Bill Text: OH HB109 | 2009-2010 | 128th General Assembly | Comm Sub

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Bill Title: To require the Registrar of Motor Vehicles to disqualify the holder of a commercial driver's license from operating a commercial motor vehicle upon a municipal OVI conviction and to eliminate the waiver provision for restricted commercial driver's licenses for farm-related service industries.

Spectrum: Slight Partisan Bill (Republican 10-6)

Status: (Introduced - Dead) 2009-11-18 - Committee Report - S [HB109 Detail]

Download: Ohio-2009-HB109-Comm_Sub.html

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As Reported by the House Transportation and Infrastructure Committee

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 109

Representatives Hottinger, Weddington 

Cosponsors: Representatives Grossman, Combs, Hackett, McGregor, Winburn, Hagan, Bolon, Carney, Domenick, Yuko, Balderson, McClain, Uecker, Zehringer 

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A BILL

To amend sections 4506.03, 4506.12, 4506.16, and

1

4506.24 of the Revised Code to require the

2

Registrar of Motor Vehicles to disqualify the

3

holder of a commercial driver's license from

4

operating a commercial motor vehicle upon a

5

municipal OVI conviction and to eliminate the

6

waiver provision for restricted commercial

7

driver's licenses for farm-related service

8

industries.

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

Section 1. That sections 4506.03, 4506.12, 4506.16, and	10
4506.24 of the Revised Code be amended to read as follows:	11

Sec. 4506.03.  (A) Except as provided in divisions (B) and	12
(C) of this section, the following shall apply:	13

(1) No person shall drive a commercial motor vehicle on a	14
highway in this state unless the person holds, and has in the	15
person's possession, a valid commercial driver's license with	16
proper endorsements for the motor vehicle being driven, issued by	17
the registrar of motor vehicles, a valid examiner's commercial	18
driving permit issued under section 4506.13 of the Revised Code, a	19
valid restricted commercial driver's license and waiver for	20
farm-related service industries issued under section 4506.24 of	21
the Revised Code, or a valid commercial driver's license temporary	22
instruction permit issued by the registrar and is accompanied by	23
an authorized state driver's license examiner or tester or a	24
person who has been issued and has in the person's immediate	25
possession a current, valid commercial driver's license with	26
proper endorsements for the motor vehicle being driven.	27

(2) No person shall be issued a commercial driver's license	28
until the person surrenders to the registrar of motor vehicles all	29
valid licenses issued to the person by another jurisdiction	30
recognized by this state. The registrar shall report the surrender	31
of a license to the issuing authority, together with information	32
that a license is now issued in this state. The registrar shall	33
destroy any such license that is not returned to the issuing	34
authority.	35

(3) No person who has been a resident of this state for	36
thirty days or longer shall drive a commercial motor vehicle under	37
the authority of a commercial driver's license issued by another	38
jurisdiction.	39

(B) Nothing in division (A) of this section applies to any	40
qualified person when engaged in the operation of any of the	41
following:	42

(1) A farm truck;

43

(2) Fire equipment for a fire department, volunteer or	44
nonvolunteer fire company, fire district, or joint fire district;	45

(3) A public safety vehicle used to provide transportation or	46
emergency medical service for ill or injured persons;	47

(4) A recreational vehicle;

48

(5) A commercial motor vehicle within the boundaries of an	49
eligible unit of local government, if the person is employed by	50
the eligible unit of local government and is operating the	51
commercial motor vehicle for the purpose of removing snow or ice	52
from a roadway by plowing, sanding, or salting, but only if either	53
the employee who holds a commercial driver's license issued under	54
this chapter and ordinarily operates a commercial motor vehicle	55
for these purposes is unable to operate the vehicle, or the	56
employing eligible unit of local government determines that a snow	57
or ice emergency exists that requires additional assistance;	58

(6) A vehicle operated for military purposes by any member or	59
uniformed employee of the armed forces of the United States or	60
their reserve components, including the Ohio national guard. This	61
exception does not apply to United States reserve technicians.	62

(7) A commercial motor vehicle that is operated for	63
nonbusiness purposes. "Operated for nonbusiness purposes" means	64
that the commercial motor vehicle is not used in commerce as	65
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	66
regulated by the public utilities commission pursuant to Chapter	67
4919., 4921., or 4923. of the Revised Code.	68

(8) A motor vehicle that is designed primarily for the	69
transportation of goods and not persons, while that motor vehicle	70
is being used for the occasional transportation of personal	71
property by individuals not for compensation and not in the	72
furtherance of a commercial enterprise;	73

(9) A police SWAT team vehicle;

74

(10) A police vehicle used to transport prisoners.

