Skip to code content (skip section selection)
Compare to:
Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
Loading...
341.07 INFORMATION REQUIRED OF PROSPECTIVE DRIVERS BY EMPLOYERS; UNAUTHORIZED DRIVING.
   (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)
341.08 AUTHORITY OF PEACE OFFICERS RE DRUNK DRIVING.
   (a)   Within the jurisdictional limits of the appointing authority, any peace officer shall stop and detain any person found violating Ohio R.C. 4506.15, or any substantially equivalent municipal ordinance, without obtaining a warrant. When there is reasonable ground to believe that a violation of Ohio R.C. 4506.15, or any substantially equivalent municipal ordinance, has been committed and a test or tests of the person's whole blood, blood plasma or blood serum, breath or urine is necessary, the peace officer shall take the person to an appropriate place for testing. If a person refuses to submit to a test after being warned as provided in Ohio R.C. 4506.17(C), or submits to a test that discloses the presence of a controlled substance or an alcohol concentration of 0.04% or more, by whole blood or breath, an alcohol concentration of .048% or more by blood serum or blood plasma, or an alcohol concentration of .056% or more by urine, the peace officer shall require that the person immediately surrender the person's commercial driver's license to the peace officer.
   (b)   As used in this section, "jurisdictional limits" means the limits within which a peace officer may arrest and detain a person without a warrant under Ohio R.C. 2935.03, except that the Superintendent and the troopers of the State Highway Patrol may stop and detain, without warrant, any person who, in the presence of the Superintendent or any trooper, is engaged in a violation of any of the provisions of this subchapter or Ohio R.C. Chapter 4506.
(ORC 4506.23)
341.09 PERMITTING OR DRIVING WHILE FATIGUED OR ILL PROHIBITED.
   (a)   No person shall drive a commercial motor vehicle, as defined in Ohio R.C. 4506.01, or a commercial car or commercial tractor, as defined in Ohio R.C. 4501.01, while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle. No driver shall use any drug which would adversely affect the driver's ability or alertness.
   (b)   No owner, as defined in Ohio R.C. 4501.01, of a commercial motor vehicle, commercial car or commercial tractor, or a person employing or otherwise directing the driver of such vehicle, shall require or knowingly permit a driver in any such condition described in division (a) of this section to drive such vehicle upon any street or highway.
   (c)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or Ohio R.C. 4511.79, or Ohio R.C. 4511.63, 4511.76, 4511.761, 4511.762, 4511.764, or 4511.77 or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 4511.79)
341.10 DRIVER'S CONSECUTIVE SERVICE AND OFF-DUTY HOURS. (REPEALED)
   (EDITOR'S NOTE: Section 341.10 was repealed as part of the 1992 updating and revision of these Codified Ordinances because substantially equivalent State law (ORC 4511.80) was repealed by the General Assembly by Sub. S.B. No. 382, effective December 31, 1990.)
341.99 PENALTY.
   (EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)