Bill Text: OH HB20 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To permit a person to present proof of financial responsibility to the Registrar of Motor Vehicles, a peace officer, a traffic violations bureau, or a court through use of an electronic wireless communications device.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-01-30 - To Transportation, Public Safety and Homeland Security [HB20 Detail]
Download: Ohio-2013-HB20-Introduced.html
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Representative Stinziano
Cosponsors:
Representatives Adams, J., Antonio, Bishoff, Duffey, Henne, Lynch, Mallory, McGregor, Patterson, Pillich, Ramos, Sears
To amend sections 4503.20, 4509.101, 4509.102, | 1 |
4509.103, and 4509.45 of the Revised Code to | 2 |
permit a person to present proof of financial | 3 |
responsibility to the Registrar of Motor Vehicles, | 4 |
a peace officer, a traffic violations bureau, or a | 5 |
court through use of an electronic wireless | 6 |
communications device. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.20, 4509.101, 4509.102, | 8 |
4509.103, and 4509.45 of the Revised Code be amended to read as | 9 |
follows: | 10 |
Sec. 4503.20. (A) As used in this section: | 11 |
(1) "Dealer engaged in the business of leasing motor | 12 |
vehicles" means any person engaged in the business of regularly | 13 |
making available, offering to make available, or arranging for | 14 |
another person to use a motor vehicle pursuant to a bailment, | 15 |
lease, or other contractual arrangement. | 16 |
(2) "Motor vehicle" has the meaning set forth in section | 17 |
4509.01 of the Revised Code. | 18 |
(B) An application for the registration of a motor vehicle | 19 |
shall contain a statement, to be signed by the applicant either | 20 |
manually or by electronic signature, that does all of the | 21 |
following: | 22 |
(1) States that the applicant maintains, or has maintained on | 23 |
the applicant's behalf, proof of financial responsibility at the | 24 |
time of application, and will not operate a motor vehicle in this | 25 |
state, unless the applicant maintains, with respect to that motor | 26 |
vehicle or the operation of such vehicle, proof of financial | 27 |
responsibility; | 28 |
(2) Contains a brief summary of the purposes and operation of | 29 |
section 4509.101 of the Revised Code, the rights and duties of the | 30 |
applicant under that section, and the penalties for violation of | 31 |
that section; | 32 |
(3) Warns the applicant that the financial responsibility law | 33 |
does not prevent the possibility that the applicant may be | 34 |
involved in an accident with an owner or operator of a motor | 35 |
vehicle who is without proof of financial responsibility. | 36 |
(C)(1) A person who purchases any motor vehicle from a | 37 |
licensed motor vehicle dealer who agrees to make application for | 38 |
registration of the motor vehicle on behalf of the purchaser shall | 39 |
sign statements that comply with divisions (B) and (F) of this | 40 |
section. The dealer shall submit the statements to the deputy | 41 |
registrar where the dealer has agreed to make application for | 42 |
registration on behalf of the person. | 43 |
(2) In the case of a person who leases any motor vehicle from | 44 |
a dealer engaged in the business of leasing motor vehicles who | 45 |
agrees to make application for registration of the motor vehicle | 46 |
on behalf of the lessee, the person shall sign a statement that | 47 |
complies with division (B) of this section, and the dealer shall | 48 |
do either of the following: | 49 |
(a) Submit the statement signed by the person to the deputy | 50 |
registrar where the dealer has agreed to make application for | 51 |
registration on behalf of the person; | 52 |
(b) Sign and submit a statement to the deputy registrar that | 53 |
certifies that a statement has been signed and filed with the | 54 |
dealer or incorporated into the lease. | 55 |
The dealer shall submit to the registrar or deputy registrar | 56 |
to whom the dealer submits the application for registration a | 57 |
statement signed by the person that complies with division (F) of | 58 |
this section. | 59 |
(D) The registrar of motor vehicles shall prescribe the form | 60 |
of the statements required under divisions (B), (C), and (F) of | 61 |
this section, and the manner or manners in which the statements | 62 |
required under divisions (B) and (F) of this section shall be | 63 |
presented to the applicant. Any statement that is required under | 64 |
divisions (B), (C), and (F) of this section shall be designed to | 65 |
enable the applicant to retain a copy of it. | 66 |
(E) Nothing within this section shall be construed to excuse | 67 |
a violation of section 4509.101 of the Revised Code. A motor | 68 |
vehicle dealer who makes application for the registration of a | 69 |
motor vehicle on behalf of the purchaser or lessee of the motor | 70 |
vehicle is not liable in damages in any civil action on account of | 71 |
the act of making such application for registration or the content | 72 |
of any such application for registration. | 73 |
(F) In addition to the statements required by divisions (B) | 74 |
and (C) of this section, a person who makes application for | 75 |
registration of a motor vehicle shall be furnished with a form | 76 |
that lists in plain language all the possible penalties to which a | 77 |
person could be subject for a violation of the financial | 78 |
responsibility law, including driver's license suspensions; all | 79 |
fees, including nonvoluntary compliance and reinstatement fees; | 80 |
and vehicle immobilization or impoundment. The person shall read | 81 |
the form and either manually or by electronic signature sign the | 82 |
