Bill Text: OH SB282 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To establish conditions for the operation of certain specialized motor vehicles, including low-speed and under-speed vehicles, mopeds and scooters, cab-enclosed motorcycles, and mini-trucks.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-06-29 - To Highways & Transportation [SB282 Detail]
Download: Ohio-2009-SB282-Introduced.html
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Senator Seitz
Cosponsors:
Senators Stewart, Smith, Sawyer, Buehrer, Cafaro
To amend sections 4501.01, 4501.13, 4503.04, 4503.21, | 1 |
4503.22, 4503.544, 4507.11, 4511.01, 4511.53, | 2 |
4519.01, and 4519.02 and to enact sections | 3 |
4511.214 and 4511.215 of the Revised Code to | 4 |
establish conditions for the operation of certain | 5 |
specialized motor vehicles, including low-speed | 6 |
and under-speed vehicles, mopeds and scooters, | 7 |
cab-enclosed motorcycles, and mini-trucks. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.01, 4501.13, 4503.04, 4503.21, | 9 |
4503.22, 4503.544, 4507.11, 4511.01, 4511.53, 4519.01, and 4519.02 | 10 |
be amended and sections 4511.214 and 4511.215 of the Revised Code | 11 |
be enacted to read as follows: | 12 |
Sec. 4501.01. As used in this chapter and Chapters 4503., | 13 |
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the | 14 |
Revised Code, and in the penal laws, except as otherwise provided: | 15 |
(A) "Vehicles" means everything on wheels or runners, | 16 |
including motorized bicycles, but does not mean electric personal | 17 |
assistive mobility devices, vehicles that are operated exclusively | 18 |
on rails or tracks or from overhead electric trolley wires, and | 19 |
vehicles that belong to any police department, municipal fire | 20 |
department, or volunteer fire department, or that are used by such | 21 |
a department in the discharge of its functions. | 22 |
(B) "Motor vehicle" means any vehicle, including mobile homes | 23 |
and recreational vehicles, that is propelled or drawn by power | 24 |
other than muscular power or power collected from overhead | 25 |
electric trolley wires. "Motor vehicle" does not include | 26 |
under-speed vehicles as defined in division | 27 |
section, mini-trucks as defined in section 4519.01 of the Revised | 28 |
Code, motorized bicycles, road rollers, traction engines, power | 29 |
shovels, power cranes, and other equipment used in construction | 30 |
work and not designed for or employed in general highway | 31 |
transportation, well-drilling machinery, ditch-digging machinery, | 32 |
farm machinery, and trailers that are designed and used | 33 |
exclusively to transport a boat between a place of storage and a | 34 |
marina, or in and around a marina, when drawn or towed on a public | 35 |
road or highway for a distance of no more than ten miles and at a | 36 |
speed of twenty-five miles per hour or less. | 37 |
(C) "Agricultural tractor" and "traction engine" mean any | 38 |
self-propelling vehicle that is designed or used for drawing other | 39 |
vehicles or wheeled machinery, but has no provisions for carrying | 40 |
loads independently of such other vehicles, and that is used | 41 |
principally for agricultural purposes. | 42 |
(D) "Commercial tractor," except as defined in division (C) | 43 |
of this section, means any motor vehicle that has motive power and | 44 |
either is designed or used for drawing other motor vehicles, or is | 45 |
designed or used for drawing another motor vehicle while carrying | 46 |
a portion of the other motor vehicle or its load, or both. | 47 |
(E) "Passenger car" means any motor vehicle that is designed | 48 |
and used for carrying not more than nine persons and includes any | 49 |
motor vehicle that is designed and used for carrying not more than | 50 |
fifteen persons in a ridesharing arrangement. | 51 |
(F) "Collector's vehicle" means any motor vehicle or | 52 |
agricultural tractor or traction engine that is of special | 53 |
interest, that has a fair market value of one hundred dollars or | 54 |
more, whether operable or not, and that is owned, operated, | 55 |
collected, preserved, restored, maintained, or used essentially as | 56 |
a collector's item, leisure pursuit, or investment, but not as the | 57 |
owner's principal means of transportation. "Licensed collector's | 58 |
vehicle" means a collector's vehicle, other than an agricultural | 59 |
tractor or traction engine, that displays current, valid license | 60 |
tags issued under section 4503.45 of the Revised Code, or a | 61 |
similar type of motor vehicle that displays current, valid license | 62 |
tags issued under substantially equivalent provisions in the laws | 63 |
of other states. | 64 |
(G) "Historical motor vehicle" means any motor vehicle that | 65 |
is over twenty-five years old and is owned solely as a collector's | 66 |
item and for participation in club activities, exhibitions, tours, | 67 |
parades, and similar uses, but that in no event is used for | 68 |
general transportation. | 69 |
(H) "Noncommercial motor vehicle" means any motor vehicle, | 70 |
including a farm truck as defined in section 4503.04 of the | 71 |
Revised Code, that is designed by the manufacturer to carry a load | 72 |
of no more than one ton and is used exclusively for purposes other | 73 |
than engaging in business for profit. | 74 |
(I) "Bus" means any motor vehicle that has motor power and is | 75 |
designed and used for carrying more than nine passengers, except | 76 |
any motor vehicle that is designed and used for carrying not more | 77 |
than fifteen passengers in a ridesharing arrangement. | 78 |
(J) "Commercial car" or "truck" means any motor vehicle that | 79 |
has motor power and is designed and used for carrying merchandise | 80 |
or freight, or that is used as a commercial tractor. | 81 |
(K) "Bicycle" means every device, other than a tricycle that | 82 |
is designed solely for use as a play vehicle by a child, that is | 83 |
propelled solely by human power upon which any person may ride, | 84 |
and that has two tandem wheels, or one wheel in front and two | 85 |
wheels in the rear, or two wheels in the front and one wheel in | 86 |
the rear, any of which is more than fourteen inches in diameter. | 87 |
(L) "Motorized bicycle" or "moped" means any vehicle that | 88 |
either has two tandem wheels or one wheel in the front and two | 89 |
wheels in the rear, that | 90 |
that is equipped with a helper motor of not more than fifty cubic | 91 |
centimeters piston displacement that produces no more than one | 92 |
brake horsepower and is capable of propelling the vehicle at a | 93 |
speed of no greater than twenty miles per hour on a level surface. | 94 |
(M) "Trailer" means any vehicle without motive power that is | 95 |
designed or used for carrying property or persons wholly on its | 96 |
own structure and for being drawn by a motor vehicle, and includes | 97 |
any such vehicle that is formed by or operated as a combination of | 98 |
a semitrailer and a vehicle of the dolly type such as that | 99 |
commonly known as a trailer dolly, a vehicle used to transport | 100 |
agricultural produce or agricultural production materials between | 101 |
a local place of storage or supply and the farm when drawn or | 102 |
towed on a public road or highway at a speed greater than | 103 |
twenty-five miles per hour, and a vehicle that is designed and | 104 |
used exclusively to transport a boat between a place of storage | 105 |
and a marina, or in and around a marina, when drawn or towed on a | 106 |
public road or highway for a distance of more than ten miles or at | 107 |
a speed of more than twenty-five miles per hour. "Trailer" does | 108 |
not include a manufactured home or travel trailer. | 109 |
(N) "Noncommercial trailer" means any trailer, except a | 110 |
travel trailer or trailer that is used to transport a boat as | 111 |
described in division (B) of this section, but, where applicable, | 112 |
includes a vehicle that is used to transport a boat as described | 113 |
in division (M) of this section, that has a gross weight of no | 114 |
more than three thousand pounds, and that is used exclusively for | 115 |
purposes other than engaging in business for a profit. | 116 |
(O) "Mobile home" means a building unit or assembly of closed | 117 |
construction that is fabricated in an off-site facility, is more | 118 |
than thirty-five body feet in length or, when erected on site, is | 119 |
three hundred twenty or more square feet, is built on a permanent | 120 |
chassis, is transportable in one or more sections, and does not | 121 |
qualify as a manufactured home as defined in division (C)(4) of | 122 |
section 3781.06 of the Revised Code or as an industrialized unit | 123 |
as defined in division (C)(3) of section 3781.06 of the Revised | 124 |
Code. | 125 |
(P) "Semitrailer" means any vehicle of the trailer type that | 126 |
does not have motive power and is so designed or used with another | 127 |
and separate motor vehicle that in operation a part of its own | 128 |
weight or that of its load, or both, rests upon and is carried by | 129 |
the other vehicle furnishing the motive power for propelling | 130 |
itself and the vehicle referred to in this division, and includes, | 131 |
for the purpose only of registration and taxation under those | 132 |
chapters, any vehicle of the dolly type, such as a trailer dolly, | 133 |
that is designed or used for the conversion of a semitrailer into | 134 |
a trailer. | 135 |
(Q) "Recreational vehicle" means a vehicular portable | 136 |
structure that meets all of the following conditions: | 137 |
(1) It is designed for the sole purpose of recreational | 138 |
travel. | 139 |
(2) It is not used for the purpose of engaging in business | 140 |
for profit. | 141 |
(3) It is not used for the purpose of engaging in intrastate | 142 |
commerce. | 143 |
(4) It is not used for the purpose of commerce as defined in | 144 |
49 C.F.R. 383.5, as amended. | 145 |
(5) It is not regulated by the public utilities commission | 146 |
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code. | 147 |
(6) It is classed as one of the following: | 148 |
(a) "Travel trailer" or "house vehicle" means a | 149 |
nonself-propelled recreational vehicle that does not exceed an | 150 |
overall length of thirty-five feet, exclusive of bumper and tongue | 151 |
or coupling, and contains less than three hundred twenty square | 152 |
feet of space when erected on site. "Travel trailer" includes a | 153 |
tent-type fold-out camping trailer as defined in section 4517.01 | 154 |
of the Revised Code. | 155 |
(b) "Motor home" means a self-propelled recreational vehicle | 156 |
that has no fifth wheel and is constructed with permanently | 157 |
installed facilities for cold storage, cooking and consuming of | 158 |
food, and for sleeping. | 159 |
(c) "Truck camper" means a nonself-propelled recreational | 160 |
vehicle that does not have wheels for road use and is designed to | 161 |
be placed upon and attached to a motor vehicle. "Truck camper" | 162 |
does not include truck covers that consist of walls and a roof, | 163 |
but do not have floors and facilities enabling them to be used as | 164 |
