Bill Text: OH SB342 | 2013-2014 | 130th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: To establish conditions for the use by local authorities of traffic law photo-monitoring devices to detect certain traffic law violations and to require the Department of Public Safety to issue a report on texting while driving citations.

Spectrum: Moderate Partisan Bill (Republican 24-7)

Status: (Passed) 2014-12-19 - Governor' Action [SB342 Detail]

Download: Ohio-2013-SB342-Engrossed.html

---

As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. Sub. S. B. No. 342

Senator Seitz 

Cosponsors: Senators Eklund, Faber, Jones, Jordan, Kearney, Patton, Schaffer, Tavares, Uecker 

Representatives Blessing, Barnes, Buchy, Burkley, Conditt, Dovilla, Green, Hottinger, Johnson, Letson, Maag, Mallory, Milkovich, Ramos, Retherford, Sprague, Stautberg, Terhar, Wachtmann, Young Speaker Batchelder 

---

A BILL

To amend sections 1901.20, 1907.02, 4511.094, and

1

4511.204; to amend, for the purpose of adopting a

2

new section number as indicated in parentheses,

3

section 4511.093 (4511.043); to enact sections

4

3937.411, 4511.095, 4511.096, 4511.097, 4511.098,

5

4511.099, 4511.0910, 4511.0911, 4511.0912,

6

4511.0913, and 4511.0914; to enact new sections

7

4511.092 and 4511.093; and to repeal section

8

4511.092 of the Revised Code to establish

9

conditions for the use by local authorities of

10

traffic law photo-monitoring devices to detect

11

certain traffic law violations and to require the

12

Department of Public Safety to issue a report on

13

texting while driving citations.

14

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

Section 1.  That sections 1901.20, 1907.02, 4511.094, and	15
4511.204 be amended, section 4511.093 (4511.043) be amended for	16
the purpose of adopting a new section number as indicated in	17
parentheses, and sections 3937.411, 4511.095, 4511.096, 4511.097,	18
4511.098, 4511.099, 4511.0910, 4511.0911, 4511.0912, 4511.0913,	19
and 4511.0914 and new sections 4511.092 and 4511.093 of the	20
Revised Code be enacted to read as follows:	21

Sec. 1901.20.  (A)(1) The municipal court has jurisdiction of	22
to hear misdemeanor cases committed within its territory and has	23
jurisdiction over the violation of any ordinance of any municipal	24
corporation within its territory, unless the violation is a civil	25
violation based upon evidence recorded by a traffic law	26
photo-monitoring device and issued pursuant to division (B)(3) of	27
section 4511.093 of the Revised Code or the violation is required	28
to be handled by a parking violations bureau or joint parking	29
violations bureau pursuant to Chapter 4521. of the Revised Code,	30
and of the violation of any misdemeanor committed within the	31
limits of its territory. The. However, the municipal court has	32
jurisdiction ofover the violation of a vehicle parking or	33
standing resolution or regulation if a local authority, as defined	34
in division (D) of section 4521.01 of the Revised Code, has	35
specified that it is not to be considered a criminal offense, if	36
the violation is committed within the limits of the court's	37
territory, and if the violation is not required to be handled by a	38
parking violations bureau or joint parking violations bureau	39
pursuant to Chapter 4521. of the Revised Code. The	40

The municipal court, if it has a housing or environmental	41
division, has jurisdiction ofover any criminal action over which	42
the housing or environmental division is given jurisdiction by	43
section 1901.181 of the Revised Code, provided that, except as	44
specified in division (B) of that section, no judge of the court	45
other than the judge of the division shall hear or determine any	46
action over which the division has jurisdiction. In all such	47
prosecutions and cases, the court shall proceed to a final	48
determination of the prosecution or case.	49

(2) A judge of a municipal court does not have the authority	50
to dismiss a criminal complaint, charge, information, or	51
indictment solely at the request of the complaining witness and	52
over the objection of the prosecuting attorney, village solicitor,	53
city director of law, or other chief legal officer who is	54
responsible for the prosecution of the case.	55

(B) The municipal court has jurisdiction to hear felony cases	56
committed within its territory. In all felony cases, the court may	57
conduct preliminary hearings and other necessary hearings prior to	58
the indictment of the defendant or prior to the court's finding	59
that there is probable and reasonable cause to hold or recognize	60
the defendant to appear before a court of common pleas and may	61
discharge, recognize, or commit the defendant.	62

(C)(1) A municipal court has jurisdiction ofover an appeal	63
from a judgment or default judgment entered pursuant to Chapter	64
4521. of the Revised Code, as authorized by division (D) of	65
section 4521.08 of the Revised Code. The appeal shall be placed on	66
the regular docket of the court and shall be determined by a judge	67
of the court.	68

(2) A municipal court has jurisdiction over an appeal of a	69
written decision rendered by a hearing officer under section	70
4511.099 of the Revised Code if the hearing officer that rendered	71
the decision was appointed by a local authority within the	72
jurisdiction of the court.	73

Sec. 1907.02.  (A)(1) In addition to other jurisdiction	74
granted a county court in the Revised Code, a county court has	75
jurisdiction of all misdemeanor cases. A county court has	76
jurisdiction to conduct preliminary hearings in felony cases, to	77
bind over alleged felons to the court of common pleas, and to take	78
other action in felony cases as authorized by Criminal Rule 5.	79