form, which shall be submitted along with the application for | 83 |
registration as provided in this section. The form shall be | 84 |
retained by the registrar or deputy registrar who issues the motor | 85 |
vehicle registration or the registrar's or deputy registrar's | 86 |
successor for a period of two years from the date of issuance of | 87 |
the registration. | 88 |
(G) Upon the registration of a motor vehicle, the owner of | 89 |
the motor vehicle is deemed to have agreed to the production of | 90 |
proof of financial responsibility by the owner or the operator of | 91 |
the motor vehicle, upon the request of a peace officer or state | 92 |
highway patrol trooper made in accordance with division | 93 |
of section 4509.101 of the Revised Code. | 94 |
(H) The registrar shall adopt rules governing the renewal of | 95 |
motor vehicle registrations by electronic means and the completion | 96 |
and submission of statements that comply with divisions (B) and | 97 |
(F) of this section. The registrar shall adopt the rules | 98 |
prescribed by this division in accordance with Chapter 119. of the | 99 |
Revised Code. | 100 |
Sec. 4509.101. (A)(1) No person shall operate, or permit the | 101 |
operation of, a motor vehicle in this state, unless proof of | 102 |
financial responsibility is maintained continuously throughout the | 103 |
registration period with respect to that vehicle, or, in the case | 104 |
of a driver who is not the owner, with respect to that driver's | 105 |
operation of that vehicle. | 106 |
(2) Whoever violates division (A)(1) of this section shall be | 107 |
subject to the following civil penalties: | 108 |
(a) Subject to divisions (A)(2)(b) and (c) of this section, a | 109 |
class (F) suspension of the person's driver's license, commercial | 110 |
driver's license, temporary instruction permit, probationary | 111 |
license, or nonresident operating privilege for the period of time | 112 |
specified in division (B)(6) of section 4510.02 of the Revised | 113 |
Code and impoundment of the person's license. | 114 |
(b) If, within five years of the violation, the person's | 115 |
operating privileges are again suspended and the person's license | 116 |
again is impounded for a violation of division (A)(1) of this | 117 |
section, a class C suspension of the person's driver's license, | 118 |
commercial driver's license, temporary instruction permit, | 119 |
probationary license, or nonresident operating privilege for the | 120 |
period of time specified in division (B)(3) of section 4510.02 of | 121 |
the Revised Code. The court may grant limited driving privileges | 122 |
to the person only if the person presents proof of financial | 123 |
responsibility and has complied with division (A)(5) of this | 124 |
section, and no court may grant limited driving privileges for the | 125 |
first fifteen days of the suspension. | 126 |
(c) If, within five years of the violation, the person's | 127 |
operating privileges are suspended and the person's license is | 128 |
impounded two or more times for a violation of division (A)(1) of | 129 |
this section, a class B suspension of the person's driver's | 130 |
license, commercial driver's license, temporary instruction | 131 |
permit, probationary license, or nonresident operating privilege | 132 |
for the period of time specified in division (B)(2) of section | 133 |
4510.02 of the Revised Code. The court may grant limited driving | 134 |
privileges to the person only if the person presents proof of | 135 |
financial responsibility and has complied with division (A)(5) of | 136 |
this section, except that no court may grant limited driving | 137 |
privileges for the first thirty days of the suspension. | 138 |
(d) In addition to the suspension of an owner's license under | 139 |
division (A)(2)(a), (b), or (c) of this section, the suspension of | 140 |
the rights of the owner to register the motor vehicle and the | 141 |
impoundment of the owner's certificate of registration and license | 142 |
plates until the owner complies with division (A)(5) of this | 143 |
section. | 144 |
(3) A person to whom this state has issued a certificate of | 145 |
registration for a motor vehicle or a license to operate a motor | 146 |
vehicle or who is determined to have operated any motor vehicle or | 147 |
permitted the operation in this state of a motor vehicle owned by | 148 |
the person shall be required to verify the existence of proof of | 149 |
financial responsibility covering the operation of the motor | 150 |
vehicle or the person's operation of the motor vehicle under any | 151 |
of the following circumstances: | 152 |
(a) The person or a motor vehicle owned by the person is | 153 |
involved in a traffic accident that requires the filing of an | 154 |
accident report under section 4509.06 of the Revised Code. | 155 |
(b) The person receives a traffic ticket indicating that | 156 |
proof of the maintenance of financial responsibility was not | 157 |
produced upon the request of a peace officer or state highway | 158 |
patrol trooper made in accordance with division (D)(2) of this | 159 |
section. | 160 |
(c) Whenever, in accordance with rules adopted by the | 161 |
registrar, the person is randomly selected by the registrar and | 162 |
requested to provide such verification. | 163 |
(4) An order of the registrar that suspends and impounds a | 164 |
license or registration, or both, shall state the date on or | 165 |
before which the person is required to surrender the person's | 166 |
license or certificate of registration and license plates. The | 167 |
person is deemed to have surrendered the license or certificate of | 168 |
