436.03 DRIVING WITH TEMPORARY INSTRUCTION PERMIT.
   (a)   No holder of a permit issued under Ohio R.C. 4507.05(A) 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 in violation of the conditions established under Ohio R.C. 4507.05(A).
   (b)   Except as provided in this subsection, no holder of a permit that is issued under Ohio R.C. 4507.05(A) and that is issued on or after the effective date of this amendment (January 30, 1998), and who has not attained the age of seventeen 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.
   The holder of a permit issued under Ohio R.C. 4507.05(A) on or after the effective date of this amendment (January 30, 1998), who has not attained the age of seventeen years may 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. if, at the time of such operation, the holder is accompanied by the holder's parent, guardian or custodian, and the parent, guardian or custodian holds a current valid driver's or commercial driver's license issued by the State and is actually occupying a seat beside the permit holder.
   (c)   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 each occupant of the motor vehicle is wearing all of the available elements of a properly adjusted occupant restraining device as required by Ohio R.C. 4507.05(A), or for the sole purpose of issuing a ticket, citation or summons if the requirement in Ohio R.C. 4507.05(A) has been or is being violated, or for causing the arrest of or commencing a prosecution of a person for a violation of Ohio R.C. 4507.05(A).
   (d)   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 subsection (b) hereof 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 of or commencing a prosecution of a person for such violation.
   (e)   As used in this section, “occupant restraining device” has the same meaning as in Section 438.29 of this Traffic Code. (ORC 4507.05)
   (f)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 408.01.
(ORC 4507.99(F))