a dwelling. | 165 |
(d) "Fifth wheel trailer" means a vehicle that is of such | 166 |
size and weight as to be movable without a special highway permit, | 167 |
that has a gross trailer area of four hundred square feet or less, | 168 |
that is constructed with a raised forward section that allows a | 169 |
bi-level floor plan, and that is designed to be towed by a vehicle | 170 |
equipped with a fifth-wheel hitch ordinarily installed in the bed | 171 |
of a truck. | 172 |
(e) "Park trailer" means a vehicle that is commonly known as | 173 |
a park model recreational vehicle, meets the American national | 174 |
standard institute standard A119.5 (1988) for park trailers, is | 175 |
built on a single chassis, has a gross trailer area of four | 176 |
hundred square feet or less when set up, is designed for seasonal | 177 |
or temporary living quarters, and may be connected to utilities | 178 |
necessary for the operation of installed features and appliances. | 179 |
(R) "Pneumatic tires" means tires of rubber and fabric or | 180 |
tires of similar material, that are inflated with air. | 181 |
(S) "Solid tires" means tires of rubber or similar elastic | 182 |
material that are not dependent upon confined air for support of | 183 |
the load. | 184 |
(T) "Solid tire vehicle" means any vehicle that is equipped | 185 |
with two or more solid tires. | 186 |
(U) "Farm machinery" means all machines and tools that are | 187 |
used in the production, harvesting, and care of farm products, and | 188 |
includes trailers that are used to transport agricultural produce | 189 |
or agricultural production materials between a local place of | 190 |
storage or supply and the farm, agricultural tractors, threshing | 191 |
machinery, hay-baling machinery, corn shellers, hammermills, and | 192 |
machinery used in the production of horticultural, agricultural, | 193 |
and vegetable products. | 194 |
(V) "Owner" includes any person or firm, other than a | 195 |
manufacturer or dealer, that has title to a motor vehicle, except | 196 |
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" | 197 |
includes in addition manufacturers and dealers. | 198 |
(W) "Manufacturer" and "dealer" include all persons and firms | 199 |
that are regularly engaged in the business of manufacturing, | 200 |
selling, displaying, offering for sale, or dealing in motor | 201 |
vehicles, at an established place of business that is used | 202 |
exclusively for the purpose of manufacturing, selling, displaying, | 203 |
offering for sale, or dealing in motor vehicles. A place of | 204 |
business that is used for manufacturing, selling, displaying, | 205 |
offering for sale, or dealing in motor vehicles shall be deemed to | 206 |
be used exclusively for those purposes even though snowmobiles or | 207 |
all-purpose vehicles are sold or displayed for sale thereat, even | 208 |
though farm machinery is sold or displayed for sale thereat, or | 209 |
even though repair, accessory, gasoline and oil, storage, parts, | 210 |
service, or paint departments are maintained thereat, or, in any | 211 |
county having a population of less than seventy-five thousand at | 212 |
the last federal census, even though a department in a place of | 213 |
business is used to dismantle, salvage, or rebuild motor vehicles | 214 |
by means of used parts, if such departments are operated for the | 215 |
purpose of furthering and assisting in the business of | 216 |
manufacturing, selling, displaying, offering for sale, or dealing | 217 |
in motor vehicles. Places of business or departments in a place of | 218 |
business used to dismantle, salvage, or rebuild motor vehicles by | 219 |
means of using used parts are not considered as being maintained | 220 |
for the purpose of assisting or furthering the manufacturing, | 221 |
selling, displaying, and offering for sale or dealing in motor | 222 |
vehicles. | 223 |
(X) "Operator" includes any person who drives or operates a | 224 |
motor vehicle upon the public highways. | 225 |
(Y) "Chauffeur" means any operator who operates a motor | 226 |
vehicle, other than a taxicab, as an employee for hire; or any | 227 |
operator whether or not the owner of a motor vehicle, other than a | 228 |
taxicab, who operates such vehicle for transporting, for gain, | 229 |
compensation, or profit, either persons or property owned by | 230 |
another. Any operator of a motor vehicle who is voluntarily | 231 |
involved in a ridesharing arrangement is not considered an | 232 |
employee for hire or operating such vehicle for gain, | 233 |
compensation, or profit. | 234 |
(Z) "State" includes the territories and federal districts of | 235 |
the United States, and the provinces of Canada. | 236 |
(AA) "Public roads and highways" for vehicles includes all | 237 |
public thoroughfares, bridges, and culverts. | 238 |
(BB) "Manufacturer's number" means the manufacturer's | 239 |
original serial number that is affixed to or imprinted upon the | 240 |
chassis or other part of the motor vehicle. | 241 |
(CC) "Motor number" means the manufacturer's original number | 242 |
that is affixed to or imprinted upon the engine or motor of the | 243 |
vehicle. | 244 |
(DD) "Distributor" means any person who is authorized by a | 245 |
motor vehicle manufacturer to distribute new motor vehicles to | 246 |
licensed motor vehicle dealers at an established place of business | 247 |
that is used exclusively for the purpose of distributing new motor | 248 |
vehicles to licensed motor vehicle dealers, except when the | 249 |
distributor also is a new motor vehicle dealer, in which case the | 250 |
distributor may distribute at the location of the distributor's | 251 |
licensed dealership. | 252 |
(EE) "Ridesharing arrangement" means the transportation of | 253 |
persons in a motor vehicle where the transportation is incidental | 254 |
to another purpose of a volunteer driver and includes ridesharing | 255 |
arrangements known as carpools, vanpools, and buspools. | 256 |
(FF) "Apportionable vehicle" means any vehicle that is used | 257 |
or intended for use in two or more international registration plan | 258 |
member jurisdictions that allocate or proportionally register | 259 |
vehicles, that is used for the transportation of persons for hire | 260 |
or designed, used, or maintained primarily for the transportation | 261 |
of property, and that meets any of the following qualifications: | 262 |
(1) Is a power unit having a gross vehicle weight in excess | 263 |
of twenty-six thousand pounds; | 264 |
(2) Is a power unit having three or more axles, regardless of | 265 |
the gross vehicle weight; | 266 |
(3) Is a combination vehicle with a gross vehicle weight in | 267 |
excess of twenty-six thousand pounds. | 268 |
"Apportionable vehicle" does not include recreational | 269 |
vehicles, vehicles displaying restricted plates, city pick-up and | 270 |
delivery vehicles, buses used for the transportation of chartered | 271 |
parties, or vehicles owned and operated by the United States, this | 272 |
state, or any political subdivisions thereof. | 273 |
(GG) "Chartered party" means a group of persons who contract | 274 |
as a group to acquire the exclusive use of a passenger-carrying | 275 |
motor vehicle at a fixed charge for the vehicle in accordance with | 276 |
the carrier's tariff, lawfully on file with the United States | 277 |
department of transportation, for the purpose of group travel to a | 278 |
specified destination or for a particular itinerary, either agreed | 279 |
upon in advance or modified by the chartered group after having | 280 |
left the place of origin. | 281 |
(HH) "International registration plan" means a reciprocal | 282 |
agreement of member jurisdictions that is endorsed by the American | 283 |
association of motor vehicle administrators, and that promotes and | 284 |
encourages the fullest possible use of the highway system by | 285 |
authorizing apportioned registration of fleets of vehicles and | 286 |
recognizing registration of vehicles apportioned in member | 287 |
jurisdictions. | 288 |
(II) "Restricted plate" means a license plate that has a | 289 |
restriction of time, geographic area, mileage, or commodity, and | 290 |
includes license plates issued to farm trucks under division (J) | 291 |
of section 4503.04 of the Revised Code. | 292 |
(JJ) "Gross vehicle weight," with regard to any commercial | 293 |
car, trailer, semitrailer, or bus that is taxed at the rates | 294 |
established under section 4503.042 or 4503.65 of the Revised Code, | 295 |
means the unladen weight of the vehicle fully equipped plus the | 296 |
maximum weight of the load to be carried on the vehicle. | 297 |
(KK) "Combined gross vehicle weight" with regard to any | 298 |
combination of a commercial car, trailer, and semitrailer, that is | 299 |
taxed at the rates established under section 4503.042 or 4503.65 | 300 |
of the Revised Code, means the total unladen weight of the | 301 |
combination of vehicles fully equipped plus the maximum weight of | 302 |
the load to be carried on that combination of vehicles. | 303 |
(LL) "Chauffeured limousine" means a motor vehicle that is | 304 |
designed to carry nine or fewer passengers and is operated for | 305 |
hire on an hourly basis pursuant to a prearranged contract for the | 306 |
transportation of passengers on public roads and highways along a | 307 |
route under the control of the person hiring the vehicle and not | 308 |
over a defined and regular route. "Prearranged contract" means an | 309 |
agreement, made in advance of boarding, to provide transportation | 310 |
from a specific location in a chauffeured limousine at a fixed | 311 |
rate per hour or trip. "Chauffeured limousine" does not include | 312 |
any vehicle that is used exclusively in the business of funeral | 313 |
directing. | 314 |
(MM) "Manufactured home" has the same meaning as in division | 315 |
(C)(4) of section 3781.06 of the Revised Code. | 316 |
(NN) "Acquired situs," with respect to a manufactured home or | 317 |
a mobile home, means to become located in this state by the | 318 |
placement of the home on real property, but does not include the | 319 |
placement of a manufactured home or a mobile home in the inventory | 320 |
of a new motor vehicle dealer or the inventory of a manufacturer, | 321 |
remanufacturer, or distributor of manufactured or mobile homes. | 322 |
(OO) "Electronic" includes electrical, digital, magnetic, | 323 |
optical, electromagnetic, or any other form of technology that | 324 |
entails capabilities similar to these technologies. | 325 |
(PP) "Electronic record" means a record generated, | 326 |
communicated, received, or stored by electronic means for use in | 327 |
an information system or for transmission from one information | 328 |
system to another. | 329 |
(QQ) "Electronic signature" means a signature in electronic | 330 |
form attached to or logically associated with an electronic | 331 |
record. | 332 |
(RR) "Financial transaction device" has the same meaning as | 333 |
in division (A) of section 113.40 of the Revised Code. | 334 |
(SS) "Electronic motor vehicle dealer" means a motor vehicle | 335 |
dealer licensed under Chapter 4517. of the Revised Code whom the | 336 |
