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§ 71.28 DRIVING UNDER SUSPENSION OR IN VIOLATION OF LICENSE RESTRICTION.
   (A)   Driving under suspension or in violation of license restriction.
      (1)   Except as provided in division (A)(2) of this section, division (B) of this section, § 71.31 and in R.C. §§ 4510.111 and 4510.16, no person whose driver’s or commercial driver’s license or permit or nonresident operating privilege has been suspended under any provision of the Ohio Revised Code, other than R.C. Chapter 4509, or under any applicable law in any other jurisdiction in which the person’s license or permit was issued shall operate any motor vehicle upon the public roads and highways or upon any public or private property used by the public for purposes of vehicular travel or parking within this municipality during the period of suspension unless the person is granted limited driving privileges and is operating the vehicle in accordance with the terms of the limited driving privileges.
      (2)   No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this municipality in violation of any restriction of the person’s driver’s or commercial driver’s license or permit imposed under R.C. § 4506.10(D) or 4507.14.
      (3)   Upon the request or motion of the prosecuting authority, a non-certified copy of the law enforcement automated data system report or a non-certified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of division (A)(1) or (A)(2) of this section may be admitted into evidence as prima facie evidence that the license of the person was under suspension at the time of the alleged violation of division (A)(1) of this section or the person operated a motor vehicle in violation of a restriction at the time of the alleged violation of division (A)(2) of this section. The person charged with a violation of division (A)(1) or (A)(2) of this section may offer evidence to rebut this prima facie evidence.
      (4)   (a)   Whoever violates division (A)(1) or (A)(2) of this section is guilty of a misdemeanor of the first degree. The court may impose upon the offender 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).
         (b)   1.   Except as provided in division (A)(4)(b)2. or (A)(4)(b)3. of this section, the court, in addition to any other penalty that it imposes on the offender and if the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to one violation of this section, R.C. § 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the court, in addition to or independent of any other sentence that it imposes upon the offender, may order the immobilization of the vehicle involved in the offense for 30 days and the impoundment of that vehicle’s license plates for 30 days in accordance with R.C. § 4503.233.
            2.   If the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two violations of this section, or any combination of two violations of this section, R.C. § 4510.11, 4510.111 or 4510.16, or of a substantially equivalent municipal ordinance, the court, in addition to any other sentence that it imposes on the offender, may order the immobilization of the vehicle involved in the offense for 60 days and the impoundment of that vehicle’s license plates for 60 days in accordance with R.C. § 4503.233.
            3.   If the vehicle is registered in the offender’s name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of this section, or any combination of three or more violations of this section or R.C. § 4510.11, 4510.111 or 4510.16, or of a substantially equivalent municipal ordinance, the court, in addition to any other sentence that it imposes on the offender, may order the criminal forfeiture of the vehicle involved in the offense to the state.
      (5)   Any order for immobilization and impoundment under this section shall be issued and enforced under R.C. §§ 4503.233 and 4507.02, as applicable. The court shall not release a vehicle from immobilization ordered under this section unless the court is presented with current proof of financial responsibility with respect to that vehicle.
      (6)   Any order of criminal forfeiture under this section shall be issued and enforced under R.C. § 4503.234. Upon receipt of the copy of the order from the court, neither the Registrar of Motor Vehicles nor a 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 declaration of forfeiture. The period of registration denial shall be five years after the date of the order, unless, during that period, the court having jurisdiction of the offense that led to the order terminates the forfeiture and notifies the Registrar of the termination. The Registrar then shall take necessary measures to permit the person to register a vehicle owned or leased by the person or to transfer registration of the vehicle.
      (7)   The offender shall provide the court with proof of financial responsibility as defined in R.C. § 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to § 130.99(G) or R.C. § 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during, or after committing the offense for which the offender is sentenced under this section.
(R.C. § 4510.11)
   (B)   Driving under suspension in violation of other provisions.
      (1)   No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this municipality whose driver’s or commercial driver’s license has been suspended pursuant to R.C. § 2151.354, 2151.87, 2935.27, 3123.58, 4301.99, 4510.032, 4510.22, or 4510.33, or a substantially equivalent municipal ordinance.
