CHAPTER 436
Licensing; Accidents
436.01   Driver's or commercial driver's license required.
436.02   Possession of more than one license prohibited.
436.03   Driving with temporary instruction permit.
436.035   Driving with probationary license.
436.04   Certain acts prohibited.
436.05   Owner or operator allowing another to drive.
436.06   Display of license.
436.07   Driving under suspension or revocation or without proof of financial responsibility or in violation of license restrictions. (Repealed)
436.071   Driving under suspension or in violation of license restriction.
436.072   Operating motor vehicle or motorcycle without valid license.
436.073   Driving under OVI suspension.
436.074   Driving under financial responsibility law suspension or cancellation; driving under a nonpayment of judgment suspension.
436.075   Failure to reinstate license.
436.08   Operation or sale without certificate of title.
436.09   Display of license plates; registration; obstructions.
436.10   Use of illegal license plates.
436.11   Failure to stop after accident.
436.12   Stopping after accident on other than public roads or highways.
436.13   Vehicle accident resulting in damage to realty.
436.14   Removal of vehicles after accidents.
436.99   Penalty.
   CROSS REFERENCES
   See section histories for similar State law
   Motor vehicle licensing law - see Ohio R.C. Ch. 4503
   Driver's license law - see Ohio R.C. Ch. 4507
   State point system suspension - see Ohio R.C. 4507.021
   Power of trial court of record to suspend license for certain violations - see Ohio R.C. 4510.05, 4510.15
   Employment of a minor to operate a taxicab prohibited - see Ohio R.C. 4507.321
   State accident reports - see Ohio R.C. 4509.01, 4509.06, 4509.74, 5502.11
   Suspension of driver's license - see TRAF. 408.03; GEN. OFF. 698.07
   Glass removal from street after accident - see TRAF. 412.01
   Licensing requirements of snowmobile, off-highway and all-purpose vehicle operator - see TRAF. 446.05
   Snowmobile, off-highway and all-purpose vehicle accident reports - see TRAF. 446.06
436.01 DRIVER'S OR COMMERCIAL DRIVER'S LICENSE REQUIRED.
   (a)   No person shall permit the operation of a motor vehicle upon any public or private property used by the public for purposes of vehicular travel or parking, knowing the operator does not have a valid driver’s license issued to the operator by the Registrar of Motor Vehicles or a deputy registrar under R.C. Chapter 4507 or a valid commercial driver’s license issued under R.C. Chapter 4506. Except as otherwise provided in this division, whoever violates this division is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to § 698.02, § 698.03, 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 § 698.02(d) or R.C. § 2929.26; notwithstanding § 698.02(f)(1)B.1. and R.C. § 2929.28(A)(2)(a), the offender may be fined up to $1,000; and, notwithstanding § 698.02(e)(1)C. and R.C. § 2929.27(A)(3), the offender may be ordered pursuant to § 698.02(e)(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, 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.
   (b)   (1)   No person shall be required to obtain a driver’s or commercial driver’s license for the purpose of temporarily driving, operating, drawing, moving, or propelling a road roller or road machinery upon a street or highway.
      (2)   No person shall be required to obtain a driver’s or commercial driver’s license for the purpose of temporarily driving, operating, drawing, moving, or propelling any agricultural tractor or implement of husbandry upon a street or highway at a speed of 25 miles per hour or less.
      (3)   No person shall drive, operate, draw, move, or propel any agricultural tractor or implement of husbandry upon a street or highway at a speed greater than 25 miles per hour unless the person has a current, valid driver’s or commercial driver’s license.
      (4)   No person having a valid driver’s or commercial driver’s license shall be required to have a motorcycle operator’s endorsement to operate a motorcycle having three wheels with a motor of not more than 50 cubic centimeters piston displacement.
      (5)   No person having a valid driver’s or commercial driver’s license shall be required to have a motorcycle operator’s endorsement to operate an autocycle or a cab-enclosed motorcycle.