registrar of motor vehicles determines meets the criteria | 337 |
designated in section 4503.035 of the Revised Code for electronic | 338 |
motor vehicle dealers and designates as an electronic motor | 339 |
vehicle dealer under that section. | 340 |
(TT) "Electric personal assistive mobility device" means a | 341 |
self-balancing two non-tandem wheeled device that is designed to | 342 |
transport only one person, has an electric propulsion system of an | 343 |
average of seven hundred fifty watts, and when ridden on a paved | 344 |
level surface by an operator who weighs one hundred seventy pounds | 345 |
has a maximum speed of less than twenty miles per hour. | 346 |
(UU) "Limited driving privileges" means the privilege to | 347 |
operate a motor vehicle that a court grants under section 4510.021 | 348 |
of the Revised Code to a person whose driver's or commercial | 349 |
driver's license or permit or nonresident operating privilege has | 350 |
been suspended. | 351 |
(VV) "Utility vehicle" means a self-propelled under-speed | 352 |
motor vehicle designed with a bed, principally for the purpose of | 353 |
transporting material or cargo in connection with construction, | 354 |
agricultural, forestry, grounds maintenance, lawn and garden, | 355 |
materials handling, or similar activities. | 356 |
357 | |
358 | |
359 | |
360 |
(WW) "Low-speed vehicle" means a three- or four-wheeled motor | 361 |
vehicle with an attainable speed in one mile on a paved level | 362 |
surface of more than twenty miles per hour but not more than | 363 |
twenty-five miles per hour and with a gross vehicle weight rating | 364 |
less than three thousand pounds. | 365 |
(XX) "Under-speed vehicle" means a three- or four-wheeled | 366 |
vehicle, including a utility vehicle and a vehicle commonly known | 367 |
as a golf cart, with an attainable speed on a paved level surface | 368 |
of not more than twenty miles per hour and with a gross vehicle | 369 |
weight rating less than three thousand pounds. | 370 |
(YY) "Motor-driven cycle or motor scooter" means any vehicle | 371 |
designed to travel on not more than three wheels in contact with | 372 |
the ground, with a seat for the driver and floor pad for the | 373 |
driver's feet, and is equipped with a motor with a piston | 374 |
displacement between fifty and one hundred fifty cubic centimeters | 375 |
piston displacement that produces not more than five brake | 376 |
horsepower and is capable of propelling the vehicle at a speed | 377 |
greater than twenty miles per hour on a level surface. | 378 |
(ZZ) "Motorcycle" means a motor vehicle with motive power | 379 |
having a seat or saddle for the use of the operator, designed to | 380 |
travel on not more than three wheels in contact with the ground, | 381 |
and having no occupant compartment top or occupant compartment top | 382 |
that can be installed or removed by the user. | 383 |
(AAA) "Cab-enclosed motorcycle" means a motor vehicle with | 384 |
motive power having a seat or saddle for the use of the operator, | 385 |
designed to travel on not more than three wheels in contact with | 386 |
the ground, and having an occupant compartment top or an occupant | 387 |
compartment top that can be installed or removed by the user. | 388 |
Sec. 4501.13. Six dollars of each registration fee | 389 |
designated for payment to the registrar of motor vehicles in | 390 |
division (A) | 391 |
be deposited in the motorcycle safety and education fund, which is | 392 |
hereby created in the state treasury and, unless otherwise | 393 |
provided by law, shall be used solely to pay part or all of the | 394 |
costs of conducting the motorcycle safety and education program | 395 |
created by section 4508.08 of the Revised Code. | 396 |
Sec. 4503.04. Except as provided in sections 4503.042 and | 397 |
4503.65 of the Revised Code for the registration of commercial | 398 |
cars, trailers, semitrailers, and certain buses, the rates of the | 399 |
taxes imposed by section 4503.02 of the Revised Code shall be as | 400 |
follows: | 401 |
(A)(1) For motor vehicles having three wheels or less, the | 402 |
license tax is: | 403 |
| 404 |
| 405 |
motor-driven cycle, or motor scooter, fourteen dollars. | 406 |
(2) For each low-speed and under-speed vehicle, ten dollars. | 407 |
(B) For each passenger car, twenty dollars; | 408 |
(C) For each manufactured home, each mobile home, and each | 409 |
travel trailer or house vehicle, ten dollars; | 410 |
(D) For each noncommercial motor vehicle designed by the | 411 |
manufacturer to carry a load of no more than three-quarters of one | 412 |
ton and for each motor home, thirty-five dollars; for each | 413 |
noncommercial motor vehicle designed by the manufacturer to carry | 414 |
a load of more than three-quarters of one ton, but not more than | 415 |
one ton, seventy dollars; | 416 |
(E) For each noncommercial trailer, the license tax is: | 417 |
(1) Eighty-five cents for each one hundred pounds or part | 418 |
thereof for the first two thousand pounds or part thereof of | 419 |
weight of vehicle fully equipped; | 420 |
(2) One dollar and forty cents for each one hundred pounds or | 421 |
part thereof in excess of two thousand pounds up to and including | 422 |
three thousand pounds. | 423 |
(F) Notwithstanding its weight, twelve dollars for any: | 424 |
(1) Vehicle equipped, owned, and used by a charitable or | 425 |
nonprofit corporation exclusively for the purpose of administering | 426 |
chest x-rays or receiving blood donations; | 427 |
(2) Van used principally for the transportation of | 428 |
handicapped persons that has been modified by being equipped with | 429 |
adaptive equipment to facilitate the movement of such persons into | 430 |
and out of the van; | 431 |
(3) Bus used principally for the transportation of | 432 |
handicapped persons or persons sixty-five years of age or older | 433 |
(G) Notwithstanding its weight, twenty dollars for any bus | 434 |
used principally for the transportation of persons in a | 435 |
ridesharing arrangement. | 436 |
(H) For each transit bus having motor power the license tax | 437 |
is twelve dollars. | 438 |
"Transit bus" means either a motor vehicle having a seating | 439 |
capacity of more than seven persons which is operated and used by | 440 |
any person in the rendition of a public mass transportation | 441 |
service primarily in a municipal corporation or municipal | 442 |
corporations and provided at least seventy-five per cent of the | 443 |
annual mileage of such service and use is within such municipal | 444 |
corporation or municipal corporations or a motor vehicle having a | 445 |
seating capacity of more than seven persons which is operated | 446 |
solely for the transportation of persons associated with a | 447 |
charitable or nonprofit corporation, but does not mean any motor | 448 |
vehicle having a seating capacity of more than seven persons when | 449 |
such vehicle is used in a ridesharing capacity or any bus | 450 |
described by division (F)(3) of this section. | 451 |
The application for registration of such transit bus shall be | 452 |
accompanied by an affidavit prescribed by the registrar of motor | 453 |
vehicles and signed by the person or an agent of the firm or | 454 |
corporation operating such bus stating that the bus has a seating | 455 |
capacity of more than seven persons, and that it is either to be | 456 |
operated and used in the rendition of a public mass transportation | 457 |
service and that at least seventy-five per cent of the annual | 458 |
mileage of such operation and use shall be within one or more | 459 |
municipal corporations or that it is to be operated solely for the | 460 |
transportation of persons associated with a charitable or | 461 |
nonprofit corporation. | 462 |
The form of the license plate, and the manner of its | 463 |
attachment to the vehicle, shall be prescribed by the registrar of | 464 |
motor vehicles. | 465 |
(I) | 466 |
of this section, the minimum tax for any vehicle having motor | 467 |
power | 468 |
is ten dollars and eighty cents, and for each noncommercial | 469 |
trailer, five dollars. | 470 |
(J)(1) Except as otherwise provided in division (J) of this | 471 |
section, for each farm truck, except a noncommercial motor | 472 |
vehicle, that is owned, controlled, or operated by one or more | 473 |
farmers exclusively in farm use as defined in this section, and | 474 |
not for commercial purposes, and provided that at least | 475 |
seventy-five per cent of such farm use is by or for the one or | 476 |
more owners, controllers, or operators of the farm in the | 477 |
operation of which a farm truck is used, the license tax is five | 478 |
dollars plus: | 479 |
(a) Fifty cents per one hundred pounds or part thereof for | 480 |
the first three thousand pounds; | 481 |
(b) Seventy cents per one hundred pounds or part thereof in | 482 |
excess of three thousand pounds up to and including four thousand | 483 |
pounds; | 484 |
(c) Ninety cents per one hundred pounds or part thereof in | 485 |
excess of four thousand pounds up to and including six thousand | 486 |
pounds; | 487 |
(d) Two dollars for each one hundred pounds or part thereof | 488 |
in excess of six thousand pounds up to and including ten thousand | 489 |
pounds; | 490 |
(e) Two dollars and twenty-five cents for each one hundred | 491 |
pounds or part thereof in excess of ten thousand pounds; | 492 |
(f) The minimum license tax for any farm truck shall be | 493 |
twelve dollars. | 494 |
(2) The owner of a farm truck may register the truck for a | 495 |
period of one-half year by paying one-half the registration tax | 496 |
imposed on the truck under this chapter and one-half the amount of | 497 |
any tax imposed on the truck under Chapter 4504. of the Revised | 498 |
Code. | 499 |
(3) A farm bus may be registered for a period of ninety days | 500 |
from the date of issue of the license plates for the bus, for a | 501 |
fee of ten dollars, provided such license plates shall not be | 502 |
issued for more than any two ninety-day periods in any calendar | 503 |
year. Such use does not include the operation of trucks by | 504 |
commercial processors of agricultural products. | 505 |
(4) License plates for farm trucks and for farm buses shall | 506 |
have some distinguishing marks, letters, colors, or other | 507 |
characteristics to be determined by the director of public safety. | 508 |
(5) Every person registering a farm truck or bus under this | 509 |
section shall furnish an affidavit certifying that the truck or | 510 |
bus licensed to that person is to be so used as to meet the | 511 |
requirements necessary for the farm truck or farm bus | 512 |
classification. | 513 |
Any farmer may use a truck owned by the farmer for commercial | 514 |
purposes by paying the difference between the commercial truck | 515 |
registration fee and the farm truck registration fee for the | 516 |
remaining part of the registration period for which the truck is | 517 |
registered. Such remainder shall be calculated from the beginning | 518 |
of the semiannual period in which application for such commercial | 519 |
license is made. | 520 |
