Bill Text: OH HB17 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To clarify the penalties for operating a motorcycle without having either a motorcycle endorsement or the proper restricted license.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Introduced - Dead) 2009-02-18 - To Transportation & Infrastructure [HB17 Detail]
Download: Ohio-2009-HB17-Introduced.html
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Representative Uecker
Cosponsors:
Representatives Huffman, Fende, Bubp, Derickson, Stebelton, Balderson, Winburn
| To amend section 4510.12 of the Revised Code to | 1 |
| clarify the penalties for operating a motorcycle | 2 |
| without having either a motorcycle endorsement or | 3 |
| the proper restricted license. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4510.12 of the Revised Code be | 5 |
| amended to read as follows: | 6 |
| Sec. 4510.12. (A)(1) No person, except those expressly | 7 |
| exempted under sections 4507.03, 4507.04, and 4507.05 of the | 8 |
| Revised Code, shall operate any motor vehicle upon a public road | 9 |
| or highway or any public or private property used by the public | 10 |
| for purposes of vehicular travel or parking in this state unless | 11 |
| the person has a valid driver's license issued under Chapter 4507. | 12 |
| of the Revised Code or a commercial driver's license issued under | 13 |
| Chapter 4506. of the Revised Code. | 14 |
| (2) No person, except a person expressly exempted under | 15 |
| sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall | 16 |
| operate any motorcycle upon a public road or highway or any public | 17 |
| or private property used by the public for purposes of vehicular | 18 |
| travel or parking in this state unless the person has a valid | 19 |
| license as a motorcycle operator that was issued upon application | 20 |
| by the registrar of motor vehicles under Chapter 4507. of the | 21 |
| Revised Code. The license shall be in the form of an endorsement, | 22 |
| as determined by the registrar, upon a driver's or commercial | 23 |
| driver's license, if the person has a valid license to operate a | 24 |
| motor vehicle or commercial motor vehicle, or in the form of a | 25 |
| restricted license as provided in section 4507.14 of the Revised | 26 |
| Code, if the person does not have a valid license to operate a | 27 |
| motor vehicle or commercial motor vehicle. | 28 |
| (B) Whoever violates this section is guilty of operating a | 29 |
| motor vehicle without a valid license and shall be punished as | 30 |
| follows: | 31 |
| (1) If the trier of fact finds that the offender never has | 32 |
| held a valid driver's or commercial driver's license issued by | 33 |
| this state or any other jurisdiction, or, in a case involving the | 34 |
| operation of a motorcycle by the offender, the trier of fact finds | 35 |
| at the time of such operation the offender did not have a valid | 36 |
| license as a motorcycle operator, either in the form of an | 37 |
| endorsement upon a driver's or commercial driver's license or in | 38 |
| the form of a restricted license, the offense is a misdemeanor of | 39 |
| the first degree. | 40 |
| (2)(a) Subject to division (B)(2)(b) of this section, if the | 41 |
| offender's driver's or commercial driver's license or permit or, | 42 |
| in a case involving the operation of a motorcycle by the offender, | 43 |
| the offender's driver's or commercial driver's license bearing the | 44 |
| motorcycle endorsement or the offender's restricted license was | 45 |
| expired at the time of the offense for no more than six months, | 46 |
|
the offense is
a minor
misdemeanor | 47 |
| driver's or commercial driver's license or permit or, in a case | 48 |
| involving the operation of a motorcycle by the offender, the | 49 |
| offender's driver's or commercial driver's license bearing the | 50 |
| motorcycle endorsement or the offender's restricted license was | 51 |
| expired at the time of the offense for more than six months, the | 52 |
| offense is a misdemeanor of the fourth degree. | 53 |
| (b)(i) If the offender previously was convicted of or pleaded | 54 |
| guilty to one violation of this section or a substantially | 55 |
| equivalent municipal ordinance within the past three years, the | 56 |
| offense is a misdemeanor of the third degree. | 57 |
| (ii) If the offender previously was convicted of or pleaded | 58 |
| guilty to two violations of this section or a substantially | 59 |
| equivalent municipal ordinance within the past three years, the | 60 |
| offense is a misdemeanor of the second degree. | 61 |
| (iii) If the offender previously was convicted of or pleaded | 62 |
| guilty to three or more violations of this section or a | 63 |
| substantially equivalent municipal ordinance within the past three | 64 |
| years, the offense is a misdemeanor of the first degree. | 65 |
| (C) The court shall not impose a license suspension for a | 66 |
| first violation of this section or if more than three years have | 67 |
| passed since the offender's last violation of this section or a | 68 |
| substantially equivalent municipal ordinance. | 69 |
| (D) If the offender was convicted of or pleaded guilty to one | 70 |
| or more violations of this section or a substantially equivalent | 71 |
| municipal ordinance within the past three years, and if the | 72 |
| offender's license was expired for more than six months at the | 73 |
| time of the offense, the court shall impose a class seven | 74 |
| suspension of the offender's driver license, commercial driver's | 75 |
| license, temporary instruction permit, probationary license, or | 76 |
| nonresident operating privilege from the range specified in | 77 |
| division (A)(7) of section 4510.02 of the Revised Code. | 78 |
| Section 2. That existing section 4510.12 of the Revised Code | 79 |
| is hereby repealed. | 80 |
