335.031 DRIVING WITH PROBATIONARY LICENSE; CURFEW.

   (a)   (1)   A.   No holder of a probationary driver’s license who has held the license for less than twelve months 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 six 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 held the license for twelve months or longer 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 one a.m. and five a.m. unless the holder is accompanied by the holder’s parent or guardian.

      (2)   A.   Subject to subsection (c)(1) of this section, subsection (a)(1)A. of this section does not apply to the holder of a probationary driver’s license who is doing either of the following:

            1.   Traveling to or from work between the hours of midnight and six a.m. provided that the holder has in the holder’s immediate possession written documentation from the holder’s employer.

            2.   Traveling to or from an official function sponsored by the school the holder attends between the hours of midnight and six a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official of the school;

            3.   Traveling to or from an official religious event between the hours of midnight and six a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.

         B.   Subsection (a)(1)B. of this section does not apply to the holder of a probationary driver’s license who is doing either of the following:

            1.   Traveling to or from work between the hours of one a.m. and five a.m., provided that the holder has in the holder’s immediate possession written documentation from the holder’s employer.

            2.   Traveling to or from an official function sponsored by the school the holder attends between the hours of one a.m. and five a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official of the school;

            3.   Traveling to or from an official religious event between the hours of one a.m. and five a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.

      (3)   An employer, school official or official affiliated with a religious event 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, school official, or official affiliated with a religious event provided the holder of a probationary driver’s license with the written documentation described in subsection (a)(2) of this section.

The Registrar of Motor Vehicles shall make available at no cost a form to serve as the written documentation described in subsection (a)(2) of this section, and employers, school officials, officials affiliated with religious events, 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 subsection.

      (4)   No holder of a probationary driver’s license who has held the license for less than twelve months 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 subsection (a)(1)A. or B. of this section if, at the time of the violation, an emergency existed that required the holder of the probationary driver’s license to operate a motor vehicle in violation of subsection (a)(1)A. or B. of this section; or the holder was an emancipated minor.

   (c)   (1)   If a person is issued a probationary driver’s license prior to attaining the age of seventeen 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 court with jurisdiction over the violation may order that 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 travel or parking for a period not to exceed six months or the date the holder attains the age of seventeen years, whichever occurs first.

      (2)   Any person who is subject to the operating restrictions established under subsection (c)(1) of this section as a result of a first moving violation may petition the court for driving privileges without being accompanied by the holder’s parent or guardian during the period of time determined by the court under that subsection. In granting the driving privileges, the court shall specify the purposes of the privileges and shall issue the person appropriate forms setting forth the privileges granted. If a person is convicted of, pleads guilty to, or is adjudicated in juvenile court of having committed a second or subsequent moving violation, the court with jurisdiction over the violation may terminate any driving privileges previously granted under this division.

      (3)   No person shall violate any operating restriction imposed under subsection (c)(1) or (2) of this section.

         (Ord. 99-15. Passed 11-23-15.)

   (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)   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 asrequired by subsection (d) hereof, or for the sole purpose of issuing a ticket, citation, or summons if the requirement in that subsection 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.

   (f)   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 (a)(1)A. or 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.

   (g)   As used in this section:

      (1)   “Occupant restraining device” has the same meaning as in Ohio R.C. 4513.263.

      (2)   “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 or 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.

      (3)   “Moving violation” means any violation of any statute or ordinance that regulates the operation of vehicles, streetcars, or trackless trolleys 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.

   (h)   Whoever violates this section is guilty of a minor misdemeanor.

(ORC 4507.071; Ord. 145-09. Passed 12-14-09.)