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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)
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)
(A) No person shall do any of the following:
(1) Drive a commercial motor vehicle while having in the person’s possession or otherwise under the person’s control more than one valid driver’s license issued by this state, any other state, or by a foreign jurisdiction;
(2) Drive a commercial motor vehicle on a highway in this municipality in violation of an out- of-service order while the person’s driving privilege is suspended, revoked, or cancelled, or while the person is subject to disqualification;
(3) Drive a motor vehicle on a highway in the municipality under the authority of a commercial driver’s license issued by another state or a foreign jurisdiction, after having been a resident of this state for 30 days or longer;
(4) Knowingly give false information in any application or certification required by R.C. § 4506.07.
(B) The municipality shall give every conviction occurring out of this state and notice of which was received by the state Department of Public Safety after December 31, 1989, full faith and credit and treat it for sanctioning purposes under this chapter as though the conviction had occurred in this state.
(R.C. § 4506.04(A), (B))
(C) No person shall drive any commercial motor vehicle for which an endorsement is required under R.C. § 4506.12 unless the proper endorsement appears on the person’s commercial driver’s license or commercial driver’s license temporary instruction permit. No person shall drive a commercial motor vehicle in violation of a restriction established under R.C. § 4506.12 that appears on the person’s commercial driver’s license or commercial driver’s license temporary instruction permit.
(R.C. § 4506.12(I))
(D) (1) Whoever violates division (A)(1), (A)(2) or (A)(3) of this section is guilty of a misdemeanor of the first degree.
(2) Whoever violates division (A)(4) of this section is guilty of falsification, a misdemeanor of the first degree. In addition, the provisions of R.C. § 4507.19 apply.
(R.C. § 4506.04(C))
(3) (a) Whoever violates division (C) of this section is guilty of a misdemeanor of the first degree.
(b) The offenses established under division (C) of this section are strict liability offenses and R.C. § 2901.20 does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense for which there is no specified degree of culpability, whether in this section or another section of this code or the Ohio Revised Code, is not a strict liability offense.
(R.C. § 4506.12(J))
(Prior Code, § 442.03)
(A) Except as provided in divisions (B) or (C) of this section, the following shall apply:
(1) No person shall drive a commercial motor vehicle on a highway in this state unless the person holds, and has in the person’s possession, any of the following:
(a) A valid commercial driver’s license with proper endorsements for the motor vehicle being driven, issued by the Registrar of Motor Vehicles or by another jurisdiction recognized by this state;
(b) A valid examiner’s commercial driving permit issued under R.C. § 4506.13;
(c) A valid restricted commercial driver’s license and waiver for farm-related service industries issued under R.C. § 4506.24;
(d) A valid commercial driver’s license temporary instruction permit issued by the Registrar, provided that the person is accompanied by an authorized state driver’s license examiner or tester or a person who has been issued and has in the person’s immediate possession a current, valid commercial driver’s license and who meets the requirements of R.C. § 4506.06(B).
(2) No person’s commercial driver’s license temporary instruction permit shall be upgraded, and no commercial driver’s license shall be upgraded, renewed, or issued to a person until the person surrenders to the registrar of motor vehicles all valid licenses and permits issued to the person by this state or by another jurisdiction recognized by this state. If the license or permit was issued by any other state or another jurisdiction recognized by this state, the Registrar shall report the surrender of a license or permit to the issuing authority, together with information that a license or permit is now issued in this state. The Registrar shall destroy any such license or permit that is not returned to the issuing authority.
(3) No person who has been a resident of this state for 30 days or longer shall drive a commercial motor vehicle under the authority of a commercial driver’s license issued in another jurisdiction.
