Bill Text: OH HB251 | 2009-2010 | 128th General Assembly | Comm Sub

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Bill Title: To make changes in the law governing commercial drivers' licenses, including hazardous material endorsements, disqualifications, conviction records, and licensure of private commercial driver's license test administrators, and to exclude certain components from the prohibited length dimensions of specified types of vehicles.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-04-29 - Committee Report - S [HB251 Detail]

Download: Ohio-2009-HB251-Comm_Sub.html

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As Reported by the House Civil and Commercial Law Committee

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 251

Representative Book 

Cosponsors: Representatives Luckie, Phillips 

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A BILL

To amend sections 2935.36, 2951.041, 4506.09,

1

4506.101, 4506.15, 4506.16, 4506.161, 4506.17,

2

4506.21, 4510.03, 4510.036, 4513.37, and 5577.05

3

and to enact section 4506.131 of the Revised Code

4

to make changes in the law governing commercial

5

drivers' licenses, including hazardous material

6

endorsements, disqualifications, conviction

7

records, and licensure of private commercial

8

driver's license test administrators, and to

9

exclude certain components from the prohibited

10

length dimensions of specified types of vehicles.

11

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

Section 1.  That sections 2935.36, 2951.041, 4506.09,	12
4506.101, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21, 4510.03,	13
4510.036, 4513.37, and 5577.05 be amended and section 4506.131 of	14
the Revised Code be enacted to read as follows:	15

Sec. 2935.36.  (A) The prosecuting attorney may establish	16
pre-trial diversion programs for adults who are accused of	17
committing criminal offenses and whom the prosecuting attorney	18
believes probably will not offend again. The prosecuting attorney	19
may require, as a condition of an accused's participation in the	20
program, the accused to pay a reasonable fee for supervision	21
services that include, but are not limited to, monitoring and drug	22
testing. The programs shall be operated pursuant to written	23
standards approved by journal entry by the presiding judge or, in	24
courts with only one judge, the judge of the court of common pleas	25
and shall not be applicable to any of the following:	26

(1) Repeat offenders or dangerous offenders;

27

(2) Persons accused of an offense of violence, of a violation	28
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	29
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	30
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	31
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	32
Code that, had it occurred prior to July 1, 1996, would have been	33
a violation of section 2905.04 of the Revised Code as it existed	34
prior to that date, with the exception that the prosecuting	35
attorney may permit persons accused of any such offense to enter a	36
pre-trial diversion program, if the prosecuting attorney finds any	37
of the following:	38

(a) The accused did not cause, threaten, or intend serious	39
physical harm to any person;	40

(b) The offense was the result of circumstances not likely to	41
recur;	42

(c) The accused has no history of prior delinquency or	43
criminal activity;	44

(d) The accused has led a law-abiding life for a substantial	45
time before commission of the alleged offense;	46

(e) Substantial grounds tending to excuse or justify the	47
alleged offense.	48

(3) Persons accused of a violation of Chapter 2925. or 3719.	49
of the Revised Code;	50

(4) Persons accused of a violation of section 4511.19 of the	51
Revised Code or a violation of any substantially similar municipal	52
ordinance;	53

(5)(a) Persons who are accused of an offense while operating	54
a commercial motor vehicle or persons who hold a commercial	55
driver's license and are accused of any offense, if conviction	56
of the offense would disqualify the person from operating a	57
commercial motor vehicle under Chapter 4506. of the Revised Code	58
or would subject the person to any other sanction under that	59
chapter;	60

(b) As used in division (A)(5) of this section, "commercial	61
driver's license" and "commercial motor vehicle" have the same	62
meanings as in section 4506.01 of the Revised Code.	63

(B) An accused who enters a diversion program shall do all of	64
the following:	65

(1) Waive, in writing and contingent upon the accused's	66
successful completion of the program, the accused's right to a	67
speedy trial, the preliminary hearing, the time period within	68
which the grand jury may consider an indictment against the	69
accused, and arraignment, unless the hearing, indictment, or	70
arraignment has already occurred;	71

(2) Agree, in writing, to the tolling while in the program of	72
all periods of limitation established by statutes or rules of	73
court, that are applicable to the offense with which the accused	74
is charged and to the conditions of the diversion program	75
established by the prosecuting attorney;	76

(3) Agree, in writing, to pay any reasonable fee for	77
supervision services established by the prosecuting attorney.	78

(C) The trial court, upon the application of the prosecuting	79
attorney, shall order the release from confinement of any accused	80
who has agreed to enter a pre-trial diversion program and shall	81
discharge and release any existing bail and release any sureties	82
on recognizances and shall release the accused on a recognizance	83
bond conditioned upon the accused's compliance with the terms of	84
the diversion program. The prosecuting attorney shall notify every	85
victim of the crime and the arresting officers of the prosecuting	86
attorney's intent to permit the accused to enter a pre-trial	87
diversion program. The victim of the crime and the arresting	88
officers shall have the opportunity to file written objections	89
with the prosecuting attorney prior to the commencement of the	90
pre-trial diversion program.	91

(D) If the accused satisfactorily completes the diversion	92
program, the prosecuting attorney shall recommend to the trial	93
court that the charges against the accused be dismissed, and the	94
court, upon the recommendation of the prosecuting attorney, shall	95
dismiss the charges. If the accused chooses not to enter the	96
prosecuting attorney's diversion program, or if the accused	97
violates the conditions of the agreement pursuant to which the	98
accused has been released, the accused may be brought to trial	99
upon the charges in the manner provided by law, and the waiver	100
executed pursuant to division (B)(1) of this section shall be void	101
on the date the accused is removed from the program for the	102
violation.	103

(E) As used in this section:

104

(1) "Repeat offender" means a person who has a history of	105
persistent criminal activity and whose character and condition	106
reveal a substantial risk that the person will commit another	107
offense. It is prima-facie evidence that a person is a repeat	108
offender if any of the following applies:	109

(a) Having been convicted of one or more offenses of violence	110
and having been imprisoned pursuant to sentence for any such	111
offense, the person commits a subsequent offense of violence;	112

(b) Having been convicted of one or more sexually oriented	113
offenses or child-victim oriented offenses, both as defined in	114
section 2950.01 of the Revised Code, and having been imprisoned	115
pursuant to sentence for one or more of those offenses, the person	116
commits a subsequent sexually oriented offense or child-victim	117
oriented offense;	118

(c) Having been convicted of one or more theft offenses as	119
defined in section 2913.01 of the Revised Code and having been	120
imprisoned pursuant to sentence for one or more of those theft	121
offenses, the person commits a subsequent theft offense;	122

(d) Having been convicted of one or more felony drug abuse	123
offenses as defined in section 2925.01 of the Revised Code and	124
having been imprisoned pursuant to sentence for one or more of	125
those felony drug abuse offenses, the person commits a subsequent	126
felony drug abuse offense;	127

(e) Having been convicted of two or more felonies and having	128
been imprisoned pursuant to sentence for one or more felonies, the	129
person commits a subsequent offense;	130

(f) Having been convicted of three or more offenses of any	131
type or degree other than traffic offenses, alcoholic intoxication	132
offenses, or minor misdemeanors and having been imprisoned	133
pursuant to sentence for any such offense, the person commits a	134
subsequent offense.	135

(2) "Dangerous offender" means a person who has committed an	136
offense, whose history, character, and condition reveal a	137
substantial risk that the person will be a danger to others, and	138
whose conduct has been characterized by a pattern of repetitive,	139
compulsive, or aggressive behavior with heedless indifference to	140
the consequences.	141

