As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 255

Senator Brown 

Cosponsors: Senators Skindell, Seitz, Kearney, Smith, Turner 

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A BILL

To amend sections 4503.20, 4509.101, 4509.102,

1

4509.103, and 4509.45 of the Revised Code to

2

permit a person to present proof of financial

3

responsibility to the Registrar of Motor Vehicles,

4

a peace officer, a traffic violations bureau, or a

5

court through use of an electronic wireless

6

communications device.

7

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

Section 1. That sections 4503.20, 4509.101, 4509.102,	8
4509.103, and 4509.45 of the Revised Code be amended to read as	9
follows:	10

Sec. 4503.20.  (A) As used in this section:

11

(1) "Dealer engaged in the business of leasing motor	12
vehicles" means any person engaged in the business of regularly	13
making available, offering to make available, or arranging for	14
another person to use a motor vehicle pursuant to a bailment,	15
lease, or other contractual arrangement.	16

(2) "Motor vehicle" has the meaning set forth in section	17
4509.01 of the Revised Code.	18

(B) An application for the registration of a motor vehicle	19
shall contain a statement, to be signed by the applicant either	20
manually or by electronic signature, that does all of the	21
following:	22

(1) States that the applicant maintains, or has maintained on	23
the applicant's behalf, proof of financial responsibility at the	24
time of application, and will not operate a motor vehicle in this	25
state, unless the applicant maintains, with respect to that motor	26
vehicle or the operation of such vehicle, proof of financial	27
responsibility;	28

(2) Contains a brief summary of the purposes and operation of	29
section 4509.101 of the Revised Code, the rights and duties of the	30
applicant under that section, and the penalties for violation of	31
that section;	32

(3) Warns the applicant that the financial responsibility law	33
does not prevent the possibility that the applicant may be	34
involved in an accident with an owner or operator of a motor	35
vehicle who is without proof of financial responsibility.	36

(C)(1) A person who purchases any motor vehicle from a	37
licensed motor vehicle dealer who agrees to make application for	38
registration of the motor vehicle on behalf of the purchaser shall	39
sign statements that comply with divisions (B) and (F) of this	40
section. The dealer shall submit the statements to the deputy	41
registrar where the dealer has agreed to make application for	42
registration on behalf of the person.	43

(2) In the case of a person who leases any motor vehicle from	44
a dealer engaged in the business of leasing motor vehicles who	45
agrees to make application for registration of the motor vehicle	46
on behalf of the lessee, the person shall sign a statement that	47
complies with division (B) of this section, and the dealer shall	48
do either of the following:	49

(a) Submit the statement signed by the person to the deputy	50
registrar where the dealer has agreed to make application for	51
registration on behalf of the person;	52

(b) Sign and submit a statement to the deputy registrar that	53
certifies that a statement has been signed and filed with the	54
dealer or incorporated into the lease.	55

The dealer shall submit to the registrar or deputy registrar	56
to whom the dealer submits the application for registration a	57
statement signed by the person that complies with division (F) of	58
this section.	59

(D) The registrar of motor vehicles shall prescribe the form	60
of the statements required under divisions (B), (C), and (F) of	61
this section, and the manner or manners in which the statements	62
required under divisions (B) and (F) of this section shall be	63
presented to the applicant. Any statement that is required under	64
divisions (B), (C), and (F) of this section shall be designed to	65
enable the applicant to retain a copy of it.	66

(E) Nothing within this section shall be construed to excuse	67
a violation of section 4509.101 of the Revised Code. A motor	68
vehicle dealer who makes application for the registration of a	69
motor vehicle on behalf of the purchaser or lessee of the motor	70
vehicle is not liable in damages in any civil action on account of	71
the act of making such application for registration or the content	72
of any such application for registration.	73

(F) In addition to the statements required by divisions (B)	74
and (C) of this section, a person who makes application for	75
registration of a motor vehicle shall be furnished with a form	76
that lists in plain language all the possible penalties to which a	77
person could be subject for a violation of the financial	78
responsibility law, including driver's license suspensions; all	79
fees, including nonvoluntary compliance and reinstatement fees;	80
and vehicle immobilization or impoundment. The person shall read	81
the form and either manually or by electronic signature sign the	82
form, which shall be submitted along with the application for	83
registration as provided in this section. The form shall be	84
retained by the registrar or deputy registrar who issues the motor	85
vehicle registration or the registrar's or deputy registrar's	86
successor for a period of two years from the date of issuance of	87
the registration.	88