registration and license plates, in compliance with the order, if | 169 |
the person does either of the following: | 170 |
(a) On or before the date specified in the order, personally | 171 |
delivers the license or certificate of registration and license | 172 |
plates, or causes the delivery of the items, to the registrar; | 173 |
(b) Mails the license or certificate of registration and | 174 |
license plates to the registrar in an envelope or container | 175 |
bearing a postmark showing a date no later than the date specified | 176 |
in the order. | 177 |
(5) Except as provided in division (A)(6) or (L) of this | 178 |
section, the registrar shall not restore any operating privileges | 179 |
or registration rights suspended under this section, return any | 180 |
license, certificate of registration, or license plates impounded | 181 |
under this section, or reissue license plates under section | 182 |
4503.232 of the Revised Code, if the registrar destroyed the | 183 |
impounded license plates under that section, or reissue a license | 184 |
under section 4510.52 of the Revised Code, if the registrar | 185 |
destroyed the suspended license under that section, unless the | 186 |
rights are not subject to suspension or revocation under any other | 187 |
law and unless the person, in addition to complying with all other | 188 |
conditions required by law for reinstatement of the operating | 189 |
privileges or registration rights, complies with all of the | 190 |
following: | 191 |
(a) Pays to the registrar or an eligible deputy registrar a | 192 |
financial responsibility reinstatement fee of one hundred dollars | 193 |
for the first violation of division (A)(1) of this section, three | 194 |
hundred dollars for a second violation of that division, and six | 195 |
hundred dollars for a third or subsequent violation of that | 196 |
division; | 197 |
(b) If the person has not voluntarily surrendered the | 198 |
license, certificate, or license plates in compliance with the | 199 |
order, pays to the registrar or an eligible deputy registrar a | 200 |
financial responsibility nonvoluntary compliance fee in an amount, | 201 |
not to exceed fifty dollars, determined by the registrar; | 202 |
(c) Files and continuously maintains proof of financial | 203 |
responsibility under sections 4509.44 to 4509.65 of the Revised | 204 |
Code; | 205 |
(d) Pays a deputy registrar a service fee of ten dollars to | 206 |
compensate the deputy registrar for services performed under this | 207 |
section. The deputy registrar shall retain eight dollars of the | 208 |
service fee and shall transmit the reinstatement fee, any | 209 |
nonvoluntary compliance fee, and two dollars of the service fee to | 210 |
the registrar in the manner the registrar shall determine. | 211 |
(6) If the registrar issues an order under division (A)(2) of | 212 |
this section resulting from the failure of a person to respond to | 213 |
a financial responsibility random verification request under | 214 |
division (A)(3)(c) of this section and the person successfully | 215 |
maintains an affirmative defense to a violation of section 4510.16 | 216 |
of the Revised Code or is determined by the registrar or a deputy | 217 |
registrar to have been in compliance with division (A)(1) of this | 218 |
section at the time of the initial financial responsibility random | 219 |
verification request, the registrar shall do both of the | 220 |
following: | 221 |
(a) Terminate the order of suspension or impoundment; | 222 |
(b) Restore the operating privileges and registration rights | 223 |
of the person without payment of the fees established in divisions | 224 |
(A)(5)(a) and (b) of this section and without a requirement to | 225 |
file proof of financial responsibility. | 226 |
(B)(1) Every party required to file an accident report under | 227 |
section 4509.06 of the Revised Code also shall include with the | 228 |
report a document described in division (G)(1)(a) of this section | 229 |
or shall present proof of financial responsibility through use of | 230 |
an electronic wireless communications device as permitted by | 231 |
division (G)(1)(b) of this section. | 232 |
If the registrar determines, within forty-five days after the | 233 |
report is filed, that an operator or owner has violated division | 234 |
(A)(1) of this section, the registrar shall do all of the | 235 |
following: | 236 |
(a) Order the impoundment, with respect to the motor vehicle | 237 |
involved, required under division (A)(2)(d) of this section, of | 238 |
the certificate of registration and license plates of any owner | 239 |
who has violated division (A)(1) of this section; | 240 |
(b) Order the suspension required under division (A)(2)(a), | 241 |
(b), or (c) of this section of the license of any operator or | 242 |
owner who has violated division (A)(1) of this section; | 243 |
(c) Record the name and address of the person whose | 244 |
certificate of registration and license plates have been impounded | 245 |
or are under an order of impoundment, or whose license has been | 246 |
suspended or is under an order of suspension; the serial number of | 247 |
the person's license; the serial numbers of the person's | 248 |
certificate of registration and license plates; and the person's | 249 |
social security account number, if assigned, or, where the motor | 250 |
vehicle is used for hire or principally in connection with any | 251 |
established business, the person's federal taxpayer identification | 252 |
number. The information shall be recorded in such a manner that it | 253 |
becomes a part of the person's permanent record, and assists the | 254 |
registrar in monitoring compliance with the orders of suspension | 255 |