      (2)   Upon the request or motion of the prosecuting authority, a non-certified copy of the law enforcement automated data system report or a non-certified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of division (B)(1) of this section may be admitted into evidence as prima facie evidence that the license of the person was under suspension at the time of the alleged violation of division (B)(1) of this section. The person charged with a violation of division (B)(1) of this section may offer evidence to rebut this prima facie evidence.
      (3)   Whoever violates division (B)(1) of this section is guilty of driving under suspension and shall be punished as provided in division (B)(3)(a) or division (B)(3)(b) of this section.
         (a)   Except as otherwise provided in division (B)(3)(b) of this section, 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 was convicted of or pleaded guilty to two or more violations of division (B)(1) of this section, or any combination of two or more violations of division (B)(1) of this section, R.C. § 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree, and the offender shall provide the court with proof of financial responsibility as defined in R.C. § 4509.01. If the offender fails to provide that proof of financial responsibility, then in addition to any other penalties provided by law, the court may order restitution pursuant to R.C. § 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during, or after committing the offense for which the offender is sentenced under this section.
(R.C. § 4510.111)
   (C)   Repeat traffic offender; point system suspension. Any person whose driver’s or commercial driver’s license or permit or nonresident operating privileges are suspended as a repeat traffic offender under R.C. § 4510.037 and who, during the suspension, operates any motor vehicle upon any public roads and highways is guilty of driving under a twelve-point suspension, a misdemeanor of the first degree. The court shall sentence the offender to a minimum term of three days in jail. No court shall suspend the first three days of jail time imposed pursuant to this division.
(R.C. § 4510.037(J))
   (D)   It is an affirmative defense to any prosecution brought under division (A) of this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(R.C. § 4510.04)
(Prior Code, § 436.071)
§ 71.29 OPERATING MOTOR VEHICLE OR MOTORCYCLE WITHOUT VALID LICENSE.
   (A)   (1)   No person, except those expressly exempted under R.C. §§ 4507.03, 4507.04, and 4507.05, shall operate any motor vehicle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this municipality unless the person has a valid driver’s license issued under R.C. Chapter 4507 or a commercial driver’s license issued under R.C. Chapter 4506.
      (2)   No person, except a person expressly exempted under R.C. §§ 4507.03, 4507.04, and 4507.05, shall operate any motorcycle upon a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking in this municipality unless the person has a valid license as a motorcycle operator that was issued upon application by the Registrar of Motor Vehicles under R.C. Chapter 4507. The license shall be in the form of an endorsement, as determined by the Registrar, upon a driver’s or commercial driver’s license, if the person has a valid license to operate a motor vehicle or commercial motor vehicle, or in the form of a restricted license as provided in R.C. § 4507.14, if the person does not have a valid license to operate a motor vehicle or commercial motor vehicle.
   (B)   Upon the request or motion of the prosecuting authority, a non-certified copy of the law enforcement automated data system report or a non-certified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of division (A)(1) or (A)(2) of this section may be admitted into evidence as prima facie evidence that the person did not have either a valid driver’s or commercial driver’s license at the time of the alleged violation of division (A)(1) of this section or a valid license as a motorcycle operator either in the form of an endorsement upon a driver’s or commercial driver’s license or a restricted license at the time of the alleged violation of division (A)(2) of this section. The person charged with a violation of division (A)(1) or (A)(2) of this section may offer evidence to rebut this prima facie evidence.
   (C)   Whoever violates this section is guilty of operating a motor vehicle or motorcycle without a valid license and shall be punished as follows:
      (1)   If the trier of fact finds that the offender never has held a valid driver’s or commercial driver’s license issued by this state or any other jurisdiction, or, in a case involving the operation of a motorcycle by the offender, if the offender has never held a valid license as a motorcycle operator, either in the form of an endorsement upon a driver’s or commercial driver’s license or in the form of a restricted license, except as otherwise provided in this division, the offense is 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. If the offender previously has been convicted of or pleaded guilty to any violation of this section or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
      (2)   If the offender’s driver’s or commercial driver’s license or permit or, in a case involving the operation of a motorcycle by the offender, the offender’s driver’s or commercial driver’s license bearing the motorcycle endorsement or the offender’s restricted license was expired at the time of the offense, except as otherwise provided in this division, the offense is a minor misdemeanor. 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.