(G) Upon the registration of a motor vehicle, the owner of	89
the motor vehicle is deemed to have agreed to the production of	90
proof of financial responsibility by the owner or the operator of	91
the motor vehicle, upon the request of a peace officer or state	92
highway patrol trooper made in accordance with division (E)(D)(2)	93
of section 4509.101 of the Revised Code.	94

(H) The registrar shall adopt rules governing the renewal of	95
motor vehicle registrations by electronic means and the completion	96
and submission of statements that comply with divisions (B) and	97
(F) of this section. The registrar shall adopt the rules	98
prescribed by this division in accordance with Chapter 119. of the	99
Revised Code.	100

Sec. 4509.101.  (A)(1) No person shall operate, or permit the	101
operation of, a motor vehicle in this state, unless proof of	102
financial responsibility is maintained continuously throughout the	103
registration period with respect to that vehicle, or, in the case	104
of a driver who is not the owner, with respect to that driver's	105
operation of that vehicle.	106

(2) Whoever violates division (A)(1) of this section shall be	107
subject to the following civil penalties:	108

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	109
class (F) suspension of the person's driver's license, commercial	110
driver's license, temporary instruction permit, probationary	111
license, or nonresident operating privilege for the period of time	112
specified in division (B)(6) of section 4510.02 of the Revised	113
Code and impoundment of the person's license.	114

(b) If, within five years of the violation, the person's	115
operating privileges are again suspended and the person's license	116
again is impounded for a violation of division (A)(1) of this	117
section, a class C suspension of the person's driver's license,	118
commercial driver's license, temporary instruction permit,	119
probationary license, or nonresident operating privilege for the	120
period of time specified in division (B)(3) of section 4510.02 of	121
the Revised Code. The court may grant limited driving privileges	122
to the person only if the person presents proof of financial	123
responsibility and has complied with division (A)(5) of this	124
section, and no court may grant limited driving privileges for the	125
first fifteen days of the suspension.	126

(c) If, within five years of the violation, the person's	127
operating privileges are suspended and the person's license is	128
impounded two or more times for a violation of division (A)(1) of	129
this section, a class B suspension of the person's driver's	130
license, commercial driver's license, temporary instruction	131
permit, probationary license, or nonresident operating privilege	132
for the period of time specified in division (B)(2) of section	133
4510.02 of the Revised Code. The court may grant limited driving	134
privileges to the person only if the person presents proof of	135
financial responsibility and has complied with division (A)(5) of	136
this section, except that no court may grant limited driving	137
privileges for the first thirty days of the suspension.	138

(d) In addition to the suspension of an owner's license under	139
division (A)(2)(a), (b), or (c) of this section, the suspension of	140
the rights of the owner to register the motor vehicle and the	141
impoundment of the owner's certificate of registration and license	142
plates until the owner complies with division (A)(5) of this	143
section.	144

(3) A person to whom this state has issued a certificate of	145
registration for a motor vehicle or a license to operate a motor	146
vehicle or who is determined to have operated any motor vehicle or	147
permitted the operation in this state of a motor vehicle owned by	148
the person shall be required to verify the existence of proof of	149
financial responsibility covering the operation of the motor	150
vehicle or the person's operation of the motor vehicle under any	151
of the following circumstances:	152

(a) The person or a motor vehicle owned by the person is	153
involved in a traffic accident that requires the filing of an	154
accident report under section 4509.06 of the Revised Code.	155

(b) The person receives a traffic ticket indicating that	156
proof of the maintenance of financial responsibility was not	157
produced upon the request of a peace officer or state highway	158
patrol trooper made in accordance with division (D)(2) of this	159
section.	160

(c) Whenever, in accordance with rules adopted by the	161
registrar, the person is randomly selected by the registrar and	162
requested to provide such verification.	163

(4) An order of the registrar that suspends and impounds a	164
license or registration, or both, shall state the date on or	165
before which the person is required to surrender the person's	166
license or certificate of registration and license plates. The	167
person is deemed to have surrendered the license or certificate of	168
registration and license plates, in compliance with the order, if	169
the person does either of the following:	170

(a) On or before the date specified in the order, personally	171
delivers the license or certificate of registration and license	172
plates, or causes the delivery of the items, to the registrar;	173

(b) Mails the license or certificate of registration and	174
license plates to the registrar in an envelope or container	175
bearing a postmark showing a date no later than the date specified	176
in the order.	177