(2) A judge of a county court does not have the authority to	80
dismiss a criminal complaint, charge, information, or indictment	81
solely at the request of the complaining witness and over the	82
objection of the prosecuting attorney, village solicitor, city	83
director of law, or other chief legal officer who is responsible	84
for the prosecution of the case.	85

(B) A county court has jurisdiction of the violation of a	86
vehicle parking or standing ordinance, resolution, or regulation	87
if a local authority, as defined in division (D) of section	88
4521.01 of the Revised Code, has specified that it is not to be	89
considered a criminal offense, if the violation is committed	90
within the limits of the court's territory, and if the violation	91
is not required to be handled by a parking violations bureau or	92
joint parking violations bureau pursuant to Chapter 4521. of the	93
Revised Code. A county court does not have jurisdiction over	94
violations of ordinances, resolutions, or regulations that are	95
required to be handled by a parking violations bureau or joint	96
parking violations bureau pursuant to that chapter.	97

A county court also has jurisdiction of an appeal from a	98
judgment or default judgment entered pursuant to Chapter 4521. of	99
the Revised Code, as authorized by division (D) of section 4521.08	100
of the Revised Code. Any such appeal shall be placed on the	101
regular docket of the court and shall be determined by a judge of	102
the court.	103

(C) A county court has jurisdiction over an appeal of a	104
written decision rendered by a hearing officer under section	105
4511.099 of the Revised Code if the hearing officer that rendered	106
the decision was appointed by a local authority within the	107
jurisdiction of the court.	108

Sec. 3937.411. No insurer shall consider the issuance of a	109
ticket for a civil violation under section 4511.097 of the Revised	110
Code to an applicant or policyholder, or an admission or finding	111
of liability related to such a ticket, as a basis for doing either	112
of the following:	113

(A) Refusing to issue or deliver a policy of insurance upon a	114
private automobile or increasing the rate to be charged for such a	115
policy;	116

(B) Increasing the premium rate, canceling, or failing to	117
renew an existing policy of insurance upon a private automobile.	118

Sec. 4511.093.        Sec. 4511.043. (A)(1) No law enforcement officer who	119
stops the operator of a motor vehicle in the course of an	120
authorized sobriety or other motor vehicle checkpoint operation or	121
a motor vehicle safety inspection shall issue a ticket, citation,	122
or summons for a secondary traffic offense unless in the course of	123
the checkpoint operation or safety inspection the officer first	124
determines that an offense other than a secondary traffic offense	125
has occurred and either places the operator or a vehicle occupant	126
under arrest or issues a ticket, citation, or summons to the	127
operator or a vehicle occupant for an offense other than a	128
secondary offense.	129

(2) A law enforcement agency that operates a motor vehicle	130
checkpoint for an express purpose related to a secondary traffic	131
offense shall not issue a ticket, citation, or summons for any	132
secondary traffic offense at such a checkpoint, but may use such a	133
checkpoint operation to conduct a public awareness campaign and	134
distribute information.	135

(B) As used in this section, "secondary traffic offense"	136
means a violation of division (A) or (F)(2) of section 4507.05,	137
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A)	138
of section 4511.204, division (C) or (D) of section 4511.81,	139
division (A)(3) of section 4513.03, or division (B) of section	140
4513.263 of the Revised Code.	141

Sec. 4511.092.  As used in sections 4511.092 to 4511.0914 of	142
the Revised Code:	143

(A) "Designated party" means the person whom the registered	144
owner of a motor vehicle, upon receipt of a ticket based upon	145
images recorded by a traffic law photo-monitoring device that	146
indicate a traffic law violation, identifies as the person who was	147
operating the vehicle of the registered owner at the time of the	148
violation.	149

(B) "Hearing officer" means any person appointed by the	150
mayor, board of county commissioners, or board of township	151
trustees of a local authority, as applicable, to conduct	152
administrative hearings on violations recorded by traffic law	153
photo-monitoring devices, other than a person who is employed by a	154
law enforcement agency as defined in section 109.573 of the	155
Revised Code.	156

(C) "Law enforcement officer" means a sheriff, deputy	157
sheriff, marshal, deputy marshal, police officer of a police	158
department of any municipal corporation, police constable of any	159
township, or police officer of a township or joint police	160
district, who is employed on a permanent, full-time basis by the	161
law enforcement agency of a local authority that assigns such	162
person to the location of a traffic law photo-monitoring device.	163

(D) "Local authority" means a municipal corporation, county,	164
or township.	165

(E) "Motor vehicle leasing dealer" has the same meaning as in	166
section 4517.01 of the Revised Code.	167

(F) "Motor vehicle renting dealer" has the same meaning as in	168
section 4549.65 of the Revised Code.	169

(G) "Recorded images" means any of the following images	170
recorded by a traffic law photo-monitoring device that show, on at	171
least one image or on a portion of the videotape, the rear of a	172
motor vehicle and the letters and numerals on the rear license	173
plate of the vehicle:	174

(1) Two or more photographs, microphotographs, electronic	175
images, or digital images;	176

(2) Videotape.