Taxes at the rates provided in this section are in lieu of | 521 |
all taxes on or with respect to the ownership of such motor | 522 |
vehicles, except as provided in section 4503.042 and section | 523 |
4503.06 of the Revised Code. | 524 |
(K) Other than trucks registered under the international | 525 |
registration plan in another jurisdiction and for which this state | 526 |
has received an apportioned registration fee, the license tax for | 527 |
each truck which is owned, controlled, or operated by a | 528 |
nonresident, and licensed in another state, and which is used | 529 |
exclusively for the transportation of nonprocessed agricultural | 530 |
products intrastate, from the place of production to the place of | 531 |
processing, is twenty-four dollars. | 532 |
"Truck," as used in this division, means any pickup truck, | 533 |
straight truck, semitrailer, or trailer other than a travel | 534 |
trailer. Nonprocessed agricultural products, as used in this | 535 |
division, does not include livestock or grain. | 536 |
A license issued under this division shall be issued for a | 537 |
period of one hundred thirty days in the same manner in which all | 538 |
other licenses are issued under this section, provided that no | 539 |
truck shall be so licensed for more than one | 540 |
one-hundred-thirty-day period during any calendar year. | 541 |
The license issued pursuant to this division shall consist of | 542 |
a windshield decal to be designed by the director of public | 543 |
safety. | 544 |
Every person registering a truck under this division shall | 545 |
furnish an affidavit certifying that the truck licensed to the | 546 |
person is to be used exclusively for the purposes specified in | 547 |
this division. | 548 |
(L) Every person registering a motor vehicle as a | 549 |
noncommercial motor vehicle as defined in section 4501.01 of the | 550 |
Revised Code, or registering a trailer as a noncommercial trailer | 551 |
as defined in that section, shall furnish an affidavit certifying | 552 |
that the motor vehicle or trailer so licensed to the person is to | 553 |
be so used as to meet the requirements necessary for the | 554 |
noncommercial vehicle classification. | 555 |
(M) Every person registering a van or bus as provided in | 556 |
divisions (F)(2) and (3) of this section shall furnish a notarized | 557 |
statement certifying that the van or bus licensed to the person is | 558 |
to be used for the purposes specified in those divisions. The form | 559 |
of the license plate issued for such motor vehicles shall be | 560 |
prescribed by the registrar. | 561 |
(N) Every person registering as a passenger car a motor | 562 |
vehicle designed and used for carrying more than nine but not more | 563 |
than fifteen passengers, and every person registering a bus as | 564 |
provided in division (G) of this section, shall furnish an | 565 |
affidavit certifying that the vehicle so licensed to the person is | 566 |
to be used in a ridesharing arrangement and that the person will | 567 |
have in effect whenever the vehicle is used in a ridesharing | 568 |
arrangement a policy of liability insurance with respect to the | 569 |
motor vehicle in amounts and coverages no less than those required | 570 |
by section 4509.79 of the Revised Code. The form of the license | 571 |
plate issued for such a motor vehicle shall be prescribed by the | 572 |
registrar. | 573 |
(O) Commencing on October 1, 2009, if an application for | 574 |
registration renewal is not applied for prior to the expiration | 575 |
date of the registration or within seven days after that date, the | 576 |
registrar or deputy registrar shall collect a fee of twenty | 577 |
dollars for the issuance of the vehicle registration, but may | 578 |
waive the fee for good cause shown if the application is | 579 |
accompanied by supporting evidence as the registrar may require. | 580 |
The fee shall be in addition to all other fees established by this | 581 |
section. A deputy registrar shall retain fifty cents of the fee | 582 |
and shall transmit the remaining amount to the registrar at the | 583 |
time and in the manner provided by section 4503.10 of the Revised | 584 |
Code. The registrar shall deposit all moneys received under this | 585 |
division into the state highway safety fund established in section | 586 |
4501.06 of the Revised Code. | 587 |
(P) As used in this section: | 588 |
(1) "Van" means any motor vehicle having a single rear axle | 589 |
and an enclosed body without a second seat. | 590 |
(2) "Handicapped person" means any person who has lost the | 591 |
use of one or both legs, or one or both arms, or is blind, deaf, | 592 |
or so severely disabled as to be unable to move about without the | 593 |
aid of crutches or a wheelchair. | 594 |
(3) "Farm truck" means a truck used in the transportation | 595 |
from the farm of products of the farm, including livestock and its | 596 |
products, poultry and its products, floricultural and | 597 |
horticultural products, and in the transportation to the farm of | 598 |
supplies for the farm, including tile, fence, and every other | 599 |
thing or commodity used in agricultural, floricultural, | 600 |
horticultural, livestock, and poultry production and livestock, | 601 |
poultry, and other animals and things used for breeding, feeding, | 602 |
or other purposes connected with the operation of the farm. | 603 |
(4) "Farm bus" means a bus used only for the transportation | 604 |
of agricultural employees and used only in the transportation of | 605 |
such employees as are necessary in the operation of the farm. | 606 |
(5) "Farm supplies" includes fuel used exclusively in the | 607 |
operation of a farm, including one or more homes located on and | 608 |
used in the operation of one or more farms, and furniture and | 609 |
other things used in and around such homes. | 610 |
Sec. 4503.21. (A) No person who is the owner or operator of | 611 |
a motor vehicle shall fail to display in plain view on the front | 612 |
and rear of the motor vehicle the distinctive number and | 613 |
registration mark, including any county identification sticker and | 614 |
any validation sticker issued under sections 4503.19 and 4503.191 | 615 |
of the Revised Code, furnished by the director of public safety, | 616 |
except that a manufacturer of motor vehicles or dealer therein, | 617 |
the holder of an in transit permit, and the owner or operator of a | 618 |
motorcycle, motorized bicycle or moped, motor-driven cycle or | 619 |
motor scooter, cab-enclosed motorcycle, manufactured home, mobile | 620 |
home, trailer, or semitrailer shall display on the rear only. A | 621 |
motor vehicle that is issued two license plates shall display the | 622 |
validation sticker only on the rear license plate, except that a | 623 |
commercial tractor that does not receive an apportioned license | 624 |
plate under the international registration plan shall display the | 625 |
validation sticker on the front of the commercial tractor. An | 626 |
apportioned vehicle receiving an apportioned license plate under | 627 |
the international registration plan shall display the license | 628 |
plate only on the front of a commercial tractor and on the rear of | 629 |
all other vehicles. All license plates shall be securely fastened | 630 |
so as not to swing, and shall not be covered by any material that | 631 |
obstructs their visibility. | 632 |
No person to whom a temporary license placard or windshield | 633 |
sticker has been issued for the use of a motor vehicle under | 634 |
section 4503.182 of the Revised Code, and no operator of that | 635 |
motor vehicle, shall fail to display the temporary license placard | 636 |
in plain view from the rear of the vehicle either in the rear | 637 |
window or on an external rear surface of the motor vehicle, or | 638 |
fail to display the windshield sticker in plain view on the rear | 639 |
window of the motor vehicle. No temporary license placard or | 640 |
windshield sticker shall be covered by any material that obstructs | 641 |
its visibility. | 642 |
(B) Whoever violates this section is guilty of a minor | 643 |
misdemeanor. | 644 |
Sec. 4503.22. The identification license plate shall consist | 645 |
of a placard upon the face of which shall appear the distinctive | 646 |
number assigned to the motor vehicle as provided in section | 647 |
4503.19 of the Revised Code, in Arabic numerals or letters, or | 648 |
both. The dimensions of the numerals or letters and of each stroke | 649 |
shall be determined by the director of public safety. The license | 650 |
placard also shall contain the name of this state and the slogan | 651 |
"BIRTHPLACE OF AVIATION." The placard shall be made of steel and | 652 |
the background shall be treated with a reflective material that | 653 |
shall provide effective and dependable reflective brightness | 654 |
during the service period required of the placard. Specifications | 655 |
for the reflective and other materials and the design of the | 656 |
placard, the county identification stickers as provided by section | 657 |
4503.19 of the Revised Code, and validation stickers as provided | 658 |
by section 4503.191 of the Revised Code, shall be adopted by the | 659 |
director as rules under sections 119.01 to 119.13 of the Revised | 660 |
Code. The identification license plate of motorized bicycles or | 661 |
mopeds, motor-driven cycles or motor scooters, cab-enclosed | 662 |
motorcycles, and | 663 |
664 | |
shall be prescribed by the director. The identification plate of a | 665 |
vehicle registered in accordance with the international | 666 |
registration plan shall contain the word "apportioned." The | 667 |
director may prescribe the type of placard, or means of fastening | 668 |
the placard, or both; the placard or means of fastening may be so | 669 |
designed and constructed as to render difficult the removal of the | 670 |
placard after it has been fastened to a motor vehicle. | 671 |
Sec. 4503.544. (A) Any person who is a retired or honorably | 672 |
discharged veteran of any branch of the armed forces of the United | 673 |
States may apply to the registrar of motor vehicles for the | 674 |
registration of any motorcycle, motorized bicycle or moped, | 675 |
motor-driven cycle or motor scooter, or cab-enclosed motorcycle | 676 |
that the person owns or leases. The application shall be | 677 |
accompanied by written evidence that the applicant is a retired or | 678 |
honorably discharged veteran of a branch of the armed forces of | 679 |
the United States that the registrar shall require by rule. | 680 |
Upon receipt of an application for registration of a | 681 |
motorcycle under this section, presentation of satisfactory | 682 |
evidence documenting that the applicant is a retired or honorably | 683 |
discharged veteran of a branch of the armed forces of the United | 684 |
States, and payment of the | 685 |
fee prescribed in section 4503.04 of the Revised Code and any | 686 |
local motor vehicle license tax levied under Chapter 4504. of the | 687 |
Revised Code, the registrar shall issue to the applicant the | 688 |
appropriate motor vehicle registration and a license plate and a | 689 |
