Bill Text: OH SB342 | 2013-2014 | 130th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To establish conditions for the use by local authorities of traffic law photo-monitoring devices to detect certain traffic law violations and to require the Department of Public Safety to issue a report on texting while driving citations.

Spectrum: Moderate Partisan Bill (Republican 24-7)

Status: (Passed) 2014-12-19 - Governor' Action [SB342 Detail]

Download: Ohio-2013-SB342-Comm_Sub.html

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As Reported by the House Policy and Legislative Oversight Committee

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 342

Senator Seitz 

Cosponsors: Senators Eklund, Faber, Jones, Jordan, Kearney, Patton, Schaffer, Tavares, Uecker 

Representative Blessing 

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A BILL

To amend sections 1901.20, 1907.02, and 4511.094; to

1

amend, for the purpose of adopting a new section

2

number as indicated in parentheses, section

3

4511.093 (4511.043); to enact sections 3937.411,

4

4511.095, 4511.096, 4511.097, 4511.098, 4511.099,

5

4511.0910, 4511.0911, 4511.0912, and 4511.0913; to

6

enact new sections 4511.092 and 4511.093; and to

7

repeal section 4511.092 of the Revised Code to

8

establish conditions for the use by local

9

authorities of traffic law photo-monitoring

10

devices to detect certain traffic law violations.

11

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

Section 1.  That sections 1901.20, 1907.02, and 4511.094 be	12
amended, section 4511.093 (4511.043) be amended for the purpose of	13
adopting a new section number as indicated in parentheses, and	14
sections 3937.411, 4511.095, 4511.096, 4511.097, 4511.098,	15
4511.099, 4511.0910, 4511.0911, 4511.0912, and 4511.0913 and new	16
sections 4511.092 and 4511.093 of the Revised Code be enacted to	17
read as follows:	18

Sec. 1901.20.  (A)(1) The municipal court has jurisdiction of	19
to hear misdemeanor cases committed within its territory and has	20
jurisdiction over the violation of any ordinance of any municipal	21
corporation within its territory, unless the violation is a civil	22
violation based upon evidence recorded by a traffic law	23
photo-monitoring device and issued pursuant to division (B)(3) of	24
section 4511.093 of the Revised Code or the violation is required	25
to be handled by a parking violations bureau or joint parking	26
violations bureau pursuant to Chapter 4521. of the Revised Code,	27
and of the violation of any misdemeanor committed within the	28
limits of its territory. The. However, the municipal court has	29
jurisdiction ofover the violation of a vehicle parking or	30
standing resolution or regulation if a local authority, as defined	31
in division (D) of section 4521.01 of the Revised Code, has	32
specified that it is not to be considered a criminal offense, if	33
the violation is committed within the limits of the court's	34
territory, and if the violation is not required to be handled by a	35
parking violations bureau or joint parking violations bureau	36
pursuant to Chapter 4521. of the Revised Code. The	37

The municipal court, if it has a housing or environmental	38
division, has jurisdiction ofover any criminal action over which	39
the housing or environmental division is given jurisdiction by	40
section 1901.181 of the Revised Code, provided that, except as	41
specified in division (B) of that section, no judge of the court	42
other than the judge of the division shall hear or determine any	43
action over which the division has jurisdiction. In all such	44
prosecutions and cases, the court shall proceed to a final	45
determination of the prosecution or case.	46

(2) A judge of a municipal court does not have the authority	47
to dismiss a criminal complaint, charge, information, or	48
indictment solely at the request of the complaining witness and	49
over the objection of the prosecuting attorney, village solicitor,	50
city director of law, or other chief legal officer who is	51
responsible for the prosecution of the case.	52

(B) The municipal court has jurisdiction to hear felony cases	53
committed within its territory. In all felony cases, the court may	54
conduct preliminary hearings and other necessary hearings prior to	55
the indictment of the defendant or prior to the court's finding	56
that there is probable and reasonable cause to hold or recognize	57
the defendant to appear before a court of common pleas and may	58
discharge, recognize, or commit the defendant.	59

(C)(1) A municipal court has jurisdiction ofover an appeal	60
from a judgment or default judgment entered pursuant to Chapter	61
4521. of the Revised Code, as authorized by division (D) of	62
section 4521.08 of the Revised Code. The appeal shall be placed on	63
the regular docket of the court and shall be determined by a judge	64
of the court.	65

(2) A municipal court has jurisdiction over an appeal of a	66
written decision rendered by a hearing officer under section	67
4511.099 of the Revised Code if the hearing officer that rendered	68
the decision was appointed by a local authority within the	69
jurisdiction of the court.	70

