Loading...
436.02  POSSESSION OF MORE THAN ONE LICENSE PROHIBITED.
   (a)   No person shall receive a driver's license, or a motorcycle operator's endorsement of a driver's or commercial driver's license, unless and until the person surrenders to the Registrar all valid licenses issued to the person by another jurisdiction recognized by this State.  The Registrar shall report the surrender of a license to the issuing authority, together with information that a license is now issued in this State.  No person shall be permitted to have more than one valid license at any time.
(ORC 4507.02(A)(2))
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4507.99)
436.03  DRIVING WITH TEMPORARY INSTRUCTION PERMIT.
   (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.
436.035  DRIVING WITH PROBATIONARY LICENSE.
   (a)   (1)   A.   No holder of a probationary driver’s license who has held the license for less than 12 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 6:00 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 12 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 1:00 a.m. and 5:00 a.m. unless the holder is accompanied by the holder’s parent or guardian.
      (2)   A.   Subject to division (c)(1) of this section, division (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 6:00 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 6:00 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 6:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.
         B.   Division (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 1:00 a.m. and 5:00 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 1:00 a.m. and 5:00 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 1:00 a.m. and 5:00 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 division (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 division (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 division.
      (4)   No holder of a probationary driver’s license who has held the license for less than 12 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 division (a)(1)A. or (a)(1)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 division (a)(1)A. or (a)(1)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 17 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 17 years, whichever occurs first.
      (2)   Any person who is subject to the operating restrictions established under division (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 division. 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 division (c)(1) or (c)(2) of this section.
   (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)   A restricted license may be issued to a person who is 14 or 15 years of age under proof of hardship satisfactory to the Registrar of Motor Vehicles.
   (f)   Notwithstanding any other provisions 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 as required by division (d) of this section, or for the sole purpose of issuing a ticket, citation or summons if that requirement 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.
   (g)   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 division (a)(1)A. or (a)(1)B. of this section 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 or commencing a prosecution of a person for such a violation.
(ORC 4507.071(B) - (H))
   (h)   As used in this section:
      (1)   “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 of 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.
   (i)   Except as provided in Section 408.01(b) and (c), whoever violates this section is guilty of a minor misdemeanor.
436.04  CERTAIN ACTS PROHIBITED.
   (a)   No person shall do any of the following:
      (1)   Display or cause or permit to be displayed, or possess any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit knowing the same to be fictitious, or to have been canceled, suspended, or altered;
      (2)   Lend to a person not entitled thereto, or knowingly permit a person not entitled thereto to use any identification card, driver's or commercial driver's license, temporary instruction permit or commercial driver's license temporary instruction permit issued to the person so lending or permitting the use thereof;
      (3)   Display, or represent as one's own, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit not issued to the person so displaying the same;
      (4)   Fail to surrender to the Registrar of Motor Vehicles, upon the Registrar's demand, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit that has been suspended or canceled;
      (5)   In any application for an identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit or any renewal or duplicate thereof, knowingly conceal a material fact or present any physician's statement required under Ohio R.C. 4507.08 or 4507.081 when knowing the same to be false or fictitious.
   (b)   Whoever violates any division of this section is guilty of a misdemeanor of the first degree.
(ORC 4507.30)
436.05  OWNER OR OPERATOR ALLOWING ANOTHER TO DRIVE.
   (a)   No person shall permit a motor vehicle owned by the person or under the person's control to be driven by another if any of the following apply:
      (1)   The offender knows or has reasonable cause to believe that the other person does not have a valid driver's or commercial driver's license or permit or valid nonresident driving privileges;
      (2)   The offender knows or has reasonable cause to believe that the other person's driver's or commercial driver's license or permit or nonresident operating privileges have been suspended or canceled under Ohio R.C. Chapter 4510 or any other provision of the Revised Code.
      (3)   The offender knows or has reasonable cause to believe that the other person's act of driving the motor vehicle would violate any prohibition contained in Ohio R.C. Chapter 4509.
      (4)   The offender knows or has reasonable cause to believe that the other person's act of driving would violate Ohio R.C. 4511.19 or any substantially equivalent municipal ordinance.