or impoundment. | 256 |
(d) Send written notification to every person to whom the | 257 |
order pertains, at the person's last known address as shown on the | 258 |
records of the bureau. The person, within ten days after the date | 259 |
of the mailing of the notification, shall surrender to the | 260 |
registrar, in a manner set forth in division (A)(4) of this | 261 |
section, any certificate of registration and registration plates | 262 |
under an order of impoundment, or any license under an order of | 263 |
suspension. | 264 |
(2) The registrar shall issue any order under division (B)(1) | 265 |
of this section without a hearing. Any person adversely affected | 266 |
by the order, within ten days after the issuance of the order, may | 267 |
request an administrative hearing before the registrar, who shall | 268 |
provide the person with an opportunity for a hearing in accordance | 269 |
with this paragraph. A request for a hearing does not operate as a | 270 |
suspension of the order. The scope of the hearing shall be limited | 271 |
to whether the person in fact demonstrated to the registrar proof | 272 |
of financial responsibility in accordance with this section. The | 273 |
registrar shall determine the date, time, and place of any | 274 |
hearing, provided that the hearing shall be held, and an order | 275 |
issued or findings made, within thirty days after the registrar | 276 |
receives a request for a hearing. If requested by the person in | 277 |
writing, the registrar may designate as the place of hearing the | 278 |
county seat of the county in which the person resides or a place | 279 |
within fifty miles of the person's residence. The person shall pay | 280 |
the cost of the hearing before the registrar, if the registrar's | 281 |
order of suspension or impoundment is upheld. | 282 |
(C) Any order of suspension or impoundment issued under this | 283 |
section or division (B) of section 4509.37 of the Revised Code may | 284 |
be terminated at any time if the registrar determines upon a | 285 |
showing of proof of financial responsibility that the operator or | 286 |
owner of the motor vehicle was in compliance with division (A)(1) | 287 |
of this section at the time of the traffic offense, motor vehicle | 288 |
inspection, or accident that resulted in the order against the | 289 |
person. A determination may be made without a hearing. This | 290 |
division does not apply unless the person shows good cause for the | 291 |
person's failure to present satisfactory proof of financial | 292 |
responsibility to the registrar prior to the issuance of the | 293 |
order. | 294 |
(D)(1) For the purpose of enforcing this section, every peace | 295 |
officer is deemed an agent of the registrar. | 296 |
(a) Except as provided in division (D)(1)(b) of this section, | 297 |
any peace officer who, in the performance of the peace officer's | 298 |
duties as authorized by law, becomes aware of a person whose | 299 |
license is under an order of suspension, or whose certificate of | 300 |
registration and license plates are under an order of impoundment, | 301 |
pursuant to this section, may confiscate the license, certificate | 302 |
of registration, and license plates, and return them to the | 303 |
registrar. | 304 |
(b) Any peace officer who, in the performance of the peace | 305 |
officer's duties as authorized by law, becomes aware of a person | 306 |
whose license is under an order of suspension, or whose | 307 |
certificate of registration and license plates are under an order | 308 |
of impoundment resulting from failure to respond to a financial | 309 |
responsibility random verification, shall not, for that reason, | 310 |
arrest the owner or operator or seize the vehicle or license | 311 |
plates. Instead, the peace officer shall issue a citation for a | 312 |
violation of section 4510.16 of the Revised Code specifying the | 313 |
circumstances as failure to respond to a financial responsibility | 314 |
random verification. | 315 |
(2) A peace officer shall request the owner or operator of a | 316 |
motor vehicle to produce proof of financial responsibility in a | 317 |
manner described in division (G) of this section at the time the | 318 |
peace officer acts to enforce the traffic laws of this state and | 319 |
during motor vehicle inspections conducted pursuant to section | 320 |
4513.02 of the Revised Code. | 321 |
(3) A peace officer shall indicate on every traffic ticket | 322 |
whether the person receiving the traffic ticket produced proof of | 323 |
the maintenance of financial responsibility in response to the | 324 |
officer's request under division (D)(2) of this section. The peace | 325 |
officer shall inform every person who receives a traffic ticket | 326 |
and who has failed to produce proof of the maintenance of | 327 |
financial responsibility that the person must submit proof to the | 328 |
traffic violations bureau with any payment of a fine and costs for | 329 |
the ticketed violation or, if the person is to appear in court for | 330 |
the violation, the person must submit proof to the court. | 331 |
(4)(a) If a person who has failed to produce proof of the | 332 |
maintenance of financial responsibility appears in court for a | 333 |
ticketed violation, the court may permit the defendant to present | 334 |
evidence of proof of financial responsibility to the court at such | 335 |
time and in such manner as the court determines to be necessary or | 336 |
appropriate. In a manner prescribed by the registrar, the clerk of | 337 |
courts shall provide the registrar with the identity of any person | 338 |
who fails to submit proof of the maintenance of financial | 339 |
responsibility pursuant to division (D)(3) of this section. | 340 |