(B) Nothing in division (A) of this section applies to any qualified person when engaged in the operation of any of the following:
(1) A farm truck;
(2) Fire equipment for a fire department, volunteer or nonvolunteer fire company, fire district, joint fire district, or the State Fire Marshal;
(3) A public safety vehicle used to provide transportation or emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an eligible unit of local government, if the person is employed by the eligible unit of local government and is operating the commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, but only if either the employee who holds a commercial driver’s license issued under R.C. Chapter 4506 and ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle, or the employing eligible unit of local government determines that a snow or ice emergency exists that requires additional assistance;
(6) A vehicle operated for military purposes by any member or uniformed employee of the armed forces of the United States or their reserve components, including the Ohio National Guard. This exception does not apply to United States reserve technicians;
(7) A commercial motor vehicle that is operated for nonbusiness purposes. “Operated for nonbusiness purposes” means that the commercial motor vehicle is not used in commerce as “commerce” is defined in 49 C.F.R. § 383.5, as amended, and is not regulated by the Public Utilities Commission pursuant to R.C. Chapter 4905, 4921, or 4923;
(8) A motor vehicle that is designed primarily for the transportation of goods and not persons, while that motor vehicle is being used for the occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;
(9) A police SWAT team vehicle;
(10) A police vehicle used to transport prisoners.
(C) Nothing contained in division (B)(5) of this section shall be construed as preempting or superseding any law, rule or regulation of this state concerning the safe operation of commercial motor vehicles.
(R.C. § 4506.03(A) - (C))
(D) Notwithstanding any other provision of law, a person may drive a commercial motor vehicle on a highway in this municipality if all of the following conditions are met:
(1) The person has a valid commercial driver’s license or commercial driver’s license temporary instruction permit issued by any state or jurisdiction in accordance with the minimum standards adopted by the Federal Motor Carrier Safety Administration under the Commercial Motor Vehicle Safety Act of 1986, 100 Stat. 3207-171, 49 U.S.C. App., for issuance of commercial driver’s licenses;
(2) The person’s commercial driver’s license or temporary instruction permit is not suspended, revoked, or canceled, and the person has the appropriate endorsements for the vehicle that is being driven;
(3) The person is not disqualified from driving a commercial motor vehicle;
(4) The person is not subject to an out-of-service order;
(5) The person is medically certified as physically qualified to operate a commercial motor vehicle in accordance with R.C. Chapter 4506.
(a) A person who submitted a medical examiner’s certificate to the Registrar in accordance with R.C. § 4506.10(A)(1) and whose medical certification information is maintained in the commercial driver’s license information system is not required to have the medical examiner’s certificate in the person’s possession when on duty.
(b) A person whose medical certification information is not maintained in the commercial driver’s license information system shall have in the person’s possession when on duty the original or a copy of the current medical examiner’s certificate that was submitted to the Registrar. However, the person may operate a commercial motor vehicle with such proof of medical certification for not more than 15 days after the date the current medical examiner’s certificate was issued to the person.
(c) A person who has a medical variance shall have in the person’s possession the original or copy of the medical variance documentation at all times while on duty.
(E) No person shall drive a commercial motor vehicle on a highway in this municipality if the person does not meet the conditions specified in division (D) of this section.
(F) Except as set forth in 49 C.F.R. §§ 390.3(f), 391.2, 391.62, 391.67, and 391.68, no person holding a commercial driver’s license temporary instruction permit or a commercial driver’s license issued under R.C. Chapter 4506 may drive a commercial motor vehicle in interstate commerce until the person is at least 21 years of age.
(R.C. § 4506.05(A) - (C))
(G) (1) Whoever violates this section is guilty of a misdemeanor of the first degree.
(2) The offenses established under divisions (D), (E) and (F) of this section are strict liability offenses and R.C. § 2901.20 does not apply. The designation of these offenses as strict liability offenses 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.