validation sticker or a validation sticker alone when required by | 690 |
section 4503.191 of the Revised Code. | 691 |
(B) License plates issued under this section shall be | 692 |
inscribed with the letters and numbers ordinarily inscribed on | 693 |
motorcycle license plates, except that the registrar shall provide | 694 |
for one of the following: | 695 |
(1) The license plates to contain an inscription or symbol | 696 |
representing veterans of the armed forces of the United States; | 697 |
(2) The plates to include the word "veteran" or "vet"; | 698 |
(3) The plates to be designed to display a sticker bearing | 699 |
the word "veteran." | 700 |
(C) Sections 4503.77 and 4503.78 of the Revised Code do not | 701 |
apply to license plates issued under this section. | 702 |
Sec. 4507.11. (A) The registrar of motor vehicles shall | 703 |
conduct all necessary examinations of applicants for temporary | 704 |
instruction permits, drivers' licenses, or motorcycle operators' | 705 |
endorsements. The examination shall include a test of the | 706 |
applicant's knowledge of motor vehicle laws, including the laws on | 707 |
stopping for school buses, a test of the applicant's physical | 708 |
fitness to drive, and a test of the applicant's ability to | 709 |
understand highway traffic control devices. The examination may be | 710 |
conducted in such a manner that applicants who are illiterate or | 711 |
limited in their knowledge of the English language may be tested | 712 |
by methods that would indicate to the examining officer that the | 713 |
applicant has a reasonable knowledge of motor vehicle laws and | 714 |
understands highway traffic control devices. An applicant for a | 715 |
driver's license shall give an actual demonstration of the ability | 716 |
to exercise ordinary and reasonable control in the operation of a | 717 |
motor vehicle by driving the same under the supervision of an | 718 |
examining officer; however, no applicant for a driver's license | 719 |
shall use a low-speed or under-speed vehicle for the purpose of | 720 |
demonstrating ability to exercise ordinary and reasonable control | 721 |
over a vehicle. Except as provided in division (B) of this | 722 |
section, an applicant for a motorcycle operator's endorsement or a | 723 |
restricted license that permits only the operation of a motorcycle | 724 |
shall give an actual demonstration of the ability to exercise | 725 |
ordinary and reasonable control in the operation of a motorcycle | 726 |
by driving the same under the supervision of an examining officer; | 727 |
however, no applicant for such an endorsement or restricted | 728 |
license shall use a motor-driven cycle or motor scooter for the | 729 |
purpose of demonstrating ability to exercise ordinary and | 730 |
reasonable control in the operation of a motorcycle. Except as | 731 |
provided in section 4507.12 of the Revised Code, the registrar | 732 |
shall designate the highway patrol, any law enforcement body, or | 733 |
any other employee of the department of public safety to supervise | 734 |
and conduct examinations for temporary instruction permits, | 735 |
drivers' licenses, and motorcycle operators' endorsements and | 736 |
shall provide the necessary rules and forms to properly conduct | 737 |
the examinations. The records of the examinations, together with | 738 |
the application for a temporary instruction permit, driver's | 739 |
license, or motorcycle operator's endorsement, shall be forwarded | 740 |
to the registrar by the deputy registrar, and, if in the opinion | 741 |
of the registrar the applicant is qualified to operate a motor | 742 |
vehicle, the registrar shall issue the permit, license, or | 743 |
endorsement. | 744 |
The registrar may authorize the highway patrol, other | 745 |
designated law enforcement body, or other designated employee of | 746 |
the department of public safety to issue an examiner's driving | 747 |
permit to an applicant who has passed the required examination, | 748 |
authorizing that applicant to operate a motor vehicle while the | 749 |
registrar is completing an investigation relative to that | 750 |
applicant's qualifications to receive a temporary instruction | 751 |
permit, driver's license, or motorcycle operator's endorsement. | 752 |
The examiner's driving permit shall be in the immediate possession | 753 |
of the applicant while operating a motor vehicle and shall be | 754 |
effective until final action and notification has been given by | 755 |
the registrar, but in no event longer than sixty days from its | 756 |
date of issuance. | 757 |
(B)(1) An applicant for a motorcycle operator's endorsement | 758 |
or a restricted license that permits only the operation of a | 759 |
motorcycle who presents to the registrar of motor vehicles or a | 760 |
deputy registrar a form approved by the director of public safety | 761 |
attesting to the applicant's successful completion within the | 762 |
preceding sixty days of a course of basic instruction provided by | 763 |
the motorcycle safety and education program approved by the | 764 |
director pursuant to section 4508.08 of the Revised Code shall not | 765 |
be required to give an actual demonstration of the ability to | 766 |
operate a motorcycle by driving a motorcycle under the supervision | 767 |
of an examining officer, as described in division (A) of this | 768 |
section. Upon presentation of the form described in division | 769 |
(B)(1) of this section and compliance with all other requirements | 770 |
relating to the issuance of a motorcycle operator's endorsement or | 771 |
a restricted license that permits only the operation of a | 772 |
motorcycle, the registrar or deputy registrar shall issue to the | 773 |
applicant the endorsement or restricted license, as the case may | 774 |
be. | 775 |
(2) A person who has not attained eighteen years of age and | 776 |
presents an application for a motorcycle operator's endorsement or | 777 |
a restricted license under division (B)(1) of this section also | 778 |
shall comply with the requirements of section 4507.21 of the | 779 |
Revised Code. | 780 |
Sec. 4511.01. As used in this chapter and in Chapter 4513. | 781 |
of the Revised Code: | 782 |
(A) "Vehicle" means every device, including a motorized | 783 |
bicycle, in, upon, or by which any person or property may be | 784 |
transported or drawn upon a highway, except that "vehicle" does | 785 |
not include any motorized wheelchair, any electric personal | 786 |
assistive mobility device, any device that is moved by power | 787 |
collected from overhead electric trolley wires or that is used | 788 |
exclusively upon stationary rails or tracks, or any device, other | 789 |
than a bicycle, that is moved by human power. | 790 |
(B) "Motor vehicle" means every vehicle propelled or drawn by | 791 |
power other than muscular power or power collected from overhead | 792 |
electric trolley wires, except motorized bicycles, road rollers, | 793 |
traction engines, power shovels, power cranes, and other equipment | 794 |
used in construction work and not designed for or employed in | 795 |
general highway transportation, hole-digging machinery, | 796 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 797 |
and trailers designed and used exclusively to transport a boat | 798 |
between a place of storage and a marina, or in and around a | 799 |
marina, when drawn or towed on a street or highway for a distance | 800 |
of no more than ten miles and at a speed of twenty-five miles per | 801 |
hour or less. | 802 |
(C) "Motorcycle" means every motor vehicle, other than a | 803 |
tractor, having a seat or saddle for the use of the operator and | 804 |
designed to travel on not more than three wheels in contact with | 805 |
the ground, including, but not limited to, motor vehicles known as | 806 |
"motor-driven cycle," "motor scooter," "cab-enclosed motorcycle," | 807 |
or "motorcycle" without regard to weight or brake horsepower. | 808 |
(D) "Emergency vehicle" means emergency vehicles of | 809 |
municipal, township, or county departments or public utility | 810 |
corporations when identified as such as required by law, the | 811 |
director of public safety, or local authorities, and motor | 812 |
vehicles when commandeered by a police officer. | 813 |
(E) "Public safety vehicle" means any of the following: | 814 |
(1) Ambulances, including private ambulance companies under | 815 |
contract to a municipal corporation, township, or county, and | 816 |
private ambulances and nontransport vehicles bearing license | 817 |
plates issued under section 4503.49 of the Revised Code; | 818 |
(2) Motor vehicles used by public law enforcement officers or | 819 |
other persons sworn to enforce the criminal and traffic laws of | 820 |
the state; | 821 |
(3) Any motor vehicle when properly identified as required by | 822 |
the director of public safety, when used in response to fire | 823 |
emergency calls or to provide emergency medical service to ill or | 824 |
injured persons, and when operated by a duly qualified person who | 825 |
is a member of a volunteer rescue service or a volunteer fire | 826 |
department, and who is on duty pursuant to the rules or directives | 827 |
of that service. The state fire marshal shall be designated by the | 828 |
director of public safety as the certifying agency for all public | 829 |
safety vehicles described in division (E)(3) of this section. | 830 |
(4) Vehicles used by fire departments, including motor | 831 |
vehicles when used by volunteer fire fighters responding to | 832 |
emergency calls in the fire department service when identified as | 833 |
required by the director of public safety. | 834 |
Any vehicle used to transport or provide emergency medical | 835 |
service to an ill or injured person, when certified as a public | 836 |
safety vehicle, shall be considered a public safety vehicle when | 837 |
transporting an ill or injured person to a hospital regardless of | 838 |
whether such vehicle has already passed a hospital. | 839 |
(5) Vehicles used by the motor carrier enforcement unit for | 840 |
the enforcement of orders and rules of the public utilities | 841 |
commission as specified in section 5503.34 of the Revised Code. | 842 |
(F) "School bus" means every bus designed for carrying more | 843 |
than nine passengers that is owned by a public, private, or | 844 |
governmental agency or institution of learning and operated for | 845 |
the transportation of children to or from a school session or a | 846 |
school function, or owned by a private person and operated for | 847 |
compensation for the transportation of children to or from a | 848 |
school session or a school function, provided "school bus" does | 849 |
not include a bus operated by a municipally owned transportation | 850 |
system, a mass transit company operating exclusively within the | 851 |
territorial limits of a municipal corporation, or within such | 852 |
limits and the territorial limits of municipal corporations | 853 |
immediately contiguous to such municipal corporation, nor a common | 854 |
passenger carrier certified by the public utilities commission | 855 |
unless such bus is devoted exclusively to the transportation of | 856 |