(5) Except as provided in division (A)(6) or (L) of this	178
section, the registrar shall not restore any operating privileges	179
or registration rights suspended under this section, return any	180
license, certificate of registration, or license plates impounded	181
under this section, or reissue license plates under section	182
4503.232 of the Revised Code, if the registrar destroyed the	183
impounded license plates under that section, or reissue a license	184
under section 4510.52 of the Revised Code, if the registrar	185
destroyed the suspended license under that section, unless the	186
rights are not subject to suspension or revocation under any other	187
law and unless the person, in addition to complying with all other	188
conditions required by law for reinstatement of the operating	189
privileges or registration rights, complies with all of the	190
following:	191

(a) Pays to the registrar or an eligible deputy registrar a	192
financial responsibility reinstatement fee of one hundred dollars	193
for the first violation of division (A)(1) of this section, three	194
hundred dollars for a second violation of that division, and six	195
hundred dollars for a third or subsequent violation of that	196
division;	197

(b) If the person has not voluntarily surrendered the	198
license, certificate, or license plates in compliance with the	199
order, pays to the registrar or an eligible deputy registrar a	200
financial responsibility nonvoluntary compliance fee in an amount,	201
not to exceed fifty dollars, determined by the registrar;	202

(c) Files and continuously maintains proof of financial	203
responsibility under sections 4509.44 to 4509.65 of the Revised	204
Code;	205

(d) Pays a deputy registrar a service fee of ten dollars to	206
compensate the deputy registrar for services performed under this	207
section. The deputy registrar shall retain eight dollars of the	208
service fee and shall transmit the reinstatement fee, any	209
nonvoluntary compliance fee, and two dollars of the service fee to	210
the registrar in the manner the registrar shall determine.	211

(6) If the registrar issues an order under division (A)(2) of	212
this section resulting from the failure of a person to respond to	213
a financial responsibility random verification request under	214
division (A)(3)(c) of this section and the person successfully	215
maintains an affirmative defense to a violation of section 4510.16	216
of the Revised Code or is determined by the registrar or a deputy	217
registrar to have been in compliance with division (A)(1) of this	218
section at the time of the initial financial responsibility random	219
verification request, the registrar shall do both of the	220
following:	221

(a) Terminate the order of suspension or impoundment;

222

(b) Restore the operating privileges and registration rights	223
of the person without payment of the fees established in divisions	224
(A)(5)(a) and (b) of this section and without a requirement to	225
file proof of financial responsibility.	226

(B)(1) Every party required to file an accident report under	227
section 4509.06 of the Revised Code also shall include with the	228
report a document described in division (G)(1)(a) of this section	229
or shall present proof of financial responsibility through use of	230
an electronic wireless communications device as permitted by	231
division (G)(1)(b) of this section.	232

If the registrar determines, within forty-five days after the	233
report is filed, that an operator or owner has violated division	234
(A)(1) of this section, the registrar shall do all of the	235
following:	236

(a) Order the impoundment, with respect to the motor vehicle	237
involved, required under division (A)(2)(d) of this section, of	238
the certificate of registration and license plates of any owner	239
who has violated division (A)(1) of this section;	240

(b) Order the suspension required under division (A)(2)(a),	241
(b), or (c) of this section of the license of any operator or	242
owner who has violated division (A)(1) of this section;	243

(c) Record the name and address of the person whose	244
certificate of registration and license plates have been impounded	245
or are under an order of impoundment, or whose license has been	246
suspended or is under an order of suspension; the serial number of	247
the person's license; the serial numbers of the person's	248
certificate of registration and license plates; and the person's	249
social security account number, if assigned, or, where the motor	250
vehicle is used for hire or principally in connection with any	251
established business, the person's federal taxpayer identification	252
number. The information shall be recorded in such a manner that it	253
becomes a part of the person's permanent record, and assists the	254
registrar in monitoring compliance with the orders of suspension	255
or impoundment.	256

(d) Send written notification to every person to whom the	257
order pertains, at the person's last known address as shown on the	258
records of the bureau. The person, within ten days after the date	259
of the mailing of the notification, shall surrender to the	260
registrar, in a manner set forth in division (A)(4) of this	261
section, any certificate of registration and registration plates	262
under an order of impoundment, or any license under an order of	263
suspension.	264