(b) If a person who has failed to produce proof of the | 341 |
maintenance of financial responsibility also fails to submit that | 342 |
proof to the traffic violations bureau with payment of a fine and | 343 |
costs for the ticketed violation, the traffic violations bureau, | 344 |
in a manner prescribed by the registrar, shall notify the | 345 |
registrar of the identity of that person. | 346 |
(5)(a) Upon receiving notice from a clerk of courts or | 347 |
traffic violations bureau pursuant to division (D)(4) of this | 348 |
section, the registrar shall order the suspension of the license | 349 |
of the person required under division (A)(2)(a), (b), or (c) of | 350 |
this section and the impoundment of the person's certificate of | 351 |
registration and license plates required under division (A)(2)(d) | 352 |
of this section, effective thirty days after the date of the | 353 |
mailing of notification. The registrar also shall notify the | 354 |
person that the person must present the registrar with proof of | 355 |
financial responsibility in accordance with this section, | 356 |
surrender to the registrar the person's certificate of | 357 |
registration, license plates, and license, or submit a statement | 358 |
subject to section 2921.13 of the Revised Code that the person did | 359 |
not operate or permit the operation of the motor vehicle at the | 360 |
time of the offense. Notification shall be in writing and shall be | 361 |
sent to the person at the person's last known address as shown on | 362 |
the records of the bureau of motor vehicles. The person, within | 363 |
fifteen days after the date of the mailing of notification, shall | 364 |
present proof of financial responsibility, surrender the | 365 |
certificate of registration, license plates, and license to the | 366 |
registrar in a manner set forth in division (A)(4) of this | 367 |
section, or submit the statement required under this section | 368 |
together with other information the person considers appropriate. | 369 |
If the registrar does not receive proof or the person does | 370 |
not surrender the certificate of registration, license plates, and | 371 |
license, in accordance with this division, the registrar shall | 372 |
permit the order for the suspension of the license of the person | 373 |
and the impoundment of the person's certificate of registration | 374 |
and license plates to take effect. | 375 |
(b) In the case of a person who presents, within the | 376 |
fifteen-day period, | 377 |
responsibility, the registrar shall terminate the order of | 378 |
suspension and the impoundment of the registration and license | 379 |
plates required under division (A)(2)(d) of this section and shall | 380 |
send written notification to the person, at the person's last | 381 |
known address as shown on the records of the bureau. | 382 |
(c) Any person adversely affected by the order of the | 383 |
registrar under division (D)(5)(a) or (b) of this section, within | 384 |
ten days after the issuance of the order, may request an | 385 |
administrative hearing before the registrar, who shall provide the | 386 |
person with an opportunity for a hearing in accordance with this | 387 |
paragraph. A request for a hearing does not operate as a | 388 |
suspension of the order. The scope of the hearing shall be limited | 389 |
to whether, at the time of the hearing, the person presents proof | 390 |
of financial responsibility covering the vehicle and whether the | 391 |
person is eligible for an exemption in accordance with this | 392 |
section or any rule adopted under it. The registrar shall | 393 |
determine the date, time, and place of any hearing; provided, that | 394 |
the hearing shall be held, and an order issued or findings made, | 395 |
within thirty days after the registrar receives a request for a | 396 |
hearing. If requested by the person in writing, the registrar may | 397 |
designate as the place of hearing the county seat of the county in | 398 |
which the person resides or a place within fifty miles of the | 399 |
person's residence. Such person shall pay the cost of the hearing | 400 |
before the registrar, if the registrar's order of suspension or | 401 |
impoundment under division (D)(5)(a) or (b) of this section is | 402 |
upheld. | 403 |
(6) A peace officer may charge an owner or operator of a | 404 |
motor vehicle with a violation of section 4510.16 of the Revised | 405 |
Code when the owner or operator fails to show proof of the | 406 |
maintenance of financial responsibility pursuant to a peace | 407 |
officer's request under division (D)(2) of this section, if a | 408 |
check of the owner or operator's driving record indicates that the | 409 |
owner or operator, at the time of the operation of the motor | 410 |
vehicle, is required to file and maintain proof of financial | 411 |
responsibility under section 4509.45 of the Revised Code for a | 412 |
previous violation of this chapter. | 413 |
(7) Any forms used by law enforcement agencies in | 414 |
administering this section shall be prescribed, supplied, and paid | 415 |
for by the registrar. | 416 |
(8) No peace officer, law enforcement agency employing a | 417 |
peace officer, or political subdivision or governmental agency | 418 |
that employs a peace officer shall be liable in a civil action for | 419 |
damages or loss to persons arising out of the performance of any | 420 |
duty required or authorized by this section. | 421 |
(9) As used in | 422 |
this section, "peace officer" has the meaning set forth in section | 423 |
2935.01 of the Revised Code. | 424 |
(E) All fees, except court costs, fees paid to a deputy | 425 |
registrar, and those portions of the financial responsibility | 426 |