Sec. 2951.041.  (A)(1) If an offender is charged with a	142
criminal offense and the court has reason to believe that drug or	143
alcohol usage by the offender was a factor leading to the	144
offender's criminal behavior, the court may accept, prior to the	145
entry of a guilty plea, the offender's request for intervention in	146
lieu of conviction. The request shall include a waiver of the	147
defendant's right to a speedy trial, the preliminary hearing, the	148
time period within which the grand jury may consider an indictment	149
against the offender, and arraignment, unless the hearing,	150
indictment, or arraignment has already occurred. The court may	151
reject an offender's request without a hearing. If the court	152
elects to consider an offender's request, the court shall conduct	153
a hearing to determine whether the offender is eligible under this	154
section for intervention in lieu of conviction and shall stay all	155
criminal proceedings pending the outcome of the hearing. If the	156
court schedules a hearing, the court shall order an assessment of	157
the offender for the purpose of determining the offender's	158
eligibility for intervention in lieu of conviction and	159
recommending an appropriate intervention plan.	160

(2) The victim notification provisions of division (C) of	161
section 2930.08 of the Revised Code apply in relation to any	162
hearing held under division (A)(1) of this section.	163

(B) An offender is eligible for intervention in lieu of	164
conviction if the court finds all of the following:	165

(1) The offender previously has not been convicted of or	166
pleaded guilty to a felony, previously has not been through	167
intervention in lieu of conviction under this section or any	168
similar regimen, and is charged with a felony for which the court,	169
upon conviction, would impose sentence under division (B)(2)(b) of	170
section 2929.13 of the Revised Code or with a misdemeanor.	171

(2) The offense is not a felony of the first, second, or	172
third degree, is not an offense of violence, is not a violation of	173
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	174
not a violation of division (A)(1) of section 2903.08 of the	175
Revised Code, is not a violation of division (A) of section	176
4511.19 of the Revised Code or a municipal ordinance that is	177
substantially similar to that division, and is not an offense for	178
which a sentencing court is required to impose a mandatory prison	179
term, a mandatory term of local incarceration, or a mandatory term	180
of imprisonment in a jail.	181

(3) The offender is not charged with a violation of section	182
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is	183
not charged with a violation of section 2925.11 of the Revised	184
Code that is a felony of the first, second, or third degree.	185

(4) The offender is not charged with a violation of section	186
2925.11 of the Revised Code that is a felony of the fourth degree,	187
or the offender is charged with a violation of that section that	188
is a felony of the fourth degree and the prosecutor in the case	189
has recommended that the offender be classified as being eligible	190
for intervention in lieu of conviction under this section.	191

(5) The offender has been assessed by an appropriately	192
licensed provider, certified facility, or licensed and	193
credentialed professional, including, but not limited to, a	194
program licensed by the department of alcohol and drug addiction	195
services pursuant to section 3793.11 of the Revised Code, a	196
program certified by that department pursuant to section 3793.06	197
of the Revised Code, a public or private hospital, the United	198
States department of veterans affairs, another appropriate agency	199
of the government of the United States, or a licensed physician,	200
psychiatrist, psychologist, independent social worker,	201
professional counselor, or chemical dependency counselor for the	202
purpose of determining the offender's eligibility for intervention	203
in lieu of conviction and recommending an appropriate intervention	204
plan.	205

(6) The offender's drug or alcohol usage was a factor leading	206
to the criminal offense with which the offender is charged,	207
intervention in lieu of conviction would not demean the	208
seriousness of the offense, and intervention would substantially	209
reduce the likelihood of any future criminal activity.	210

(7) The alleged victim of the offense was not sixty-five	211
years of age or older, permanently and totally disabled, under	212
thirteen years of age, or a peace officer engaged in the officer's	213
official duties at the time of the alleged offense.	214

(8) If the offender is charged with a violation of section	215
2925.24 of the Revised Code, the alleged violation did not result	216
in physical harm to any person, and the offender previously has	217
not been treated for drug abuse.	218

(9) The offender is willing to comply with all terms and	219
conditions imposed by the court pursuant to division (D) of this	220
section.	221

(10) The offender is not charged with an offense that would	222
result in the offender being disqualified under Chapter 4506. of	223
the Revised Code from operating a commercial motor vehicle or	224
would subject the offender to any other sanction under that	225
chapter.	226

(C) At the conclusion of a hearing held pursuant to division	227
(A) of this section, the court shall enter its determination as to	228
whether the offender is eligible for intervention in lieu of	229
conviction and as to whether to grant the offender's request. If	230
the court finds under division (B) of this section that the	231
offender is eligible for intervention in lieu of conviction and	232
grants the offender's request, the court shall accept the	233
offender's plea of guilty and waiver of the defendant's right to a	234
speedy trial, the preliminary hearing, the time period within	235
which the grand jury may consider an indictment against the	236
offender, and arraignment, unless the hearing, indictment, or	237
arraignment has already occurred. In addition, the court then may	238
stay all criminal proceedings and order the offender to comply	239
with all terms and conditions imposed by the court pursuant to	240
division (D) of this section. If the court finds that the offender	241
is not eligible or does not grant the offender's request, the	242
criminal proceedings against the offender shall proceed as if the	243
offender's request for intervention in lieu of conviction had not	244
been made.	245

(D) If the court grants an offender's request for	246
intervention in lieu of conviction, the court shall place the	247
offender under the general control and supervision of the county	248
probation department, the adult parole authority, or another	249
appropriate local probation or court services agency, if one	250
exists, as if the offender was subject to a community control	251
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	252
Revised Code. The court shall establish an intervention plan for	253
the offender. The terms and conditions of the intervention plan	254
shall require the offender, for at least one year from the date on	255
which the court grants the order of intervention in lieu of	256
conviction, to abstain from the use of illegal drugs and alcohol,	257
to participate in treatment and recovery support services, and to	258
submit to regular random testing for drug and alcohol use and may	259
include any other treatment terms and conditions, or terms and	260
conditions similar to community control sanctions, which may	261
include community service or restitution, that are ordered by the	262
court.	263

(E) If the court grants an offender's request for	264
intervention in lieu of conviction and the court finds that the	265
offender has successfully completed the intervention plan for the	266
offender, including the requirement that the offender abstain from	267
using drugs and alcohol for a period of at least one year from the	268
date on which the court granted the order of intervention in lieu	269
of conviction and all other terms and conditions ordered by the	270
court, the court shall dismiss the proceedings against the	271
offender. Successful completion of the intervention plan and	272
period of abstinence under this section shall be without	273
adjudication of guilt and is not a criminal conviction for	274
purposes of any disqualification or disability imposed by law and	275
upon conviction of a crime, and the court may order the sealing of	276
records related to the offense in question in the manner provided	277
in sections 2953.31 to 2953.36 of the Revised Code.	278

(F) If the court grants an offender's request for	279
intervention in lieu of conviction and the offender fails to	280
comply with any term or condition imposed as part of the	281
intervention plan for the offender, the supervising authority for	282
the offender promptly shall advise the court of this failure, and	283
the court shall hold a hearing to determine whether the offender	284
failed to comply with any term or condition imposed as part of the	285
plan. If the court determines that the offender has failed to	286
comply with any of those terms and conditions, it shall enter a	287
finding of guilty and shall impose an appropriate sanction under	288
Chapter 2929. of the Revised Code. If the court sentences the	289
offender to a prison term, the court, after consulting with the	290
department of rehabilitation and correction regarding the	291
availability of services, may order continued court-supervised	292
activity and treatment of the offender during the prison term and,	293
upon consideration of reports received from the department	294
concerning the offender's progress in the program of activity and	295
treatment, may consider judicial release under section 2929.20 of	296
the Revised Code.	297

(G) As used in this section:

298

(1) "Community control sanction" has the same meaning as in	299
section 2929.01 of the Revised Code.	300