(2) The registrar shall issue any order under division (B)(1)	265
of this section without a hearing. Any person adversely affected	266
by the order, within ten days after the issuance of the order, may	267
request an administrative hearing before the registrar, who shall	268
provide the person with an opportunity for a hearing in accordance	269
with this paragraph. A request for a hearing does not operate as a	270
suspension of the order. The scope of the hearing shall be limited	271
to whether the person in fact demonstrated to the registrar proof	272
of financial responsibility in accordance with this section. The	273
registrar shall determine the date, time, and place of any	274
hearing, provided that the hearing shall be held, and an order	275
issued or findings made, within thirty days after the registrar	276
receives a request for a hearing. If requested by the person in	277
writing, the registrar may designate as the place of hearing the	278
county seat of the county in which the person resides or a place	279
within fifty miles of the person's residence. The person shall pay	280
the cost of the hearing before the registrar, if the registrar's	281
order of suspension or impoundment is upheld.	282

(C) Any order of suspension or impoundment issued under this	283
section or division (B) of section 4509.37 of the Revised Code may	284
be terminated at any time if the registrar determines upon a	285
showing of proof of financial responsibility that the operator or	286
owner of the motor vehicle was in compliance with division (A)(1)	287
of this section at the time of the traffic offense, motor vehicle	288
inspection, or accident that resulted in the order against the	289
person. A determination may be made without a hearing. This	290
division does not apply unless the person shows good cause for the	291
person's failure to present satisfactory proof of financial	292
responsibility to the registrar prior to the issuance of the	293
order.	294

(D)(1) For the purpose of enforcing this section, every peace	295
officer is deemed an agent of the registrar.	296

(a) Except as provided in division (D)(1)(b) of this section,	297
any peace officer who, in the performance of the peace officer's	298
duties as authorized by law, becomes aware of a person whose	299
license is under an order of suspension, or whose certificate of	300
registration and license plates are under an order of impoundment,	301
pursuant to this section, may confiscate the license, certificate	302
of registration, and license plates, and return them to the	303
registrar.	304

(b) Any peace officer who, in the performance of the peace	305
officer's duties as authorized by law, becomes aware of a person	306
whose license is under an order of suspension, or whose	307
certificate of registration and license plates are under an order	308
of impoundment resulting from failure to respond to a financial	309
responsibility random verification, shall not, for that reason,	310
arrest the owner or operator or seize the vehicle or license	311
plates. Instead, the peace officer shall issue a citation for a	312
violation of section 4510.16 of the Revised Code specifying the	313
circumstances as failure to respond to a financial responsibility	314
random verification.	315

(2) A peace officer shall request the owner or operator of a	316
motor vehicle to produce proof of financial responsibility in a	317
manner described in division (G) of this section at the time the	318
peace officer acts to enforce the traffic laws of this state and	319
during motor vehicle inspections conducted pursuant to section	320
4513.02 of the Revised Code.	321

(3) A peace officer shall indicate on every traffic ticket	322
whether the person receiving the traffic ticket produced proof of	323
the maintenance of financial responsibility in response to the	324
officer's request under division (D)(2) of this section. The peace	325
officer shall inform every person who receives a traffic ticket	326
and who has failed to produce proof of the maintenance of	327
financial responsibility that the person must submit proof to the	328
traffic violations bureau with any payment of a fine and costs for	329
the ticketed violation or, if the person is to appear in court for	330
the violation, the person must submit proof to the court.	331

(4)(a) If a person who has failed to produce proof of the	332
maintenance of financial responsibility appears in court for a	333
ticketed violation, the court may permit the defendant to present	334
evidence of proof of financial responsibility to the court at such	335
time and in such manner as the court determines to be necessary or	336
appropriate. In a manner prescribed by the registrar, the clerk of	337
courts shall provide the registrar with the identity of any person	338
who fails to submit proof of the maintenance of financial	339
responsibility pursuant to division (D)(3) of this section.	340

(b) If a person who has failed to produce proof of the	341
maintenance of financial responsibility also fails to submit that	342
proof to the traffic violations bureau with payment of a fine and	343
costs for the ticketed violation, the traffic violations bureau,	344
in a manner prescribed by the registrar, shall notify the	345
registrar of the identity of that person.	346