177

(H) "Registered owner" means all of the following:

178

(1) Any person or entity identified by the bureau of motor	179
vehicles or any other state motor vehicle registration bureau,	180
department, or office as the owner of a motor vehicle;	181

(2) The lessee of a motor vehicle under a lease of six months	182
or longer;	183

(3) The renter of a motor vehicle pursuant to a written	184
rental agreement with a motor vehicle renting dealer.	185

(I) "System location" means the approach to an intersection	186
or area of roadway toward which a traffic law photo-monitoring	187
device is directed and is in operation.	188

(J) "Ticket" means any traffic ticket, citation, summons, or	189
other ticket issued in response to an alleged traffic law	190
violation detected by a traffic law photo-monitoring device, that	191
represents a civil violation.	192

(K) "Traffic law photo-monitoring device" means an electronic	193
system consisting of a photographic, video, or electronic camera	194
and a means of sensing the presence of a motor vehicle that	195
automatically produces recorded images.	196

(L) "Traffic law violation" means either of the following:

197

(1) A violation of section 4511.12 of the Revised Code based	198
on the failure to comply with section 4511.13 of the Revised Code	199
or a substantially equivalent municipal ordinance that occurs at	200
an intersection due to failure to obey a traffic control signal;	201

(2) A violation of section 4511.21 or 4511.211 of the Revised	202
Code or a substantially equivalent municipal ordinance due to	203
failure to observe the applicable speed limit.	204

Sec. 4511.093. (A) A local authority may utilize a traffic	205
law photo-monitoring device for the purpose of detecting traffic	206
law violations. If the local authority is a county or township,	207
the board of county commissioners or the board of township	208
trustees may adopt such resolutions as may be necessary to enable	209
the county or township to utilize traffic law photo-monitoring	210
devices.	211

(B) The use of a traffic law photo-monitoring device is	212
subject to the following conditions:	213

(1) A local authority shall use a traffic law	214
photo-monitoring device to detect and enforce traffic law	215
violations only if a law enforcement officer is present at the	216
location of the device at all times during the operation of the	217
device and if the local authority complies with sections 4511.094	218
and 4511.095 of the Revised Code.	219

(2) A law enforcement officer who is present at the location	220
of any traffic law photo-monitoring device and who personally	221
witnesses a traffic law violation may issue a ticket for the	222
violation. Such a ticket shall be issued in accordance with	223
section 2935.25 of the Revised Code and is not subject to sections	224
4511.096 to 4511.0910 and section 4511.912 of the Revised Code.	225

(3) If a traffic law photo-monitoring device records a	226
traffic law violation and the law enforcement officer who was	227
present at the location of the traffic law photo-monitoring device	228
does not issue a ticket as provided under division (B)(2) of this	229
section, the local authority may only issue a ticket in accordance	230
with sections 4511.096 to 4511.0912 of the Revised Code.	231

Sec. 4511.094. (A) As used in this section:

232

(1) "Local authority" means a municipal corporation, county,	233
or township.	234

(2) "Traffic law photo-monitoring device" means an electronic	235
system consisting of a photographic, video, or electronic camera	236
and a means of sensing the presence of a motor vehicle that	237
automatically produces photographs, videotape, or digital images	238
of the vehicle or its license plate.	239

(B)(1) No local authority shall use traffic law	240
photo-monitoring devices to detect or enforce any traffic law	241
violation until after it has erecteddone both of the following:	242

(1) Erected signs on every highway that is not a freeway that	243
is part of the state highway system and that enters that local	244
authority. The signs shall informinforming inbound traffic that	245
the local authority utilizes traffic law photo-monitoring devices	246
to enforce traffic laws. The;	247

(2) Beginning on the effective date of this amendment,	248
erected signs at each fixed system location informing motorists	249
that a traffic law photo-monitoring device is present at the	250
location.	251

The local authority shall erect the signs shall be erected	252
within the first three hundred feet of the boundary of the local	253
authority or, ifwithin three hundred feet of the fixed system	254
location, as applicable. If the signs cannot be located within the	255
first three hundred feet of the boundary of the local authority or	256
within three hundred feet of the fixed system location, the local	257
authority shall erect the signs as close to that distance as	258
possible, provided that if. If a particular highway enters and	259
exits the territory of a local authority multiple times, the local	260
authority shall erect the signs as required by this division	261
(A)(1) of this section at the locations in each direction of	262
travel where inbound traffic on the highway first enters the	263
territory of the local authority and is not required to erect	264
additional signs along such highway each time the highway reenters	265
the territory of the local authority. The local authority is	266
responsible for all costs associated with the erection,	267
maintenance, and replacement, if necessary, of the signs. AllThe	268
local authority shall ensure that all signs erected under this	269
division shall conform in size, color, location, and content to	270
standards contained in the manual adopted by the department of	271
transportation pursuant to section 4511.09 of the Revised Code and	272
shall remain in place for as long as the local authority utilizes	273
traffic law photo-monitoring devices to enforce any traffic law.	274
Any	275

(B) A ticket, citation, or summons issued by or on behalf of	276
the local authority for any traffic law violation based upon	277
evidence gatheredrecorded by a traffic law photo-monitoring	278
device after the effective date of this sectionis invalid under	279
the following circumstances:	280

(1) If the ticket was issued after March 12, 2009, but before	281
the signs have beenrequired under division (A)(1) of this section	282
were erected is invalid; provided that no ticket, citation, or	283
summons is invalid if the;	284

(2) If the ticket was issued after the effective date of this	285
amendment but before the signs required under division (A)(2) of	286
this section were erected.	287