(R.C. §§ 4506.03(D), 4506.05(D))
(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)) (Prior Code, § 442.04)
(A) No person who holds a commercial driver’s license or commercial driver’s license temporary instruction permit or who operates a motor vehicle for which a commercial driver’s license or permit is required shall do any of the following:
(1) Drive a commercial motor vehicle while having a measurable or detectable amount of alcohol or of a controlled substance in the person’s blood, breath, or urine;
(2) Drive a commercial motor vehicle while having an alcohol concentration of 0.04% or more by whole blood or breath;
(3) Drive a commercial motor vehicle while having an alcohol concentration of .048% or more by blood serum or blood plasma;
(4) Drive a commercial motor vehicle while having an alcohol concentration of .056% or more by urine;
(5) Drive a motor vehicle while under the influence of a controlled substance;
(6) Drive a motor vehicle in violation of R.C. § 4511.19 or a municipal OVI ordinance as defined in R.C. § 4511.181;
(7) Use a vehicle in the commission of a felony;
(8) Refuse to submit to a test under R.C. § 4506.17 or R.C. § 4511.191, or any substantially equivalent municipal ordinance;
(9) Operate a commercial motor vehicle while the person’s commercial driver’s license or permit or other commercial driving privileges are revoked, suspended, cancelled, or disqualified;
(10) Cause a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the offenses of aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter;
(11) Fail to stop after an accident in violation of R.C. §§ 4549.02 to 4549.03, or any substantially equivalent municipal ordinance;
(12) Drive a commercial motor vehicle in violation of any provision of R.C. §§ 4511.61 through 4511.63 or any federal or local law or ordinance pertaining to railroad-highway grade crossings;
(13) Use a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance as defined in R.C. § 3719.01 or the possession with intent to manufacture, distribute, or dispense a controlled substance.
(R.C. § 4506.15(A))
(B) No person shall refuse to immediately surrender the person’s commercial driver’s license or permit to a peace officer when required to do so by R.C. § 4506.17.
(R.C. § 4506.17(H))
(C) (1) Within the jurisdictional limits of the appointing authority, any peace officer shall stop and detain any person found violating division (A) of this section without obtaining a warrant. When there is reasonable ground to believe that a violation of division (A) of this section 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 .048% or more by blood serum or blood plasma, or an alcohol concentration of .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.
(2) As used in this division (C), 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 this subchapter or R.C. Chapter 4506.
(R.C. § 4506.23)
(D) Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. §§ 4506.15(B), 4506.17(N))
(Prior Code, § 442.05, 442.08)
Statutory reference:
Alcohol or controlled substance testing, disqualification of drivers, see R.C. § 4506.17
Disqualification of drivers for violations, see R.C. § 4506.16
(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) (Prior Code, § 442.06)
(A) Each employer shall require every applicant for employment as a driver of a commercial vehicle to provide the applicant’s employment history for the ten years preceding the date the employment application is submitted to the prospective employer. The following information shall be submitted:
(1) A list of the names and addresses of the applicant’s previous employers for which the applicant was the operator of a commercial motor vehicle;
(2) The dates the applicant was employed by these employers;
(3) The reason for leaving each of these employers.
(B) No employer shall knowingly permit or authorize any driver employed by the employer to drive a commercial motor vehicle during any period in which any of the following apply:
(1) The driver’s commercial driver’s license is suspended, revoked, or cancelled by any state or a foreign jurisdiction;
(2) The driver has lost the privilege to drive, or currently is disqualified from driving, a commercial motor vehicle in any state or foreign jurisdiction;
(3) The driver, the commercial motor vehicle the driver is driving, or the motor carrier operation is subject to an out-of-service order in any state or a foreign jurisdiction;
(4) The driver has more than one driver’s license.
(C) No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of R.C. § 4506.15.
(D) No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle if the driver does not hold a valid, current commercial driver’s license or commercial driver’s license temporary instruction permit bearing the proper class or endorsements for the vehicle. No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of the restrictions on the driver’s commercial driver’s license or commercial driver’s license temporary instruction permit.
(E) (1) Whoever violates division (A), (B) or (D) of this section is guilty of a misdemeanor of the first degree.
(2) Whoever violates division (C) of this section is guilty of a felony to be prosecuted under appropriate state law.
(R.C. § 4506.20) (Prior Code, § 442.07)
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