(a) Whoever violates Ohio R.C. 4506.15(A) or a similar law of another state or a foreign jurisdiction, immediately shall be placed out-of-service for twenty-four hours, in addition to any disqualification required by this section and any other penalty imposed by the Revised Code.
(b) The Registrar of Motor Vehicles shall disqualify any person from operating a commercial vehicle as follows:
(1) Upon a first conviction for a violation of Ohio R.C. 4506.15(B) to (G) or a similar law of another state or a foreign jurisdiction, one year, in addition to any penalty imposed by the Revised Code;
(2) Upon a first conviction for a violation of Ohio R.C. 4506.15(H) or similar law of another state or a foreign jurisdiction, three years, in addition to any other penalty imposed by the Revised Code;
(3) Upon a second conviction for a violation of Ohio R.C. 4506.15(B) to (G) or a similar law of another state or a foreign jurisdiction, or any combination of such violations arising from two or more separate incidents, the person shall be disqualified for life or for any other period of time as determined by the United States Secretary of Transportation and designated by the Director of Public Safety by rule, in addition to any other penalty imposed by the Revised Code;
(4) Upon conviction of a violation of Ohio R.C. 4506.15(E) or a similar law of another state or a foreign jurisdiction in connection with the manufacture, distribution, or dispensing of a controlled substance or the possession with intent to manufacture, distribute or dispense such a substance, the person shall be disqualified for life, in addition to any other penalty imposed by the Revised Code.
(5) Upon conviction of two serious traffic violations involving the operation of a commercial motor vehicle by the person and arising from separate incidents occurring in a three-year period, the person shall be disqualified for sixty days, in addition to any other penalty imposed by the Revised Code;
(6) Upon conviction of three serious traffic violations involving the operation of a commercial motor vehicle by the person and arising from separate incidents occurring in a three-year period, the person shall be disqualified for one hundred twenty-days, in addition to any other penalty imposed by the Revised Code.
(c) For the purposes of this section, conviction of a violation for which disqualification is required may be evidence by any of the following;
(1) A judgment entry of a court of competent jurisdiction;
(2) An administrative order of a State agency having statutory jurisdiction over commercial drivers;
(3) A computer record obtained from or through the commercial driver’s license information system;
(4) A computer record obtained from or through a State agency having statutory jurisdiction over commercial drivers or the records of commercial drivers.
(d) Any record described in subsection (c) hereof shall be deemed to be self- authenticating when it is received by the Bureau of Motor Vehicles.
(e) When disqualifying a driver, the Registrar shall cause the records of the bureau to be updated to reflect that action within ten days after it occurs.
(f) The Registrar immediately shall notify a driver who is finally convicted of any offense described in Ohio R.C. 4506.15 or subsections (b)(4), (5) or (6) of this section and thereby is subject to disqualification, of the offense or offenses involved, of the length of time for which disqualification is to be imposed, and that the driver may request a hearing within thirty days of the mailing of the notice to show cause why he should not be disqualified from operating a commercial motor vehicle. If a request for such a hearing is not made within thirty days of the mailing of the notice, the order of disqualification is final. The Registrar may designate hearing examiners who, after affording all parties reasonable notice, shall conduct a hearing to determine whether the disqualification order is supported by reliable evidence. The Registrar shall adopt rules to implement this section.
(g) Any driver who is disqualified under this section may apply to the Registrar for a driver’s license to operate a motor vehicle other than a commercial motor vehicle, provided his commercial driver’s license is not otherwise suspended or revoked.
(Ord. 189-00. Passed 11-27-00.)