Sec. 1907.02.  (A)(1) In addition to other jurisdiction	71
granted a county court in the Revised Code, a county court has	72
jurisdiction of all misdemeanor cases. A county court has	73
jurisdiction to conduct preliminary hearings in felony cases, to	74
bind over alleged felons to the court of common pleas, and to take	75
other action in felony cases as authorized by Criminal Rule 5.	76

(2) A judge of a county court does not have the authority to	77
dismiss a criminal complaint, charge, information, or indictment	78
solely at the request of the complaining witness and over the	79
objection of the prosecuting attorney, village solicitor, city	80
director of law, or other chief legal officer who is responsible	81
for the prosecution of the case.	82

(B) A county court has jurisdiction of the violation of a	83
vehicle parking or standing ordinance, resolution, or regulation	84
if a local authority, as defined in division (D) of section	85
4521.01 of the Revised Code, has specified that it is not to be	86
considered a criminal offense, if the violation is committed	87
within the limits of the court's territory, and if the violation	88
is not required to be handled by a parking violations bureau or	89
joint parking violations bureau pursuant to Chapter 4521. of the	90
Revised Code. A county court does not have jurisdiction over	91
violations of ordinances, resolutions, or regulations that are	92
required to be handled by a parking violations bureau or joint	93
parking violations bureau pursuant to that chapter.	94

A county court also has jurisdiction of an appeal from a	95
judgment or default judgment entered pursuant to Chapter 4521. of	96
the Revised Code, as authorized by division (D) of section 4521.08	97
of the Revised Code. Any such appeal shall be placed on the	98
regular docket of the court and shall be determined by a judge of	99
the court.	100

(C) A county court has jurisdiction over an appeal of a	101
written decision rendered by a hearing officer under section	102
4511.099 of the Revised Code if the hearing officer that rendered	103
the decision was appointed by a local authority within the	104
jurisdiction of the court.	105

Sec. 3937.411. No insurer shall consider the issuance of a	106
ticket for a civil violation under section 4511.097 of the Revised	107
Code to an applicant or policyholder, or an admission or finding	108
of liability related to such a ticket, as a basis for doing either	109
of the following:	110

(A) Refusing to issue or deliver a policy of insurance upon a	111
private automobile or increasing the rate to be charged for such a	112
policy;	113

(B) Increasing the premium rate, canceling, or failing to	114
renew an existing policy of insurance upon a private automobile.	115

Sec. 4511.093.        Sec. 4511.043. (A)(1) No law enforcement officer who	116
stops the operator of a motor vehicle in the course of an	117
authorized sobriety or other motor vehicle checkpoint operation or	118
a motor vehicle safety inspection shall issue a ticket, citation,	119
or summons for a secondary traffic offense unless in the course of	120
the checkpoint operation or safety inspection the officer first	121
determines that an offense other than a secondary traffic offense	122
has occurred and either places the operator or a vehicle occupant	123
under arrest or issues a ticket, citation, or summons to the	124
operator or a vehicle occupant for an offense other than a	125
secondary offense.	126

(2) A law enforcement agency that operates a motor vehicle	127
checkpoint for an express purpose related to a secondary traffic	128
offense shall not issue a ticket, citation, or summons for any	129
secondary traffic offense at such a checkpoint, but may use such a	130
checkpoint operation to conduct a public awareness campaign and	131
distribute information.	132

(B) As used in this section, "secondary traffic offense"	133
means a violation of division (A) or (F)(2) of section 4507.05,	134
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A)	135
of section 4511.204, division (C) or (D) of section 4511.81,	136
division (A)(3) of section 4513.03, or division (B) of section	137
4513.263 of the Revised Code.	138

Sec. 4511.092.  As used in sections 4511.092 to 4511.0912 of	139
the Revised Code:	140

(A) "Designated party" means the person whom the registered	141
owner of a motor vehicle, upon receipt of a ticket based upon	142
images recorded by a traffic law photo-monitoring device that	143
indicate a traffic law violation, identifies as the person who was	144
operating the vehicle of the registered owner at the time of the	145
violation.	146

(B) "Hearing officer" means any person appointed by the	147
mayor, board of county commissioners, or board of township	148
trustees of a local authority, as applicable, to conduct	149
administrative hearings on violations recorded by traffic law	150
photo-monitoring devices, other than a person who is employed by a	151
law enforcement agency as defined in section 109.573 of the	152
Revised Code.	153

(C) "Law enforcement officer" means a sheriff, deputy	154
sheriff, marshal, deputy marshal, police officer of a police	155
department of any municipal corporation, police constable of any	156
township, or police officer of a township or joint police	157
district, who is employed on a permanent, full-time basis by the	158
law enforcement agency of a local authority that assigns such	159
person to the location of a traffic law photo-monitoring device.	160

(D) "Local authority" means a municipal corporation, county,	161
or township.	162

(E) "Motor vehicle leasing dealer" has the same meaning as in	163
section 4517.01 of the Revised Code.	164

(F) "Motor vehicle renting dealer" has the same meaning as in	165
section 4549.65 of the Revised Code.	166

(G) "Recorded images" means any of the following images	167
recorded by a traffic law photo-monitoring device that show, on at	168
least one image or on a portion of the videotape, the rear of a	169
motor vehicle and the letters and numerals on the rear license	170
plate of the vehicle:	171

(1) Two or more photographs, microphotographs, electronic	172
images, or digital images;	173

(2) Videotape.