children to and from a school session or a school function, and | 857 |
"school bus" does not include a van or bus used by a licensed | 858 |
child day-care center or type A family day-care home to transport | 859 |
children from the child day-care center or type A family day-care | 860 |
home to a school if the van or bus does not have more than fifteen | 861 |
children in the van or bus at any time. | 862 |
(G) "Bicycle" means every device, other than a tricycle | 863 |
designed solely for use as a play vehicle by a child, propelled | 864 |
solely by human power upon which any person may ride having two | 865 |
tandem wheels, or one wheel in the front and two wheels in the | 866 |
rear, or two wheels in the front and one wheel in the rear, any of | 867 |
which is more than fourteen inches in diameter. | 868 |
(H) "Motorized bicycle" or "moped" means any vehicle having | 869 |
either two tandem wheels or one wheel in the front and two wheels | 870 |
in the rear, that | 871 |
equipped with a helper motor of not more than fifty cubic | 872 |
centimeters piston displacement that produces no more than one | 873 |
brake horsepower and is capable of propelling the vehicle at a | 874 |
speed of no greater than twenty miles per hour on a level surface. | 875 |
(I) "Commercial tractor" means every motor vehicle having | 876 |
motive power designed or used for drawing other vehicles and not | 877 |
so constructed as to carry any load thereon, or designed or used | 878 |
for drawing other vehicles while carrying a portion of such other | 879 |
vehicles, or load thereon, or both. | 880 |
(J) "Agricultural tractor" means every self-propelling | 881 |
vehicle designed or used for drawing other vehicles or wheeled | 882 |
machinery but having no provision for carrying loads independently | 883 |
of such other vehicles, and used principally for agricultural | 884 |
purposes. | 885 |
(K) "Truck" means every motor vehicle, except trailers and | 886 |
semitrailers, designed and used to carry property. | 887 |
(L) "Bus" means every motor vehicle designed for carrying | 888 |
more than nine passengers and used for the transportation of | 889 |
persons other than in a ridesharing arrangement, and every motor | 890 |
vehicle, automobile for hire, or funeral car, other than a taxicab | 891 |
or motor vehicle used in a ridesharing arrangement, designed and | 892 |
used for the transportation of persons for compensation. | 893 |
(M) "Trailer" means every vehicle designed or used for | 894 |
carrying persons or property wholly on its own structure and for | 895 |
being drawn by a motor vehicle, including any such vehicle when | 896 |
formed by or operated as a combination of a "semitrailer" and a | 897 |
vehicle of the dolly type, such as that commonly known as a | 898 |
"trailer dolly," a vehicle used to transport agricultural produce | 899 |
or agricultural production materials between a local place of | 900 |
storage or supply and the farm when drawn or towed on a street or | 901 |
highway at a speed greater than twenty-five miles per hour, and a | 902 |
vehicle designed and used exclusively to transport a boat between | 903 |
a place of storage and a marina, or in and around a marina, when | 904 |
drawn or towed on a street or highway for a distance of more than | 905 |
ten miles or at a speed of more than twenty-five miles per hour. | 906 |
(N) "Semitrailer" means every vehicle designed or used for | 907 |
carrying persons or property with another and separate motor | 908 |
vehicle so that in operation a part of its own weight or that of | 909 |
its load, or both, rests upon and is carried by another vehicle. | 910 |
(O) "Pole trailer" means every trailer or semitrailer | 911 |
attached to the towing vehicle by means of a reach, pole, or by | 912 |
being boomed or otherwise secured to the towing vehicle, and | 913 |
ordinarily used for transporting long or irregular shaped loads | 914 |
such as poles, pipes, or structural members capable, generally, of | 915 |
sustaining themselves as beams between the supporting connections. | 916 |
(P) "Railroad" means a carrier of persons or property | 917 |
operating upon rails placed principally on a private right-of-way. | 918 |
(Q) "Railroad train" means a steam engine or an electric or | 919 |
other motor, with or without cars coupled thereto, operated by a | 920 |
railroad. | 921 |
(R) "Streetcar" means a car, other than a railroad train, for | 922 |
transporting persons or property, operated upon rails principally | 923 |
within a street or highway. | 924 |
(S) "Trackless trolley" means every car that collects its | 925 |
power from overhead electric trolley wires and that is not | 926 |
operated upon rails or tracks. | 927 |
(T) "Explosives" means any chemical compound or mechanical | 928 |
mixture that is intended for the purpose of producing an explosion | 929 |
that contains any oxidizing and combustible units or other | 930 |
ingredients in such proportions, quantities, or packing that an | 931 |
ignition by fire, by friction, by concussion, by percussion, or by | 932 |
a detonator of any part of the compound or mixture may cause such | 933 |
a sudden generation of highly heated gases that the resultant | 934 |
gaseous pressures are capable of producing destructive effects on | 935 |
contiguous objects, or of destroying life or limb. Manufactured | 936 |
articles shall not be held to be explosives when the individual | 937 |
units contain explosives in such limited quantities, of such | 938 |
nature, or in such packing, that it is impossible to procure a | 939 |
simultaneous or a destructive explosion of such units, to the | 940 |
injury of life, limb, or property by fire, by friction, by | 941 |
concussion, by percussion, or by a detonator, such as fixed | 942 |
ammunition for small arms, firecrackers, or safety fuse matches. | 943 |
(U) "Flammable liquid" means any liquid that has a flash | 944 |
point of seventy degrees fahrenheit, or less, as determined by a | 945 |
tagliabue or equivalent closed cup test device. | 946 |
(V) "Gross weight" means the weight of a vehicle plus the | 947 |
weight of any load thereon. | 948 |
(W) "Person" means every natural person, firm, | 949 |
co-partnership, association, or corporation. | 950 |
(X) "Pedestrian" means any natural person afoot. | 951 |
(Y) "Driver or operator" means every person who drives or is | 952 |
in actual physical control of a vehicle, trackless trolley, or | 953 |
streetcar. | 954 |
(Z) "Police officer" means every officer authorized to direct | 955 |
or regulate traffic, or to make arrests for violations of traffic | 956 |
regulations. | 957 |
(AA) "Local authorities" means every county, municipal, and | 958 |
other local board or body having authority to adopt police | 959 |
regulations under the constitution and laws of this state. | 960 |
(BB) "Street" or "highway" means the entire width between the | 961 |
boundary lines of every way open to the use of the public as a | 962 |
thoroughfare for purposes of vehicular travel. | 963 |
(CC) "Controlled-access highway" means every street or | 964 |
highway in respect to which owners or occupants of abutting lands | 965 |
and other persons have no legal right of access to or from the | 966 |
same except at such points only and in such manner as may be | 967 |
determined by the public authority having jurisdiction over such | 968 |
street or highway. | 969 |
(DD) "Private road or driveway" means every way or place in | 970 |
private ownership used for vehicular travel by the owner and those | 971 |
having express or implied permission from the owner but not by | 972 |
other persons. | 973 |
(EE) "Roadway" means that portion of a highway improved, | 974 |
designed, or ordinarily used for vehicular travel, except the berm | 975 |
or shoulder. If a highway includes two or more separate roadways | 976 |
the term "roadway" means any such roadway separately but not all | 977 |
such roadways collectively. | 978 |
(FF) "Sidewalk" means that portion of a street between the | 979 |
curb lines, or the lateral lines of a roadway, and the adjacent | 980 |
property lines, intended for the use of pedestrians. | 981 |
(GG) "Laned highway" means a highway the roadway of which is | 982 |
divided into two or more clearly marked lanes for vehicular | 983 |
traffic. | 984 |
(HH) "Through highway" means every street or highway as | 985 |
provided in section 4511.65 of the Revised Code. | 986 |
(II) "State highway" means a highway under the jurisdiction | 987 |
of the department of transportation, outside the limits of | 988 |
municipal corporations, provided that the authority conferred upon | 989 |
the director of transportation in section 5511.01 of the Revised | 990 |
Code to erect state highway route markers and signs directing | 991 |
traffic shall not be modified by sections 4511.01 to 4511.79 and | 992 |
4511.99 of the Revised Code. | 993 |
(JJ) "State route" means every highway that is designated | 994 |
with an official state route number and so marked. | 995 |
(KK) "Intersection" means: | 996 |
(1) The area embraced within the prolongation or connection | 997 |
of the lateral curb lines, or, if none, then the lateral boundary | 998 |
lines of the roadways of two highways which join one another at, | 999 |
or approximately at, right angles, or the area within which | 1000 |
vehicles traveling upon different highways joining at any other | 1001 |
angle may come in conflict. | 1002 |
(2) Where a highway includes two roadways thirty feet or more | 1003 |
apart, then every crossing of each roadway of such divided highway | 1004 |
by an intersecting highway shall be regarded as a separate | 1005 |
intersection. If an intersecting highway also includes two | 1006 |
roadways thirty feet or more apart, then every crossing of two | 1007 |
roadways of such highways shall be regarded as a separate | 1008 |
intersection. | 1009 |
(3) The junction of an alley with a street or highway, or | 1010 |
with another alley, shall not constitute an intersection. | 1011 |
(LL) "Crosswalk" means: | 1012 |
(1) That part of a roadway at intersections ordinarily | 1013 |
included within the real or projected prolongation of property | 1014 |
lines and curb lines or, in the absence of curbs, the edges of the | 1015 |
traversable roadway; | 1016 |
(2) Any portion of a roadway at an intersection or elsewhere, | 1017 |
distinctly indicated for pedestrian crossing by lines or other | 1018 |
markings on the surface; | 1019 |
(3) Notwithstanding divisions (LL)(1) and (2) of this | 1020 |
section, there shall not be a crosswalk where local authorities | 1021 |
have placed signs indicating no crossing. | 1022 |
(MM) "Safety zone" means the area or space officially set | 1023 |
apart within a roadway for the exclusive use of pedestrians and | 1024 |
protected or marked or indicated by adequate signs as to be | 1025 |
plainly visible at all times. | 1026 |
(NN) "Business district" means the territory fronting upon a | 1027 |
street or highway, including the street or highway, between | 1028 |
successive intersections within municipal corporations where fifty | 1029 |
per cent or more of the frontage between such successive | 1030 |