   (D)   The court shall not impose a license suspension for a first violation of this section or if more than three years have passed since the offender’s last violation of R.C. § 4510.12, this section, or a substantially equivalent municipal ordinance.
   (E)   If the offender is sentenced under division (C)(2) of this section, if within three years of the offense the offender previously was convicted of or pleaded guilty to one or more violations of R.C. § 4510.12, this section, or a substantially equivalent municipal ordinance, and if the offender’s license was expired for more than six months at the time of the offense, 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).
(R.C. § 4510.12) (Prior Code, § 436.072)
§ 71.30 DRIVING UNDER OVI SUSPENSION.
   (A)   No person whose driver’s or commercial driver’s license or permit or nonresident operating privilege has been suspended under R.C. § 4511.19, 4511.191, or 4511.196 or under R.C. § 4510.07 for a conviction of a violation of a municipal OVI ordinance shall operate any motor vehicle upon the public roads or highways within this municipality during the period of the suspension.
   (B)   Whoever violates this section is guilty of driving under OVI suspension. The court shall sentence the offender under R.C. Chapter 2929, subject to the differences authorized or required by this section.
      (1)   Except as otherwise provided in division (B)(2) or (B)(3) of this section, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
         (a)   A mandatory jail term of three consecutive days. The three-day term shall be imposed, unless, subject to division (C) of this section, the court instead imposes a sentence of not less than 30 consecutive days of house arrest with electronic monitoring. A period of house arrest with electronic monitoring imposed under this division shall not exceed six months. If the court imposes a mandatory three-day jail term under this division, the court may impose a jail term in addition to that term, provided that in no case shall the cumulative jail term imposed for the offense exceed six months;
         (b)   A fine of not less than $250 and not more than $1,000;
         (c)   A license suspension under division (E) of this section;
         (d)   If the vehicle the offender was operating at the time of the offense is registered in the offender’s name, immobilization for 30 days of the offender’s vehicle and impoundment for 30 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with R.C. § 4503.233.
      (2)   If, within six years of the offense, the offender previously has been convicted of or pleaded guilty to one violation of this section or one equivalent offense, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
         (a)   A mandatory jail term of ten consecutive days. Notwithstanding the jail terms provided in R.C. §§ 2929.21 through 2929.28, the court may sentence the offender to a longer jail term of not more than one year. The ten-day mandatory jail term shall be imposed unless, subject to division (C) of this section, the court instead imposes a sentence of not less than 90 consecutive days of house arrest with electronic monitoring. The period of house arrest with electronic monitoring shall not exceed one year;
         (b)   Notwithstanding the fines provided for in R.C. Chapter 2929, a fine of not less than $500 and not more than $2,500;
         (c)   A license suspension under division (E) of this section;
         (d)   If the vehicle the offender was operating at the time of the offense is registered in the offender’s name, immobilization of the offender’s vehicle for 60 days and the impoundment for 60 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with R.C. § 4503.233.
      (3)   If, within six years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or two or more equivalent offenses, driving under OVI suspension is a misdemeanor. The court shall sentence the offender to all of the following:
         (a)   A mandatory jail term of 30 consecutive days. Notwithstanding the jail terms provided in R.C. §§ 2929.21 through 2929.28, the court may sentence the offender to a longer jail term of not more than one year. The court shall not sentence the offender to a term of house arrest with electronic monitoring in lieu of the mandatory portion of the jail term;
         (b)   Notwithstanding the fines set forth in R.C. Chapter 2929, a fine of not less than $500 and not more than $2,500;
         (c)   A license suspension under division (E) of this section;
         (d)   If the vehicle the offender was operating at the time of the offense is registered in the offender’s name, criminal forfeiture to the state of the offender’s vehicle. The order of criminal forfeiture shall be issued and enforced in accordance with R.C. § 4503.234. If title to a motor vehicle that is subject to an order for criminal forfeiture under this division is assigned or transferred and R.C. § 4503.234(B)(2) or (B)(3) applies, 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 so imposed shall be distributed in accordance with R.C. § 4503.234(C)(2).
   (C)   (1)   No court shall impose an alternative sentence of house arrest with electronic monitoring under division (B)(1) or (B)(2) of this section unless, within 60 days of the date of sentencing, the court issues a written finding on the record that, due to the unavailability of space at the jail where the offender is required to serve the jail term imposed, the offender will not be able to begin serving that term within the 60-day period following the date of sentencing.