174

(H) "Registered owner" means all of the following:

175

(1) Any person or entity identified by the bureau of motor	176
vehicles or any other state motor vehicle registration bureau,	177
department, or office as the owner of a motor vehicle;	178

(2) The lessee of a motor vehicle under a lease of six months	179
or longer;	180

(3) The renter of a motor vehicle pursuant to a written	181
rental agreement with a motor vehicle renting dealer.	182

(I) "System location" means the approach to an intersection	183
or area of roadway toward which a traffic law photo-monitoring	184
device is directed and is in operation.	185

(J) "Ticket" means any traffic ticket, citation, summons, or	186
other ticket issued in response to an alleged traffic law	187
violation detected by a traffic law photo-monitoring device, that	188
represents a civil violation.	189

(K) "Traffic law photo-monitoring device" means an electronic	190
system consisting of a photographic, video, or electronic camera	191
and a means of sensing the presence of a motor vehicle that	192
automatically produces recorded images.	193

(L) "Traffic law violation" means either of the following:

194

(1) A violation of section 4511.12 of the Revised Code based	195
on the failure to comply with section 4511.13 of the Revised Code	196
or a substantially equivalent municipal ordinance that occurs at	197
an intersection due to failure to obey a traffic control signal;	198

(2) A violation of section 4511.21 or 4511.211 of the Revised	199
Code or a substantially equivalent municipal ordinance due to	200
failure to observe the applicable speed limit.	201

Sec. 4511.093. (A) A local authority may utilize a traffic	202
law photo-monitoring device for the purpose of detecting traffic	203
law violations. If the local authority is a county or township,	204
the board of county commissioners or the board of township	205
trustees may adopt such resolutions as may be necessary to enable	206
the county or township to utilize traffic law photo-monitoring	207
devices.	208

(B) The use of a traffic law photo-monitoring device is	209
subject to the following conditions:	210

(1) A local authority shall use a traffic law	211
photo-monitoring device to detect and enforce traffic law	212
violations only if a law enforcement officer is present at the	213
location of the device at all times during the operation of the	214
device and if the local authority complies with sections 4511.094	215
and 4511.095 of the Revised Code.	216

(2) A law enforcement officer who is present at the location	217
of any traffic law photo-monitoring device and who personally	218
witnesses a traffic law violation may issue a ticket for the	219
violation. Such a ticket shall be issued in accordance with	220
section 2935.25 of the Revised Code and is not subject to sections	221
4511.096 to 4511.0910 and section 4511.912 of the Revised Code.	222

(3) If a traffic law photo-monitoring device records a	223
traffic law violation and the law enforcement officer who was	224
present at the location of the traffic law photo-monitoring device	225
does not issue a ticket as provided under division (B)(2) of this	226
section, the local authority may only issue a ticket in accordance	227
with sections 4511.096 to 4511.0912 of the Revised Code.	228

Sec. 4511.094. (A) As used in this section:

229

(1) "Local authority" means a municipal corporation, county,	230
or township.	231

(2) "Traffic law photo-monitoring device" means an electronic	232
system consisting of a photographic, video, or electronic camera	233
and a means of sensing the presence of a motor vehicle that	234
automatically produces photographs, videotape, or digital images	235
of the vehicle or its license plate.	236

(B)(1) No local authority shall use traffic law	237
photo-monitoring devices to detect or enforce any traffic law	238
violation until after it has erecteddone both of the following:	239

(1) Erected signs on every highway that is not a freeway that	240
is part of the state highway system and that enters that local	241
authority. The signs shall informinforming inbound traffic that	242
the local authority utilizes traffic law photo-monitoring devices	243
to enforce traffic laws. The;	244

(2) Beginning on the effective date of this amendment,	245
erected signs at each fixed system location informing motorists	246
that a traffic law photo-monitoring device is present at the	247
location.	248