However, if a local authority is in substantial compliance	288
with the requirementrequirements of this division to erect the	289
signs(A)(1) or (2) of this section, as applicable, a ticket	290
issued by the local authority under sections 4511.096 to 4511.0912	291
of the Revised Code is valid.	292

(2)(C) A local authority is deemed to be in substantial	293
compliance with the requirement of division (B)(A)(1) or (2) of	294
this section, as applicable, to erect the advisory signs if the	295
authority does both of the following:	296

(a)(1) First erects all signs as required by division	297
(B)(1)(A)(1) or (2) of this section, as applicable, and	298
subsequently maintains and replaces the signs as needed so that at	299
all times at least ninety per cent of the required signs are in	300
place and functional;	301

(b)(2) Annually documents and upon request certifies its	302
compliance with division (B)(2)(a)(C)(1) of this section.	303

(C)(D) A local authority that uses traffic law	304
photo-monitoring devices to detect or enforce any traffic law	305
violation at an intersection where traffic is controlled by	306
traffic control signals that exhibit different colored lights or	307
colored lighted arrows shall time the operation of the yellow	308
lights and yellow arrows of those traffic control signals so that	309
the steady yellow indication exceeds by one second the minimum	310
duration for yellow indicators at similar intersections as	311
established by the provisions of the manual adopted by the	312
department of transportation under section 4511.09 of the Revised	313
Code.	314

Sec. 4511.095. (A) Prior to deploying any traffic law	315
photo-monitoring device, a local authority shall do all of the	316
following:	317

(1) Conduct a safety study of intersections or locations	318
under consideration for placement of fixed traffic law	319
photo-monitoring devices. The study shall include an accounting of	320
incidents that have occurred in the designated area over the	321
previous three-year period and shall be made available to the	322
public upon request.	323

(2) Conduct a public information campaign to inform motor	324
vehicle operators about the use of traffic law photo-monitoring	325
devices at system locations prior to establishing any of those	326
locations;	327

(3) Publish at least one notice in a local newspaper of	328
general circulation that announces the local authority's intent to	329
utilize traffic law photo-monitoring devices, the locations of	330
those devices, if known, and the date on which the first traffic	331
law photo-monitoring device will be operational;	332

(4) Refrain from levying any civil fines on any person found	333
to have committed a traffic law violation based upon evidence	334
gathered by a fixed location traffic law photo-monitoring device	335
until the local authority observes a public awareness warning	336
period of not less than thirty days prior to the first issuance of	337
any ticket based upon images recorded by the device. During the	338
warning period, the local authority shall take reasonable measures	339
to inform the public of the location of the device and the date on	340
which tickets will be issued for traffic law violations based upon	341
evidence gathered by the device. A warning notice may be sent to	342
violators during the public awareness warning period.	343

(B)(1) A local authority that deploys its first traffic law	344
photo-monitoring device after the effective date of this section	345
shall do so only after complying with division (A) of this	346
section. If such a local authority thereafter wishes to deploy an	347
additional traffic law photo-monitoring device, the local	348
authority shall comply with that division prior to deploying the	349
additional device.	350

A local authority that is operating or has operated on its	351
behalf a traffic law photo-monitoring device on the effective date	352
of this section may continue to operate the device after that date	353
without the need to comply with division (A) of this section.	354
However, if such a local authority wishes to deploy an additional	355
traffic law photo-monitoring device after the effective date of	356
this section, the local authority shall comply with division (A)	357
of this section prior to deploying the additional device.	358

(2) All tickets that result from evidence recorded by a	359
traffic law photo-monitoring device and that are issued prior to	360
the effective date of this section by or on behalf of a local	361
authority may be processed and adjudicated in accordance with the	362
rules and procedures that were in effect for such tickets prior to	363
the effective date of this section. On and after the effective	364
date of this section, no ticket for a traffic law violation that	365
is based upon evidence recorded by a traffic law photo-monitoring	366
device shall be processed and adjudicated in any manner other than	367
in accordance with sections 4511.096 to 4511.0912 of the Revised	368
Code.	369

Sec. 4511.096.  (A) A law enforcement officer employed by a	370
local authority utilizing a traffic law photo-monitoring device	371
shall examine evidence of alleged traffic law violations recorded	372
by the device to determine whether such a violation has occurred.	373
If the image recorded by the traffic law photo-monitoring device	374
shows such a violation, contains the date and time of the	375
violation, and shows the letter and numerals on the license plate	376
of the vehicle involved as well as the state that issued the	377
license plate, the officer may use any lawful means to identify	378
the registered owner.	379

(B) The fact that a person or entity is the registered owner	380
of a motor vehicle is prima facie evidence that that person or	381
entity is the person who was operating the vehicle at the time of	382
the traffic law violation.	383

(C) Within thirty days of the traffic law violation, the	384
local authority or its designee may issue and send by regular mail	385
a ticket charging the registered owner with the violation. The	386
ticket shall comply with section 4511.097 of the Revised Code.	387

(D) A certified copy of the ticket alleging a traffic law	388
violation, sworn to or affirmed by a law enforcement officer	389
employed by the local authority, including by electronic means,	390
and the recorded images produced by the traffic law	391
photo-monitoring device, is prima facie evidence of the facts	392
contained therein and is admissible in a proceeding for review of	393
the ticket issued under this section.	394