      (2)   An offender sentenced under this section to a period of house arrest with electronic monitoring shall be permitted work release during that period.
   (D)   Fifty percent of any fine imposed by a court under division (B)(1), (B)(2), or (B)(3) of this section shall be deposited into the municipal Indigent Drivers Alcohol Treatment Fund under the control of that court, as created by the municipality pursuant to R.C. § 4511.191(H).
   (E)   In addition to or independent of all other penalties provided by law or ordinance, the trial judge of any court of record or the mayor of a mayor’s court shall impose on an offender who is convicted of or pleads guilty to a violation of this section a class seven suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7).
      (1)   When permitted as specified in R.C. § 4510.021, if the court grants limited driving privileges during a suspension imposed under this section, the privileges shall be granted on the additional condition that the offender must display restricted license plates, issued under R.C. § 4503.231, on the vehicle driven subject to the privileges, except as provided in R.C. § 4503.231(B).
      (2)   A suspension of a commercial driver’s license under this section shall be concurrent with any period of suspension or disqualification under R.C. § 3123.58 or R.C. § 4506.16. No person who is disqualified for life from holding a commercial driver’s license under R.C. § 4506.16 shall be issued a driver’s license under R.C. Chapter 4507 during the period for which the commercial driver’s license was suspended under this section, and no person whose commercial driver’s license is suspended under this section shall be issued a driver’s license under R.C. Chapter 4507 during the period of the suspension.
   (F)   The offender shall provide the court with proof of financial responsibility as defined in R.C. § 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to § 130.99(G) or R.C. § 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during, or after committing the offense that is a misdemeanor of the first degree under this section for which the offender is sentenced.
   (G)   As used in this section:
      ELECTRONIC MONITORING. Has the same meaning as in R.C. § 2929.01.
      EQUIVALENT OFFENSE. Means any of the following:
         (a)   A violation of a municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) of this section;
         (b)   A violation of a former law of this state that was substantially equivalent to division (A) of this section.
      JAIL. Has the same meaning as in R.C. § 2929.01.
      MANDATORY JAIL TERM. Means the mandatory term in jail of 3, 10, or 30 consecutive days that must be imposed under division (B)(1), (B)(2), or (B)(3) of this section upon an offender convicted of a violation of division (A) of this section and in relation to which all of the following apply:
         (a)   Except as specifically authorized under this section, the term must be served in a jail.
         (b)   Except as specifically authorized under this section, the term cannot be suspended, reduced, or otherwise modified pursuant to any provision of the Ohio Revised Code.
(R.C. § 4510.14)
   (H)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(R.C. § 4510.04)
(Prior Code, § 436.073)
Statutory reference:
   Immobilization of vehicle; impoundment of license plates; criminal forfeiture of vehicle, see R.C. § 4510.161
§ 71.31 DRIVING UNDER FINANCIAL RESPONSIBILITY LAW SUSPENSION OR CANCELLATION; DRIVING UNDER A NONPAYMENT OF JUDGMENT SUSPENSION.
   (A)   No person, whose driver’s or commercial driver’s license or temporary instruction permit or nonresident’s operating privilege has been suspended or canceled pursuant to R.C. Chapter 4509, shall operate any motor vehicle within this municipality, or knowingly permit any motor vehicle owned by the person to be operated by another person in the municipality, during the period of the suspension or cancellation, except as specifically authorized by R.C. Chapter 4509. No person shall operate a motor vehicle within this municipality, or knowingly permit any motor vehicle owned by the person to be operated by another person in the municipality, during the period in which the person is required by R.C. § 4509.45 to file and maintain proof of financial responsibility for a violation of R.C. § 4509.101, unless proof of financial responsibility is maintained with respect to that vehicle.
   (B)   No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this municipality if the person’s driver’s or commercial driver’s license or temporary instruction permit or nonresident operating privilege has been suspended pursuant to R.C. § 4509.37 or 4509.40 for nonpayment of a judgment.