The local authority shall erect the signs shall be erected	249
within the first three hundred feet of the boundary of the local	250
authority or, ifwithin three hundred feet of the fixed system	251
location, as applicable. If the signs cannot be located within the	252
first three hundred feet of the boundary of the local authority or	253
within three hundred feet of the fixed system location, the local	254
authority shall erect the signs as close to that distance as	255
possible, provided that if. If a particular highway enters and	256
exits the territory of a local authority multiple times, the local	257
authority shall erect the signs as required by this division	258
(A)(1) of this section at the locations in each direction of	259
travel where inbound traffic on the highway first enters the	260
territory of the local authority and is not required to erect	261
additional signs along such highway each time the highway reenters	262
the territory of the local authority. The local authority is	263
responsible for all costs associated with the erection,	264
maintenance, and replacement, if necessary, of the signs. AllThe	265
local authority shall ensure that all signs erected under this	266
division shall conform in size, color, location, and content to	267
standards contained in the manual adopted by the department of	268
transportation pursuant to section 4511.09 of the Revised Code and	269
shall remain in place for as long as the local authority utilizes	270
traffic law photo-monitoring devices to enforce any traffic law.	271
Any	272

(B) A ticket, citation, or summons issued by or on behalf of	273
the local authority for any traffic law violation based upon	274
evidence gatheredrecorded by a traffic law photo-monitoring	275
device after the effective date of this sectionis invalid under	276
the following circumstances:	277

(1) If the ticket was issued after March 12, 2009, but before	278
the signs have beenrequired under division (A)(1) of this section	279
were erected is invalid; provided that no ticket, citation, or	280
summons is invalid if the;	281

(2) If the ticket was issued after the effective date of this	282
amendment but before the signs required under division (A)(2) of	283
this section were erected.	284

However, if a local authority is in substantial compliance	285
with the requirementrequirements of this division to erect the	286
signs(A)(1) or (2) of this section, as applicable, a ticket	287
issued by the local authority under sections 4511.096 to 4511.0912	288
of the Revised Code is valid.	289

(2)(C) A local authority is deemed to be in substantial	290
compliance with the requirement of division (B)(A)(1) or (2) of	291
this section, as applicable, to erect the advisory signs if the	292
authority does both of the following:	293

(a)(1) First erects all signs as required by division	294
(B)(1)(A)(1) or (2) of this section, as applicable, and	295
subsequently maintains and replaces the signs as needed so that at	296
all times at least ninety per cent of the required signs are in	297
place and functional;	298

(b)(2) Annually documents and upon request certifies its	299
compliance with division (B)(2)(a)(C)(1) of this section.	300

(C)(D) A local authority that uses traffic law	301
photo-monitoring devices to detect or enforce any traffic law	302
violation at an intersection where traffic is controlled by	303
traffic control signals that exhibit different colored lights or	304
colored lighted arrows shall time the operation of the yellow	305
lights and yellow arrows of those traffic control signals so that	306
the steady yellow indication exceeds by one second the minimum	307
duration for yellow indicators at similar intersections as	308
established by the provisions of the manual adopted by the	309
department of transportation under section 4511.09 of the Revised	310
Code.	311

Sec. 4511.095. (A) Prior to deploying any traffic law	312
photo-monitoring device, a local authority shall do all of the	313
following:	314

(1) Conduct a safety study of intersections or locations	315
under consideration for placement of fixed traffic law	316
photo-monitoring devices. The study shall include an accounting of	317
incidents that have occurred in the designated area over the	318
previous three-year period and shall be made available to the	319
public upon request.	320

(2) Conduct a public information campaign to inform motor	321
vehicle operators about the use of traffic law photo-monitoring	322
devices at system locations prior to establishing any of those	323
locations;	324

(3) Publish at least one notice in a local newspaper of	325
general circulation that announces the local authority's intent to	326
utilize traffic law photo-monitoring devices, the locations of	327
those devices, if known, and the date on which the first traffic	328
law photo-monitoring device will be operational;	329

(4) Refrain from levying any civil fines on any person found	330
to have committed a traffic law violation based upon evidence	331
gathered by a fixed location traffic law photo-monitoring device	332
until the local authority observes a public awareness warning	333
period of not less than thirty days prior to the first issuance of	334
any ticket based upon images recorded by the device. During the	335
warning period, the local authority shall take reasonable measures	336
to inform the public of the location of the device and the date on	337
which tickets will be issued for traffic law violations based upon	338
evidence gathered by the device. A warning notice may be sent to	339
violators during the public awareness warning period.	340

(B)(1) A local authority that deploys its first traffic law	341
photo-monitoring device after the effective date of this section	342
shall do so only after complying with division (A) of this	343
section. If such a local authority thereafter wishes to deploy an	344
additional traffic law photo-monitoring device, the local	345
authority shall comply with that division prior to deploying the	346
additional device.	347

