Skip to code content (skip section selection)
Compare to:
436.03  DRIVING WITH TEMPORARY INSTRUCTION PERMIT.
   (a)   (1)   A.   No holder of a probationary driver's license who has not attained the age of 17 years shall operate a motor vehicle upon a highway or any public or private property used by the public for vehicular travel or parking between the hours of midnight and 6:00 a.m. unless the holder is accompanied by the holder's parent or guardian.
         B.   No holder of a probationary driver’s license who has attained the age of 17 years but has not attained the age of 18 years shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of 1:00 a.m. and 5:00 a.m. unless the holder is accompanied by the holder’s parent or guardian.
      (2)   A.   Subject to division (c)(1)A. of this section, division (a)(1)A. of this section does not apply to the holder of a probationary driver’s license who is traveling to or from work between the hours of midnight and 6:00 a.m. and has in the holder’s immediate possession written documentation from the holder’s employer.
         B.   Division (a)(1)B. of this section does not apply to the holder of a probationary driver’s license who is traveling to or from work between the hours of 1:00 a.m. and 5:00 a.m. and has in the holder’s immediate possession written documentation from the holder’s employer.
      (3)   An employer is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the fact that the employer provided an employee who is the holder of a probationary driver’s license with the written documentation described in division (a)(2) of this section. The Registrar of Motor Vehicles has available at no cost a form to serve as the written documentation described in division (a)(2) of this section, and employers and holders of probationary driver’s licenses may utilize that form or may choose to utilize any other written documentation to meet the requirements of that division.
      (4)   No holder of a probationary driver’s license who is less than 17 years of age shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking with more than one person who is not a family member occupying the vehicle unless the probationary license holder is accompanied by the probationary license holder’s parent, guardian, or custodian.
   (b)   It is an affirmative defense to a violation of division (a)(1)A. or (a)(1)B.  of this section if, at the time of the violation, the holder of the probationary driver's license was traveling to or from an official function sponsored by the school the holder attends, or an emergency existed that required the holder to operate a motor vehicle in violation of division (a)(1)A. or (a)(1)B. of this section, or the holder was an emancipated minor.
   (c)   (1)   A.   If a person is issued a probationary driver’s license prior to attaining the age of 17 years and the person pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed a moving violation during the six-month period commencing on the date on which the person is issued the probationary driver’s license, the holder must be accompanied by the holder’s parent or guardian whenever the holder is operating a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular parking during whichever of the following time periods applies:
            1.   If, on the date the holder of the probationary driver’s license pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed the moving violation, the holder has not attained the age of 16.5 years, during the six-month period commencing on that date;
            2.   If, on the date the holder pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed the moving violation, the holder has attained the age of 16.5 years but not 17 years, until the person attains the age of 17 years.
         B.   If the holder of a probationary driver’s license commits a moving violation during the six-month period after the person is issued the probationary driver’s license and before the person attains the age of 17 years and on the date the person pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed the moving violation the person has attained the age of 17 years, or if the person commits the moving violation during the six-month period after the person is issued the probationary driver’s license and after the person attains the age of 17 years, the holder is not subject to the restriction described in divisions (c)(1)A.1. and (c)(1)A.2. of this section unless the court or juvenile court imposes such a restriction upon the holder.
      (2)   No person shall violate division (c)(1)A. of this section.
   (d)   No holder of a probationary license shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking unless the total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device.
   (e)   A restricted license may be issued to a person who is 14 or 15 years of age under proof of hardship satisfactory to the Registrar of Motor Vehicles.
   (f)   Notwithstanding any other provisions of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether each occupant of the motor vehicle is wearing all of the available elements of a properly adjusted occupant restraining device as required by division (d) of this section, or for the sole purpose of issuing a ticket, citation or summons if that requirement has been or is being violated, or for causing the arrest of or commencing a prosecution of a person for a violation of that requirement.
   (g)   Notwithstanding any other provision of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (a)(1)A. or (a)(1)B. of this section has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for such a violation or for causing the arrest or commencing a prosecution of a person for such a violation.
   (h)   As used in this section:
      (1)   “Family member” of a probationary license holder includes any of the following:
         A.   A spouse;
         B.   A child or stepchild;
         C.   A parent, stepparent, grandparent, or parent-in-law;
         D.   An aunt or uncle;
         E.   A sibling, whether of the whole or half blood or by adoption, a brother-in-law, or a sister-in-law;
         F.   A son or daughter of the probationary license holder’s stepparent if the stepparent has not adopted the probationary license holder;
         G.   An eligible adult, as defined in Ohio R.C. 4507.05.
      (2)   “Moving violation” means any violation of any statute or ordinance that regulates the operation of vehicles on the highways or streets. “Moving violation” does not include a violation of Ohio R.C. 4513.263 or a substantially equivalent municipal ordinance, or a violation of any statute or ordinance regulating pedestrians or the parking of vehicles, vehicle size or load limitations, vehicle fitness requirements, or vehicle registration.
      (3)   “Occupant restraining device” has the same meaning as in Ohio R.C. 4513.263.
   (i)   Whoever violates divisions (a)(1), (a)(4), (c)(2), or (d) of this section is guilty of a minor misdemeanor.
(ORC 4507.071(B) - (J))