intersections is occupied by buildings in use for business, or | 1031 |
within or outside municipal corporations where fifty per cent or | 1032 |
more of the frontage for a distance of three hundred feet or more | 1033 |
is occupied by buildings in use for business, and the character of | 1034 |
such territory is indicated by official traffic control devices. | 1035 |
(OO) "Residence district" means the territory, not comprising | 1036 |
a business district, fronting on a street or highway, including | 1037 |
the street or highway, where, for a distance of three hundred feet | 1038 |
or more, the frontage is improved with residences or residences | 1039 |
and buildings in use for business. | 1040 |
(PP) "Urban district" means the territory contiguous to and | 1041 |
including any street or highway which is built up with structures | 1042 |
devoted to business, industry, or dwelling houses situated at | 1043 |
intervals of less than one hundred feet for a distance of a | 1044 |
quarter of a mile or more, and the character of such territory is | 1045 |
indicated by official traffic control devices. | 1046 |
(QQ) "Traffic control devices" means all flaggers, signs, | 1047 |
signals, markings, and devices placed or erected by authority of a | 1048 |
public body or official having jurisdiction, for the purpose of | 1049 |
regulating, warning, or guiding traffic, including signs denoting | 1050 |
names of streets and highways. | 1051 |
(RR) "Traffic control signal" means any device, whether | 1052 |
manually, electrically, or mechanically operated, by which traffic | 1053 |
is alternately directed to stop, to proceed, to change direction, | 1054 |
or not to change direction. | 1055 |
(SS) "Railroad sign or signal" means any sign, signal, or | 1056 |
device erected by authority of a public body or official or by a | 1057 |
railroad and intended to give notice of the presence of railroad | 1058 |
tracks or the approach of a railroad train. | 1059 |
(TT) "Traffic" means pedestrians, ridden or herded animals, | 1060 |
vehicles, streetcars, trackless trolleys, and other devices, | 1061 |
either singly or together, while using any highway for purposes of | 1062 |
travel. | 1063 |
(UU) "Right-of-way" means either of the following, as the | 1064 |
context requires: | 1065 |
(1) The right of a vehicle, streetcar, trackless trolley, or | 1066 |
pedestrian to proceed uninterruptedly in a lawful manner in the | 1067 |
direction in which it or the individual is moving in preference to | 1068 |
another vehicle, streetcar, trackless trolley, or pedestrian | 1069 |
approaching from a different direction into its or the | 1070 |
individual's path; | 1071 |
(2) A general term denoting land, property, or the interest | 1072 |
therein, usually in the configuration of a strip, acquired for or | 1073 |
devoted to transportation purposes. When used in this context, | 1074 |
right-of-way includes the roadway, shoulders or berm, ditch, and | 1075 |
slopes extending to the right-of-way limits under the control of | 1076 |
the state or local authority. | 1077 |
(VV) "Rural mail delivery vehicle" means every vehicle used | 1078 |
to deliver United States mail on a rural mail delivery route. | 1079 |
(WW) "Funeral escort vehicle" means any motor vehicle, | 1080 |
including a funeral hearse, while used to facilitate the movement | 1081 |
of a funeral procession. | 1082 |
(XX) "Alley" means a street or highway intended to provide | 1083 |
access to the rear or side of lots or buildings in urban districts | 1084 |
and not intended for the purpose of through vehicular traffic, and | 1085 |
includes any street or highway that has been declared an "alley" | 1086 |
by the legislative authority of the municipal corporation in which | 1087 |
such street or highway is located. | 1088 |
(YY) "Freeway" means a divided multi-lane highway for through | 1089 |
traffic with all crossroads separated in grade and with full | 1090 |
control of access. | 1091 |
(ZZ) "Expressway" means a divided arterial highway for | 1092 |
through traffic with full or partial control of access with an | 1093 |
excess of fifty per cent of all crossroads separated in grade. | 1094 |
(AAA) "Thruway" means a through highway whose entire roadway | 1095 |
is reserved for through traffic and on which roadway parking is | 1096 |
prohibited. | 1097 |
(BBB) "Stop intersection" means any intersection at one or | 1098 |
more entrances of which stop signs are erected. | 1099 |
(CCC) "Arterial street" means any United States or state | 1100 |
numbered route, controlled access highway, or other major radial | 1101 |
or circumferential street or highway designated by local | 1102 |
authorities within their respective jurisdictions as part of a | 1103 |
major arterial system of streets or highways. | 1104 |
(DDD) "Ridesharing arrangement" means the transportation of | 1105 |
persons in a motor vehicle where such transportation is incidental | 1106 |
to another purpose of a volunteer driver and includes ridesharing | 1107 |
arrangements known as carpools, vanpools, and buspools. | 1108 |
(EEE) "Motorized wheelchair" means any self-propelled vehicle | 1109 |
designed for, and used by, a handicapped person and that is | 1110 |
incapable of a speed in excess of eight miles per hour. | 1111 |
(FFF) "Child day-care center" and "type A family day-care | 1112 |
home" have the same meanings as in section 5104.01 of the Revised | 1113 |
Code. | 1114 |
(GGG) "Multi-wheel agricultural tractor" means a type of | 1115 |
agricultural tractor that has two or more wheels or tires on each | 1116 |
side of one axle at the rear of the tractor, is designed or used | 1117 |
for drawing other vehicles or wheeled machinery, has no provision | 1118 |
for carrying loads independently of the drawn vehicles or | 1119 |
machinery, and is used principally for agricultural purposes. | 1120 |
(HHH) "Operate" means to cause or have caused movement of a | 1121 |
vehicle, streetcar, or trackless trolley. | 1122 |
(III) "Predicate motor vehicle or traffic offense" means any | 1123 |
of the following: | 1124 |
(1) A violation of section 4511.03, 4511.051, 4511.12, | 1125 |
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, | 1126 |
4511.214, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, | 1127 |
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, | 1128 |
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, | 1129 |
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451, | 1130 |
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, | 1131 |
4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, | 1132 |
4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, | 1133 |
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, | 1134 |
4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised | 1135 |
Code; | 1136 |
(2) A violation of division (A)(2) of section 4511.17, | 1137 |
divisions (A) to (D) of section 4511.51, or division (A) of | 1138 |
section 4511.74 of the Revised Code; | 1139 |
(3) A violation of any provision of sections 4511.01 to | 1140 |
4511.76 of the Revised Code for which no penalty otherwise is | 1141 |
provided in the section that contains the provision violated; | 1142 |
(4) A violation of a municipal ordinance that is | 1143 |
substantially similar to any section or provision set forth or | 1144 |
described in division (III)(1), (2), or (3) of this section. | 1145 |
(JJJ) "Road service vehicle" means wreckers, utility repair | 1146 |
vehicles, and state, county, and municipal service vehicles | 1147 |
equipped with visual signals by means of flashing, rotating, or | 1148 |
oscillating lights. | 1149 |
Sec. 4511.214. (A)(1) No person shall operate a low-speed | 1150 |
vehicle or moped upon any street or highway having an established | 1151 |
speed limit greater than thirty-five miles per hour. | 1152 |
(2) No person shall operate an under-speed vehicle upon any | 1153 |
street or highway except as follows: | 1154 |
(a) Upon a street or highway having an established speed | 1155 |
limit not greater than thirty-five miles per hour and only upon | 1156 |
such streets or highways where a local authority has granted | 1157 |
permission for such operation in accordance with section 4511.215 | 1158 |
of the Revised Code; | 1159 |
(b) A state park employee or volunteer operating a utility | 1160 |
vehicle exclusively within the boundaries of state parks for the | 1161 |
operation or maintenance of state park facilities. | 1162 |
(3) No person shall operate a motor-driven cycle or motor | 1163 |
scooter upon any street or highway having an established speed | 1164 |
limit greater than forty-five miles per hour. | 1165 |
(B) This section does not prohibit either of the following: | 1166 |
(1) A person operating a low-speed vehicle, under-speed | 1167 |
vehicle, or moped from proceeding across an intersection of a | 1168 |
street or highway having a speed limit greater than thirty-five | 1169 |
miles per hour; | 1170 |
(2) A person operating a motor-driven cycle or motor scooter | 1171 |
from proceeding across an intersection of a street or highway | 1172 |
having a speed limit greater than forty-five miles per hour. | 1173 |
(C) Nothing in this section shall prevent a local authority | 1174 |
from adopting more stringent local ordinances governing the | 1175 |
operation of a low-speed vehicle, a moped, or a motor-driven cycle | 1176 |
or motor scooter. | 1177 |
(D) Except as otherwise provided in this division, whoever | 1178 |
violates division (A) of this section is guilty of a minor | 1179 |
misdemeanor. If within one year of the offense, the offender | 1180 |
previously has been convicted of or pleaded guilty to one | 1181 |
predicate motor vehicle or traffic offense, whoever violates this | 1182 |
section is guilty of a misdemeanor of the fourth degree. If within | 1183 |
one year of the offense, the offender previously has been | 1184 |
convicted of two or more predicate motor vehicle or traffic | 1185 |
offenses, whoever violates this section is guilty of a misdemeanor | 1186 |
of the third degree. | 1187 |
Sec. 4511.215. (A) A local authority may authorize the | 1188 |
operation of under-speed vehicles on a public street or highway | 1189 |
under its jurisdiction. A local authority that authorizes the | 1190 |
operation of under-speed vehicles shall do all of the following: | 1191 |
(1) Limit the operation of those vehicles to streets and | 1192 |
highways having an established speed limit not greater than | 1193 |
thirty-five miles per hour; | 1194 |
(2) Require the vehicle owner who wishes to operate an | 1195 |
under-speed vehicle on the public streets or highways to submit | 1196 |
the vehicle to an inspection conducted by a local law enforcement | 1197 |
agency that complies with inspection requirements established by | 1198 |
the department of public safety under section 4513.02 of the | 1199 |
Revised Code; | 1200 |
(3) Permit the operation on public streets or highways of | 1201 |
only such vehicles that successfully pass the required vehicle | 1202 |
inspection, are registered in accordance with Chapter 4503. of the | 1203 |
Revised Code, and are titled in accordance with Chapter 4505. of | 1204 |