A local authority that is operating or has operated on its	348
behalf a traffic law photo-monitoring device on the effective date	349
of this section may continue to operate the device after that date	350
without the need to comply with division (A) of this section.	351
However, if such a local authority wishes to deploy an additional	352
traffic law photo-monitoring device after the effective date of	353
this section, the local authority shall comply with division (A)	354
of this section prior to deploying the additional device.	355

(2) All tickets that result from evidence recorded by a	356
traffic law photo-monitoring device and that are issued prior to	357
the effective date of this section by or on behalf of a local	358
authority may be processed and adjudicated in accordance with the	359
rules and procedures that were in effect for such tickets prior to	360
the effective date of this section. On and after the effective	361
date of this section, no ticket for a traffic law violation that	362
is based upon evidence recorded by a traffic law photo-monitoring	363
device shall be processed and adjudicated in any manner other than	364
in accordance with sections 4511.096 to 4511.0912 of the Revised	365
Code.	366

Sec. 4511.096.  (A) A law enforcement officer employed by a	367
local authority utilizing a traffic law photo-monitoring device	368
shall examine evidence of alleged traffic law violations recorded	369
by the device to determine whether such a violation has occurred.	370
If the image recorded by the traffic law photo-monitoring device	371
shows such a violation, contains the date and time of the	372
violation, and shows the letter and numerals on the license plate	373
of the vehicle involved as well as the state that issued the	374
license plate, the officer may use any lawful means to identify	375
the registered owner.	376

(B) The fact that a person or entity is the registered owner	377
of a motor vehicle is prima facie evidence that that person or	378
entity is the person who was operating the vehicle at the time of	379
the traffic law violation.	380

(C) Within thirty days of the traffic law violation, the	381
local authority or its designee may issue and send by regular mail	382
a ticket charging the registered owner with the violation. The	383
ticket shall comply with section 4511.097 of the Revised Code.	384

(D) A certified copy of the ticket alleging a traffic law	385
violation, sworn to or affirmed by a law enforcement officer	386
employed by the local authority, including by electronic means,	387
and the recorded images produced by the traffic law	388
photo-monitoring device, is prima facie evidence of the facts	389
contained therein and is admissible in a proceeding for review of	390
the ticket issued under this section.	391

Sec. 4511.097.  (A) A traffic law violation for which a	392
ticket is issued by a local authority pursuant to division (B)(3)	393
of section 4511.093 of the Revised Code is a civil violation. If a	394
local authority issues a ticket for such a violation, the ticket	395
shall comply with the requirements of this section and the fine	396
for such a ticket shall not exceed the amount of the fine that may	397
be imposed for a substantially equivalent criminal traffic law	398
violation.	399

(B) A local authority or its designee shall process such a	400
ticket for a civil violation and shall send the ticket by ordinary	401
mail to any registered owner of the motor vehicle that is the	402
subject of the traffic law violation. The local authority or	403
designee shall ensure that the ticket contains all of the	404
following:	405

(1) The name and address of the registered owner;

406

(2) The letters and numerals appearing on the license plate	407
issued to the motor vehicle;	408

(3) The traffic law violation charged;

409

(4) The system location;

410

(5) The date and time of the violation;

411

(6) A copy of the recorded images;

412

(7) The name and badge number of the law enforcement officer	413
who was present at the system location at the time of the	414
violation;	415

(8) The amount of the civil penalty imposed, the date by	416
which the civil penalty is required to be paid, and the address to	417
which the payment is to be sent;	418

(9) A statement signed by a law enforcement officer employed	419
by the local authority indicating that, based on an inspection of	420
recorded images, the motor vehicle was involved in a traffic law	421
violation, and a statement indicating that the recorded images are	422
prima facie evidence of that traffic law violation both of which	423
may be signed electronically;	424

(10) Information advising the person or entity alleged to be	425
liable of the options prescribed in section 4511.098 of the	426
Revised Code, specifically to include the time, place, and manner	427
in which an administrative appeal may be initiated and the	428
procedure for disclaiming liability by submitting an affidavit as	429
prescribed in that section;	430

(11) A warning that failure to exercise one of the options	431
prescribed in section 4511.098 of the Revised Code is deemed to be	432
an admission of liability and waiver of the opportunity to contest	433
the violation.	434

(C) A local authority or its designee shall send a ticket not	435
later than thirty days after the date of the alleged traffic law	436
violation.	437

(D) The local authority or its designee may elect to send by	438
ordinary mail a warning notice in lieu of a ticket under this	439
section.	440

Sec. 4511.098. (A) A person or entity who receives a ticket	441
for a civil violation sent in compliance with section 4511.097 of	442
the Revised Code shall elect to do one of the following:	443

(1) In accordance with instructions on the ticket, pay the	444
civil penalty, thereby failing to contest liability and waiving	445
the opportunity to contest the violation;	446