(2) "Intervention in lieu of conviction" means any	301
court-supervised activity that complies with this section.	302

(3) "Peace officer" has the same meaning as in section	303
2935.01 of the Revised Code.	304

Sec. 4506.09.  (A) The registrar of motor vehicles, subject	305
to approval by the director of public safety, shall adopt rules	306
conforming with applicable standards adopted by the federal motor	307
carrier safety administration as regulations under Pub. L. No.	308
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	309
31317. The rules shall establish requirements for the	310
qualification and testing of persons applying for a commercial	311
driver's license, which shall be in addition to other requirements	312
established by this chapter. Except as provided in division (B) of	313
this section, the highway patrol or any other employee of the	314
department of public safety the registrar authorizes shall	315
supervise and conduct the testing of persons applying for a	316
commercial driver's license.	317

(B) The director may adopt rules, in accordance with Chapter	318
119. of the Revised Code and applicable requirements of the	319
federal motor carrier safety administration, authorizingauthorize	320
the skills test specified in this section to be administered by	321
any person, by an agency of this or another state, or by an	322
agency, department, or instrumentality of local government. Each	323
party authorized under this division to administer the skills test	324
may charge a maximum divisible fee of eighty-five dollars for each	325
skills test given as part of a commercial driver's license	326
examination. The fee shall consist of not more than twenty dollars	327
for the pre-trip inspection portion of the test, not more than	328
twenty dollars for the off-road maneuvering portion of the test,	329
and not more than forty-five dollars for the on-road portion of	330
the test. Each such party may require an appointment fee in the	331
same manner provided in division (E)(2) of this section, except	332
that the maximum amount such a party may require as an appointment	333
fee is eighty-five dollars. The skills test administered by	334
another party under this division shall be the same as otherwise	335
would be administered by this state. The other party shall enter	336
into an agreement with the director that, without limitation, does	337
all of the following:	338

(1) Allows the director or the director's representative and	339
the federal motor carrier safety administration or its	340
representative to conduct random examinations, inspections, and	341
audits of the other party without prior notice;	342

(2) Requires the director or the director's representative to	343
conduct on-site inspections of the other party at least annually;	344

(3) Requires that all examiners of the other party meet the	345
same qualification and training standards as examiners of the	346
department of public safety, to the extent necessary to conduct	347
skills tests in the manner required by 49 C.F.R. 383.110 through	348
383.135;	349

(4) Requires either that state employees take, at least	350
annually and as though the employees were test applicants, the	351
tests actually administered by the other party, that the director	352
test a sample of drivers who were examined by the other party to	353
compare the test results, or that state employees accompany a test	354
applicant during an actual test;	355

(5) Reserves to this state the right to take prompt and	356
appropriate remedial action against testers of the other party if	357
the other party fails to comply with standards of this state or	358
federal standards for the testing program or with any other terms	359
of the contractentity licensed by the department for the purpose.	360
The director shall adopt rules in accordance with Chapter 119. of	361
the Revised Code setting forth the requirements for obtaining and	362
maintaining the license. At a minimum, the rules shall do all of	363
the following:	364

(1) Establish the fee that may be charged by a licensee for	365
administration of each portion of the skills test, provided that	366
the total fee shall not exceed eighty-five dollars;	367

(2) Require the licensee to submit to random examinations,	368
inspections, and audits by the department without prior notice;	369

(3) Establish the qualification and training standards that	370
must be met by all examiners employed by a licensee;	371

(4) Include any other provisions considered necessary by the	372
department to ensure that the skills tests are administered in	373
accordance with federal statutes and regulations.	374

(C) The director shall enter into an agreement with the	375
department of education authorizing the skills test specified in	376
this section to be administered by the department at any location	377
operated by the department for purposes of training and testing	378
school bus drivers, provided that the agreement between the	379
director and the department complies with the requirements of	380
division (B) of this section. Skills tests administered by the	381
department shall be limited to persons applying for a commercial	382
driver's license with a school bus endorsement.	383

(D) The director shall adopt rules, in accordance with	384
Chapter 119. of the Revised Code, authorizing waiver of the skills	385
test specified in this section for any applicant for a commercial	386
driver's license who meets all of the following requirements:	387

(1) Certifies that, during the two-year period immediately	388
preceding application for a commercial driver's license, all of	389
the following apply:	390

(a) The applicant has not had more than one license.

391

(b) The applicant has not had any license suspended, revoked,	392
or canceled.	393

(c) The applicant has not had any convictions for any type of	394
motor vehicle for the offenses for which disqualification is	395
prescribed in section 4506.16 of the Revised Code.	396

(d) The applicant has not had any violation of a state or	397
local law relating to motor vehicle traffic control other than a	398
parking violation arising in connection with any traffic accident	399
and has no record of an accident in which the applicant was at	400
fault.	401

(e) The applicant has previously taken and passed a skills	402
test given by a state with a classified licensing and testing	403
system in which the test was behind-the-wheel in a representative	404
vehicle for the applicant's commercial driver's license	405
classification.	406

(2) Certifies and also provides evidence that the applicant	407
is regularly employed in a job requiring operation of a commercial	408
motor vehicle and that one of the following applies:	409

(a) The applicant has previously taken and passed a skills	410
test given by a state with a classified licensing and testing	411
system in which the test was behind-the-wheel in a representative	412
vehicle for the applicant's commercial driver's license	413
classification.	414

(b) The applicant has regularly operated, for at least two	415
years immediately preceding application for a commercial driver's	416
license, a vehicle representative of the commercial motor vehicle	417
the applicant operates or expects to operate.	418

(E)(1) The department of public safety may charge and collect	419
a divisible fee of fifty dollars for each skills test given as	420
part of a commercial driver's license examination. The fee shall	421
consist of ten dollars for the pre-trip inspection portion of the	422
test, ten dollars for the off-road maneuvering portion of the	423
test, and thirty dollars for the on-road portion of the test.	424

(2) The director may require an applicant for a commercial	425
driver's license who schedules an appointment with the highway	426
patrol or other authorized employee of the department of public	427
safety to take all portions of the skills test, to pay an	428
appointment fee of fifty dollars at the time of scheduling the	429
appointment. If the applicant appears at the time and location	430
specified for the appointment and takes all portions of the skills	431
test during that appointment, the appointment fee shall serve as	432
the skills test fee. If the applicant schedules an appointment to	433
take all portions of the skills test and fails to appear at the	434
time and location specified for the appointment, no portion of the	435
appointment fee shall be refunded. If the applicant schedules an	436
appointment to take all portions of the skills test and appears at	437
the time and location specified for the appointment, but declines	438
or is unable to take all portions of the skills test, no portion	439
of the appointment fee shall be refunded. If the applicant	440
cancels a scheduled appointment forty-eight hours or more prior to	441
the time of the appointment time, the applicant shall not forfeit	442
the appointment fee.	443

An applicant for a commercial driver's license who schedules	444
an appointment to take one or more, but not all, portions of the	445
skills test shall be required to pay an appointment fee equal to	446
the costs of each test scheduled, as prescribed in division (E)(1)	447
of this section, when scheduling such an appointment. If the	448
applicant appears at the time and location specified for the	449
appointment and takes all the portions of the skills test during	450
that appointment that the applicant was scheduled to take, the	451
appointment fee shall serve as the skills test fee. If the	452
applicant schedules an appointment to take one or more, but not	453
all, portions of the skills test and fails to appear at the time	454
and location specified for the appointment, no portion of the	455
appointment fee shall be refunded. If the applicant schedules an	456
appointment to take one or more, but not all, portions of the	457
skills test and appears at the time and location specified for the	458
appointment, but declines or is unable to take all portions of the	459
skills test that the applicant was scheduled to take, no portion	460
of the appointment fee shall be refunded. If the applicant cancels	461
a scheduled appointment forty-eight hours or more prior to the	462
time of the appointment time, the applicant shall not forfeit the	463
appointment fee.	464