Sec. 4511.097.  (A) A traffic law violation for which a	395
ticket is issued by a local authority pursuant to division (B)(3)	396
of section 4511.093 of the Revised Code is a civil violation. If a	397
local authority issues a ticket for such a violation, the ticket	398
shall comply with the requirements of this section and the fine	399
for such a ticket shall not exceed the amount of the fine that may	400
be imposed for a substantially equivalent criminal traffic law	401
violation.	402

(B) A local authority or its designee shall process such a	403
ticket for a civil violation and shall send the ticket by ordinary	404
mail to any registered owner of the motor vehicle that is the	405
subject of the traffic law violation. The local authority or	406
designee shall ensure that the ticket contains all of the	407
following:	408

(1) The name and address of the registered owner;

409

(2) The letters and numerals appearing on the license plate	410
issued to the motor vehicle;	411

(3) The traffic law violation charged;

412

(4) The system location;

413

(5) The date and time of the violation;

414

(6) A copy of the recorded images;

415

(7) The name and badge number of the law enforcement officer	416
who was present at the system location at the time of the	417
violation;	418

(8) The amount of the civil penalty imposed, the date by	419
which the civil penalty is required to be paid, and the address to	420
which the payment is to be sent;	421

(9) A statement signed by a law enforcement officer employed	422
by the local authority indicating that, based on an inspection of	423
recorded images, the motor vehicle was involved in a traffic law	424
violation, and a statement indicating that the recorded images are	425
prima facie evidence of that traffic law violation both of which	426
may be signed electronically;	427

(10) Information advising the person or entity alleged to be	428
liable of the options prescribed in section 4511.098 of the	429
Revised Code, specifically to include the time, place, and manner	430
in which an administrative appeal may be initiated and the	431
procedure for disclaiming liability by submitting an affidavit as	432
prescribed in that section;	433

(11) A warning that failure to exercise one of the options	434
prescribed in section 4511.098 of the Revised Code is deemed to be	435
an admission of liability and waiver of the opportunity to contest	436
the violation.	437

(C) A local authority or its designee shall send a ticket not	438
later than thirty days after the date of the alleged traffic law	439
violation.	440

(D) The local authority or its designee may elect to send by	441
ordinary mail a warning notice in lieu of a ticket under this	442
section.	443

Sec. 4511.098. (A) A person or entity who receives a ticket	444
for a civil violation sent in compliance with section 4511.097 of	445
the Revised Code shall elect to do one of the following:	446

(1) In accordance with instructions on the ticket, pay the	447
civil penalty, thereby failing to contest liability and waiving	448
the opportunity to contest the violation;	449

(2)(a) Within thirty days after receipt of the ticket,	450
provide the law enforcement agency of the local authority with	451
either of the following affidavits:	452

(i) An affidavit executed by the registered owner stating	453
that another person was operating the vehicle of the registered	454
owner at the time of the violation, identifying that person as a	455
designated party who may be held liable for the violation, and	456
containing at a minimum the name and address of the designated	457
party;	458

(ii) An affidavit executed by the registered owner stating	459
that at the time of the violation, the motor vehicle or the	460
license plates issued to the motor vehicle were stolen and	461
therefore were in the care, custody, or control of some person or	462
entity to whom the registered owner did not grant permission to	463
use the motor vehicle. In order to demonstrate that the motor	464
vehicle or the license plates were stolen prior to the traffic law	465
violation and therefore were not under the control or possession	466
of the registered owner at the time of the violation, the	467
registered owner shall submit proof that a report about the stolen	468
motor vehicle or license plates was filed with the appropriate law	469
enforcement agency prior to the violation or within forty-eight	470
hours after the violation occurred.	471

(b) A registered owner is not responsible for a traffic law	472
violation if, within thirty days after the date of mailing of the	473
ticket, the registered owner furnishes an affidavit specified in	474
division (A)(2)(a)(i) or (ii) of this section to the local	475
authority in a form established by the local authority and the	476
following conditions are met:	477

(i) If the registered owner submits an affidavit as specified	478
in division (A)(2)(a)(i) of this section, the designated party	479
either accepts liability for the violation by paying the civil	480
penalty or failing to request an administrative hearing within	481
thirty days or is determined liable in an administrative hearing;	482

(ii) If the registered owner submits an affidavit as	483
specified in division (A)(2)(a)(ii) of this section, the affidavit	484
is supported by a stolen vehicle or stolen license plate report as	485
required in that division.	486

(3) If the registered owner is a motor vehicle leasing dealer	487
or a motor vehicle renting dealer, notify the law enforcement	488
agency of the local authority of the name and address of the	489
lessee or renter of the motor vehicle at the time of the traffic	490
law violation. A motor vehicle leasing dealer or motor vehicle	491
renting dealer who receives a ticket for an alleged traffic law	492
violation detected by a traffic law photo-monitoring device is not	493
liable for a ticket issued for a motor vehicle that was in the	494
care, custody, or control of a lessee or renter at the time of the	495
alleged violation. The dealer shall not pay such a ticket and	496
subsequently attempt to collect a fee or assess the lessee or	497
renter a charge for any payment of such a ticket made on behalf of	498
the lessee or renter.	499

(4) If the vehicle involved in the traffic law violation is a	500
commercial motor vehicle and the ticket is issued to a corporate	501
entity, provide to the law enforcement agency of the local	502
authority an affidavit, sworn to or affirmed by an agent of the	503
corporate entity, that provides the name and address of the	504
employee who was operating the motor vehicle at the time of the	505
alleged violation and who is the designated party.	506