(2)(a) Within thirty days after receipt of the ticket,	447
provide the law enforcement agency of the local authority with	448
either of the following affidavits:	449

(i) An affidavit executed by the registered owner stating	450
that another person was operating the vehicle of the registered	451
owner at the time of the violation, identifying that person as a	452
designated party who may be held liable for the violation, and	453
containing at a minimum the name and address of the designated	454
party;	455

(ii) An affidavit executed by the registered owner stating	456
that at the time of the violation, the motor vehicle or the	457
license plates issued to the motor vehicle were stolen and	458
therefore were in the care, custody, or control of some person or	459
entity to whom the registered owner did not grant permission to	460
use the motor vehicle. In order to demonstrate that the motor	461
vehicle or the license plates were stolen prior to the traffic law	462
violation and therefore were not under the control or possession	463
of the registered owner at the time of the violation, the	464
registered owner shall submit proof that a report about the stolen	465
motor vehicle or license plates was filed with the appropriate law	466
enforcement agency prior to the violation or within forty-eight	467
hours after the violation occurred.	468

(b) A registered owner is not responsible for a traffic law	469
violation if, within thirty days after the date of mailing of the	470
ticket, the registered owner furnishes an affidavit specified in	471
division (A)(2)(a)(i) or (ii) of this section to the local	472
authority in a form established by the local authority and the	473
following conditions are met:	474

(i) If the registered owner submits an affidavit as specified	475
in division (A)(2)(a)(i) of this section, the designated party	476
either accepts liability for the violation by paying the civil	477
penalty or failing to request an administrative hearing within	478
thirty days or is determined liable in an administrative hearing;	479

(ii) If the registered owner submits an affidavit as	480
specified in division (A)(2)(a)(ii) of this section, the affidavit	481
is supported by a stolen vehicle or stolen license plate report as	482
required in that division.	483

(3) If the registered owner is a motor vehicle leasing dealer	484
or a motor vehicle renting dealer, notify the law enforcement	485
agency of the local authority of the name and address of the	486
lessee or renter of the motor vehicle at the time of the traffic	487
law violation. A motor vehicle leasing dealer or motor vehicle	488
renting dealer who receives a ticket for an alleged traffic law	489
violation detected by a traffic law photo-monitoring device is not	490
liable for a ticket issued for a motor vehicle that was in the	491
care, custody, or control of a lessee or renter at the time of the	492
alleged violation. The dealer shall not pay such a ticket and	493
subsequently attempt to collect a fee or assess the lessee or	494
renter a charge for any payment of such a ticket made on behalf of	495
the lessee or renter.	496

(4) If the vehicle involved in the traffic law violation is a	497
commercial motor vehicle and the ticket is issued to a corporate	498
entity, provide to the law enforcement agency of the local	499
authority an affidavit, sworn to or affirmed by an agent of the	500
corporate entity, that provides the name and address of the	501
employee who was operating the motor vehicle at the time of the	502
alleged violation and who is the designated party.	503

(5) Contest the ticket by filing a written request for an	504
administrative hearing to review the ticket. The person or entity	505
shall file the written request not later than thirty days after	506
receipt of the ticket. The failure to request a hearing within	507
this time period constitutes a waiver of the right to contest the	508
violation and ticket, and is deemed to constitute an admission of	509
liability and waiver of the opportunity to contest the violation.	510

(B) A local authority that receives an affidavit described in	511
division (A)(2)(a)(i) or (A)(4) of this section or a notification	512
under division (A)(3) of this section from a registered owner may	513
proceed to send a ticket that conforms with division (B) of	514
section 4511.097 of the Revised Code to the designated party. The	515
local authority shall send the ticket to the designated party by	516
ordinary mail not later than twenty-one days after receipt of the	517
affidavit or notification.	518

Sec. 4511.099. (A) When a person or entity named in a ticket	519
for a civil violation under division (A) of section 4511.097 of	520
the Revised Code elects to contest the ticket and completes the	521
requirements prescribed in division (A)(5) of section 4511.098 of	522
the Revised Code in a timely manner, all of the following apply:	523

(1) A hearing officer appointed by the local authority shall	524
hear the case. The hearing officer shall conduct a hearing not	525
sooner than twenty-one but not later than forty-five days after	526
the filing of a written request for the hearing. The hearing	527
officer may extend the time period by which a hearing must be	528
conducted upon a request for additional time by the person or	529
entity who requested the hearing.	530

(2) The hearing officer shall ensure that the hearing is open	531
to the public. The hearing officer shall post a docket in a	532
conspicuous place near the entrance to the hearing room. The	533
hearing officer shall identify on the docket, by respondent, the	534
hearings scheduled for that day and the time of each hearing. The	535
hearing officer may schedule multiple hearings for the same time	536
to allow for occurrences such as nonappearances or admissions of	537
liability.	538