(3) The department of public safety shall deposit all fees it	465
collects under division (E) of this section in the state highway	466
safety fund.	467

(F) As used in this section, "skills test" means a test of an	468
applicant's ability to drive the type of commercial motor vehicle	469
for which the applicant seeks a commercial driver's license by	470
having the applicant drive such a motor vehicle while under the	471
supervision of an authorized state driver's license examiner or	472
tester.	473

Sec. 4506.101. Notwithstanding any provision of the Revised	474
Code, the bureau of motor vehicles shall not issue or renew a	475
commercial driver's license if issuance or renewal of the license	476
would violate federal law. No person shall retain a commercial	477
driver's license if the retention of the license would violate	478
federal law.	479

Sec. 4506.131.  (A) The registrar of motor vehicles shall not	480
issue, renew, upgrade, or transfer a hazardous materials	481
endorsement for a commercial driver's license to any individual	482
authorizing that individual to operate a commercial motor vehicle	483
transporting a hazardous material in commerce unless the registrar	484
has received from the transportation security administration a	485
determination indicating that the individual does not pose a	486
security risk warranting denial of the endorsement.	487

(B)(1) Immediately upon receiving a determination from the	488
transportation security administration that an individual poses a	489
security risk warranting denial of a hazardous materials	490
endorsement, the registrar shall revoke any existing hazardous	491
materials endorsement and shall refuse to issue a hazardous	492
materials endorsement for the individual named as a security risk.	493

(2) Within fifteen days of receiving any determination from	494
the transportation security administration indicating the status	495
of an individual's security risk, the registrar shall notify the	496
commercial driver license information system of the results of the	497
security assessment.	498

(C) The registrar shall order any revocation under division	499
(B) of this section without a hearing. Any person adversely	500
affected by the order may request an administrative hearing before	501
the registrar. The scope of the hearing shall be limited to	502
whether the bureau of motor vehicles properly revoked the	503
hazardous material endorsement after receiving notification from	504
the transportation security administration and shall not include	505
consideration of whether the transportation security	506
administration acted properly in sending the notification.	507

Sec. 4506.15.  (A) No person who holds a commercial driver's	508
license or operates a motor vehicle for which a commercial	509
driver's license is required shall do any of the following:	510

(1) Drive a commercial motor vehicle while having a	511
measurable or detectable amount of alcohol or of a controlled	512
substance in the person's blood, breath, or urine;	513

(2) Drive a commercial motor vehicle while having an alcohol	514
concentration of four-hundredths of one per cent or more by whole	515
blood or breath;	516

(3) Drive a commercial motor vehicle while having an alcohol	517
concentration of forty-eight-thousandths of one per cent or more	518
by blood serum or blood plasma;	519

(4) Drive a commercial motor vehicle while having an alcohol	520
concentration of fifty-six-thousandths of one per cent or more by	521
urine;	522

(5) Drive a motor vehicle while under the influence of a	523
controlled substance;	524

(6) Drive a motor vehicle in violation of section 4511.19 of	525
the Revised Code or a municipal OVI ordinance as defined in	526
section 4511.181 of the Revised Code;	527

(7) Use a motor vehicle in the commission of a felony;

528

(7)(8) Refuse to submit to a test under section 4506.17 or	529
4511.191 of the Revised Code;	530

(8)(9) Operate a commercial motor vehicle while the person's	531
commercial driving privileges are revoked, suspended, canceled, or	532
disqualified;	533

(9)(10) Cause a fatality thoughthrough the negligent	534
operation of a commercial motor vehicle, including, but not	535
limited to, the offenses of aggravated vehicular homicide,	536
vehicular homicide, and vehicular manslaughter;	537

(10) Use a motor vehicle in the commission of a felony	538
involving the manufacture, distribution, or dispensing of a	539
controlled substance as defined in section 3719.01 of the Revised	540
Code or the possession with intent to manufacture, distribute, or	541
dispense a controlled substance(11) Fail to stop after an	542
accident in violation of sections 4549.02 to 4549.03 of the	543
Revised Code;	544

(11)(12) Drive a commercial motor vehicle in violation of any	545
provision of sections 4511.61 to 4511.63 of the Revised Code or	546
any federal or local law or ordinance pertaining to	547
railroad-highway grade crossings;	548

(12) Violate any prohibition described in divisions (A)(2) to	549
(11) of this section while transporting hazardous materials(13)	550
Use a motor vehicle in the commission of a felony involving the	551
manufacture, distribution, or dispensing of a controlled substance	552
as defined in section 3719.01 of the Revised Code or the	553
possession with intent to manufacture, distribute, or dispense a	554
controlled substance.	555

(B) Whoever violates this section is guilty of a misdemeanor	556
of the first degree.	557

Sec. 4506.16.  (A) Any person who is found to have been	558
convicted of a violation of an out-of-service order shall be	559
disqualified by the registrar of motor vehicles as follows:	560

(1) If the person has not been convicted previously of a	561
violation of an out-of-service order, the period of	562
disqualification is ninetyone hundred eighty days.	563

(2) If, during any ten-year period, the driver is convicted	564
of a second violation of an out-of-service order in an incident	565
separate from the incident that resulted in the first violation,	566
the period of disqualification is one yeartwo years.	567

(3) If, during any ten-year period, the driver is convicted	568
of a third or subsequent violation of an out-of-service order in	569
an incident separate from the incidents that resulted in the	570
previous violations during that ten-year period, the period of	571
disqualification is three years.	572

(B)(1) A driver is disqualified for one hundred eighty days	573
if the driver is convicted of a first violation of an	574
out-of-service order while transporting hazardous materials	575
required to be placarded under the "Hazardous Materials	576
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	577
amended, or while operating a motor vehicle designed to transport	578
sixteen or more passengers, including the driver.	579

(2) A driver is disqualified for a period of three years if,	580
during any ten-year period, the driver is convicted of a second or	581
subsequent violation, in an incident separate from the incident	582
that resulted in a previous violation during that ten-year period,	583
of an out-of-service order while transporting hazardous materials	584
required to be placarded under that act, or while operating a	585
motor vehicle designed to transport sixteen or more passengers,	586
including the driver.	587

(C) Whoever violates division (A)(1) of section 4506.15 of	588
the Revised Code or a similar law of another state or a foreign	589
jurisdiction, immediately shall be placed out-of-service for	590
twenty-four hours, in addition to any disqualification required by	591
this section and any other penalty imposed by the Revised Code.	592

(D) The registrar of motor vehicles shall disqualify any	593
holder of a commercial driver's license, or any operator of a	594
commercial motor vehicle for which a commercial driver's license	595
is required, from operating a commercial motor vehicle as follows:	596

(1) Upon a first conviction for a violation of any provision	597
of divisions (A)(2) to (9)(12) of section 4506.15 of the Revised	598
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the	599
Revised Code, or a similar law of another state or a foreign	600
jurisdiction, or upon a first suspension imposed under section	601
4511.191 of the Revised Code or a similar law of another state or	602
foreign jurisdiction, one year;	603

(2) Upon a second conviction for a violation of any provision	604
of divisions (A)(2) to (9)(12) of section 4506.15 of the Revised	605
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the	606
Revised Code, or a similar law of another state or a foreign	607
jurisdiction, or upon a second suspension imposed under section	608
4511.191 of the Revised Code or a similar law of another state or	609
foreign jurisdiction, or any combination of such violations	610
arising from two or more separate incidents, the person shall be	611
disqualified for life or for any other period of time as	612
determined by the United States secretary of transportation and	613
designated by the director of public safety by rule;	614

