(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 15 years 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, 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) The holder of a temporary instruction permit may only operate a motor vehicle during the hours provided in Ohio R.C. 4507.05(F).
(c) Except as provided in Section 408.01(b) and (c), whoever violates this section is guilty of a minor misdemeanor.