reinstatement fees as otherwise specified in this division, | 427 |
collected under this section shall be paid into the state treasury | 428 |
to the credit of the financial responsibility compliance fund. The | 429 |
financial responsibility compliance fund shall be used exclusively | 430 |
to cover costs incurred by the bureau in the administration of | 431 |
this section and sections 4503.20, 4507.212, and 4509.81 of the | 432 |
Revised Code, and by any law enforcement agency employing any | 433 |
peace officer who returns any license, certificate of | 434 |
registration, and license plates to the registrar pursuant to | 435 |
division (C) of this section, except that the director of budget | 436 |
and management may transfer excess money from the financial | 437 |
responsibility compliance fund to the state bureau of motor | 438 |
vehicles fund if the registrar determines that the amount of money | 439 |
in the financial responsibility compliance fund exceeds the amount | 440 |
required to cover such costs incurred by the bureau or a law | 441 |
enforcement agency and requests the director to make the transfer. | 442 |
Of each financial responsibility reinstatement fee the | 443 |
registrar collects pursuant to division (A)(5)(a) of this section | 444 |
or receives from a deputy registrar under division (A)(5)(d) of | 445 |
this section, the registrar shall deposit twenty-five dollars of | 446 |
each one-hundred-dollar reinstatement fee, fifty dollars of each | 447 |
three-hundred-dollar reinstatement fee, and one hundred dollars of | 448 |
each six-hundred-dollar reinstatement fee into the state treasury | 449 |
to the credit of the indigent defense support fund created by | 450 |
section 120.08 of the Revised Code. | 451 |
All investment earnings of the financial responsibility | 452 |
compliance fund shall be credited to the fund. | 453 |
(F) Chapter 119. of the Revised Code applies to this section | 454 |
only to the extent that any provision in that chapter is not | 455 |
clearly inconsistent with this section. | 456 |
(G)(1)(a) The registrar, court, traffic violations bureau, or | 457 |
peace officer may require proof of financial responsibility to be | 458 |
demonstrated by use of a standard form prescribed by the | 459 |
registrar. If the use of a standard form is not required, a person | 460 |
may demonstrate proof of financial responsibility under this | 461 |
section by presenting to the traffic violations bureau, court, | 462 |
registrar, or peace officer any of the following documents or a | 463 |
copy of the documents: | 464 |
| 465 |
provided in section 4509.103 of the Revised Code; | 466 |
| 467 |
a form provided and approved by the registrar for the filing of an | 468 |
accident report required to be filed under section 4509.06 of the | 469 |
Revised Code; | 470 |
| 471 |
of a policy of liability insurance, or liability bond, if the | 472 |
policy or bond complies with section 4509.20 or sections 4509.49 | 473 |
to 4509.61 of the Revised Code; | 474 |
| 475 |
provided in section 4509.59 of the Revised Code; | 476 |
| 477 |
provided in section 4509.62 of the Revised Code; | 478 |
| 479 |
section 4509.72 of the Revised Code. | 480 |
(b) A person also may present proof of financial | 481 |
responsibility under this section to the traffic violations | 482 |
bureau, court, registrar, or peace officer through use of an | 483 |
electronic wireless communications device as specified under | 484 |
section 4509.103 of the Revised Code. | 485 |
(2) If a person fails to demonstrate proof of financial | 486 |
responsibility in a manner described in division (G)(1) of this | 487 |
section, the person may demonstrate proof of financial | 488 |
responsibility under this section by any other method that the | 489 |
court or the bureau, by reason of circumstances in a particular | 490 |
case, may consider appropriate. | 491 |
(3) A motor carrier certificated by the interstate commerce | 492 |
commission or by the public utilities commission may demonstrate | 493 |
proof of financial responsibility by providing a statement | 494 |
designating the motor carrier's operating authority and averring | 495 |
that the insurance coverage required by the certificating | 496 |
authority is in full force and effect. | 497 |
(4)(a) A finding by the registrar or court that a person is | 498 |
covered by proof of financial responsibility in the form of an | 499 |
insurance policy or surety bond is not binding upon the named | 500 |
insurer or surety or any of its officers, employees, agents, or | 501 |
representatives and has no legal effect except for the purpose of | 502 |
administering this section. | 503 |
(b) The preparation and delivery of a financial | 504 |
responsibility identification card or any other document | 505 |
authorized to be used as proof of financial responsibility | 506 |
507 | |
financial responsibility to an electronic wireless communications | 508 |
device that is displayed on the device as text or images does not | 509 |
do any of the following: | 510 |
(i) Create any liability or estoppel against an insurer or | 511 |
surety, or any of its officers, employees, agents, or | 512 |
representatives; | 513 |
(ii) Constitute an admission of the existence of, or of any | 514 |
liability or coverage under, any policy or bond; | 515 |
(iii) Waive any defenses or counterclaims available to an | 516 |
insurer, surety, agent, employee, or representative in an action | 517 |
commenced by an insured or third-party claimant upon a cause of | 518 |
action alleged to have arisen under an insurance policy or surety | 519 |
bond or by reason of the preparation and delivery of a document | 520 |