(5)(a) Upon receiving notice from a clerk of courts or	347
traffic violations bureau pursuant to division (D)(4) of this	348
section, the registrar shall order the suspension of the license	349
of the person required under division (A)(2)(a), (b), or (c) of	350
this section and the impoundment of the person's certificate of	351
registration and license plates required under division (A)(2)(d)	352
of this section, effective thirty days after the date of the	353
mailing of notification. The registrar also shall notify the	354
person that the person must present the registrar with proof of	355
financial responsibility in accordance with this section,	356
surrender to the registrar the person's certificate of	357
registration, license plates, and license, or submit a statement	358
subject to section 2921.13 of the Revised Code that the person did	359
not operate or permit the operation of the motor vehicle at the	360
time of the offense. Notification shall be in writing and shall be	361
sent to the person at the person's last known address as shown on	362
the records of the bureau of motor vehicles. The person, within	363
fifteen days after the date of the mailing of notification, shall	364
present proof of financial responsibility, surrender the	365
certificate of registration, license plates, and license to the	366
registrar in a manner set forth in division (A)(4) of this	367
section, or submit the statement required under this section	368
together with other information the person considers appropriate.	369

If the registrar does not receive proof or the person does	370
not surrender the certificate of registration, license plates, and	371
license, in accordance with this division, the registrar shall	372
permit the order for the suspension of the license of the person	373
and the impoundment of the person's certificate of registration	374
and license plates to take effect.	375

(b) In the case of a person who presents, within the	376
fifteen-day period, documents to show proof of financial	377
responsibility, the registrar shall terminate the order of	378
suspension and the impoundment of the registration and license	379
plates required under division (A)(2)(d) of this section and shall	380
send written notification to the person, at the person's last	381
known address as shown on the records of the bureau.	382

(c) Any person adversely affected by the order of the	383
registrar under division (D)(5)(a) or (b) of this section, within	384
ten days after the issuance of the order, may request an	385
administrative hearing before the registrar, who shall provide the	386
person with an opportunity for a hearing in accordance with this	387
paragraph. A request for a hearing does not operate as a	388
suspension of the order. The scope of the hearing shall be limited	389
to whether, at the time of the hearing, the person presents proof	390
of financial responsibility covering the vehicle and whether the	391
person is eligible for an exemption in accordance with this	392
section or any rule adopted under it. The registrar shall	393
determine the date, time, and place of any hearing; provided, that	394
the hearing shall be held, and an order issued or findings made,	395
within thirty days after the registrar receives a request for a	396
hearing. If requested by the person in writing, the registrar may	397
designate as the place of hearing the county seat of the county in	398
which the person resides or a place within fifty miles of the	399
person's residence. Such person shall pay the cost of the hearing	400
before the registrar, if the registrar's order of suspension or	401
impoundment under division (D)(5)(a) or (b) of this section is	402
upheld.	403

(6) A peace officer may charge an owner or operator of a	404
motor vehicle with a violation of section 4510.16 of the Revised	405
Code when the owner or operator fails to show proof of the	406
maintenance of financial responsibility pursuant to a peace	407
officer's request under division (D)(2) of this section, if a	408
check of the owner or operator's driving record indicates that the	409
owner or operator, at the time of the operation of the motor	410
vehicle, is required to file and maintain proof of financial	411
responsibility under section 4509.45 of the Revised Code for a	412
previous violation of this chapter.	413

(7) Any forms used by law enforcement agencies in	414
administering this section shall be prescribed, supplied, and paid	415
for by the registrar.	416

(8) No peace officer, law enforcement agency employing a	417
peace officer, or political subdivision or governmental agency	418
that employs a peace officer shall be liable in a civil action for	419
damages or loss to persons arising out of the performance of any	420
duty required or authorized by this section.	421

(9) As used in this division and divisions (E) and (G) of	422
this section, "peace officer" has the meaning set forth in section	423
2935.01 of the Revised Code.	424

(E) All fees, except court costs, fees paid to a deputy	425
registrar, and those portions of the financial responsibility	426
reinstatement fees as otherwise specified in this division,	427
collected under this section shall be paid into the state treasury	428
to the credit of the financial responsibility compliance fund. The	429
financial responsibility compliance fund shall be used exclusively	430
to cover costs incurred by the bureau in the administration of	431
this section and sections 4503.20, 4507.212, and 4509.81 of the	432
Revised Code, and by any law enforcement agency employing any	433
peace officer who returns any license, certificate of	434
registration, and license plates to the registrar pursuant to	435
division (C) of this section, except that the director of budget	436
and management may transfer excess money from the financial	437
responsibility compliance fund to the state bureau of motor	438
vehicles fund if the registrar determines that the amount of money	439
in the financial responsibility compliance fund exceeds the amount	440
required to cover such costs incurred by the bureau or a law	441
enforcement agency and requests the director to make the transfer.	442

