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§ 71.20 PROHIBITED ACTS.
   (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, reprint, or duplicate thereof, knowingly conceal a material fact or present any physician’s statement required under 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.
(R.C. § 4507.30) (Prior Code, § 436.04)
Statutory reference:
   Use of license to violate liquor laws; suspension; procedures, see R.C. § 4510.33
§ 71.21 PERMITTING MINOR TO OPERATE VEHICLE PROHIBITED; TEMPORARY INSTRUCTION PERMIT; PROBATIONARY LICENSE.
   (A)   No person shall cause or knowingly permit any minor to drive a motor vehicle upon a highway as an operator, unless the minor has first obtained a license or permit to drive a motor vehicle under R.C. Chapter 4507.
(R.C. § 4507.31(A))
   (B)   (1)   No holder of a temporary instruction permit issued under 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 R.C. § 4507.05(A).
      (2)   (a)   Except as provided in division (B)(2)(b) of this section, no holder of a temporary instruction permit that is issued under 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.
         (b)   The holder of a temporary instruction permit issued under 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, is actually occupying a 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 R.C. § 4511.19(A).
(R.C. § 4507.05(F))
   (C)   (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 (E)(1) of this section, division (C)(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 (C)(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 (C)(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 (C)(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.
   (D)   It is an affirmative defense to a violation of division (C)(1)(a) or (C)(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 (C)(1)(a) or (C)(1)(b) of this section or the holder was an emancipated minor.
   (E)   (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 (E)(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 (E)(1) or (E)(2) of this section.
   (F)   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.
   (G)   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.
   (H)   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 (F) 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.
   (I)   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 (C)(1)(a) or (C)(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.
   (J)   As used in this section:
      FAMILY MEMBER. A 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 R.C. § 4507.05.
      MOVING VIOLATION. Means any violation of any statute or ordinance that regulates the operation of vehicles on the highways or streets. The term does not include a violation of R.C. § 4513.263 or a substantially equivalent municipal ordinance, or a violation of any statute or ordinance regulating pedestrians or the parking of vehicles, vehicle size or load limitations, vehicle fitness requirements, or vehicle registration.
      OCCUPANT RESTRAINING DEVICE. Has the same meaning as in R.C. § 4513.263.
(R.C. § 4507.071(B) - (I))
   (K)   (1)   Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 4507.31(B))
      (2)   Whoever violates divisions (B), (C)(1), (C)(4), (E)(3), or (F) of this section is guilty of a minor misdemeanor.
(R.C. §§ 4507.05(I), 4507.071(J))
(Prior Code, §§ 436.03, 436.035)
§ 71.22 LICENSE REQUIRED AS DRIVER OR COMMERCIAL DRIVER ON PUBLIC OR PRIVATE PROPERTY; NONRESIDENT EXEMPTION.
   (A)   (1)   (a)   No person shall permit the operation of a motor vehicle upon any public or private property used by the public for purposes of vehicular travel or parking, knowing the operator does not have a valid driver’s license issued to the operator by the Registrar of Motor Vehicle or a deputy registrar under R.C. Chapter 4507 or a valid commercial driver’s license issued under R.C. Chapter 4506. Except as otherwise provided in this division, whoever violates this division is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to § 130.18, § 130.99 or R.C. §§ 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to § 130.99(E) or R.C. § 2929.26; notwithstanding § 130.99(G)(1)(b)1. and R.C. § 2929.28(A)(2)(a), the offender may be fined up to $1,000; and, notwithstanding § 130.99(F)(1)(c) and R.C. § 2929.27(A)(3), the offender may be ordered pursuant to § 130.99(F)(3) or R.C. § 2929.27(C) to serve a term of community service of up to 500 hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under R.C. § 2705.02(A) that may be filed in the underlying case.
         (b)   If, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
      (2)   No person shall receive a driver’s license, or a motorcycle operator’s endorsement of a driver’s or commercial driver’s license, temporary instruction permit, or identification card unless and until the person surrenders to the Registrar or a deputy registrar all valid licenses, temporary instruction permits, and identification cards issued to the person by another jurisdiction recognized by this state.
      (3)   The Registrar shall report the cancellation of a license, temporary instruction permit, or identification card to the issuing authority, together with information that the license, temporary instruction permit, or identification card is now issued in this state. The Registrar or a deputy registrar shall destroy any such license, temporary instruction permit, or identification card that is not returned to the issuing authority.
      (4)   No person shall possess more than one valid license, temporary instruction permit, or identification card at any time.
(R.C. § 4507.02(A))
   (B)   (1)   No person shall be required to obtain a driver’s or commercial driver’s license for the purpose of temporarily driving, operating, drawing, moving, or propelling a road roller or road machinery upon a street or highway.
      (2)   No person shall be required to obtain a driver’s or commercial driver’s license for the purpose of temporarily driving, operating, drawing, moving, or propelling any agricultural tractor or implement of husbandry upon a street or highway at a speed of 25 miles per hour or less.
      (3)   No person shall drive, operate, draw, move, or propel any agricultural tractor or implement of husbandry upon a street or highway at a speed greater than 25 miles per hour unless the person has a current, valid driver’s or commercial driver’s license.
      (4)   No person having a valid driver’s or commercial driver’s license shall be required to have a motorcycle operator’s endorsement to operate a motorcycle having three wheels with a motor of not more than 50 cubic centimeters piston displacement.
      (5)   No person having a valid driver’s or commercial driver’s license shall be required to have a motorcycle operator’s endorsement to operate an autocycle or a cab-enclosed motorcycle.
