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(a) No person who holds a valid commercial driver’s license shall drive a commercial motor vehicle unless the person is physically qualified to do so.
(1) Any person applying for a commercial driver’s license or commercial driver’s license temporary instruction permit, the renewal or upgrade of a commercial driver’s license or commercial driver’s license temporary instruction permit, or the transfer of a commercial driver’s license from out of state shall self-certify to the Registrar for purposes of 49 C.F.R. § 383.71 one of the following in regard to the applicant’s operation of a commercial motor vehicle, as applicable:
A. 1. If the applicant operates or expects to operate a commercial motor vehicle in interstate or foreign commerce and is subject to and meets the requirements under 49 C.F.R. part 391, the applicant shall self-certify that the applicant is non- excepted interstate and shall provide the Registrar with the original or a copy of a medical examiner’s certificate and each subsequently issued medical examiner’s certificate prepared by a qualified medical examiner to maintain a medically certified status on the applicant’s commercial driver licensing system driver record;
2. If the applicant operates or expects to operate a commercial motor vehicle in interstate commerce, but engages in transportation or operations excepted under 49 C.F.R. §§ 390.3(f), 391.2, 391.68, or 398.3 from all or parts of the qualification requirements of 49 C.F.R. part 391, the applicant shall self-certify that the applicant is excepted interstate and is not required to obtain a medical examiner’s certificate;
B. 1. If the applicant operates only in intrastate commerce and is subject to state driver qualification requirements, the applicant shall self-certify that the applicant is non-excepted intrastate;
2. If the applicant operates only in intrastate commerce and is excepted from all or parts of the state driver qualification requirements, the applicant shall self- certify that the applicant is excepted intrastate.
(2) Notwithstanding the expiration date on a person’s commercial driver’s license or commercial driver’s license temporary instruction permit, every commercial driver’s license or commercial driver’s license temporary instruction permit holder shall provide the Registrar with the certification required by this section on or after January 30, 2012, but prior to January 30, 2014.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4506.10(A), (E))
(a) The provisions of 49 C.F.R. Part 383, Subpart C (Notification Requirements and Employer Responsibilities), as amended, shall apply to all commercial drivers or persons who apply for employment as commercial drivers. No person shall fail to make a report to the person’s employer as required by this section.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4506.19)
(a) Within the jurisdictional limits of the appointing authority, any peace officer shall stop and detain any person found violating R.C. § 4506.15, or any substantially equivalent municipal ordinance, without obtaining a warrant. When there is reasonable ground to believe that a violation of R.C. § 4506.15, or any substantially equivalent municipal ordinance, has been committed and a test or tests of the person’s whole blood, blood plasma or blood serum, breath or urine is necessary, the peace officer shall take the person to an appropriate place for testing. If a person refuses to submit to a test after being warned as provided in R.C. § 4506.17(C), or submits to a test that discloses the presence of a controlled substance or an alcohol concentration of 0.04% or more by whole blood or breath, an alcohol concentration of 0.048% or more by blood serum or blood plasma, or an alcohol concentration of 0.056% or more by urine, the peace officer shall require that the person immediately surrender the person’s commercial driver’s license to the peace officer.
(b) As used in this section,
JURISDICTIONAL LIMITS means the limits within which a peace officer may arrest and detain a person without a warrant under R.C. § 2935.03, except that the Superintendent and the troopers of the State Highway Patrol may stop and detain, without warrant, any person who, in the presence of the Superintendent or any trooper, is engaged in a violation of any of the provisions of R.C. Chapter 4506.
(R.C. § 4506.23)
(a) No person shall drive a commercial motor vehicle, as defined in R.C. § 4506.01, or a commercial car or commercial tractor, as defined in R.C. § 4501.01, while the person’s ability or alertness is so impaired by fatigue, illness or other causes that it is unsafe for the person to drive the vehicle. No driver shall use any drug which would adversely affect the driver’s ability or alertness.
(b) No owner, as defined in R.C. § 4501.01, of a commercial motor vehicle, commercial car or commercial tractor, or a person employing or otherwise directing the driver of the vehicle, shall require or knowingly permit a driver in any such condition described in division (a) of this section to drive the vehicle upon any street or highway.
(c) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or R.C. § 4511.79, or R.C. § 4511.63, § 4511.76, § 4511.761, § 4511.762, § 4511.764 or § 4511.77, or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 4511.79)
Editor’s note:
See § 303.99 for general Traffic Code penalty if no specific penalty is provided.