Of each financial responsibility reinstatement fee the	443
registrar collects pursuant to division (A)(5)(a) of this section	444
or receives from a deputy registrar under division (A)(5)(d) of	445
this section, the registrar shall deposit twenty-five dollars of	446
each one-hundred-dollar reinstatement fee, fifty dollars of each	447
three-hundred-dollar reinstatement fee, and one hundred dollars of	448
each six-hundred-dollar reinstatement fee into the state treasury	449
to the credit of the indigent defense support fund created by	450
section 120.08 of the Revised Code.	451

All investment earnings of the financial responsibility	452
compliance fund shall be credited to the fund.	453

(F) Chapter 119. of the Revised Code applies to this section	454
only to the extent that any provision in that chapter is not	455
clearly inconsistent with this section.	456

(G)(1)(a) The registrar, court, traffic violations bureau, or	457
peace officer may require proof of financial responsibility to be	458
demonstrated by use of a standard form prescribed by the	459
registrar. If the use of a standard form is not required, a person	460
may demonstrate proof of financial responsibility under this	461
section by presenting to the traffic violations bureau, court,	462
registrar, or peace officer any of the following documents or a	463
copy of the documents:	464

(a)(i) A financial responsibility identification card as	465
provided in section 4509.103 of the Revised Code;	466

(b)(ii) A certificate of proof of financial responsibility on	467
a form provided and approved by the registrar for the filing of an	468
accident report required to be filed under section 4509.06 of the	469
Revised Code;	470

(c)(iii) A policy of liability insurance, a declaration page	471
of a policy of liability insurance, or liability bond, if the	472
policy or bond complies with section 4509.20 or sections 4509.49	473
to 4509.61 of the Revised Code;	474

(d)(iv) A bond or certification of the issuance of a bond as	475
provided in section 4509.59 of the Revised Code;	476

(e)(v) A certificate of deposit of money or securities as	477
provided in section 4509.62 of the Revised Code;	478

(f)(vi) A certificate of self-insurance as provided in	479
section 4509.72 of the Revised Code.	480

(b) A person also may present proof of financial	481
responsibility under this section to the traffic violations	482
bureau, court, registrar, or peace officer through use of an	483
electronic wireless communications device as specified under	484
section 4509.103 of the Revised Code.	485

(2) If a person fails to demonstrate proof of financial	486
responsibility in a manner described in division (G)(1) of this	487
section, the person may demonstrate proof of financial	488
responsibility under this section by any other method that the	489
court or the bureau, by reason of circumstances in a particular	490
case, may consider appropriate.	491

(3) A motor carrier certificated by the interstate commerce	492
commission or by the public utilities commission may demonstrate	493
proof of financial responsibility by providing a statement	494
designating the motor carrier's operating authority and averring	495
that the insurance coverage required by the certificating	496
authority is in full force and effect.	497

(4)(a) A finding by the registrar or court that a person is	498
covered by proof of financial responsibility in the form of an	499
insurance policy or surety bond is not binding upon the named	500
insurer or surety or any of its officers, employees, agents, or	501
representatives and has no legal effect except for the purpose of	502
administering this section.	503

(b) The preparation and delivery of a financial	504
responsibility identification card or any other document	505
authorized to be used as proof of financial responsibility under	506
this divisionand the generation and delivery of proof of	507
financial responsibility to an electronic wireless communications	508
device that is displayed on the device as text or images does not	509
do any of the following:	510

(i) Create any liability or estoppel against an insurer or	511
surety, or any of its officers, employees, agents, or	512
representatives;	513

(ii) Constitute an admission of the existence of, or of any	514
liability or coverage under, any policy or bond;	515

(iii) Waive any defenses or counterclaims available to an	516
insurer, surety, agent, employee, or representative in an action	517
commenced by an insured or third-party claimant upon a cause of	518
action alleged to have arisen under an insurance policy or surety	519
bond or by reason of the preparation and delivery of a document	520
for use as proof of financial responsibility or the generation and	521
delivery of proof of financial responsibility to an electronic	522
wireless communications device.	523