   (C)   Upon the request or motion of the prosecuting authority, a non-certified copy of the law enforcement automated data system report or a non-certified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of division (A) or (B) of this section may be admitted into evidence as prima facie evidence that the license of the person was under either a financial responsibility law suspension at the time of the alleged violation of division (A) of this section or a nonpayment of judgment suspension at the time of the alleged violation of division (B) of this section. The person charged with a violation of division (A) or (B) of this section may offer evidence to rebut this prima facie evidence.
   (D)   Whoever violates division (A) of this section is guilty of driving under financial responsibility law suspension or cancellation and shall be punished as provided in this division (D). Whoever violates division (B) of this section is guilty of driving under a nonpayment of judgment suspension and shall be punished as provided in this division (D).
      (1)   Except as otherwise provided in division (D)(2) of this section, the offense is 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)   If, within three years of the offense, the offender previously was convicted of or pleaded guilty to two or more violations of this section, or any combination of two violations of this section, R.C. § 4510.11, 4510.111 or 4510.16, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the fourth degree.
      (3)   The offender shall provide the court with proof of financial responsibility as defined in R.C. § 4509.01. If the offender fails to provide that proof of financial responsibility, then in addition to any other penalties provided by law, the court may order restitution pursuant to R.C. § 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during, or after committing the offense for which the offender is sentenced under this section.
(R.C. § 4510.16)
   (E)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(R.C. § 4510.04)
(Prior Code, § 436.074)
Statutory reference:
   Immobilization of vehicle; impoundment of license plates; criminal forfeiture of vehicle, see R.C. § 4510.161
§ 71.32 FAILURE TO REINSTATE LICENSE.
   (A)   No person whose driver’s license, commercial driver’s license, temporary instruction permit, or nonresident’s operating privilege has been suspended shall operate any motor vehicle upon a public road or highway or any public or private property after the suspension has expired unless the person has complied with all license reinstatement requirements imposed by the court, the bureau of motor vehicles, or another provision of the Ohio Revised Code.
   (B)   Upon the request or motion of the prosecuting authority, a non-certified copy of the law enforcement automated data system report or a non-certified copy of a record of the Registrar of Motor Vehicles that shows the name, date of birth, and social security number of a person charged with a violation of division (A) of this section may be admitted into evidence as prima facie evidence that the license of the person had not been reinstated by the person at the time of the alleged violation of division (A) of this section. The person charged with a violation of division (A) of this section may offer evidence to rebut this prima facie evidence.
   (C)   Whoever violates this section is guilty of failure to reinstate a license, and shall be punished as follows:
      (1)   Except as provided in division (C)(2) of this section, whoever violates 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)   If, within three years of a violation of division (A) of this section, the offender previously has pleaded guilty to or been convicted of two or more violations of this section, R.C. § 4510.21 or a substantially equivalent municipal ordinance, the offender is guilty of a misdemeanor of the first degree.
      (3)   In all cases, the court may impose upon the offender a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary driver’s license, or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7).
(R.C. § 4510.21)
   (D)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(R.C. § 4510.04)
(Prior Code, § 436.075)
COMMERCIAL DRIVER’S LICENSES
§ 71.45 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOL CONCENTRATION. The concentration of alcohol in a person’s blood, breath or urine. When expressed as a percentage, it means grams of alcohol per the following: 100 milliliters of whole blood, blood serum, or blood plasma; 210 liters of breath; or 100 milliliters of urine.
   COMMERCIAL DRIVER’S LICENSE. A license issued in accordance with R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.
   COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM. The information system established pursuant to the requirements of the Commercial Motor Vehicle Safety Act of 1986, 100 Stat. 3207-171, 49 U.S.C. App. 2701.
   COMMERCIAL MOTOR VEHICLE. Except when used in R.C. § 4506.25, any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
      (1)   Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of 26,001 pounds or more, provided that the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
      (2)   Any single vehicle with a gross vehicle weight or gross vehicle weight rating of 26,001 pounds or more;
      (3)   Any single vehicle or combination of vehicles that is not a Class A or Class B vehicle, but is designed to transport 16 or more passengers including the driver;
      (4)   Any school bus with a gross vehicle weight or gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than 16 passengers including the driver;
      (5)   Is transporting hazardous materials for which placarding is required under 49 C.F.R. part 172, subpart F, as amended; or
      (6)   Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the Federal Motor Carrier Safety Administration to be a commercial motor vehicle, including but not limited to a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
   CONTROLLED SUBSTANCE. Includes all of the following:
      (1)   Any substance classified as a controlled substance under the Controlled Substances Act, 80 Stat. 1242 (1970), 21 U.S.C. § 802(6), as amended;
      (2)   Any substance included in Schedules I through V of 21 C.F.R. part 1308, as amended;
      (3)   Any drug of abuse.
