused the death of another person, the	236
court, in addition to any other penalty that the court is required	237
or permitted by law to impose on an offender to which division	238
(B)(2) of this section applies, shall direct the registrar of	239
motor vehicles to disqualify the offender from operating a	240
commercial motor vehicle for life.	241

(C) As used in this section:

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(1) "Interstate system" has the same meaning as in 23 U.S.C.	243
101.	244

(2) "Physical harm to another person" has the same meaning as	245
"physical harm to persons" in section 2901.01 of the Revised Code.	246

Section 2. That existing sections 4506.16 and 4511.35 of the	247
Revised Code are hereby repealed.	248