(3) Upon a first conviction for a violation of divisionany	615
of the following violations while transporting hazardous	616
materials, three years:	617

(a) Divisions (A)(12)(2) to (12) of section 4506.15 of the	618
Revised Code or a;	619

(b) A similar law of another state or a foreign	620
jurisdiction, three years;.	621

(4) Upon conviction of a violation of division (A)(10)(13) of	622
section 4506.15 of the Revised Code or a similar law of another	623
state or a foreign jurisdiction, the person shall be disqualified	624
for life;	625

(5)(a) Upon conviction of two serious traffic violations	626
involving the operation of a commercial motor vehicle by the	627
person and arising from separate incidents occurring in a	628
three-year period, the person shall be disqualified for sixty	629
days, which disqualification shall be imposed consecutively to any	630
other separate disqualification imposed under division (D)(5) or	631
(6) of this section;	632

(b) Upon conviction of two serious traffic violations	633
involving the operation of a vehicle other than a commercial motor	634
vehicle by the person and arising from separate incidents	635
occurring in a three-year period, the person shall be disqualified	636
for sixty days if the conviction results in the suspension,	637
cancellation, or revocation of the holder's commercial driver's	638
license or noncommercial motor vehicle driving privileges, which	639
disqualification shall be imposed consecutively to any other	640
separate disqualification imposed under division (D)(5) or (6)	641
of this section;	642

(6)(a) Upon conviction of three serious traffic violations	643
involving the operation of a commercial motor vehicle by the	644
person and arising from separate incidents occurring in a	645
three-year period, the person shall be disqualified for one	646
hundred twenty days, which disqualification shall be imposed	647
consecutively to any other separate disqualification imposed	648
under division (D)(5) or (6) of this section;	649

(b) Upon conviction of three serious traffic violations	650
involving the operation of a vehicle other than a commercial motor	651
vehicle by the person and arising from separate incidents	652
occurring in a three-year period, the person shall be disqualified	653
for one hundred twenty days if the conviction results in the	654
suspension, cancellation, or revocation of the holder's commercial	655
driver's license or noncommercial motor vehicle driving	656
privileges, which disqualification shall be imposed consecutively	657
to any other separate disqualification imposed under division	658
(D)(5) or (6) of this section.	659

(7) Upon a first conviction involving the operation of a	660
commercial motor vehicle in violation of any provisions of	661
sections 4511.61 to 4511.63 of the Revised Code or a similar law	662
of another state or foreign jurisdiction, not less than sixty	663
days;	664

(8) Upon a second conviction involving the operation of a	665
commercial motor vehicle in violation of any provisions of	666
sections 4511.61 to 4511.63 of the Revised Code or a similar law	667
of another state or foreign jurisdiction within three years of the	668
first such conviction, not less than one hundred twenty days;	669

(9) Upon a third or subsequent conviction involving the	670
operation of a commercial motor vehicle in violation of any	671
provisions of sections 4511.61 to 4511.63 of the Revised Code or a	672
similar law of another state or foreign jurisdiction within three	673
years of the first such conviction, not less than one year;	674

(10) Upon receiving notification from the federal motor	675
carrier safety administration, the registrar immediately, prior to	676
any hearing, shall disqualify any commercial motor vehicle driver	677
whose driving is determined to constitute an imminent hazard as	678
defined under federal motor carrier safety regulation 49 C.F.R.	679
383.52.	680

(E) For the purposes of this section, conviction of a	681
violation for which disqualification is required includes	682
conviction under any municipal ordinance that is substantially	683
similar to any section of the Revised Code that is set forth in	684
division (D) of this section and may be evidenced by any of the	685
following:	686

(1) A judgment entry of a court of competent jurisdiction in	687
this or any other state;	688

(2) An administrative order of a state agency of this or any	689
other state having statutory jurisdiction over commercial drivers;	690

(3) A computer record obtained from or through the commercial	691
driver's license information system;	692

(4) A computer record obtained from or through a state agency	693
of this or any other state having statutory jurisdiction over	694
commercial drivers or the records of commercial drivers.	695

(F) For purposes of this section, conviction of disqualifying	696
offenses committed in a noncommercial motor vehicle are included	697
if either of the following applies:	698

(1) The offense occurred after the person obtained the	699
person's commercial driver's license.	700

(2) The offense occurs on or after September 30, 2005.

701

(G) If a person commits a serious traffic violation by	702
operating a commercial motor vehicle without having a commercial	703
driver's license in the person's possession as described in	704
division (DD)(7) of section 4506.01 of the Revised Code and the	705
person then submits proof to either the enforcement agency that	706
issued the citation for the violation or to the court with	707
jurisdiction over the case before the date of the person's initial	708
appearance that shows that the person held a valid commercial	709
driver's license at the time of the violation, the violation shall	710
not be deemed to be a serious traffic violation.	711

(H) Any record described in division (C) of this section	712
shall be deemed to be self-authenticating when it is received by	713
the bureau of motor vehicles.	714

(I) When disqualifying a driver, the registrar shall cause	715
the records of the bureau to be updated to reflect that action	716
within ten days after it occurs.	717

(J) The registrar immediately shall notify a driver who is	718
finally convicted of any offense described in section 4506.15 of	719
the Revised Code or division (B)(4), (5), or (6) of this section	720
and thereby is subject to disqualification, of the offense or	721
offenses involved, of the length of time for which	722
disqualification is to be imposed, and that the driver may request	723
a hearing within thirty days of the mailing of the notice to show	724
cause why the driver should not be disqualified from operating a	725
commercial motor vehicle. If a request for such a hearing is not	726
made within thirty days of the mailing of the notice, the order of	727
disqualification is final. The registrar may designate hearing	728
examiners who, after affording all parties reasonable notice,	729
shall conduct a hearing to determine whether the disqualification	730
order is supported by reliable evidence. The registrar shall adopt	731
rules to implement this division.	732

(K) Any person who is disqualified from operating a	733
commercial motor vehicle under this section may apply to the	734
registrar for a driver's license to operate a motor vehicle other	735
than a commercial motor vehicle, provided the person's commercial	736
driver's license is not otherwise suspended. A person whose	737
commercial driver's license is suspended shall not apply to the	738
registrar for or receive a driver's license under Chapter 4507. of	739
the Revised Code during the period of suspension.	740

(L) The disqualifications imposed under this section are in	741
addition to any other penalty imposed by the Revised Code.	742

Sec. 4506.161. No court shall issue an order granting limited	743
driving privileges for operation of a commercial motor vehicle to	744
any person whose driver's license or commercial driver's license	745
has been suspended or who has been disqualified from operating a	746
commercial motor vehicle. In regard to an offense involving the	747
operation of a commercial motor vehicle, no court shall modify any	748
record, or consent to the modification of any record, if the	749
resulting record would no longer reflect the operation of a	750
commercial motor vehicle, unless a determination of the facts	751
indicates that the person was not operating a commercial motor	752
vehicle at the time of the offense.	753

Sec. 4506.17.  (A) Any person who holds a commercial driver's	754
license or operates a commercial motor vehicle requiring a	755
commercial driver's license within this state shall be deemed to	756
have given consent to a test or tests of the person's whole blood,	757
blood serum or plasma, breath, or urine for the purpose of	758
determining the person's alcohol concentration or the presence of	759
any controlled substance or a metabolite of a controlled	760
substance.	761