      (6)   Every person on active duty in the military or naval forces of the United States, when furnished with a driver’s permit and when operating an official motor vehicle in connection with such duty, is exempt from the license requirements of R.C. Chapters 4506 and 4507. Every person on active duty in the military or naval forces of the United States or in service with the peace corps, volunteers in service to America, or the foreign service of the United States, is exempt from the license requirements of such sections for the period of the person’s active duty or service and for six months thereafter, provided such person was a licensee under such sections at the time the person commenced the person’s active duty or service. This section does not prevent such a person or the person’s spouse or dependent from making an application, as provided in R.C. § 4507.10(C), for the renewal of a driver’s license or motorcycle operator’s endorsement or as provided in R.C. § 4506.14 for the renewal of a commercial driver’s license during the period of the person’s active duty or service.
      (7)   Whoever violates division (B)(3) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 4507.03)
   (C)   Nonresidents, permitted to drive upon the highways of their own state, may operate any motor vehicle upon any highway in this state without examination or license under R.C. §§ 4507.01 through 4507.39, inclusive, upon condition that such nonresident may be required at any time or place to prove lawful possession or their right to operate such motor vehicle, and to establish proper identity.
(R.C. § 4507.04) (Prior Code, § 436.01)
   (D)   Surrender of driver’s license from another state.
      (1)   Any person who becomes a resident of this state, within 30 days of becoming a resident, shall surrender any driver’s license, temporary instruction permit, or identification card issued by another state to the Registrar of Motor Vehicles or a deputy registrar. If such a person intends to operate a motor vehicle upon the public roads or highways, the person shall apply for a temporary instruction permit or driver’s license in this state. If the person fails to apply for a driver’s license or temporary instruction permit or within 30 days of becoming a resident, the person shall not operate any motor vehicle in this state under a license or permit issued by another state.
      (2)   (a)   Whoever violates division (D)(1) of this section is guilty of a minor misdemeanor.
         (b)   The offense established under division (D)(2)(a) of this section is a strict liability offense and strict liability is a culpable mental state for purposes of R.C. § 2901.20. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
      (3)   For purposes of division (D)(1) of this section, “resident” means any person to whom any of the following applies:
         (a)   The person maintains their principal residence in this state and does not reside in this state as a result of the person’s active service in the United States armed forces.
         (b)   The person is determined by the Registrar of Motor Vehicles to be a resident in accordance with standards adopted by the Registrar under R.C. § 4507.01.
(R.C. § 4507.213)
(Prior Code, § 436.02)
§ 71.23 EMPLOYMENT OF A MINOR TO OPERATE A TAXICAB PROHIBITED.
   (A)   Notwithstanding the definition of “chauffeur” in R.C. § 4501.01, no person shall employ any minor for the purpose of operating a taxicab.
   (B)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4507.321)
§ 71.24 RESTRICTION AGAINST OWNER LENDING VEHICLE FOR USE OF ANOTHER.
   (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 R.C. Chapter 4510 or any other provision of the Ohio 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 R.C. Chapter 4509.
      (4)   The offender knows or has reasonable cause to believe that the other person’s act of driving would violate 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 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, and shall be punished as provided in divisions (C) to (H) of this section.
      (1)   Except as provided in division (C)(2) of this section, whoever violates division (A)(1), (A)(2), or (A)(3) of this section is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to § 130.18, § 130.99 or R.C. §§ 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to § 130.99(E) or R.C. § 2929.26; notwithstanding § 130.99(G)(1)(b)1. and R.C. § 2929.28(A)(2)(a), the offender may be fined up to $1,000; and, notwithstanding § 130.99(F)(1)(c) and R.C. § 2929.27(A)(3), the offender may be ordered pursuant to § 130.99(F)(3) or R.C. § 2929.27(C) to serve a term of community service of up to 500 hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under R.C. § 2705.02(A) that may be filed in the underlying case.
      (2)   (a)   If, within three years of a violation of division (A)(1), (A)(2), or (A)(3) of this section, the offender previously has pleaded guilty to or been convicted of two or more violations of division (A)(1), (A)(2), or (A)(3) of this section, R.C. § 4511.203(A)(1), (A)(2), or (A)(3), or a substantially equivalent municipal ordinance, the offender is guilty of a misdemeanor of the first degree.
         (b)   Whoever violates division (A)(4) or (A)(5) of this section is guilty of a misdemeanor of the first degree.
      (3)   For any violation of this section, in addition to the penalties imposed under this Code or R.C. Chapter 2929, the court may impose a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7), and, if the vehicle involved in the offense is registered in the name of the offender, the court may order one of the following:
         (a)   Except as otherwise provided in division (C)(3)(b) or (C)(3)(c) of this section, 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.
         (b)   If the offender previously has been convicted of or pleaded guilty to one violation of this section, R.C. § 4511.203, or a substantially equivalent municipal ordinance, the court may order, for 60 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.
         (c)   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.
      (4)   If title to a motor vehicle that is subject to an order for criminal forfeiture under division (C)(3)(c) of this section is assigned or transferred and R.C. § 4503.234(B)(2) or (B)(3) applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the National Automobile Dealers Association. The proceeds from any fine imposed under this division shall be distributed in accordance with R.C. § 4503.234(C)(2).
   (D)   If a court orders the criminal forfeiture of a vehicle under division (C)(3)(a) or (C)(3)(b) of this section, 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.
   (E)   If a court orders the criminal forfeiture of a vehicle under division (C)(3)(c) of this section, 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.
   (F)   This section does not apply to motor vehicle rental dealers or motor vehicle leasing dealers, as defined in R.C. § 4549.65.
   (G)   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.
   (H)   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.
(R.C. § 4511.203) (Prior Code, § 436.05) (Ord. 248, passed 2-4-1957)
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