75

(C) Nothing contained in division (B)(5) of this section	76
shall be construed as preempting or superseding any law, rule, or	77
regulation of this state concerning the safe operation of	78
commercial motor vehicles.	79

(D) Whoever violates this section is guilty of a misdemeanor	80
of the first degree.	81

Sec. 4506.12.  (A) Commercial drivers'driver's licenses	82
shall be issued in the following classes and shall include any	83
endorsements and restrictions that are applicable. Subject to any	84
such endorsements and restrictions, the holder of a valid	85
commercial driver's license may drive all commercial motor	86
vehicles in the class for which that license is issued and all	87
lesser classes of vehicles, except that the holder shall not	88
operate a motorcycle unless the holder is licensed to do so under	89
Chapter 4507. of the Revised Code.	90

(B) The classes of commercial drivers'driver's licenses and	91
the commercial motor vehicles that they authorize the operation of	92
are as follows:	93

(1) Class A--any combination of vehicles with a combined	94
gross vehicle weight rating of twenty-six thousand one pounds or	95
more, if the gross vehicle weight rating of the vehicle or	96
vehicles being towed is in excess of ten thousand pounds.	97

(2) Class B--any single vehicle with a gross vehicle weight	98
rating of twenty-six thousand one pounds or more or any such	99
vehicle towing a vehicle having a gross vehicle weight rating that	100
is not in excess of ten thousand pounds.	101

(3) Class C--any single vehicle, or combination of vehicles,	102
that is not a class A or class B vehicle, but that is designed to	103
transport sixteen or more passengers, including the driver, or is	104
transporting hazardous materials in an amount requiring	105
placarding, or any school bus with a gross vehicle weight rating	106
of less than twenty-six thousand one pounds that is designed to	107
transport fewer than sixteen passengers including the driver.	108

(C) The following endorsements and restrictions apply to	109
commercial drivers' licenses:	110

(1) H--authorizes the driver to drive a vehicle transporting	111
hazardous materials in an amount requiring placarding;	112

(2) K--restricts the driver to only intrastate operation;

113

(3) L--restricts the driver to vehicles not equipped with air	114
brakes;	115

(4) T--authorizes the driver to drive a vehicle configured	116
with double or triple trailers that create more than one	117
articulation point for the combination;	118

(5) P--authorizes the driver to drive vehicles designed to	119
transport sixteen or more passengers, including the driver;	120

(6) P1--authorizes the driver to drive class A vehicles	121
designed for fewer than sixteen passengers, including the driver,	122
and all lesser classes of vehicles without restriction as to the	123
designed passenger capacity of the vehicle;	124

(7) P2--authorizes the driver to drive class A or B vehicles	125
designed for fewer than sixteen passengers, including the driver,	126
and all lesser classes of vehicles without restriction as to the	127
designed passenger capacity of the vehicle;	128

(8) P4--Restricts the driver to driving class C school buses	129
designed to transport fewer than sixteen passengers including the	130
driver.	131

(9) N--authorizes the driver to drive tank vehicles;

132

(10) S--authorizes the driver to drive school buses	133
transporting children;	134

(11) X--authorizes the driver to drive tank vehicles	135
transporting hazardous materials in a quantity requiring	136
placarding;	137

(12) W--restricts the driver to the operation of commercial	138
motor vehicles in accordance with a waiver for farm-related	139
service industries issued under section 4506.24 of the Revised	140
Code.	141

(D) In addition to any endorsement that otherwise may apply,	142
a person who is engaged in the towing of a disabled or wrecked	143
motor vehicle shall hold a commercial driver's license bearing any	144
endorsement required to drive the towed vehicle except the driver	145
is not required to have either of the following:	146

