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To amend section 4506.09 of the Revised Code to | 1 |
establish a waiver for the commercial driver's | 2 |
license skills test for drivers with military | 3 |
commercial motor vehicle experience. | 4 |
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 | 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. | 79 |
(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 |
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 | 193 |
highway safety fund. | 194 |
| 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 |