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§ 71.48 PREREQUISITES TO OPERATION OF COMMERCIAL MOTOR VEHICLE.
   (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))
§ 71.49 PHYSICAL QUALIFICATION TO OPERATE COMMERCIAL MOTOR VEHICLES.
   (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)
§ 71.50 CRIMINAL OFFENSES.
   (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
§ 71.51 APPLICATION OF FEDERAL REGULATIONS.
   (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)
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