(1) A passenger endorsement to tow an unoccupied passenger	147
vehicle;	148

(2) Any endorsement required for the wrecked or disabled	149
vehicle when the driver initially removes a vehicle from the site	150
of the emergency where the vehicle became wrecked or disabled to	151
the nearest appropriate repair, disposal, or storage facility, as	152
applicable.	153

(E) No person shall drive any commercial motor vehicle for	154
which an endorsement is required under this section unless the	155
proper endorsement appears on the person's commercial driver's	156
license.	157

(F) Whoever violates this section is guilty of a misdemeanor	158
of the first degree.	159

Sec. 4506.16.  (A) Any person who is found to have been	160
convicted of a violation of an out-of-service order shall be	161
disqualified by the registrar of motor vehicles as follows:	162

(1) If the person has not been convicted previously of a	163
violation of an out-of-service order, the period of	164
disqualification is ninety days.	165

(2) If, during any ten-year period, the driver is convicted	166
of a second violation of an out-of-service order in an incident	167
separate from the incident that resulted in the first violation,	168
the period of disqualification is one year.	169

(3) If, during any ten-year period, the driver is convicted	170
of a third or subsequent violation of an out-of-service order in	171
an incident separate from the incidents that resulted in the	172
previous violations during that ten-year period, the period of	173
disqualification is three years.	174

(B)(1) A driver is disqualified for one hundred eighty days	175
if the driver is convicted of a first violation of an	176
out-of-service order while transporting hazardous materials	177
required to be placarded under the "Hazardous Materials	178
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	179
amended, or while operating a motor vehicle designed to transport	180
sixteen or more passengers, including the driver.	181

(2) A driver is disqualified for a period of three years if,	182
during any ten-year period, the driver is convicted of a second or	183
subsequent violation, in an incident separate from the incident	184
that resulted in a previous violation during that ten-year period,	185
of an out-of-service order while transporting hazardous materials	186
required to be placarded under that act, or while operating a	187
motor vehicle designed to transport sixteen or more passengers,	188
including the driver.	189

(C) Whoever violates division (A)(1) of section 4506.15 of	190
the Revised Code or a similar law of another state or a foreign	191
jurisdiction, immediately shall be placed out-of-service for	192
twenty-four hours, in addition to any disqualification required by	193
this section and any other penalty imposed by the Revised Code.	194

(D) The registrar of motor vehicles shall disqualify any	195
holder of a commercial driver's license, or any operator of a	196
commercial motor vehicle for which a commercial driver's license	197
is required, from operating a commercial motor vehicle as follows:	198

(1) Upon a first conviction for a violation of any provision	199
of divisions (A)(2) to (9) of section 4506.15 of the Revised Code,	200
or of section 4511.19 or sections 4549.02 to 4549.03 of the	201
Revised Code, or a municipal OVI ordinance as defined in section	202
4511.181 of the Revised Code, or a similar law of another state or	203
a foreign jurisdiction, one year;	204

(2) Upon a second conviction for a violation of any provision	205
of divisions (A)(2) to (9) of section 4506.15 of the Revised Code,	206
or of section 4511.19 or sections 4549.02 to 4549.03 of the	207
Revised Code, or a municipal OVI ordinance as defined in section	208
4511.181 of the Revised Code, or a similar law of another state or	209
a foreign jurisdiction, or any combination of such violations	210
arising from two or more separate incidents, the person shall be	211
disqualified for life or for any other period of time as	212
determined by the United States secretary of transportation and	213
designated by the director of public safety by rule;	214

(3) Upon a first conviction for a violation of division	215
(A)(12) of section 4506.15 of the Revised Code or a similar law of	216
another state or a foreign jurisdiction, three years;	217

(4) Upon conviction of a violation of division (A)(10) of	218
section 4506.15 of the Revised Code or a similar law of another	219
state or a foreign jurisdiction, the person shall be disqualified	220
for life;	221

(5) Upon conviction of two serious traffic violations	222
involving the operation of a motor vehicle by the person and	223
arising from separate incidents occurring in a three-year period,	224
the person shall be disqualified for sixty days if the conviction	225
results in the suspension, cancellation, or revocation of the	226
holder's commercial driver's license or noncommercial motor	227
vehicle driving privileges;	228