for use as proof of financial responsibility or the generation and | 521 |
delivery of proof of financial responsibility to an electronic | 522 |
wireless communications device. | 523 |
(c) Whenever it is determined by a final judgment in a | 524 |
judicial proceeding that an insurer or surety, which has been | 525 |
named on a document or displayed on an electronic wireless | 526 |
communications device accepted by a court or the registrar as | 527 |
proof of financial responsibility covering the operation of a | 528 |
motor vehicle at the time of an accident or offense, is not liable | 529 |
to pay a judgment for injuries or damages resulting from such | 530 |
operation, the registrar, notwithstanding any previous contrary | 531 |
finding, shall forthwith suspend the operating privileges and | 532 |
registration rights of the person against whom the judgment was | 533 |
rendered as provided in division (A)(2) of this section. | 534 |
(H) In order for any document or display of text or images on | 535 |
an electronic wireless communications device described in division | 536 |
(G)(1) | 537 |
proof of financial responsibility under this section, the document | 538 |
or words or images shall state the name of the insured or obligor, | 539 |
the name of the insurer or surety company, and the effective and | 540 |
expiration dates of the financial responsibility, and designate by | 541 |
explicit description or by appropriate reference all motor | 542 |
vehicles covered which may include a reference to fleet insurance | 543 |
coverage. | 544 |
(I) For purposes of this section, "owner" does not include a | 545 |
licensed motor vehicle leasing dealer as defined in section | 546 |
4517.01 of the Revised Code, but does include a motor vehicle | 547 |
renting dealer as defined in section 4549.65 of the Revised Code. | 548 |
Nothing in this section or in section 4509.51 of the Revised Code | 549 |
shall be construed to prohibit a motor vehicle renting dealer from | 550 |
entering into a contractual agreement with a person whereby the | 551 |
person renting the motor vehicle agrees to be solely responsible | 552 |
for maintaining proof of financial responsibility, in accordance | 553 |
with this section, with respect to the operation, maintenance, or | 554 |
use of the motor vehicle during the period of the motor vehicle's | 555 |
rental. | 556 |
(J) The purpose of this section is to require the maintenance | 557 |
of proof of financial responsibility with respect to the operation | 558 |
of motor vehicles on the highways of this state, so as to minimize | 559 |
those situations in which persons are not compensated for injuries | 560 |
and damages sustained in motor vehicle accidents. The general | 561 |
assembly finds that this section contains reasonable civil | 562 |
penalties and procedures for achieving this purpose. | 563 |
(K) Nothing in this section shall be construed to be subject | 564 |
to section 4509.78 of the Revised Code. | 565 |
(L)(1) The registrar may terminate any suspension imposed | 566 |
under this section and not require the owner to comply with | 567 |
divisions (A)(5)(a), (b), and (c) of this section if the registrar | 568 |
with or without a hearing determines that the owner of the vehicle | 569 |
has established by clear and convincing evidence that all of the | 570 |
following apply: | 571 |
(a) The owner customarily maintains proof of financial | 572 |
responsibility. | 573 |
(b) Proof of financial responsibility was not in effect for | 574 |
the vehicle on the date in question for one of the following | 575 |
reasons: | 576 |
(i) The vehicle was inoperable. | 577 |
(ii) The vehicle is operated only seasonally, and the date in | 578 |
question was outside the season of operation. | 579 |
(iii) A person other than the vehicle owner or driver was at | 580 |
fault for the lapse of proof of financial responsibility through | 581 |
no fault of the owner or driver. | 582 |
(iv) The lapse of proof of financial responsibility was | 583 |
caused by excusable neglect under circumstances that are not | 584 |
likely to recur and do not suggest a purpose to evade the | 585 |
requirements of this chapter. | 586 |
(2) The registrar may grant an owner or driver relief for a | 587 |
reason specified in division (L)(1)(b)(i) or (ii) of this section | 588 |
whenever the owner or driver is randomly selected to verify the | 589 |
existence of proof of financial responsibility for such a vehicle. | 590 |
However, the registrar may grant an owner or driver relief for a | 591 |
reason specified in division (L)(1)(b)(iii) or (iv) of this | 592 |
section only if the owner or driver has not previously been | 593 |
granted relief under division (L)(1)(b)(iii) or (iv) of this | 594 |
section. | 595 |
(M) The registrar shall adopt rules in accordance with | 596 |
Chapter 119. of the Revised Code that are necessary to administer | 597 |
and enforce this section. The rules shall include procedures for | 598 |
the surrender of license plates upon failure to maintain proof of | 599 |
financial responsibility and provisions relating to reinstatement | 600 |
of registration rights, acceptable forms of proof of financial | 601 |
responsibility, the use of an electronic wireless communications | 602 |
device to present proof of financial responsibility, and | 603 |
verification of the existence of financial responsibility during | 604 |
the period of registration. | 605 |
(N)(1) When a person utilizes an electronic wireless | 606 |
communications device to present proof of financial | 607 |
responsibility, only the evidence of financial responsibility | 608 |
displayed on the device shall be viewed by the registrar, peace | 609 |