(5) Contest the ticket by filing a written request for an	507
administrative hearing to review the ticket. The person or entity	508
shall file the written request not later than thirty days after	509
receipt of the ticket. The failure to request a hearing within	510
this time period constitutes a waiver of the right to contest the	511
violation and ticket, and is deemed to constitute an admission of	512
liability and waiver of the opportunity to contest the violation.	513

(B) A local authority that receives an affidavit described in	514
division (A)(2)(a)(i) or (A)(4) of this section or a notification	515
under division (A)(3) of this section from a registered owner may	516
proceed to send a ticket that conforms with division (B) of	517
section 4511.097 of the Revised Code to the designated party. The	518
local authority shall send the ticket to the designated party by	519
ordinary mail not later than twenty-one days after receipt of the	520
affidavit or notification.	521

Sec. 4511.099. (A) When a person or entity named in a ticket	522
for a civil violation under division (A) of section 4511.097 of	523
the Revised Code elects to contest the ticket and completes the	524
requirements prescribed in division (A)(5) of section 4511.098 of	525
the Revised Code in a timely manner, all of the following apply:	526

(1) A hearing officer appointed by the local authority shall	527
hear the case. The hearing officer shall conduct a hearing not	528
sooner than twenty-one but not later than forty-five days after	529
the filing of a written request for the hearing. The hearing	530
officer may extend the time period by which a hearing must be	531
conducted upon a request for additional time by the person or	532
entity who requested the hearing.	533

(2) The hearing officer shall ensure that the hearing is open	534
to the public. The hearing officer shall post a docket in a	535
conspicuous place near the entrance to the hearing room. The	536
hearing officer shall identify on the docket, by respondent, the	537
hearings scheduled for that day and the time of each hearing. The	538
hearing officer may schedule multiple hearings for the same time	539
to allow for occurrences such as nonappearances or admissions of	540
liability.	541

(3) The person who requested the administrative hearing or a	542
representative of the entity that requested the hearing shall	543
appear for the hearing and may present evidence at the hearing.	544

(4) The hearing officer shall determine whether a	545
preponderance of the evidence establishes that the violation	546
alleged in the ticket did in fact occur and that the person or	547
entity requesting the review is the person who was operating the	548
vehicle at the time of the violation.	549

(B)(1) If the hearing officer finds by a preponderance of the	550
evidence that the alleged traffic law violation did in fact occur	551
and that the person or entity named in the ticket is the person	552
who was operating the vehicle at the time of the violation, the	553
hearing officer shall issue a written decision imposing liability	554
for the violation upon the individual or entity and submit it to	555
the local authority or its designee and the person or entity named	556
in the ticket.	557

(2) If the hearing officer finds by a preponderance of the	558
evidence that the alleged traffic law violation did not occur or	559
did in fact occur but the person or entity named in the ticket is	560
not the person who was operating the vehicle at the time of the	561
violation, the hearing officer shall issue a written decision	562
finding that the individual or entity is not liable for the	563
violation and submit it to the local authority or its designee and	564
the person or entity named in the ticket.	565

(3) If the person who requested the administrative hearing or	566
a representative of the entity that requested the hearing fails to	567
appear at the hearing, the hearing officer shall determine that	568
the person or entity is liable for the violation. In such a case,	569
the hearing officer shall issue a written decision imposing	570
liability for the violation upon the individual or entity and	571
submit it to the local authority or its designee and the person or	572
entity named in the ticket.	573

(4) The hearing officer shall render a decision on the day a	574
hearing takes place.	575

(C)(1) In determining whether the person or entity named in	576
the ticket is liable, the hearing officer may consider any of the	577
following as an affirmative defense to a traffic law violation:	578

(a) That the vehicle passed through the intersection in order	579
to yield the right-of-way to either of the following:	580

(i) A public safety vehicle or coroner's vehicle in	581
accordance with section 4511.45 of the Revised Code or a	582
substantially equivalent municipal ordinance;	583

(ii) A funeral procession in accordance with section 4511.451	584
of the Revised Code or a substantially equivalent municipal	585
ordinance.	586

(b) That the motor vehicle or license plates of the motor	587
vehicle were stolen prior to the occurrence of the violation and	588
were not under the control or possession of the registered owner	589
at the time of the violation. In order to demonstrate that the	590
motor vehicle or license plates were stolen prior to the	591
occurrence of the violation and were not under the control or	592
possession of the registered owner at the time of the violation,	593
the registered owner shall submit proof that a report about the	594
stolen motor vehicle or license plates was filed with the	595
appropriate law enforcement agency prior to the traffic law	596
violation or within forty-eight hours after the traffic law	597
violation occurred.	598

(c) At the time and place of the alleged traffic law	599
violation, the traffic control signal was not operating properly	600
or the traffic law photo-monitoring device was not in proper	601
position and the recorded image is not of sufficient legibility to	602
enable an accurate determination of the information necessary to	603
impose liability.	604

(d) That the registered owner or person or entity named in	605
the ticket was not the person operating the motor vehicle at the	606
time of the violation. In order to meet the evidentiary burden	607
imposed under division (C)(1)(d) of this section, the registered	608
owner or person or entity named in the ticket shall provide to the	609
hearing officer the identity of the designated party, that	610
person's name and current address, and any other evidence that the	611
hearing officer determines to be pertinent.	612

