(a) The Registrar of Motor Vehicles, or a deputy Registrar, upon receiving an application for a temporary instruction permit and a temporary instruction permit identification card for a driver's license from any person who is at least 15 years six months of age, may issue such a permit and identification card entitling the applicant to drive a motor vehicle, other than a commercial motor vehicle, upon the highways under the following conditions:
(1) If the permit is issued to a person who is at least 15 years and six months of age, but less than 16 years of age:
A. The permit and identification card are in the holder's immediate possession;
B. The holder is accompanied by an eligible adult who actually occupies the seat beside the permit holder and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in Ohio R.C. 4511.19(A);
C. 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.
(2) If the permit is issued to a person who is at least 16 years of age:
A. The permit and identification card are in the holder's immediate possession;
B. The holder is accompanied by a licensed operator who is at least 21 years of age and is actually occupying a seat beside the driver, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in Ohio R.C. 4511.19(A);
C. 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.
(b) (1) Except as provided in this division (b), no holder of a temporary instruction permit that is issued under Ohio R.C. 4507.05(A) and that is issued on or after July 1, 1998, and who 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 midnight and 6:00 a.m.
(2) The holder of a permit issued under Ohio R.C. 4507.05(A) on or after July 1, 1998, who has not attained the age of 18 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 midnight and 6:00 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 this State and is actually occupying a seat beside the permit holder, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in Ohio R.C. 4511.19(A).
(c) As used in this section:
(1) “Eligible adult” means any of the following:
A. An instructor of a driver education course approved by the Department of Public Safety;
B. Any of the following persons who holds a current valid driver's or commercial driver's license issued by this State:
1. A parent, guardian or custodian of the permit holder;
2. A person 21 years of age or older who acts in loco parentis of the permit holder.
(2) “Occupant restraining device” has the same meaning as in Ohio R.C. 4513.263.
(d) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 408.01.
(ORC 4507.05)