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(a) No person who holds a valid commercial driver’s license shall drive a commercial motor vehicle unless the person is physically qualified to do so.
(1) Any person applying for a commercial driver’s license or commercial driver’s license temporary instruction permit, the renewal or upgrade of a commercial driver’s license or commercial driver’s license temporary instruction permit, or the transfer of a commercial driver’s license from out of state shall self-certify to the Registrar for purposes of 49 C.F.R. § 383.71 one of the following in regard to the applicant’s operation of a commercial motor vehicle, as applicable:
A. 1. If the applicant operates or expects to operate a commercial motor vehicle in interstate or foreign commerce and is subject to and meets the requirements under 49 C.F.R. part 391, the applicant shall self-certify that the applicant is non-excepted interstate and shall provide the Registrar with the original or a copy of a medical examiner’s certificate and each subsequently issued medical examiner’s certificate prepared by a qualified medical examiner to maintain a medically certified status on the applicant’s commercial driver licensing system driver record;
2. If the applicant operates or expects to operate a commercial motor vehicle in interstate commerce, but engages in transportation or operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or 398.3 from all or parts of the qualification requirements of 49 C.F.R. part 391, the applicant shall self-certify that the applicant is excepted interstate and is not required to obtain a medical examiner’s certificate;
B. 1. If the applicant operates only in intrastate commerce and is subject to state driver qualification requirements, the applicant shall self-certify that the applicant is non-excepted intrastate;
2. If the applicant operates only in intrastate commerce and is excepted from all or parts of the state driver qualification requirements, the applicant shall self- certify that the applicant is excepted intrastate.
(2) Notwithstanding the expiration date on a person’s commercial driver’s license or commercial driver’s license temporary instruction permit, every commercial driver’s license or commercial driver’s license temporary instruction permit holder shall provide the Registrar with the certification required by this section on or after January 30, 2012, but prior to January 30, 2014.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4506.10(A), (E))
(a) No person who holds a commercial driver’s license or commercial driver’s license temporary instruction permit or who operates a motor vehicle for which a commercial driver’s license or permit is required shall do any of the following:
(1) Drive a commercial motor vehicle while having a measurable or detectable amount of alcohol or of a controlled substance in the person’s blood, breath, or urine;
(2) Drive a commercial motor vehicle while having an alcohol concentration of 0.04% or more by whole blood or breath;
(3) Drive a commercial motor vehicle while having an alcohol concentration of .048% or more by blood serum or blood plasma;
(4) Drive a commercial motor vehicle while having an alcohol concentration of .056% or more by urine;
(5) Drive a motor vehicle while under the influence of a controlled substance;
(6) Drive a motor vehicle in violation of Ohio R.C. 4511.19 or a municipal O.V.I. ordinance as defined in Ohio R.C. 4511.181;
(7) Use a motor vehicle in the commission of a felony;
(8) Refuse to submit to a test under Ohio R.C. 4506.17 or Ohio R.C. 4511.191, or any substantially similar municipal ordinance;
(9) Operate a commercial motor vehicle while the person’s commercial driver’s license or permit or other commercial driving privileges are revoked, suspended, cancelled or disqualified;
(10) Cause a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the offenses of aggravated vehicular homicide, vehicular homicide and vehicular manslaughter;
(11) Fail to stop after an accident in violation of Ohio R.C. 4549.02 to 4549.03, or any substantially similar municipal ordinance;
(12) Drive a commercial motor vehicle in violation of any provision of Ohio R.C. 4511.61 to 4511.63 or any federal or local law or ordinance pertaining to railroad-highway grade crossings;
(13) Use a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance as defined in Ohio R.C. 3719.01 or the possession with intent to manufacture, distribute, or dispense a controlled substance;
(14) Use a commercial motor vehicle in the commission of a violation of R.C. § 2905.32 or any other substantially equivalent offense established under federal law or the laws of another state.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(c) The offenses established under this section are strict liability offenses and R.C. § 2901.20 does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(R.C. § 4506.15)
Statutory reference:
Alcohol or controlled substance testing, disqualification of drivers, see Ohio R.C. 4506.17
Disqualification of drivers for violations, see Ohio R.C. 4506.16
(a) The provisions of 49 C.F.R. 383, Subpart C (Notification Requirements and Employer Responsibilities), as amended, shall apply to all commercial drivers or persons who apply for employment as commercial drivers. No person shall fail to make a report to the person's employer as required by this section.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4506.19)
(a) Each employer shall require every applicant for employment as a driver of a commercial vehicle to provide the applicant's employment history for the 10 years preceding the date the employment application is submitted to the prospective employer. The following information shall be submitted:
(1) A list of the names and addresses of the applicant's previous employers for which the applicant was the operator of a commercial motor vehicle;
(2) The dates the applicant was employed by these employers;
(3) The reason for leaving each of these employers.
(b) No employer shall knowingly permit or authorize any driver employed by the employer to drive a commercial motor vehicle during any period in which any of the following apply:
(1) The driver's commercial driver's license is suspended, revoked, or cancelled by any state or a foreign jurisdiction;
(2) The driver has lost the privilege to drive, or currently is disqualified from driving, a commercial motor vehicle in any state or foreign jurisdiction;
(3) The driver, the commercial motor vehicle the driver is driving, or the motor carrier operation is subject to an out-of-service order in any state or a foreign jurisdiction;
(4) The driver has more than one driver's license.
(c) No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of Ohio R.C. 4506.15.
(d) No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle if the driver does not hold a valid, current commercial driver’s license or commercial driver’s license temporary instruction permit bearing the proper class or endorsements for the vehicle. No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of the restrictions on the driver’s commercial driver’s license or commercial driver’s license temporary instruction permit.
(e) Whoever violates division (a), (b), or (d) of this section is guilty of a misdemeanor of the first degree.
(f) Whoever violates division (c) of this section is guilty of a felony to be prosecuted under appropriate State law.
(ORC 4506.20)
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