   CONVICTION. An unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.
   DISQUALIFICATION. Means any of the following:
      (1)   The suspension, revocation, or cancellation of a person’s privileges to operate a commercial motor vehicle;
      (2)   Any withdrawal of a person’s privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;
      (3)   A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. § 391.
   DOMICILED. Having a true, fixed, principal, and permanent residence to which an individual intends to return.
   DOWNGRADE. Any of the following, as applicable:
      (1)   A change in the commercial driver’s license, or commercial driver’s license temporary instruction permit, holder’s self-certified status as described in R.C. § 4506.10(A)(1);
      (2)   A change to a lesser class of vehicle;
      (3)   Removal of commercial driver’s license privileges from the individual’s driver’s license.
   DRIVE. To drive, operate or be in physical control of a motor vehicle.
   DRIVER. Any person who drives, operates or is in physical control of a commercial motor vehicle or is required to have a commercial driver’s license.
   DRIVER’S LICENSE. A license issued by the Bureau of Motor Vehicles that authorizes an individual to drive.
   DRUG OF ABUSE. Any controlled substance, dangerous drug as defined in R.C. § 4729.01, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.
   ELECTRONIC DEVICE. Includes a cellular telephone, a personal digital assistant, a pager, a computer, and any other device used to input, write, send, receive, or read text.
   ELIGIBLE UNIT OF LOCAL GOVERNMENT. A village, township, or county that has a population of not more than 3,000 persons according to the most recent federal census.
   EMPLOYER. Any person, including the federal government, any state, and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle.
   ENDORSEMENT. An authorization on a person’s commercial driver’s license that is required to permit the person to operate a specified type of commercial motor vehicle.
   FARM TRUCK. A truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than 150 miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than 150 miles, of supplies for the farm, including tile, fence and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this definition and is not used in the operations of a motor carrier, as defined in R.C. § 4923.01.
   FATALITY. The death of a person as the result of a motor vehicle accident occurring not more than 365 days prior to the date of death.
   FELONY. Any offense under federal or state law that is punishable by death or imprisonment for a term exceeding one year and includes any offense specifically classified as a felony under the law of this state, regardless of the penalty that may be imposed.
   FOREIGN JURISDICTION. Any jurisdiction other than a state.
   GROSS VEHICLE WEIGHT RATING. The value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit.
   HAZARDOUS MATERIALS. Any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under 49 C.F.R. part 172, subpart F or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.
   IMMINENT HAZARD. The existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of death, illness, injury, or endangerment.
   MEDICAL VARIANCE. One of the following received by a driver from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate:
      (1)   An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. part 381, subpart C or 49 C.F.R. § 391.64;
      (2)   A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. § 391.49.
   MOBILE TELEPHONE. A mobile communication device that falls under or uses any commercial mobile radio service as defined in 47 C.F.R. part 20, except that mobile telephone does not include two- way or citizens band radio services.
   MOTOR VEHICLE. A vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
   OUT-OF-SERVICE ORDER. A declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that the driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. § 390.5.
   PEACE OFFICER. Has the same meaning as in R.C. § 2935.01.
   PORTABLE TANK. A liquid or gaseous packaging designed primarily to be loaded onto or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means.
   PUBLIC SAFETY VEHICLE. Has the same meaning as in R.C. § 4511.01(E)(1) and (E)(3).
   RECREATIONAL VEHICLE. Includes every vehicle that is defined as a recreational vehicle in R.C. § 4501.01 and is used exclusively for purposes other than engaging in business for profit.
   RESIDENCE. Any person’s residence determined in accordance with standards prescribed in the rules adopted by the Registrar.
   SCHOOL BUS. Has the same meaning as in R.C. § 4511.01.