(3) The person who requested the administrative hearing or a	539
representative of the entity that requested the hearing shall	540
appear for the hearing and may present evidence at the hearing.	541

(4) The hearing officer shall determine whether a	542
preponderance of the evidence establishes that the violation	543
alleged in the ticket did in fact occur and that the person or	544
entity requesting the review is the person who was operating the	545
vehicle at the time of the violation.	546

(B)(1) If the hearing officer finds by a preponderance of the	547
evidence that the alleged traffic law violation did in fact occur	548
and that the person or entity named in the ticket is the person	549
who was operating the vehicle at the time of the violation, the	550
hearing officer shall issue a written decision imposing liability	551
for the violation upon the individual or entity and submit it to	552
the local authority or its designee and the person or entity named	553
in the ticket.	554

(2) If the hearing officer finds by a preponderance of the	555
evidence that the alleged traffic law violation did not occur or	556
did in fact occur but the person or entity named in the ticket is	557
not the person who was operating the vehicle at the time of the	558
violation, the hearing officer shall issue a written decision	559
finding that the individual or entity is not liable for the	560
violation and submit it to the local authority or its designee and	561
the person or entity named in the ticket.	562

(3) If the person who requested the administrative hearing or	563
a representative of the entity that requested the hearing fails to	564
appear at the hearing, the hearing officer shall determine that	565
the person or entity is liable for the violation. In such a case,	566
the hearing officer shall issue a written decision imposing	567
liability for the violation upon the individual or entity and	568
submit it to the local authority or its designee and the person or	569
entity named in the ticket.	570

(4) The hearing officer shall render a decision on the day a	571
hearing takes place.	572

(C)(1) In determining whether the person or entity named in	573
the ticket is liable, the hearing officer may consider any of the	574
following as an affirmative defense to a traffic law violation:	575

(a) That the vehicle passed through the intersection in order	576
to yield the right-of-way to either of the following:	577

(i) A public safety vehicle or coroner's vehicle in	578
accordance with section 4511.45 of the Revised Code or a	579
substantially equivalent municipal ordinance;	580

(ii) A funeral procession in accordance with section 4511.451	581
of the Revised Code or a substantially equivalent municipal	582
ordinance.	583

(b) That the motor vehicle or license plates of the motor	584
vehicle were stolen prior to the occurrence of the violation and	585
were not under the control or possession of the registered owner	586
at the time of the violation. In order to demonstrate that the	587
motor vehicle or license plates were stolen prior to the	588
occurrence of the violation and were not under the control or	589
possession of the registered owner at the time of the violation,	590
the registered owner shall submit proof that a report about the	591
stolen motor vehicle or license plates was filed with the	592
appropriate law enforcement agency prior to the traffic law	593
violation or within forty-eight hours after the traffic law	594
violation occurred.	595

(c) At the time and place of the alleged traffic law	596
violation, the traffic control signal was not operating properly	597
or the traffic law photo-monitoring device was not in proper	598
position and the recorded image is not of sufficient legibility to	599
enable an accurate determination of the information necessary to	600
impose liability.	601

(d) That the registered owner or person or entity named in	602
the ticket was not the person operating the motor vehicle at the	603
time of the violation. In order to meet the evidentiary burden	604
imposed under division (C)(1)(d) of this section, the registered	605
owner or person or entity named in the ticket shall provide to the	606
hearing officer the identity of the designated party, that	607
person's name and current address, and any other evidence that the	608
hearing officer determines to be pertinent.	609

(2) A hearing officer also may consider the totality of the	610
circumstances when determining whether to impose liability upon	611
the person or entity named in the ticket.	612

(D)(1) If the hearing officer finds that the person or entity	613
named in the ticket was not the person who was operating the	614
vehicle at the time of the violation or receives evidence	615
identifying the designated party, the hearing officer shall	616
provide to the local authority or its designee, within five days	617
of the hearing, a copy of any evidence substantiating the identity	618
of the designated party.	619

(2) Upon receipt of evidence of the identity of the	620
designated party, the local authority or its designee may issue a	621
ticket to the designated party.	622

A local authority shall ensure that a ticket issued under	623
division (D)(2) of this section conforms with division (B) of	624
section 4511.097 of the Revised Code. The local authority shall	625
send the ticket by ordinary mail not later than twenty-one days	626
after receipt of the evidence from the hearing officer or the	627
registered owner of the identity of the designated party.	628

