Bill Text: OH HB62 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: That is scheduled to take effect January 1, 2017, to continue the provisions of this act on and after that effective date.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2013-02-13 - To Transportation, Public Safety and Homeland Security [HB62 Detail]
Download: Ohio-2013-HB62-Introduced.html
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Representative Dovilla
Cosponsors:
Representatives Becker, Hood, Ruhl, Thompson, Huffman, Grossman, McGregor, Scherer
| To amend section 4507.05 of the Revised Code to | 1 |
| provide that a person who holds a current, valid | 2 |
| driver's license from another state be required to | 3 |
| pass only vision screening in order to be issued a | 4 |
| driver's license, and to amend the version of | 5 |
| section 4507.05 of the Revised Code that is | 6 |
| scheduled to take effect January 1, 2017, to | 7 |
| continue the provisions of this act on and after | 8 |
| that effective date. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4507.05 of the Revised Code be | 10 |
| amended to read as follows: | 11 |
| Sec. 4507.05. (A) The registrar of motor vehicles, or a | 12 |
| deputy registrar, upon receiving an application for a temporary | 13 |
| instruction permit and a temporary instruction permit | 14 |
| identification card for a driver's license from any person who is | 15 |
| at least fifteen years six months of age, may issue such a permit | 16 |
| and identification card entitling the applicant to drive a motor | 17 |
| vehicle, other than a commercial motor vehicle, upon the highways | 18 |
| under the following conditions: | 19 |
| (1) If the permit is issued to a person who is at least | 20 |
| fifteen years six months of age, but less than sixteen years of | 21 |
| age: | 22 |
| (a) The permit and identification card are in the holder's | 23 |
| immediate possession; | 24 |
| (b) The holder is accompanied by an eligible adult who | 25 |
| actually occupies the seat beside the permit holder and does not | 26 |
| have a prohibited concentration of alcohol in the whole blood, | 27 |
| blood serum or plasma, breath, or urine as provided in division | 28 |
| (A) of section 4511.19 of the Revised Code; | 29 |
| (c) The total number of occupants of the vehicle does not | 30 |
| exceed the total number of occupant restraining devices originally | 31 |
| installed in the motor vehicle by its manufacturer, and each | 32 |
| occupant of the vehicle is wearing all of the available elements | 33 |
| of a properly adjusted occupant restraining device. | 34 |
| (2) If the permit is issued to a person who is at least | 35 |
| sixteen years of age: | 36 |
| (a) The permit and identification card are in the holder's | 37 |
| immediate possession; | 38 |
| (b) The holder is accompanied by a licensed operator who is | 39 |
| at least twenty-one years of age, is actually occupying a seat | 40 |
| beside the driver, and does not have a prohibited concentration of | 41 |
| alcohol in the whole blood, blood serum or plasma, breath, or | 42 |
| urine as provided in division (A) of section 4511.19 of the | 43 |
| Revised Code; | 44 |
| (c) The total number of occupants of the vehicle does not | 45 |
| exceed the total number of occupant restraining devices originally | 46 |
| installed in the motor vehicle by its manufacturer, and each | 47 |
| occupant of the vehicle is wearing all of the available elements | 48 |
| of a properly adjusted occupant restraining device. | 49 |
| (B) The registrar or a deputy registrar, upon receiving from | 50 |
| any person an application for a temporary instruction permit and | 51 |
| temporary instruction permit identification card to operate a | 52 |
| motorcycle or motorized bicycle, may issue such a permit and | 53 |
| identification card entitling the applicant, while having the | 54 |
| permit and identification card in the applicant's immediate | 55 |
| possession, to drive a motorcycle under the restrictions | 56 |
| prescribed in section 4511.53 of the Revised Code, or to drive a | 57 |
| motorized bicycle under restrictions determined by the registrar. | 58 |
| A temporary instruction permit and temporary instruction permit | 59 |
| identification card to operate a motorized bicycle may be issued | 60 |
| to a person fourteen or fifteen years old. | 61 |
| (C) Any permit and identification card issued under this | 62 |
| section shall be issued in the same manner as a driver's license, | 63 |
| upon a form to be furnished by the registrar. A temporary | 64 |
| instruction permit to drive a motor vehicle other than a | 65 |
| commercial motor vehicle shall be valid for a period of one year. | 66 |
| (D) Any person having in the person's possession a valid and | 67 |
| current driver's license or motorcycle operator's license or | 68 |
| endorsement issued to the person by another jurisdiction | 69 |