(B) A test or tests as provided in division (A) of this	762
section may be administered at the direction of a peace officer	763
having reasonable ground to stop or detain the person and, after	764
investigating the circumstances surrounding the operation of the	765
commercial motor vehicle, also having reasonable ground to believe	766
the person was driving the commercial vehicle while having a	767
measurable or detectable amount of alcohol or of a controlled	768
substance or a metabolite of a controlled substance in the	769
person's whole blood, blood serum or plasma, breath, or urine. Any	770
such test shall be given within two hours of the time of the	771
alleged violation.	772

(C) A person requested to submit to a test under division (A)	773
of this section shall be advised by the peace officer requesting	774
the test that a refusal to submit to the test will result in the	775
person immediately being placed out-of-service for a period of	776
twenty-four hours and being disqualified from operating a	777
commercial motor vehicle for a period of not less than one year,	778
and that the person is required to surrender the person's	779
commercial driver's license to the peace officer.	780

(D) If a person refuses to submit to a test after being	781
warned as provided in division (C) of this section or submits to a	782
test that discloses the presence of an amount of alcohol or a	783
controlled substance prohibited by divisions (A)(1) to (5) of	784
section 4506.15 of the Revised Code or a metabolite of a	785
controlled substance, an alcohol concentration of four-hundredths	786
of one per cent or more by whole blood or breath, an alcohol	787
concentration of forty-eight-thousandths of one per cent or more	788
by blood serum or blood plasma, or an alcohol concentration of	789
fifty-six-thousandths of one per cent or more by urine, the	790
person immediately shall surrender the person's commercial	791
driver's license to the peace officer. The peace officer shall	792
forward the license, together with a sworn report, to the	793
registrar of motor vehicles certifying that the test was	794
requested pursuant to division (A) of this section and that the	795
person either refused to submit to testing or submitted to a test	796
that disclosed the presence of a controlled substance or a	797
metabolite of a controlled substance or a prohibited alcohol	798
concentrationone of the prohibited concentrations of a substance	799
listed in divisions (A)(1) to (5) of section 4506.15 of the	800
Revised Code or a metabolite of a controlled substance. The form	801
and contents of the report required by this section shall be	802
established by the registrar by rule, but shall contain the	803
advice to be read to the driver and a statement to be signed by	804
the driver acknowledging that the driver has been read the	805
advice and that the form was shown to the driver.	806

(E) Upon receipt of a sworn report from a peace officer as	807
provided in division (D) of this section, or upon receipt of	808
notification that a person has been disqualified under a similar	809
law of another state or foreign jurisdiction, the registrar shall	810
disqualify the person named in the report from driving a	811
commercial motor vehicle for the period described below:	812

(1) Upon a first incident, one year;

813

(2) Upon an incident of refusal or of a prohibited	814
concentration of alcohol, a controlled substance, or a metabolite	815
of a controlled substance after one or more previous incidents of	816
either refusal or of a prohibited concentration of alcohol, a	817
controlled substance, or a metabolite of a controlled substance,	818
the person shall be disqualified for life or such lesser period as	819
prescribed by rule by the registrar.	820

(F) A test of a person's whole blood or a person's blood	821
serum or plasma given under this section shall comply with the	822
applicable provisions of division (D) of section 4511.19 of the	823
Revised Code and any physician, registered nurse, or qualified	824
technician, chemist, or phlebotomist who withdraws whole blood or	825
blood serum or plasma from a person under this section, and any	826
hospital, first-aid station, clinic, or other facility at which	827
whole blood or blood serum or plasma is withdrawn from a person	828
pursuant to this section, is immune from criminal liability, and	829
from civil liability that is based upon a claim of assault and	830
battery or based upon any other claim of malpractice, for any act	831
performed in withdrawing whole blood or blood serum or plasma from	832
the person.	833

(G) When a person submits to a test under this section, the	834
results of the test, at the person's request, shall be made	835
available to the person, the person's attorney, or the person's	836
agent, immediately upon completion of the chemical test analysis.	837
The person also may have an additional test administered by a	838
physician, a registered nurse, or a qualified technician, chemist,	839
or phlebotomist of the person's own choosing as provided in	840
division (D) of section 4511.19 of the Revised Code for tests	841
administered under that section, and the failure to obtain such a	842
test has the same effect as in that division.	843

(H) No person shall refuse to immediately surrender the	844
person's commercial driver's license to a peace officer when	845
required to do so by this section.	846

(I) A peace officer issuing an out-of-service order or	847
receiving a commercial driver's license surrendered under this	848
section may remove or arrange for the removal of any commercial	849
motor vehicle affected by the issuance of that order or the	850
surrender of that license.	851

(J)(1) Except for civil actions arising out of the operation	852
of a motor vehicle and civil actions in which the state is a	853
plaintiff, no peace officer of any law enforcement agency within	854
this state is liable in compensatory damages in any civil action	855
that arises under the Revised Code or common law of this state for	856
an injury, death, or loss to person or property caused in the	857
performance of official duties under this section and rules	858
adopted under this section, unless the officer's actions were	859
manifestly outside the scope of the officer's employment or	860
official responsibilities, or unless the officer acted with	861
malicious purpose, in bad faith, or in a wanton or reckless	862
manner.	863

(2) Except for civil actions that arise out of the operation	864
of a motor vehicle and civil actions in which the state is a	865
plaintiff, no peace officer of any law enforcement agency within	866
this state is liable in punitive or exemplary damages in any civil	867
action that arises under the Revised Code or common law of this	868
state for any injury, death, or loss to person or property caused	869
in the performance of official duties under this section of the	870
Revised Code and rules adopted under this section, unless the	871
officer's actions were manifestly outside the scope of the	872
officer's employment or official responsibilities, or unless the	873
officer acted with malicious purpose, in bad faith, or in a wanton	874
or reckless manner.	875

(K) When disqualifying a driver, the registrar shall cause	876
the records of the bureau of motor vehicles to be updated to	877
reflect the disqualification within ten days after it occurs.	878

(L) The registrar immediately shall notify a driver who is	879
subject to disqualification of the disqualification, of the length	880
of the disqualification, and that the driver may request a hearing	881
within thirty days of the mailing of the notice to show cause why	882
the driver should not be disqualified from operating a commercial	883
motor vehicle. If a request for such a hearing is not made within	884
thirty days of the mailing of the notice, the order of	885
disqualification is final. The registrar may designate hearing	886
examiners who, after affording all parties reasonable notice,	887
shall conduct a hearing to determine whether the disqualification	888
order is supported by reliable evidence. The registrar shall adopt	889
rules to implement this division.	890

(M) Any person who is disqualified from operating a	891
commercial motor vehicle under this section may apply to the	892
registrar for a driver's license to operate a motor vehicle other	893
than a commercial motor vehicle, provided the person's commercial	894
driver's license is not otherwise suspended. A person whose	895
commercial driver's license is suspended shall not apply to the	896
registrar for or receive a driver's license under Chapter 4507. of	897
the Revised Code during the period of suspension.	898

(N) Whoever violates division (H) of this section is guilty	899
of a misdemeanor of the first degree.	900

Sec. 4506.21.  Within ten days after receiving a report of	901
the conviction of any nonresident holder of a commercial driver's	902
license for a violation of a state law or local ordinance or	903
resolution relating to traffic control, other than parking	904
violations, committed in a commercial motor vehicle, the registrar	905
of motor vehicles shall notify the driver licensing authority in	906
the statejurisdiction in which the person resides and the driver	907
licensing authority that issued the nonresident's commercial	908
driver's license of the conviction, if different from the state	909
of residence.	910

Sec. 4510.03.  (A) Every county court judge, mayor of a	911
mayor's court, and clerk of a court of record shall keep a full	912
record of every case in which a person is charged with any	913
violation of any provision of sections 4511.01 to 4511.771 or	914
4513.01 to 4513.36 of the Revised Code or of any other law or	915
ordinance regulating the operation of vehicles, streetcars, and	916
trackless trolleys on highways or streets.	917