(E) If a designated party who is issued a ticket under	629
division (D)(2) of this section or division (B) of section	630
4511.098 of the Revised Code contests the ticket by filing a	631
written request for an administrative hearing to review the ticket	632
not later than thirty days after receipt of the ticket, the local	633
authority shall require the registered owner of the motor vehicle	634
also to attend the hearing. If at the hearing involving the	635
designated party the hearing officer cannot determine the identity	636
of the operator of the vehicle at the time of the violation, the	637
registered owner is liable for the violation. The hearing officer	638
then shall issue a written decision imposing liability for the	639
violation on the registered owner and submit it to the local	640
authority or its designee and to the registered owner. If the	641
designated party also is a registered owner of the vehicle,	642
liability for the violation shall follow the order of registered	643
owners as listed on the title to the vehicle.	644

(F) A person who is named in a ticket for a civil violation	645
may assert a testimonial privilege in accordance with division (D)	646
of section 2317.02 of the Revised Code.	647

(G) A person or entity may appeal a written decision rendered	648
by a hearing officer under this section to the municipal court or	649
county court with jurisdiction over the location where the	650
violation occurred.	651

(H) No decision rendered under this section, and no admission	652
of liability under this section or section 4511.098 of the Revised	653
Code, is admissible as evidence in any other judicial proceeding	654
in this state.	655

Sec. 4511.0910.  A traffic law violation for which a civil	656
penalty is imposed under sections 4511.097 to 4511.099 of the	657
Revised Code is not a moving violation and points shall not be	658
assessed against a person's driver's license under section	659
4510.036 of the Revised Code. In no case shall such a violation be	660
reported to the bureau of motor vehicles or motor vehicle	661
registration bureau, department, or office of any other state, nor	662
shall such a violation be recorded on the driving record of the	663
owner or operator of the vehicle involved in the violation.	664

Sec. 4511.0911.  (A) Upon request, each manufacturer of a	665
traffic law photo-monitoring device shall provide to a local	666
authority utilizing its devices the maintenance record of any such	667
device used in that local authority.	668

(B)(1) Commencing January 2015, not later than the last day	669
of January of each year, the manufacturer of a traffic law	670
photo-monitoring device shall provide to the applicable local	671
authority a certificate of proper operation that attests to the	672
accuracy of the device in recording a traffic law violation.	673

(2) In addition to the requirement prescribed in division	674
(B)(1) of this section, for every such device that is considered	675
mobile, meaning it is attached to a trailer, vehicle, or other	676
wheeled apparatus so that it is easily moved to different system	677
locations, both of the following apply:	678

(a) Each local authority shall test the accuracy of each such	679
device with an independent, certified speed measuring device or	680
some other commonly accepted method prior to its use at each	681
system location.	682

(b) Each local authority shall clearly and conspicuously mark	683
on the outside of the trailer, vehicle, or wheeled apparatus that	684
contains the traffic law photo-monitoring device that the device	685
is contained therein and that the trailer, vehicle, or wheeled	686
apparatus is the property of the local authority.	687

(C) In the case of a traffic law photo-monitoring device that	688
is used at an intersection to detect violations of section 4511.12	689
of the Revised Code based on the failure to comply with section	690
4511.13 of the Revised Code or a substantially equivalent	691
municipal ordinance, the local authority shall not issue a ticket	692
for a violation based upon evidence recorded by a traffic law	693
photo-monitoring device when a vehicle makes a legal right or left	694
turn-on-red-signal if all of the following apply:	695

(1) The vehicle can make the turn safely.

696

(2) The vehicle comes to a complete stop at any point prior	697
to completing the turn.	698

(3) No pedestrians are in the crosswalk, or are about to	699
enter the crosswalk, of any approach to the intersection the	700
vehicle occupies while commencing or making the turn.	701

Sec. 4511.0912.  A local authority shall not issue a ticket	702
for a violation of section 4511.21 or 4511.211 of the Revised Code	703
or a substantially equivalent municipal ordinance due to failure	704
to observe the applicable speed limit based upon evidence recorded	705
by a traffic law photo-monitoring device unless one of the	706
following applies:	707

(A) For a system location that is located within a school	708
zone or within the boundaries of a state or local park or	709
recreation area, the vehicle involved in the violation is	710
traveling at a speed that exceeds the posted speed limit by not	711
less than six miles per hour.	712

(B) For a system location that is located at any other	713
location, the vehicle involved in the violation is traveling at a	714
speed that exceeds the posted speed limit by not less than ten	715
miles per hour.	716

Sec. 4511.0913.  Sections 4511.092 to 4511.0912 of the	717
Revised Code do not apply to the use of a traffic law	718
photo-monitoring device that is placed on a school bus for the	719
purpose of detecting violations of section 4511.75 of the Revised	720
Code or a substantially equivalent municipal ordinance.	721

Section 2.  That existing sections 1901.20, 1907.02,	722
4511.093, and 4511.094 and section 4511.092 of the Revised Code	723
are hereby repealed.	724