| recognized by this state is exempt from obtaining a temporary | 70 |
|
instruction permit for a driver's license | 71 |
| from submitting to the examination for a temporary instruction | 72 |
|
permit and the regular examination | 73 |
| license or motorcycle operator's endorsement in this state if the | 74 |
| person does all of the following: | 75 |
| (1) Submits to and passes vision screening as provided in | 76 |
| section 4507.12 of the Revised Code; | 77 |
| (2) Surrenders to the registrar or deputy registrar the | 78 |
| person's driver's license issued by the other jurisdiction; and | 79 |
| (3) Complies with all other applicable requirements for | 80 |
| issuance by this state of a driver's license, driver's license | 81 |
| with a motorcycle operator's endorsement, or restricted license to | 82 |
| operate a motorcycle. | 83 |
| If the person does not comply with all the requirements of | 84 |
| this division, the person shall submit to the regular examination | 85 |
| for obtaining a driver's license or motorcycle operator's | 86 |
| endorsement in this state in order to obtain such a license or | 87 |
| endorsement. | 88 |
| (E) The registrar may adopt rules governing the use of | 89 |
| temporary instruction permits and temporary instruction permit | 90 |
| identification cards. | 91 |
| (F)(1) No holder of a permit issued under division (A) of | 92 |
| this section shall operate a motor vehicle upon a highway or any | 93 |
| public or private property used by the public for purposes of | 94 |
| vehicular travel or parking in violation of the conditions | 95 |
| established under division (A) of this section. | 96 |
| (2) Except as provided in division (F)(2) of this section, no | 97 |
| holder of a permit that is issued under division (A) of this | 98 |
| section and that is issued on or after July 1, 1998, and who has | 99 |
| not attained the age of eighteen years, shall operate a motor | 100 |
| vehicle upon a highway or any public or private property used by | 101 |
| the public for purposes of vehicular travel or parking between the | 102 |
| hours of midnight and six a.m. | 103 |
| The holder of a permit issued under division (A) of this | 104 |
| section on or after July 1, 1998, who has not attained the age of | 105 |
| eighteen years, may operate a motor vehicle upon a highway or any | 106 |
| public or private property used by the public for purposes of | 107 |
| vehicular travel or parking between the hours of midnight and six | 108 |
| a.m. if, at the time of such operation, the holder is accompanied | 109 |
| by the holder's parent, guardian, or custodian, and the parent, | 110 |
| guardian, or custodian holds a current valid driver's or | 111 |
| commercial driver's license issued by this state, is actually | 112 |
| occupying a seat beside the permit holder, and does not have a | 113 |
| prohibited concentration of alcohol in the whole blood, blood | 114 |
| serum or plasma, breath, or urine as provided in division (A) of | 115 |
| section 4511.19 of the Revised Code. | 116 |
| (G)(1) Notwithstanding any other provision of law to the | 117 |
| contrary, no law enforcement officer shall cause the operator of a | 118 |
| motor vehicle being operated on any street or highway to stop the | 119 |
| motor vehicle for the sole purpose of determining whether each | 120 |
| occupant of the motor vehicle is wearing all of the available | 121 |
| elements of a properly adjusted occupant restraining device as | 122 |
| required by division (A) of this section, or for the sole purpose | 123 |
| of issuing a ticket, citation, or summons if the requirement in | 124 |
| that division has been or is being violated, or for causing the | 125 |
| arrest of or commencing a prosecution of a person for a violation | 126 |
| of that requirement. | 127 |
| (2) Notwithstanding any other provision of law to the | 128 |
| contrary, no law enforcement officer shall cause the operator of a | 129 |
| motor vehicle being operated on any street or highway to stop the | 130 |
| motor vehicle for the sole purpose of determining whether a | 131 |
| violation of division (F)(2) of this section has been or is being | 132 |
| committed or for the sole purpose of issuing a ticket, citation, | 133 |
| or summons for such a violation or for causing the arrest of or | 134 |
| commencing a prosecution of a person for such violation. | 135 |
| (H) As used in this section: | 136 |
| (1) "Eligible adult" means any of the following: | 137 |
| (a) An instructor of a driver training course approved by the | 138 |
| department of public safety; | 139 |
| (b) Any of the following persons who holds a current valid | 140 |
| driver's or commercial driver's license issued by this state: | 141 |
| (i) A parent, guardian, or custodian of the permit holder; | 142 |
| (ii) A person twenty-one years of age or older who acts in | 143 |
| loco parentis of the permit holder. | 144 |