officer, employee or official of the traffic violations bureau, or the court. No other content of the device shall be viewed for purposes | 611 |
of obtaining proof of financial responsibility. | 612 |
(2) When a person provides an electronic wireless | 613 |
communications device to the registrar, a peace officer, an | 614 |
employee or official of a traffic violations bureau, or the court, | 615 |
the person assumes the risk of any resulting damage to the device | 616 |
unless the registrar, peace officer, employee, or official, or | 617 |
court personnel purposely, knowingly, or recklessly commits an | 618 |
action that results in damage to the device. | 619 |
Sec. 4509.102. No person who has knowingly failed to | 620 |
maintain proof of financial responsibility in accordance with | 621 |
section 4509.101 of the Revised Code shall produce any document or | 622 |
present to a peace officer an electronic wireless communications | 623 |
device that is displaying any text or images with the purpose to | 624 |
mislead a peace officer upon the request of a peace officer for | 625 |
proof of financial responsibility made in accordance with division | 626 |
(D)(2) of section 4509.101 of the Revised Code. | 627 |
Whoever violates this | 628 |
under section 2921.13 of the Revised Code. | 629 |
Sec. 4509.103. (A) As used in this section and sections | 630 |
4509.101 and 4509.102 of the Revised Code, "electronic | 631 |
wireless communications device" includes any of the following: | 632 |
(1) A wireless telephone, including a cellular telephone; | 633 |
(2) A personal digital assistant; | 634 |
(3) A computer, including a laptop computer, a netbook | 635 |
computer, and a tablet computer; | 636 |
(4) Any other substantially similar wireless device that is | 637 |
designed or used to communicate and displays text or images. | 638 |
(B) Each insurer writing motor vehicle liability insurance in | 639 |
this state shall provide financial responsibility identification | 640 |
cards to every policyholder in this state to whom it has delivered | 641 |
or issued for delivery a motor vehicle liability insurance policy. | 642 |
A minimum of one financial responsibility identification card | 643 |
shall be issued for every motor vehicle insured under a motor | 644 |
vehicle liability insurance policy. | 645 |
| 646 |
valid only for the policy period. The card shall be in a form | 647 |
prescribed by the registrar of motor vehicles. It shall disclose | 648 |
the policy period and shall contain such other information as | 649 |
required by the registrar. | 650 |
(C) Each insurer writing motor vehicle liability insurance in | 651 |
this state also shall provide to every policyholder in this state | 652 |
to whom it has delivered or issued for delivery a motor vehicle | 653 |
liability insurance policy the ability to utilize an electronic | 654 |
wireless communications device to present proof of financial | 655 |
responsibility to a traffic violations bureau, court, registrar, | 656 |
or peace officer when required to do so by section 4509.101 of the | 657 |
Revised Code. The text or images that are displayed on such a | 658 |
device as the result of the generation and delivery by the insurer | 659 |
of information and data to the device shall conform to the | 660 |
requirements applicable to such text or images that the registrar | 661 |
prescribes in rules adopted under section 4509.101 of the Revised | 662 |
Code. | 663 |
Sec. 4509.45. (A) As used in this section, "electronic | 664 |
wireless communications device" has the same meaning as in section | 665 |
4509.103 of the Revised Code. | 666 |
(B) Proof of financial responsibility when required under | 667 |
section 4509.101, 4509.33, 4509.34, 4509.38, 4509.40, 4509.42, | 668 |
4509.44, or 4510.038 of the Revised Code may be given by filing | 669 |
any of the following: | 670 |
(1) A financial responsibility identification card as | 671 |
provided in section 4509.104 of the Revised Code; | 672 |
(2) A certificate of insurance as provided in section 4509.46 | 673 |
or 4509.47 of the Revised Code; | 674 |
(3) A bond as provided in section 4509.59 of the Revised | 675 |
Code; | 676 |
(4) A certificate of deposit of money or securities as | 677 |
provided in section 4509.62 of the Revised Code; | 678 |
(5) A certificate of self-insurance, as provided in section | 679 |
4509.72 of the Revised Code, supplemented by an agreement by the | 680 |
self-insurer that, with respect to accidents occurring while the | 681 |
certificate is in force, the self-insurer will pay the same | 682 |
amounts that an insurer would have been obligated to pay under an | 683 |
owner's motor vehicle liability policy if it had issued such a | 684 |
policy to the self-insurer. | 685 |
| 686 |
be given under section 4509.101 of the Revised Code, such proof | 687 |
also may be given through use of an electronic wireless | 688 |
communications device as provided in that section. | 689 |
(D) Proof under division | 690 |
filed and maintained for five years from the date of the | 691 |
registrar's imposition of a class A, B, or C suspension of | 692 |
operating privileges and shall be filed and maintained for three | 693 |
years from the date of the registrar's imposition of a class D, E, | 694 |
or F suspension of operating privileges. Proof of financial | 695 |
responsibility that is required to be filed and maintained with | 696 |
the registrar during a period of suspension of operating | 697 |
privileges described in this division shall not be given through | 698 |
the use of an electronic wireless communications device. | 699 |
Section 2. That existing sections 4503.20, 4509.101, | 700 |
4509.102, 4509.103, and 4509.45 of the Revised Code are hereby | 701 |
repealed. | 702 |