(6) Upon conviction of three serious traffic violations	229
involving the operation of a motor vehicle by the person and	230
arising from separate incidents occurring in a three-year period,	231
the person shall be disqualified for one hundred twenty days if	232
the conviction results in the suspension, cancellation, or	233
revocation of the holder's commercial driver's license or	234
noncommercial motor vehicle driving privileges.	235

(7) Upon a first conviction involving the operation of a	236
commercial motor vehicle in violation of any provisions of	237
sections 4511.61 to 4511.63 of the Revised Code or a similar law	238
of another state or foreign jurisdiction, not less than sixty	239
days;	240

(8) Upon a second conviction involving the operation of a	241
commercial motor vehicle in violation of any provisions of	242
sections 4511.61 to 4511.63 of the Revised Code or a similar law	243
of another state or foreign jurisdiction within three years of the	244
first such conviction, not less than one hundred twenty days;	245

(9) Upon a third or subsequent conviction involving the	246
operation of a commercial motor vehicle in violation of any	247
provisions of sections 4511.61 to 4511.63 of the Revised Code or a	248
similar law of another state or foreign jurisdiction within three	249
years of the first such conviction, not less than one year;	250

(10) Upon receiving notification from the federal motor	251
carrier safety administration, the registrar shall disqualify any	252
commercial motor vehicle driver whose driving is determined to	253
constitute an imminent hazard as defined under federal motor	254
carrier safety regulation 49 C.F.R. 383.52.	255

(E) For the purposes of this section, conviction of a	256
violation for which disqualification is required may be evidenced	257
by any of the following:	258

(1) A judgment entry of a court of competent jurisdiction in	259
this or any other state;	260

(2) An administrative order of a state agency of this or any	261
other state having statutory jurisdiction over commercial drivers;	262

(3) A computer record obtained from or through the commercial	263
driver's license information system;	264

(4) A computer record obtained from or through a state agency	265
of this or any other state having statutory jurisdiction over	266
commercial drivers or the records of commercial drivers.	267

(F) For purposes of this section, conviction of disqualifying	268
offenses committed in a noncommercial motor vehicle are included	269
if either of the following applies:	270

(1) The offense occurred after the person obtained the	271
person's commercial driver's license.	272

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

273

(G) If a person commits a serious traffic violation by	274
operating a commercial motor vehicle without having a commercial	275
driver's license in the person's possession as described in	276
division (DD)(7) of section 4506.01 of the Revised Code and the	277
person then submits proof to either the enforcement agency that	278
issued the citation for the violation or to the court with	279
jurisdiction over the case before the date of the person's initial	280
appearance that shows that the person held a valid commercial	281
driver's license at the time of the violation, the violation shall	282
not be deemed to be a serious traffic violation.	283

(H) Any record described in division (C) of this section	284
shall be deemed to be self-authenticating when it is received by	285
the bureau of motor vehicles.	286

(I) When disqualifying a driver, the registrar shall cause	287
the records of the bureau to be updated to reflect that action	288
within ten days after it occurs.	289

(J) The registrar immediately shall notify a driver who is	290
finally convicted of any offense described in section 4506.15 of	291
the Revised Code or division (B)(4), (5), or (6) of this section	292
and thereby is subject to disqualification, of the offense or	293
offenses involved, of the length of time for which	294
disqualification is to be imposed, and that the driver may request	295
a hearing within thirty days of the mailing of the notice to show	296
cause why the driver should not be disqualified from operating a	297
commercial motor vehicle. If a request for such a hearing is not	298
made within thirty days of the mailing of the notice, the order of	299
disqualification is final. The registrar may designate hearing	300
examiners who, after affording all parties reasonable notice,	301
shall conduct a hearing to determine whether the disqualification	302
order is supported by reliable evidence. The registrar shall adopt	303
rules to implement this division.	304

(K) Any person who is disqualified from operating a	305
commercial motor vehicle under this section may apply to the	306
registrar for a driver's license to operate a motor vehicle other	307
than a commercial motor vehicle, provided the person's commercial	308
driver's license is not otherwise suspended. A person whose	309
commercial driver's license is suspended shall not apply to the	310
registrar for or receive a driver's license under Chapter 4507. of	311
the Revised Code during the period of suspension.	312