| (2) "Occupant restraining device" has the same meaning as in | 145 |
| section 4513.263 of the Revised Code. | 146 |
| (I) Whoever violates division (F)(1) or (2) of this section | 147 |
| is guilty of a minor misdemeanor. | 148 |
| Section 2. That existing section 4507.05 of the Revised Code | 149 |
| is hereby repealed. | 150 |
| Section 3. That the version of section 4507.05 of the Revised | 151 |
| Code that is scheduled to take effect January 1, 2017, be amended | 152 |
| to read as follows: | 153 |
| Sec. 4507.05. (A) The registrar of motor vehicles, or a | 154 |
| deputy registrar, upon receiving an application for a temporary | 155 |
| instruction permit and a temporary instruction permit | 156 |
| identification card for a driver's license from any person who is | 157 |
| at least fifteen years six months of age, may issue such a permit | 158 |
| and identification card entitling the applicant to drive a motor | 159 |
| vehicle, other than a commercial motor vehicle, upon the highways | 160 |
| under the following conditions: | 161 |
| (1) If the permit is issued to a person who is at least | 162 |
| fifteen years six months of age, but less than sixteen years of | 163 |
| age: | 164 |
| (a) The permit and identification card are in the holder's | 165 |
| immediate possession; | 166 |
| (b) The holder is accompanied by an eligible adult who | 167 |
| actually occupies the seat beside the permit holder and does not | 168 |
| have a prohibited concentration of alcohol in the whole blood, | 169 |
| blood serum or plasma, breath, or urine as provided in division | 170 |
| (A) of section 4511.19 of the Revised Code; | 171 |
| (c) The total number of occupants of the vehicle does not | 172 |
| exceed the total number of occupant restraining devices originally | 173 |
| installed in the motor vehicle by its manufacturer, and each | 174 |
| occupant of the vehicle is wearing all of the available elements | 175 |
| of a properly adjusted occupant restraining device. | 176 |
| (2) If the permit is issued to a person who is at least | 177 |
| sixteen years of age: | 178 |
| (a) The permit and identification card are in the holder's | 179 |
| immediate possession; | 180 |
| (b) The holder is accompanied by a licensed operator who is | 181 |
| at least twenty-one years of age, is actually occupying a seat | 182 |
| beside the driver, and does not have a prohibited concentration of | 183 |
| alcohol in the whole blood, blood serum or plasma, breath, or | 184 |
| urine as provided in division (A) of section 4511.19 of the | 185 |
| Revised Code; | 186 |
| (c) The total number of occupants of the vehicle does not | 187 |
| exceed the total number of occupant restraining devices originally | 188 |
| installed in the motor vehicle by its manufacturer, and each | 189 |
| occupant of the vehicle is wearing all of the available elements | 190 |
| of a properly adjusted occupant restraining device. | 191 |
| (B) The registrar or a deputy registrar, upon receiving from | 192 |
| any person an application for a temporary instruction permit and | 193 |
| temporary instruction permit identification card to operate a | 194 |
| motorcycle, motor-driven cycle or motor scooter, or motorized | 195 |
| bicycle, may issue such a permit and identification card entitling | 196 |
| the applicant, while having the permit and identification card in | 197 |
| the applicant's immediate possession, to drive a motorcycle or | 198 |
| motor-driven cycle or motor scooter, under the restrictions | 199 |
| prescribed in section 4511.53 of the Revised Code, or to drive a | 200 |
| motorized bicycle under restrictions determined by the registrar. | 201 |
| A temporary instruction permit and temporary instruction permit | 202 |
| identification card to operate a motorized bicycle may be issued | 203 |
| to a person fourteen or fifteen years old. | 204 |
| (C) Any permit and identification card issued under this | 205 |
| section shall be issued in the same manner as a driver's license, | 206 |
| upon a form to be furnished by the registrar. A temporary | 207 |
| instruction permit to drive a motor vehicle other than a | 208 |
| commercial motor vehicle shall be valid for a period of one year. | 209 |
| (D) Any person having in the person's possession a valid and | 210 |
| current driver's license or motorcycle operator's license or | 211 |
| endorsement issued to the person by another jurisdiction | 212 |
| recognized by this state is exempt from obtaining a temporary | 213 |
|
instruction permit for a driver's license | 214 |
| from submitting to the examination for a temporary instruction | 215 |
|
permit and the regular examination | 216 |
| license or motorcycle operator's endorsement in this state if the | 217 |
| person does all of the following: | 218 |
| (1) Submits to and passes vision screening as provided in | 219 |
| section 4507.12 of the Revised Code; | 220 |
| (2) Surrenders to the registrar or deputy registrar the | 221 |