      (5)   The offender knows or has reasonable cause to believe that the vehicle is the subject of an immobilization waiver order issued under Ohio R.C. 4503.235 and the other person is prohibited from operating the vehicle under that order.
   (b)   Without limiting or precluding the consideration of any other evidence in determining whether a violation of division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section has occurred, it shall be prima facie evidence that the offender knows or has reasonable cause to believe that the operator of the motor vehicle owned by the offender or under the offender's control is in a category described in division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section if any of the following applies:
      (1)   Regarding an operator allegedly in the category described in division (a)(1), (a)(3) or (a)(5) of this section, the offender and the operator of the motor vehicle reside in the same household and are related by consanguinity or affinity.
      (2)   Regarding an operator allegedly in the category described in division (a)(2) of this section, the offender and the operator of the motor vehicle reside in the same household, and the offender knows or has reasonable cause to believe that the operator has been charged with or convicted of any violation of law or ordinance, or has committed any other act or omission, that would or could result in the suspension or cancellation of the operator's license, permit, or privilege.
      (3)   Regarding an operator allegedly in the category described in division (a)(4) of this section, the offender and the operator of the motor vehicle occupied the motor vehicle together at the time of the offense.
   (c)   Whoever violates this section is guilty of wrongful entrustment of a motor vehicle, a misdemeanor of the first degree.
   (d)   If the vehicle involved in the offense is registered in the name of the offender, the court may order one of the following:
      (1)   The court may order, for 30 days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle’s license plates. If issued, the order shall be issued and enforced under R.C. § 4503.233.
      (2)   If the offender previously has been convicted of or pleaded guilty to a violation of this section, R.C. § 4511.203, or a substantially equivalent municipal ordinance, the court may order immobilization of the vehicle involved in the offense and the impoundment of that vehicle’s license plates for a period of up to 90 days. If issued, the order shall be issued and enforced under R.C. § 4503.233.
      (3)   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, R.C. § 4511.203, or a substantially equivalent municipal ordinance, the court may order the criminal forfeiture to the state of the vehicle involved in the offense. If issued, the order shall be issued and enforced under R.C. § 4503.234.
   (e)   If a court orders the criminal forfeiture of a vehicle under this division, the court shall not release the vehicle from the immobilization before the termination of the period of immobilization ordered unless the court is presented with current proof of financial responsibility with respect to that vehicle.
   (f)   If a court orders the criminal forfeiture of a vehicle under this division, upon receipt of the order from the court, neither the Registrar of Motor Vehicles nor any deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the order. The period of denial shall be five years after the date the order is issued, unless, during that five-year period, the court with jurisdiction of the offense that resulted in the order terminates the forfeiture and notifies the Registrar of the termination. If the court terminates the forfeiture and notifies the Registrar, the Registrar shall take all necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer the registration of the vehicle.
   (g)   This section does not apply to motor vehicle rental dealers or motor vehicle leasing dealers, as defined in Ohio R.C. 4549.65.
   (h)   Evidence of a conviction of, plea of guilty to, or adjudication as a delinquent child for a violation of this section shall not be admissible as evidence in any civil action that involves the offender or delinquent child who is the subject of the conviction, plea, or adjudication and that arises from the wrongful entrustment of a motor vehicle.
   (i)   For purposes of this section, a vehicle is owned by a person if, at the time of a violation of this section, the vehicle is registered in the person's name.
436.06  DISPLAY OF LICENSE.
   (a)   The operator of a motor vehicle shall display the operator's driver's license, or furnish satisfactory proof that the operator has a driver's license, upon demand of any peace officer or of any person damaged or injured in any collision in which the licensee may be involved.  When a demand is properly made, and the operator has the operator's driver's license on or about the operator's person, the operator shall not refuse to display the license.  A person's failure to furnish satisfactory evidence that the person is licensed under Ohio R.C. Chapter 4507 when the person does not have the person's license on or about the person's person shall be prima facie evidence of the person's not having obtained a driver's license.
   (b)   Except as provided in Section 408.01(b) and (c), whoever violates this section is guilty of a minor misdemeanor.
Loading...