(2) A hearing officer also may consider the totality of the	613
circumstances when determining whether to impose liability upon	614
the person or entity named in the ticket.	615

(D)(1) If the hearing officer finds that the person or entity	616
named in the ticket was not the person who was operating the	617
vehicle at the time of the violation or receives evidence	618
identifying the designated party, the hearing officer shall	619
provide to the local authority or its designee, within five days	620
of the hearing, a copy of any evidence substantiating the identity	621
of the designated party.	622

(2) Upon receipt of evidence of the identity of the	623
designated party, the local authority or its designee may issue a	624
ticket to the designated party.	625

A local authority shall ensure that a ticket issued under	626
division (D)(2) of this section conforms with division (B) of	627
section 4511.097 of the Revised Code. The local authority shall	628
send the ticket by ordinary mail not later than twenty-one days	629
after receipt of the evidence from the hearing officer or the	630
registered owner of the identity of the designated party.	631

(E) If a designated party who is issued a ticket under	632
division (D)(2) of this section or division (B) of section	633
4511.098 of the Revised Code contests the ticket by filing a	634
written request for an administrative hearing to review the ticket	635
not later than thirty days after receipt of the ticket, the local	636
authority shall require the registered owner of the motor vehicle	637
also to attend the hearing. If at the hearing involving the	638
designated party the hearing officer cannot determine the identity	639
of the operator of the vehicle at the time of the violation, the	640
registered owner is liable for the violation. The hearing officer	641
then shall issue a written decision imposing liability for the	642
violation on the registered owner and submit it to the local	643
authority or its designee and to the registered owner. If the	644
designated party also is a registered owner of the vehicle,	645
liability for the violation shall follow the order of registered	646
owners as listed on the title to the vehicle.	647

(F) A person who is named in a ticket for a civil violation	648
may assert a testimonial privilege in accordance with division (D)	649
of section 2317.02 of the Revised Code.	650

(G) A person or entity may appeal a written decision rendered	651
by a hearing officer under this section to the municipal court or	652
county court with jurisdiction over the location where the	653
violation occurred.	654

(H) No decision rendered under this section, and no admission	655
of liability under this section or section 4511.098 of the Revised	656
Code, is admissible as evidence in any other judicial proceeding	657
in this state.	658

Sec. 4511.0910.  A traffic law violation for which a civil	659
penalty is imposed under sections 4511.097 to 4511.099 of the	660
Revised Code is not a moving violation and points shall not be	661
assessed against a person's driver's license under section	662
4510.036 of the Revised Code. In no case shall such a violation be	663
reported to the bureau of motor vehicles or motor vehicle	664
registration bureau, department, or office of any other state, nor	665
shall such a violation be recorded on the driving record of the	666
owner or operator of the vehicle involved in the violation.	667

Sec. 4511.0911.  (A) Upon request, each manufacturer of a	668
traffic law photo-monitoring device shall provide to a local	669
authority utilizing its devices the maintenance record of any such	670
device used in that local authority.	671

(B)(1) Commencing January 2015, not later than the last day	672
of January of each year, the manufacturer of a traffic law	673
photo-monitoring device shall provide to the applicable local	674
authority a certificate of proper operation that attests to the	675
accuracy of the device in recording a traffic law violation.	676

(2) In addition to the requirement prescribed in division	677
(B)(1) of this section, for every such device that is considered	678
mobile, meaning it is attached to a trailer, vehicle, or other	679
wheeled apparatus so that it is easily moved to different system	680
locations, both of the following apply:	681

(a) Each local authority shall test the accuracy of each such	682
device with an independent, certified speed measuring device or	683
some other commonly accepted method prior to its use at each	684
system location.	685

(b) Each local authority shall clearly and conspicuously mark	686
on the outside of the trailer, vehicle, or wheeled apparatus that	687
contains the traffic law photo-monitoring device that the device	688
is contained therein and that the trailer, vehicle, or wheeled	689
apparatus is the property of the local authority.	690

(C) In the case of a traffic law photo-monitoring device that	691
is used at an intersection to detect violations of section 4511.12	692
of the Revised Code based on the failure to comply with section	693
4511.13 of the Revised Code or a substantially equivalent	694
municipal ordinance, the local authority shall not issue a ticket	695
for a violation based upon evidence recorded by a traffic law	696
photo-monitoring device when a vehicle makes a legal right or left	697
turn-on-red-signal if all of the following apply:	698

(1) The vehicle can make the turn safely.

699

(2) The vehicle comes to a complete stop at any point prior	700
to completing the turn.	701

(3) No pedestrians are in the crosswalk, or are about to	702
enter the crosswalk, of any approach to the intersection the	703
vehicle occupies while commencing or making the turn.	704

Sec. 4511.0912.  A local authority shall not issue a ticket	705
for a violation of section 4511.21 or 4511.211 of the Revised Code	706
or a substantially equivalent municipal ordinance due to failure	707
to observe the applicable speed limit based upon evidence recorded	708
by a traffic law photo-monitoring device unless one of the	709
following applies:	710

(A) For a system location that is located within a school	711
zone or within the boundaries of a state or local park or	712
recreation area, the vehicle involved in the violation is	713
traveling at a speed that exceeds the posted speed limit by not	714
less than six miles per hour.	715

