(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 conditions established under Ohio R.C. 4507.05(A).
(b) Except as provided in division (c) of this section, 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 18 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 6:00 a.m.
(c) The holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A) on or after July 1, 1998, who has not attained the age of 18 years, may operate a motor vehicle upon a highway or any public or private property used by the public for purposed of vehicular travel or parking between the hours of midnight and 6:00 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.
(ORC 4507.05(F))
(d) 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 as required by Ohio R.C. 4507.05(A), or for the sole purpose of issuing a ticket, citation or summons if the requirement in Ohio R.C. 4507.05(A) 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.
(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 a violation of division (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 of or commencing a prosecution of a person for such violation.
(f) As used in this section, “occupant restraining device” has the same meaning as in Section 438.29.
(ORC 4507.05; Adopting Ordinance)
(g) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
(Ord. 00-048. Passed 12-27-00.)