(a) No holder of a temporary instruction 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 following conditions:
(1) If the permit is issued to a person who is at least fifteen years six months of age, but less than sixteen 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 sixteen 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 twenty-one 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) Except as provided in subsection (b) hereof, 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 eighteen 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 six a.m.
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 eighteen 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 six 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 Section 334.01(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 Education or a driver training 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 twenty-one 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. (ORC 4507.05)
(d) Whoever violates this section is guilty of a misdemeanor of the first degree.