(c) Whenever it is determined by a final judgment in a	524
judicial proceeding that an insurer or surety, which has been	525
named on a document or displayed on an electronic wireless	526
communications device accepted by a court or the registrar as	527
proof of financial responsibility covering the operation of a	528
motor vehicle at the time of an accident or offense, is not liable	529
to pay a judgment for injuries or damages resulting from such	530
operation, the registrar, notwithstanding any previous contrary	531
finding, shall forthwith suspend the operating privileges and	532
registration rights of the person against whom the judgment was	533
rendered as provided in division (A)(2) of this section.	534

(H) In order for any document or display of text or images on	535
an electronic wireless communications device described in division	536
(G)(1)(b) of this section to be used for the demonstration of	537
proof of financial responsibility under this section, the document	538
or words or images shall state the name of the insured or obligor,	539
the name of the insurer or surety company, and the effective and	540
expiration dates of the financial responsibility, and designate by	541
explicit description or by appropriate reference all motor	542
vehicles covered which may include a reference to fleet insurance	543
coverage.	544

(I) For purposes of this section, "owner" does not include a	545
licensed motor vehicle leasing dealer as defined in section	546
4517.01 of the Revised Code, but does include a motor vehicle	547
renting dealer as defined in section 4549.65 of the Revised Code.	548
Nothing in this section or in section 4509.51 of the Revised Code	549
shall be construed to prohibit a motor vehicle renting dealer from	550
entering into a contractual agreement with a person whereby the	551
person renting the motor vehicle agrees to be solely responsible	552
for maintaining proof of financial responsibility, in accordance	553
with this section, with respect to the operation, maintenance, or	554
use of the motor vehicle during the period of the motor vehicle's	555
rental.	556

(J) The purpose of this section is to require the maintenance	557
of proof of financial responsibility with respect to the operation	558
of motor vehicles on the highways of this state, so as to minimize	559
those situations in which persons are not compensated for injuries	560
and damages sustained in motor vehicle accidents. The general	561
assembly finds that this section contains reasonable civil	562
penalties and procedures for achieving this purpose.	563

(K) Nothing in this section shall be construed to be subject	564
to section 4509.78 of the Revised Code.	565

(L)(1) The registrar may terminate any suspension imposed	566
under this section and not require the owner to comply with	567
divisions (A)(5)(a), (b), and (c) of this section if the registrar	568
with or without a hearing determines that the owner of the vehicle	569
has established by clear and convincing evidence that all of the	570
following apply:	571

(a) The owner customarily maintains proof of financial	572
responsibility.	573

(b) Proof of financial responsibility was not in effect for	574
the vehicle on the date in question for one of the following	575
reasons:	576

(i) The vehicle was inoperable.

577

(ii) The vehicle is operated only seasonally, and the date in	578
question was outside the season of operation.	579

(iii) A person other than the vehicle owner or driver was at	580
fault for the lapse of proof of financial responsibility through	581
no fault of the owner or driver.	582

(iv) The lapse of proof of financial responsibility was	583
caused by excusable neglect under circumstances that are not	584
likely to recur and do not suggest a purpose to evade the	585
requirements of this chapter.	586

(2) The registrar may grant an owner or driver relief for a	587
reason specified in division (L)(1)(b)(i) or (ii) of this section	588
whenever the owner or driver is randomly selected to verify the	589
existence of proof of financial responsibility for such a vehicle.	590
However, the registrar may grant an owner or driver relief for a	591
reason specified in division (L)(1)(b)(iii) or (iv) of this	592
section only if the owner or driver has not previously been	593
granted relief under division (L)(1)(b)(iii) or (iv) of this	594
section.	595

(M) The registrar shall adopt rules in accordance with	596
Chapter 119. of the Revised Code that are necessary to administer	597
and enforce this section. The rules shall include procedures for	598
the surrender of license plates upon failure to maintain proof of	599
financial responsibility and provisions relating to reinstatement	600
of registration rights, acceptable forms of proof of financial	601
responsibility, the use of an electronic wireless communications	602
device to present proof of financial responsibility, and	603
verification of the existence of financial responsibility during	604
the period of registration.	605

(N)(1) When a person utilizes an electronic wireless	606
communications device to present proof of financial	607
responsibility, only the evidence of financial responsibility	608
displayed on the device shall be viewed by the registrar, peace	609
officer, employee or official of the traffic violations bureau, or	610
the court. No other content of the device shall be viewed for	611
purposes of obtaining proof of financial responsibility.	612

(2) When a person provides an electronic wireless	613
communications device to the registrar, a peace officer, an	614
employee or official of a traffic violations bureau, or the court,	615
the person assumes the risk of any resulting damage to the device	616
unless the registrar, peace officer, employee, or official, or	617
court personnel purposely, knowingly, or recklessly commits an	618
action that results in damage to the device.	619