   SERIOUS TRAFFIC VIOLATION. Any of the following:
      (1)   A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of R.C. § 4506.03;
      (2)   (a)   Except as provided in division (2)(b) of this definition, a violation while operating a commercial motor vehicle of a law of this state, or any municipal ordinance or county or township resolution, or any other substantially equivalent law of another state or political subdivision of another state, prohibiting either of the following:
            1.   Texting while driving;
            2.   Using a handheld mobile telephone.
         (b)   It is not a serious traffic violation if the person was texting or using a handheld mobile telephone to contact law enforcement or other emergency services.
      (3)   A conviction arising from the operation of any motor vehicle that involves any of the following:
         (a)   A single charge of any speed in excess of the posted speed limit by 15 miles per hour or more;
         (b)   Violations of R.C. § 4511.20 or R.C. § 4511.201 or any substantially equivalent ordinance or resolution, or of any substantially equivalent law of another state or political subdivision of another state;
         (c)   Violation of a law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any substantially equivalent law of another state or political subdivision of another state, that results in a fatal accident;
         (d)   Violation of R.C. § 4506.03 or a substantially equivalent municipal ordinance or county or township resolution, or of any substantially equivalent law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license with the proper class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported;
         (e)   Violation of R.C. § 4506.03 or a substantially equivalent municipal ordinance or county or township resolution, or of any substantially equivalent law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license being in the person’s possession;
         (f)   Violation of R.C. § 4511.33 or R.C. § 4511.34, or any municipal ordinance or county or township resolution substantially equivalent to either of those sections, or any substantially equivalent law of another state or political subdivision of another state;
         (g)   Violation of any other law of this state, any law of another state, or any ordinance or resolution of a political subdivision of this state or another state that meets both of the following requirements:
            1.   It relates to traffic control, other than a parking violation;
            2.   It is determined to be a serious traffic violation by the United States Secretary of Transportation and is designated by the director as such by rule.
   STATE. A state of the United States and includes the District of Columbia.
   TANK VEHICLE. Any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached to the vehicle or its chassis and have an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more. The term does not include a commercial motor vehicle transporting an empty storage container tank that is not designed for transportation, has a rated capacity of 1,000 gallons or more, and is temporarily attached to a flatbed trailer.
   TESTER. Means a person or entity acting pursuant to a valid agreement entered into pursuant to R.C. § 4506.09(B).
   TEXTING. Manually entering alphanumeric text into, or reading text from, an electronic device. Texting includes short message service (SMS), e-mail, instant messaging, a command or request to access a world wide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Texting does not include the following:
      (1)   Using voice commands to initiate, receive, or terminate a voice communication using a mobile telephone;
      (2)   Inputting, selecting, or reading information on a global positioning system or navigation system;
      (3)   Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
      (4)   Using, for a purpose that is not otherwise prohibited by law, a device capable of performing multiple functions, such as a fleet management system, a dispatching device, a mobile telephone, a citizens band radio, or a music player.
   TEXTING WHILE DRIVING. Texting while operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Texting while driving does not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary.
   UNITED STATES. The 50 states and the District of Columbia.
   UPGRADE. A change in the class of vehicles, endorsements, or self-certified status as described in R.C. § 4506.10(A)(1) that expands the ability of a current commercial driver’s license holder to operate commercial motor vehicles under this chapter or R.C. Chapter 4506.
   USE OF A HANDHELD MOBILE TELEPHONE. Means:
      (1)   Using at least one hand to hold a mobile telephone to conduct a voice communication;
      (2)   Dialing or answering a mobile telephone by pressing more than a single button; or
      (3)   Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.
   VEHICLE. Has the same meaning as in R.C. § 4511.01.
(R.C. § 4506.01) (Prior Code, § 442.01)
§ 71.46 USE OF ACTUAL GROSS WEIGHT IN LIEU OF RATING.
   For purposes of this subchapter, the actual gross weight of a vehicle or combination of vehicles may be used in lieu of a gross vehicle weight rating to determine whether a vehicle or combination of vehicles qualifies as a commercial motor vehicle if the gross vehicle weight rating specified by the manufacturer for the vehicle of combination of vehicles is not determinable, or if the manufacturer of the vehicle has not specified a gross vehicle weight rating.
(R.C. § 4506.011) (Prior Code, § 442.02)
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