(B) For a system location that is located at any other	716
location, the vehicle involved in the violation is traveling at a	717
speed that exceeds the posted speed limit by not less than ten	718
miles per hour.	719

Sec. 4511.0913.  Sections 4511.092 to 4511.0912 of the	720
Revised Code do not apply to the use of a traffic law	721
photo-monitoring device that is placed on a school bus for the	722
purpose of detecting violations of section 4511.75 of the Revised	723
Code or a substantially equivalent municipal ordinance.	724

Sec. 4511.0914. Sections 4511.092 to 4511.0912 of the Revised	725
Code do not affect in any manner either of the following:	726

(A) Any ban on the use by a local authority of traffic law	727
photo-monitoring devices to detect traffic law violations that is	728
in effect on the effective date of this section, irrespective of	729
the method or means by which such a ban took effect;	730

(B) Any ban on the use by a local authority of traffic law	731
photo-monitoring devices to detect traffic law violations that	732
takes effect after the effective date of this section,	733
irrespective of the method or means by which such a ban takes	734
effect.	735

Sec. 4511.204.  (A) No person shall drive a motor vehicle,	736
trackless trolley, or streetcar on any street, highway, or	737
property open to the public for vehicular traffic while using a	738
handheld electronic wireless communications device to write, send,	739
or read a text-based communication.	740

(B) Division (A) of this section does not apply to any of the	741
following:	742

(1) A person using a handheld electronic wireless	743
communications device in that manner for emergency purposes,	744
including an emergency contact with a law enforcement agency,	745
hospital or health care provider, fire department, or other	746
similar emergency agency or entity;	747

(2) A person driving a public safety vehicle who uses a	748
handheld electronic wireless communications device in that manner	749
in the course of the person's duties;	750

(3) A person using a handheld electronic wireless	751
communications device in that manner whose motor vehicle is in a	752
stationary position and who is outside a lane of travel;	753

(4) A person reading, selecting, or entering a name or	754
telephone number in a handheld electronic wireless communications	755
device for the purpose of making or receiving a telephone call;	756

(5) A person receiving wireless messages on a device	757
regarding the operation or navigation of a motor vehicle;	758
safety-related information, including emergency, traffic, or	759
weather alerts; or data used primarily by the motor vehicle;	760

(6) A person receiving wireless messages via radio waves;

761

(7) A person using a device for navigation purposes;

762

(8) A person conducting wireless interpersonal communication	763
with a device that does not require manually entering letters,	764
numbers, or symbols or reading text messages, except to activate,	765
deactivate, or initiate the device or a feature or function of the	766
device;	767

(9) A person operating a commercial truck while using a	768
mobile data terminal that transmits and receives data;	769

(10) A person using a handheld electronic wireless	770
communications device in conjunction with a voice-operated or	771
hands-free device feature or function of the vehicle.	772

(C)(1) Notwithstanding any provision of law to the contrary,	773
no law enforcement officer shall cause an operator of an	774
automobile being operated on any street or highway to stop the	775
automobile for the sole purpose of determining whether a violation	776
of division (A) of this section has been or is being committed or	777
for the sole purpose of issuing a ticket, citation, or summons for	778
a violation of that nature or causing the arrest of or commencing	779
a prosecution of a person for a violation of that nature, and no	780
law enforcement officer shall view the interior or visually	781
inspect any automobile being operated on any street or highway for	782
the sole purpose of determining whether a violation of that nature	783
has been or is being committed.	784

(2) On January 31 of each year, the department of public	785
safety shall issue a report to the general assembly that specifies	786
the number of citations issued for violations of this section	787
during the previous calendar year.	788

(D) Whoever violates division (A) of this section is guilty	789
of a minor misdemeanor.	790

(E) This section shall not be construed as invalidating,	791
preempting, or superseding a substantially equivalent municipal	792
ordinance that prescribes penalties for violations of that	793
ordinance that are greater than the penalties prescribed in this	794
section for violations of this section.	795

(F) A prosecution for a violation of this section does not	796
preclude a prosecution for a violation of a substantially	797
equivalent municipal ordinance based on the same conduct. However,	798
if an offender is convicted of or pleads guilty to a violation of	799
this section and is also convicted of or pleads guilty to a	800
violation of a substantially equivalent municipal ordinance based	801
on the same conduct, the two offenses are allied offenses of	802
similar import under section 2941.25 of the Revised Code.	803

(G) As used in this section:

804

(1) "Electronic wireless communications device" includes any	805
of the following:	806

(a) A wireless telephone;

807

(b) A text-messaging device;

808

(c) A personal digital assistant;

809

(d) A computer, including a laptop computer and a computer	810
tablet;	811

(e) Any other substantially similar wireless device that is	812
designed or used to communicate text.	813

(2) "Voice-operated or hands-free device" means a device that	814
allows the user to vocally compose or send, or to listen to a	815
text-based communication without the use of either hand except to	816
activate or deactivate a feature or function.	817

(3) "Write, send, or read a text-based communication" means	818
to manually write or send, or read a text-based communication	819
using an electronic wireless communications device, including	820
manually writing or sending, or reading communications referred to	821
as text messages, instant messages, or electronic mail.	822

Section 2.  That existing sections 1901.20, 1907.02,	823
4511.093, 4511.094, and 4511.204 and section 4511.092 of the	824
Revised Code are hereby repealed.	825