the Revised Code; | 1205 |
(4) Notify the director of public safety, in a manner the | 1206 |
director determines, of the authorization for the operation of | 1207 |
under-speed vehicles. | 1208 |
(B) A local authority may establish additional requirements | 1209 |
for the operation of under-speed vehicles on its streets and | 1210 |
highways. | 1211 |
Sec. 4511.53. (A) For purposes of this section, "snowmobile" | 1212 |
has the same meaning as given that term in section 4519.01 of the | 1213 |
Revised Code. | 1214 |
(B) No person operating a bicycle shall ride other than upon | 1215 |
or astride the permanent and regular seat attached thereto or | 1216 |
carry any other person upon such bicycle other than upon a firmly | 1217 |
attached and regular seat thereon, and no person shall ride upon a | 1218 |
bicycle other than upon such a firmly attached and regular seat. | 1219 |
No person operating a motorcycle shall ride other than upon | 1220 |
or astride the permanent and regular seat or saddle attached | 1221 |
thereto, or carry any other person upon such motorcycle other than | 1222 |
upon a firmly attached and regular seat or saddle thereon, and no | 1223 |
person shall ride upon a motorcycle other than upon such a firmly | 1224 |
attached and regular seat or saddle. | 1225 |
No person shall ride upon a motorcycle that is equipped with | 1226 |
a saddle other than while sitting astride the saddle, facing | 1227 |
forward, with one leg on each side of the motorcycle. | 1228 |
No person shall ride upon a motorcycle that is equipped with | 1229 |
a seat other than while sitting upon the seat. | 1230 |
No person operating a bicycle shall carry any package, | 1231 |
bundle, or article that prevents the driver from keeping at least | 1232 |
one hand upon the handle bars. | 1233 |
No bicycle or motorcycle shall be used to carry more persons | 1234 |
at one time than the number for which it is designed and equipped, | 1235 |
nor shall any motorcycle be operated on a highway when the handle | 1236 |
bars or grips are more than fifteen inches higher than the seat or | 1237 |
saddle for the operator. | 1238 |
| 1239 |
section, no person shall operate or be a passenger on a snowmobile | 1240 |
or motorcycle without using safety glasses or other protective eye | 1241 |
device | 1242 |
who holds a motorcycle operator's endorsement or license bearing a | 1243 |
"novice" designation that is currently in effect as provided in | 1244 |
section 4507.13 of the Revised Code, shall operate a motorcycle on | 1245 |
a highway, or be a passenger on a motorcycle, unless wearing a | 1246 |
protective helmet on the person's head, and no other person shall | 1247 |
be a passenger on a motorcycle operated by such a person unless | 1248 |
similarly wearing a protective helmet. The helmet, safety glasses, | 1249 |
or other protective eye device shall conform with regulations | 1250 |
prescribed and promulgated by the director of public safety. The | 1251 |
provisions of this paragraph or a violation thereof shall not be | 1252 |
used in the trial of any civil action. | 1253 |
| 1254 |
person operating a cab-enclosed motorcycle when the occupant | 1255 |
compartment top is in place enclosing the occupants. | 1256 |
(D) Nothing in this section shall be construed as prohibiting | 1257 |
the carrying of a child in a seat or trailer that is designed for | 1258 |
carrying children and is firmly attached to the bicycle. | 1259 |
| 1260 |
violates division (B) or (C)(1) of this section is guilty of a | 1261 |
minor misdemeanor. If, within one year of the offense, the | 1262 |
offender previously has been convicted of or pleaded guilty to one | 1263 |
predicate motor vehicle or traffic offense, whoever violates | 1264 |
division (B) or (C)(1) of this section is guilty of a misdemeanor | 1265 |
of the fourth degree. If, within one year of the offense, the | 1266 |
offender previously has been convicted of two or more predicate | 1267 |
motor vehicle or traffic offenses, whoever violates division (B) | 1268 |
or (C)(1) of this section is guilty of a misdemeanor of the third | 1269 |
degree. | 1270 |
Sec. 4519.01. As used in this chapter: | 1271 |
(A) "Snowmobile" means any self-propelled vehicle designed | 1272 |
primarily for use on snow or ice, and steered by skis, runners, or | 1273 |
caterpillar treads. | 1274 |
(B) "All-purpose vehicle" means any self-propelled vehicle | 1275 |
designed primarily for cross-country travel on land and water, or | 1276 |
on more than one type of terrain, and steered by wheels or | 1277 |
caterpillar treads, or any combination thereof, including vehicles | 1278 |
that operate on a cushion of air, vehicles commonly known as | 1279 |
all-terrain vehicles, all-season vehicles, mini-bikes, and trail | 1280 |
bikes. "All-purpose vehicle" does not include a utility vehicle as | 1281 |
defined in section 4501.01 of the Revised Code or any vehicle | 1282 |
principally used in playing golf, any motor vehicle or aircraft | 1283 |
required to be registered under Chapter 4503. or 4561. of the | 1284 |
Revised Code, and any vehicle excepted from definition as a motor | 1285 |
vehicle by division (B) of section 4501.01 of the Revised Code. | 1286 |
(C) "Owner" means any person or firm, other than a lienholder | 1287 |
or dealer, having title to a snowmobile, off-highway motorcycle, | 1288 |
or all-purpose vehicle, or other right to the possession thereof. | 1289 |
(D) "Operator" means any person who operates or is in actual | 1290 |
physical control of a snowmobile, off-highway motorcycle, or | 1291 |
all-purpose vehicle. | 1292 |
(E) "Dealer" means any person or firm engaged in the business | 1293 |
of manufacturing or selling snowmobiles, off-highway motorcycles, | 1294 |
or all-purpose vehicles at wholesale or retail, or who rents, | 1295 |
leases, or otherwise furnishes snowmobiles, off-highway | 1296 |
motorcycles, or all-purpose vehicles for hire. | 1297 |
(F) "Street or highway" has the same meaning as in section | 1298 |
4511.01 of the Revised Code. | 1299 |
(G) "Limited access highway" and "freeway" have the same | 1300 |
meanings as in section 5511.02 of the Revised Code. | 1301 |
(H) "Interstate highway" means any part of the interstate | 1302 |
system of highways as defined in subsection (e), 90 Stat. 431 | 1303 |
(1976), 23 U.S.C.A. 103, as amended. | 1304 |
(I) "Off-highway motorcycle" means every motorcycle, as | 1305 |
defined in section 4511.01 of the Revised Code, that is designed | 1306 |
to be operated primarily on lands other than a street or highway. | 1307 |
(J) "Electronic" and "electronic record" have the same | 1308 |
meanings as in section 4501.01 of the Revised Code. | 1309 |
(K) "Electronic dealer" means a dealer whom the registrar of | 1310 |
motor vehicles designates under section 4519.511 of the Revised | 1311 |
Code. | 1312 |
(L) "Mini-truck" means a vehicle that has four wheels, is | 1313 |
propelled by an electric motor with a rated power of seven | 1314 |
thousand five hundred watts or less or an internal combustion | 1315 |
engine with a piston displacement capacity of six hundred sixty | 1316 |
cubic centimeters or less, has a total dry weight of nine hundred | 1317 |
to two thousand two hundred pounds, contains an enclosed cabin and | 1318 |
a seat for the vehicle operator, resembles a pickup truck or van | 1319 |
with a cargo area or bed located at the rear of the vehicle, and | 1320 |
was not originally manufactured to meet federal motor vehicle | 1321 |
safety standards. | 1322 |
Sec. 4519.02. (A) Except as provided in divisions (B), (C), | 1323 |
and (D) of this section, no person shall operate any snowmobile, | 1324 |
off-highway motorcycle, or all-purpose vehicle within this state | 1325 |
unless the snowmobile, off-highway motorcycle, or all-purpose | 1326 |
vehicle is registered and numbered in accordance with sections | 1327 |
4519.03 and 4519.04 of the Revised Code. | 1328 |
(B)(1) No registration is required for a snowmobile or | 1329 |
off-highway motorcycle that is operated exclusively upon lands | 1330 |
owned by the owner of the snowmobile or off-highway motorcycle, or | 1331 |
on lands to which the owner of the snowmobile or off-highway | 1332 |
motorcycle has a contractual right. | 1333 |
(2) No registration is required for an all-purpose vehicle or | 1334 |
mini-truck that is used primarily for agricultural purposes when | 1335 |
the owner qualifies for the current agricultural use valuation tax | 1336 |
credit, unless it is to be used on any public land, trail, or | 1337 |
right-of-way. | 1338 |
(3) Any all-purpose vehicle or mini-truck exempted from | 1339 |
registration under division (B)(2) of this section and operated | 1340 |
for agricultural purposes may use public roads and rights-of-way | 1341 |
when traveling from one farm field to another, when such use does | 1342 |
not violate section 4519.41 of the Revised Code. | 1343 |
(C) No registration is required for a snowmobile, off-highway | 1344 |
motorcycle, or all-purpose vehicle owned and used in this state by | 1345 |
a resident of another state whenever that state has in effect a | 1346 |
registration law similar to this chapter and the snowmobile, | 1347 |
off-highway motorcycle, or all-purpose vehicle is properly | 1348 |
registered under that state's law. Any snowmobile, off-highway | 1349 |
motorcycle, or all-purpose vehicle owned and used in this state by | 1350 |
a resident of a state not having a registration law similar to | 1351 |
this chapter shall comply with section 4519.09 of the Revised | 1352 |
Code. | 1353 |
(D) No registration is required for a snowmobile, off-highway | 1354 |
motorcycle, or all-purpose vehicle owned and used in this state by | 1355 |
the United States, another state, or a political subdivision | 1356 |
thereof, but the snowmobile, off-highway motorcycle, or | 1357 |
all-purpose vehicle shall display the name of the owner thereon. | 1358 |
(E) The owner or operator of any all-purpose vehicle operated | 1359 |
or used upon the waters in this state shall comply with Chapters | 1360 |
1547. and 1548. of the Revised Code relative to the operation of | 1361 |
watercraft. | 1362 |
(F) Except as otherwise provided in this division, whoever | 1363 |
violates division (A) of this section shall be fined not less than | 1364 |
fifty dollars but not more than one hundred dollars. | 1365 |
Section 2. That existing sections 4501.01, 4501.13, 4503.04, | 1366 |
4503.21, 4503.22, 4503.544, 4507.11, 4511.01, 4511.53, 4519.01, | 1367 |
and 4519.02 of the Revised Code are hereby repealed. | 1368 |
Section 3. Section 4507.11 of the Revised Code is presented | 1369 |
in this act as a composite of the section as amended by both Am. | 1370 |
Sub. H.B. 600 and S.B. 271 of the 123rd General Assembly. The | 1371 |
General Assembly, applying the principle stated in division (B) of | 1372 |
section 1.52 of the Revised Code that amendments are to be | 1373 |
harmonized if reasonably capable of simultaneous operation, finds | 1374 |
that the composite is the resulting version of the section in | 1375 |
effect prior to the effective date of the section as presented in | 1376 |
this act. | 1377 |