(L) The disqualifications imposed under this section are in	313
addition to any other penalty imposed by the Revised Code.	314

Sec. 4506.24.  (A) A restricted commercial driver's license	315
and waiver for farm-related service industries may be issued by	316
the registrar of motor vehicles to allow a person to operate a	317
commercial motor vehicle during seasonal periods determined by the	318
registrar and subject to the restrictions set forth in this	319
section.	320

(B) Upon receiving an application for a restricted commercial	321
driver's license under section 4506.07 of the Revised Code and	322
payment of a fee as provided in section 4506.08 of the Revised	323
Code, the registrar may issue such license to any person who meets	324
all of the following requirements:	325

(1) Has at least one year of driving experience in any type	326
of vehicle;	327

(2) Holds a valid driver's license, other than a restricted	328
license, issued under Chapter 4507. of the Revised Code;	329

(3) Certifies that during the two-year period immediately	330
preceding application, all of the following apply:	331

(a) The person has not had more than one license;

332

(b) The person has not had any license suspended, revoked, or	333
canceled;	334

(c) The person has not had any convictions for any type of	335
motor vehicle for the offenses for which disqualification is	336
prescribed in section 4506.16 of the Revised Code;	337

(d) The person has not had any violation of a state or local	338
law relating to motor vehicle traffic control other than a parking	339
violation arising in connection with any traffic accident and has	340
no record of an accident in which the person was at fault.	341

(4) Certifies and also provides evidence that the person is	342
employed in one or more of the following farm-related service	343
industries requiring the person to operate a commercial motor	344
vehicle:	345

(a) Custom harvesters;

346

(b) Farm retail outlets and suppliers;

347

(c) Agri-chemical business;

348

(d) Livestock feeders.

349

(C) An annual waiverA restricted commercial driver's license	350
for farm-related service industries, which shall be valid for one	351
year from the date of issuance, may be issued to authorize the	352
holder of a restricted commercial driver's license to operate a	353
commercial motor vehicle during seasonal periods designated by the	354
registrar. The registrar shall determine the format of the waiver	355
restricted commercial driver's license. The total number of days	356
that a person may operate a commercial motor vehicle pursuant to a	357
waiver for farm-related service industries under such a restricted	358
commercial driver's license shall not exceed one hundred eighty	359
days in any twelve-monththe one-year period for which it is	360
valid. Each time the holder of a restricted commercial driver's	361
license applies for a waiver for farm-related service industries	362
applies to renew the license, the registrar shall verify that the	363
person meets all of the requirements set forth in division (B) of	364
this section. The restricted commercial driver's license and	365
waiver shall be carried at all times when a commercial motor	366
vehicle is being operated by the holder of the license and waiver.	367

(D) The holder of a restricted commercial driver's license	368
and valid waiver for farm-related service industries may operate a	369
class B or C commercial motor vehicle subject to all of the	370
following restrictions:	371

(1) The commercial motor vehicle is operated within a	372
distance of no more than one hundred fifty miles of the employer's	373
place of business or the farm currently being served;	374

(2) The operation of the commercial motor vehicle does not	375
involve transporting hazardous materials for which placarding is	376
required, except as follows:	377

(a) Diesel fuel in quantities of one thousand gallons or	378
less;	379

(b) Liquid fertilizers in vehicles or implements of husbandry	380
with total capacities of three thousand gallons or less;	381

(c) Solid fertilizers that are not transported with any	382
organic substance.	383

(E) Except as otherwise provided in this section, an	384
applicant for or holder of a restricted commercial driver's	385
license and waiver for farm-related service industries is subject	386
to the provisions of this chapter. Divisions (A)(4) and (B)(1) of	387
section 4506.07 and sections 4506.09 and 4506.10 of the Revised	388
Code do not apply to an applicant for a restricted commercial	389
driver's license and waiverfor farm-related service industries.	390

Section 2. That existing sections 4506.03, 4506.12, 4506.16,	391
and 4506.24 of the Revised Code are hereby repealed.	392