Sec. 4509.102.  No person who has knowingly failed to	620
maintain proof of financial responsibility in accordance with	621
section 4509.101 of the Revised Code shall produce any document or	622
present to a peace officer an electronic wireless communications	623
device that is displaying any text or images with the purpose to	624
mislead a peace officer upon the request of a peace officer for	625
proof of financial responsibility made in accordance with division	626
(D)(2) of section 4509.101 of the Revised Code. Any person who	627
Whoever violates this divisionsection is guilty of falsification	628
under section 2921.13 of the Revised Code.	629

Sec. 4509.103.  (A) As used in this section and sections	630
4509.101 and 4509.102 of the Revised Code, "electronic wireless	631
communications device" includes any of the following:	632

(1) A wireless telephone, including a cellular telephone;

633

(2) A personal digital assistant;

634

(3) A computer, including a laptop computer, a netbook	635
computer, and a tablet computer;	636

(4) Any other substantially similar wireless device that is	637
designed or used to communicate and displays text or images.	638

(B) Each insurer writing motor vehicle liability insurance in	639
this state shall provide financial responsibility identification	640
cards to every policyholder in this state to whom it has delivered	641
or issued for delivery a motor vehicle liability insurance policy.	642
A minimum of one financial responsibility identification card	643
shall be issued for every motor vehicle insured under a motor	644
vehicle liability insurance policy.	645

(B) A financial responsibility identification card shall be	646
valid only for the policy period. The card shall be in a form	647
prescribed by the registrar of motor vehicles. It shall disclose	648
the policy period and shall contain such other information as	649
required by the registrar.	650

(C) Each insurer writing motor vehicle liability insurance in	651
this state also shall provide to every policyholder in this state	652
to whom it has delivered or issued for delivery a motor vehicle	653
liability insurance policy the ability to utilize an electronic	654
wireless communications device to present proof of financial	655
responsibility to a traffic violations bureau, court, registrar,	656
or peace officer when required to do so by section 4509.101 of the	657
Revised Code. The text or images that are displayed on such a	658
device as the result of the generation and delivery by the insurer	659
of information and data to the device shall conform to the	660
requirements applicable to such text or images that the registrar	661
prescribes in rules adopted under section 4509.101 of the Revised	662
Code.	663

Sec. 4509.45.  (A) As used in this section, "electronic	664
wireless communications device" has the same meaning as in section	665
4509.103 of the Revised Code.	666

(B) Proof of financial responsibility when required under	667
section 4509.101, 4509.33, 4509.34, 4509.38, 4509.40, 4509.42,	668
4509.44, or 4510.038 of the Revised Code may be given by filing	669
any of the following:	670

(1) A financial responsibility identification card as	671
provided in section 4509.104 of the Revised Code;	672

(2) A certificate of insurance as provided in section 4509.46	673
or 4509.47 of the Revised Code;	674

(3) A bond as provided in section 4509.59 of the Revised	675
Code;	676

(4) A certificate of deposit of money or securities as	677
provided in section 4509.62 of the Revised Code;	678

(5) A certificate of self-insurance, as provided in section	679
4509.72 of the Revised Code, supplemented by an agreement by the	680
self-insurer that, with respect to accidents occurring while the	681
certificate is in force, the self-insurer will pay the same	682
amounts that an insurer would have been obligated to pay under an	683
owner's motor vehicle liability policy if it had issued such a	684
policy to the self-insurer.	685

(B)(C) When proof of financial responsibility is required to	686
be given under section 4509.101 of the Revised Code, such proof	687
also may be given through use of an electronic wireless	688
communications device as provided in that section.	689

(D) Proof under division (A)(B) of this section shall be	690
filed and maintained for five years from the date of the	691
registrar's imposition of a class A, B, or C suspension of	692
operating privileges and shall be filed and maintained for three	693
years from the date of the registrar's imposition of a class D, E,	694
or F suspension of operating privileges. Proof of financial	695
responsibility that is required to be filed and maintained with	696
the registrar during a period of suspension of operating	697
privileges described in this division shall not be given through	698
the use of an electronic wireless communications device.	699

Section 2.  That existing sections 4503.20, 4509.101,	700
4509.102, 4509.103, and 4509.45 of the Revised Code are hereby	701
repealed.	702