(B) If a person is convicted of or forfeits bail in relation	918
to a violation of any section listed in division (A) of this	919
section or a violation of any other law or ordinance regulating	920
the operation of vehicles, streetcars, and trackless trolleys on	921
highways or streets, the county court judge, mayor of a mayor's	922
court, or clerk, within tenseven days after the conviction or	923
bail forfeiture, shall prepare and immediately forward to the	924
bureau of motor vehicles an abstract, certified by the preparer to	925
be true and correct, of the court record covering the case in	926
which the person was convicted or forfeited bail. Every court of	927
record also shall forward to the bureau of motor vehicles an	928
abstract of the court record as described in division (C) of this	929
section upon the conviction of any person of aggravated vehicular	930
homicide or vehicular homicide or of a felony in the commission of	931
which a vehicle was used.	932

(C) Each abstract required by this section shall be made upon	933
a form approved and furnished by the bureau and shall include the	934
name and address of the person charged, the number of the person's	935
driver's or commercial driver's license, probationary driver's	936
license, or temporary instruction permit, the registration number	937
of the vehicle involved, the nature of the offense, the date of	938
the offense, the date of hearing, the plea, the judgment, or	939
whether bail was forfeited, and the amount of the fine or	940
forfeiture.	941

Sec. 4510.036.  (A) The bureau of motor vehicles shall record	942
within ten days, after receipt,of conviction or bail forfeiture	943
and shall keep at its main office, all abstracts received under	944
this section or section 4510.03, 4510.031, 4510.032, or 4510.034	945
of the Revised Code and shall maintain records of convictions and	946
bond forfeitures for any violation of a state law or a municipal	947
ordinance regulating the operation of vehicles, streetcars, and	948
trackless trolleys on highways and streets, except a violation	949
related to parking a motor vehicle.	950

(B) Every court of record or mayor's court before which a	951
person is charged with a violation for which points are chargeable	952
by this section shall assess and transcribe to the abstract of	953
conviction that is furnished by the bureau to the court the number	954
of points chargeable by this section in the correct space assigned	955
on the reporting form. A United States district court that has	956
jurisdiction within this state and before which a person is	957
charged with a violation for which points are chargeable by this	958
section may assess and transcribe to the abstract of conviction	959
report that is furnished by the bureau the number of points	960
chargeable by this section in the correct space assigned on the	961
reporting form. If the federal court so assesses and transcribes	962
the points chargeable for the offense and furnishes the report to	963
the bureau, the bureau shall record the points in the same manner	964
as those assessed and transcribed by a court of record or mayor's	965
court.	966

(C) A court shall assess the following points for an offense	967
based on the following formula:	968

(1) Aggravated vehicular homicide, vehicular homicide,	969
vehicular manslaughter, aggravated vehicular assault, or vehicular	970
assault when the offense involves the operation of a vehicle,	971
streetcar, or trackless trolley on a highway or street ..........	972
6 points	973

(2) A violation of section 2921.331 of the Revised Code or	974
any ordinance prohibiting the willful fleeing or eluding of a law	975
enforcement officer .......... 6 points	976

(3) A violation of section 4549.02 or 4549.021 of the Revised	977
Code or any ordinance requiring the driver of a vehicle to stop	978
and disclose identity at the scene of an accident .......... 6	979
points	980

(4) A violation of section 4511.251 of the Revised Code or	981
any ordinance prohibiting street racing .......... 6 points	982

(5) A violation of section 4510.11, 4510.14, 4510.16, or	983
4510.21 of the Revised Code or any ordinance prohibiting the	984
operation of a motor vehicle while the driver's or commercial	985
driver's license is under suspension .......... 6 points	986

(6) A violation of division (A) of section 4511.19 of the	987
Revised Code, any ordinance prohibiting the operation of a vehicle	988
while under the influence of alcohol, a drug of abuse, or a	989
combination of them, or any ordinance substantially equivalent to	990
division (A) of section 4511.19 of the Revised Code prohibiting	991
the operation of a vehicle with a prohibited concentration of	992
alcohol, a controlled substance, or a metabolite of a controlled	993
substance in the whole blood, blood serum or plasma, breath, or	994
urine .......... 6 points	995

(7) A violation of section 2913.03 of the Revised Code that	996
does not involve an aircraft or motorboat or any ordinance	997
prohibiting the operation of a vehicle without the consent of the	998
owner .......... 6 points	999

(8) Any offense under the motor vehicle laws of this state	1000
that is a felony, or any other felony in the commission of which a	1001
motor vehicle was used .......... 6 points	1002

(9) A violation of division (B) of section 4511.19 of the	1003
Revised Code or any ordinance substantially equivalent to that	1004
division prohibiting the operation of a vehicle with a prohibited	1005
concentration of alcohol in the whole blood, blood serum or	1006
plasma, breath, or urine .......... 4 points	1007

(10) A violation of section 4511.20 of the Revised Code or	1008
any ordinance prohibiting the operation of a motor vehicle in	1009
willful or wanton disregard of the safety of persons or property	1010
.......... 4 points	1011

(11) A violation of any law or ordinance pertaining to speed:

1012

(a) Notwithstanding divisions (C)(11)(b) and (c) of this	1013
section, when the speed exceeds the lawful speed limit by thirty	1014
miles per hour or more .......... 4 points	1015

(b) When the speed exceeds the lawful speed limit of	1016
fifty-five miles per hour or more by more than ten miles per hour	1017
.......... 2 points	1018

(c) When the speed exceeds the lawful speed limit of less	1019
than fifty-five miles per hour by more than five miles per hour	1020
.......... 2 points	1021

(d) When the speed does not exceed the amounts set forth in	1022
divisions (C)(11)(a), (b), or (c) of this section .......... 0	1023
points	1024

(12) Operating a motor vehicle in violation of a restriction	1025
imposed by the registrar .......... 2 points	1026

(13) All other moving violations reported under this section	1027
.......... 2 points	1028

(D) Upon receiving notification from the proper court,	1029
including a United States district court that has jurisdiction	1030
within this state, the bureau shall delete any points entered for	1031
a bond forfeiture if the driver is acquitted of the offense for	1032
which bond was posted.	1033

(E) If a person is convicted of or forfeits bail for two or	1034
more offenses arising out of the same facts and points are	1035
chargeable for each of the offenses, points shall be charged for	1036
only the conviction or bond forfeiture for which the greater	1037
number of points is chargeable, and, if the number of points	1038
chargeable for each offense is equal, only one offense shall be	1039
recorded, and points shall be charged only for that offense.	1040

Sec. 4513.37.  Every county court judge, mayor, and clerk of	1041
a court of record shall keep a full record of every case in which	1042
a person is charged with any violation of sections 4511.01 to	1043
4511.78, section 4511.99, and sections 4513.01 to 4513.37 of the	1044
Revised Code, or of any other law or ordinance regulating the	1045
operation of vehicles, streetcars, and trackless trolleys on	1046
highways.	1047

Within tenseven days after the conviction or forfeiture of	1048
bail of a person upon a charge of violating any of such sections	1049
or other law or ordinance regulating the operation of vehicles,	1050
streetcars, and trackless trolleys on highways, said judge, mayor,	1051
or clerk shall prepare and immediately forward to the department	1052
of public safety an abstract of the court record covering the case	1053
in which said person was convicted foror forfeited bail, which	1054
abstract must be certified by the person required to prepare the	1055
same to be true and correct.	1056