| person's driver's license issued by the other jurisdiction; and | 222 |
| (3) Complies with all other applicable requirements for | 223 |
| issuance by this state of a driver's license, driver's license | 224 |
| with a motorcycle operator's endorsement, or restricted license to | 225 |
| operate a motorcycle. | 226 |
| If the person does not comply with all the requirements of | 227 |
| this division, the person shall submit to the regular examination | 228 |
| for obtaining a driver's license or motorcycle operator's | 229 |
| endorsement in this state in order to obtain such a license or | 230 |
| endorsement. | 231 |
| (E) The registrar may adopt rules governing the use of | 232 |
| temporary instruction permits and temporary instruction permit | 233 |
| identification cards. | 234 |
| (F)(1) No holder of a permit issued under division (A) of | 235 |
| this section shall operate a motor vehicle upon a highway or any | 236 |
| public or private property used by the public for purposes of | 237 |
| vehicular travel or parking in violation of the conditions | 238 |
| established under division (A) of this section. | 239 |
| (2) Except as provided in division (F)(2) of this section, no | 240 |
| holder of a permit that is issued under division (A) of this | 241 |
| section and that is issued on or after July 1, 1998, and who has | 242 |
| not attained the age of eighteen years, shall operate a motor | 243 |
| vehicle upon a highway or any public or private property used by | 244 |
| the public for purposes of vehicular travel or parking between the | 245 |
| hours of midnight and six a.m. | 246 |
| The holder of a permit issued under division (A) of this | 247 |
| section on or after July 1, 1998, who has not attained the age of | 248 |
| eighteen years, may operate a motor vehicle upon a highway or any | 249 |
| public or private property used by the public for purposes of | 250 |
| vehicular travel or parking between the hours of midnight and six | 251 |
| a.m. if, at the time of such operation, the holder is accompanied | 252 |
| by the holder's parent, guardian, or custodian, and the parent, | 253 |
| guardian, or custodian holds a current valid driver's or | 254 |
| commercial driver's license issued by this state, is actually | 255 |
| occupying a seat beside the permit holder, and does not have a | 256 |
| prohibited concentration of alcohol in the whole blood, blood | 257 |
| serum or plasma, breath, or urine as provided in division (A) of | 258 |
| section 4511.19 of the Revised Code. | 259 |
| (G)(1) Notwithstanding any other provision of law to the | 260 |
| contrary, no law enforcement officer shall cause the operator of a | 261 |
| motor vehicle being operated on any street or highway to stop the | 262 |
| motor vehicle for the sole purpose of determining whether each | 263 |
| occupant of the motor vehicle is wearing all of the available | 264 |
| elements of a properly adjusted occupant restraining device as | 265 |
| required by division (A) of this section, or for the sole purpose | 266 |
| of issuing a ticket, citation, or summons if the requirement in | 267 |
| that division has been or is being violated, or for causing the | 268 |
| arrest of or commencing a prosecution of a person for a violation | 269 |
| of that requirement. | 270 |
| (2) Notwithstanding any other provision of law to the | 271 |
| contrary, no law enforcement officer shall cause the operator of a | 272 |
| motor vehicle being operated on any street or highway to stop the | 273 |
| motor vehicle for the sole purpose of determining whether a | 274 |
| violation of division (F)(2) of this section has been or is being | 275 |
| committed or for the sole purpose of issuing a ticket, citation, | 276 |
| or summons for such a violation or for causing the arrest of or | 277 |
| commencing a prosecution of a person for such violation. | 278 |
| (H) As used in this section: | 279 |
| (1) "Eligible adult" means any of the following: | 280 |
| (a) An instructor of a driver training course approved by the | 281 |
| department of public safety; | 282 |
| (b) Any of the following persons who holds a current valid | 283 |
| driver's or commercial driver's license issued by this state: | 284 |
| (i) A parent, guardian, or custodian of the permit holder; | 285 |
| (ii) A person twenty-one years of age or older who acts in | 286 |
| loco parentis of the permit holder. | 287 |
| (2) "Occupant restraining device" has the same meaning as in | 288 |
| section 4513.263 of the Revised Code. | 289 |
| (I) Whoever violates division (F)(1) or (2) of this section | 290 |
| is guilty of a minor misdemeanor. | 291 |
| Section 4. That the existing version of section 4507.05 of | 292 |
| the Revised Code that is scheduled to take effect January 1, 2017, | 293 |
| is hereby repealed. | 294 |
| Section 5. Sections 3 and 4 of this act shall take effect | 295 |
| January 1, 2017. | 296 |