SaidThe abstract shall be made upon a form approved and	1057
furnished by the department and shall include the name and address	1058
of the party charged, the number of histhe party's driver's or	1059
commercial driver's license, the registration number of the	1060
vehicle involved, the nature of the offense, the date of hearing,	1061
the plea, the judgment, or whether bail forfeited, and the amount	1062
of the fine or forfeiture.	1063

Every court of record shall also forward a like report to the	1064
department upon the conviction of any person of manslaughter or	1065
other felony in the commission of which a vehicle was used.	1066

The failure, refusal, or neglect of such officer to comply	1067
with this section constitutes misconduct in office and is ground	1068
for removal therefrom.	1069

The department shall keep all abstracts received under this	1070
section at its main office.	1071

Sec. 5577.05. (A) No vehicle shall be operated upon the	1072
public highways, streets, bridges, and culverts within the state,	1073
whose dimensions exceed those specified in this section.	1074

(B) No such vehicle shall have a width in excess of:

1075

(1) One hundred four inches for passenger bus type vehicles	1076
operated exclusively within municipal corporations;	1077

(2) One hundred two inches, excluding such safety devices as	1078
are required by law, for passenger bus type vehicles operated over	1079
freeways, and such other state roads with minimum pavement widths	1080
of twenty-two feet, except those roads or portions thereofof	1081
roads over which operation of one hundred two-inch buses is	1082
prohibited by order of the director of transportation;	1083

(3) One hundred thirty-two inches for traction engines;

1084

(4) One hundred two inches for recreational vehicles,	1085
excluding safety devices and retracted awnings and other	1086
appurtenances of six inches or less in width and except that the	1087
director may prohibit the operation of one hundred two inch	1088
recreational vehicles on designated state highways or portions of	1089
highways;	1090

(5) One hundred two inches, including load, for all other	1091
vehicles, except that the director may prohibit the operation of	1092
one hundred two-inch vehicles on such state highways or portions	1093
thereofof state highways as the director designates.	1094

(C) No such vehicle shall have a length in excess of:

1095

(1) Sixty-six feet for passenger bus type vehicles and	1096
articulated passenger bus type vehicles operated by a regional	1097
transit authority pursuant to sections 306.30 to 306.54 of the	1098
Revised Code;	1099

(2) Forty-five feet for all other passenger bus type	1100
vehicles;	1101

(3) Fifty-three feet for any semitrailer when operated in a	1102
commercial tractor-semitrailer combination, with or without load,	1103
except that the director may prohibit the operation of any such	1104
commercial tractor-semitrailer combination on such state highways	1105
or portions thereofof state highways as the director designates.	1106

(4) Twenty-eight and one-half feet for any semitrailer or	1107
trailer when operated in a commercial tractor-semitrailer-trailer	1108
or commercial tractor-semitrailer-semitrailer combination, except	1109
that the director may prohibit the operation of any such	1110
commercial tractor-semitrailer-trailer or commercial	1111
tractor-semitrailer-semitrailer combination on such state highways	1112
or portions thereofof state highways as the director designates;	1113

(5)(a) Ninety-seven feet for drive-away saddlemount vehicle	1114
transporter combinations and drive-away saddlemount with fullmount	1115
vehicle transporter combinations when operated on any interstate,	1116
United States route, or state route, including reasonable access	1117
travel on all other roadways for a distance not to exceed one road	1118
mile from any interstate, United States route, or state route, not	1119
to exceed three saddlemounted vehicles, but which may include one	1120
fullmount;	1121

(b) Seventy-five feet for drive-away saddlemount vehicle	1122
transporter combinations and drive-away saddlemount with fullmount	1123
vehicle transporter combinations, when operated on any roadway not	1124
designated as an interstate, United States route, or state route,	1125
not to exceed three saddlemounted vehicles, but which may include	1126
one fullmount;	1127

(6) Sixty-five feet for any other combination of vehicles	1128
coupled together, with or without load, except as provided in	1129
divisions (C)(3) and (4), and in division (E) of this section;	1130

(7) Forty-five feet for recreational vehicles;

1131

(8) Forty feet for all other vehicles except trailers and	1132
semitrailers, with or without load.	1133

(D) No such vehicle shall have a height in excess of thirteen	1134
feet six inches, with or without load.	1135

(E) An automobile transporter or boat transporter shall be	1136
allowed a length of sixty-five feet and a stinger-steered	1137
automobile transporter or stinger-steered boat transporter shall	1138
be allowed a length of seventy-five feet, except that the load	1139
thereon may extend no more than four feet beyond the rear of such	1140
vehicles and may extend no more than three feet beyond the front	1141
of such vehicles, and except further that the director may	1142
prohibit the operation of a stinger-steered automobile	1143
transporter, stinger-steered boat transporter, or a B-train	1144
assembly on any state highway or portion thereofof any state	1145
highway that the director designates.	1146

(F) The widths prescribed in division (B) of this section	1147
shall not include side mirrors, turn signal lamps, marker lamps,	1148
handholds for cab entry and egress, flexible fender extensions,	1149
mud flaps, splash and spray suppressant devices, and load-induced	1150
tire bulge.	1151

The width prescribed in division (B)(5) of this section shall	1152
not include automatic covering devices, tarp and tarp hardware,	1153
and tiedown assemblies, provided these safety devices do not	1154
extend more than three inches from each side of the vehicle.	1155

The lengths prescribed in divisions (C)(2) to (8) of this	1156
section shall not include safety devices, bumpers attached to the	1157
front or rear of such bus or combination, nonproperty carrying	1158
devices or components that do not extend more than twenty-four	1159
inches beyond the rear of the vehicle and are needed for loading	1160
or unloading, B-train assembly used between the first and second	1161
semitrailer of a commercial tractor-semitrailer-semitrailer	1162
combination, energy conservation devices as provided in any	1163
regulations adopted by the secretary of the United States	1164
department of transportation, or any noncargo-carrying	1165
refrigeration equipment attached to the front of trailers and	1166
semitrailers. In special cases, vehicles whose dimensions exceed	1167
those prescribed by this section may operate in accordance with	1168
rules adopted by the director.	1169

(G) This section does not apply to fire engines, fire trucks,	1170
or other vehicles or apparatus belonging to any municipal	1171
corporation or to the volunteer fire department of any municipal	1172
corporation or used by such department in the discharge of its	1173
functions. This section does not apply to vehicles and pole	1174
trailers used in the transportation of wooden and metal poles, nor	1175
to the transportation of pipes or well-drilling equipment, nor to	1176
farm machinery and equipment. The owner or operator of any	1177
vehicle, machinery, or equipment not specifically enumerated in	1178
this section but the dimensions of which exceed the dimensions	1179
provided by this section, when operating the same on the highways	1180
and streets of this state, shall comply with the rules of the	1181
director governing such movement, whichthat the director may	1182
adopt. Sections 119.01 to 119.13 of the Revised Code apply to any	1183
rules the director adopts under this section, or the amendment or	1184
rescission thereofof the rules, and any person adversely affected	1185
shall have the same right of appeal as provided in those sections.	1186

This section does not require the state, a municipal	1187
corporation, county, township, or any railroad or other private	1188
corporation to provide sufficient vertical clearance to permit the	1189
operation of such vehicle, or to make any changes in or about	1190
existing structures now crossing streets, roads, and other public	1191
thoroughfares in this state.	1192

(H) As used in this section, "recreational vehicle" has the	1193
same meaning as in section 4501.01 of the Revised Code.	1194

Section 2.  That existing sections 2935.36, 2951.041,	1195
4506.09, 4506.101, 4506.15, 4506.16, 4506.161, 4506.17, 4506.21,	1196
4510.03, 4510.036, 4513.37, and 5577.05 of the Revised Code are	1197
hereby repealed.	1198