      (6)   Every person on active duty in the military or naval forces of the United States, when furnished with a driver’s permit and when operating an official motor vehicle in connection with such duty, is exempt from the license requirements of Ohio R.C. Chapters 4506 and 4507. Every person on active duty in the military or naval forces of the United States or in service with the peace corps, volunteers in service to America, or the foreign service of the United States, is exempt from the license requirements of such sections for the period of the person’s active duty or service and for six months thereafter, provided such person was a licensee under such sections at the time the person commenced the person’s active duty or service. This section does not prevent such a person or the person’s spouse or dependent from making an application, as provided in Ohio R.C. 4507.10(C), for the renewal of a driver’s license or motorcycle operator’s endorsement or as provided in Ohio R.C. 4506.14 for the renewal of a commercial driver’s license during the period of the person’s active duty or service.
      (7)   Whoever violates division (b)(3) of this section is guilty of a misdemeanor of the first degree.
(ORC 4507.03)
   (c)   Nonresidents, permitted to drive upon the highways of their own state, may operate any motor vehicle upon any highway in this State without examination or license under Ohio R.C. 4507.01 to 4507.39, inclusive, upon condition that such nonresident may be required at any time or place to prove lawful possession or their right to operate such motor vehicle, and to establish proper identity.
(R.C. § 4507.04)
   (d)   Surrender of Foreign Driver's License.
      (1)   Any person who becomes a resident of this state, within 30 days of becoming a resident, shall surrender any driver’s license, temporary instruction permit, or identification card issued by another state to the Registrar of Motor Vehicles or a deputy registrar. If such a person intends to operate a motor vehicle upon the public roads or highways, the person shall apply for a temporary instruction permit or driver’s license in this state. If the person fails to apply for a driver’s license or temporary instruction permit or within 30 days of becoming a resident, the person shall not operate any motor vehicle in this state under a license or permit issued by another state.
      (2)   A.   Whoever violates division (d)(1) of this section is guilty of a minor misdemeanor.
         B.   The offense established under division (d)(2)A. of this section is a strict liability offense and strict liability is a culpable mental state for purposes of R.C. § 2901.20. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
      (3)   For purposes of division (d)(1) of this section, “resident” means any person to whom any of the following applies:
         A.   The person maintains their principal residence in this state and does not reside in this state as a result of the person's active service in the United States armed forces.
         B.   The person is determined by the Registrar of Motor Vehicles to be a resident in accordance with standards adopted by the Registrar under R.C. § 4507.01.
(R.C. § 4507.213)
436.02 POSSESSION OF MORE THAN ONE LICENSE PROHIBITED.
   (a)   (1)   No person shall receive a driver’s license, or a motorcycle operator’s endorsement of a driver’s or commercial driver’s license, temporary instruction permit, or identification card unless and until the person surrenders to the Registrar or a deputy registrar all valid licenses, temporary instruction permits, and identification cards issued to the person by another jurisdiction recognized by this state.
      (2)   The Registrar shall report the cancellation of a license, temporary instruction permit, or identification card to the issuing authority, together with information that the license, temporary instruction permit, or identification card is now issued in this state. The Registrar or a deputy registrar shall destroy any such license, temporary instruction permit, or identification card that is not returned to the issuing authority.
      (3)   No person shall possess more than one valid license, temporary instruction permit, or identification card at any time.
(R.C. § 4507.02(A)(2))
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4507.99)
436.03 DRIVING WITH TEMPORARY INSTRUCTION PERMIT.
   (a)   No holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A) shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in violation of the conditions established under Ohio R.C. 4507.05(A).
   (b)   Except as provided in division (c) of this section, no holder of a temporary instruction permit that is issued under Ohio R.C. 4507.05(A) and that is issued on or after July 1, 1998, and who has not attained the age of 18 years, shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and 6:00 a.m.
   (c)   The holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A) on or after July 1, 1998, who has not attained the age of 18 years, may operate a motor vehicle upon a highway or any public or private property used by the public for purposed of vehicular travel or parking between the hours of midnight and 6:00 a.m. if, at the time of such operation, the holder is accompanied by the holder's parent, guardian, or custodian, and the parent, guardian, or custodian holds a current valid driver's or commercial driver's license issued by this State, is actually occupying a seat beside the permit holder, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in Ohio R.C. 4511.19(A).
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4507.05(F), (I))
436.035 DRIVING WITH PROBATIONARY LICENSE.
   (a)   (1)   A.   No holder of a probationary driver’s license who has held the license for less than 12 months shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and 6:00 a.m. unless the holder is accompanied by the holder’s parent or guardian.
         B.   No holder of a probationary driver’s license who has held the license for 12 months or longer shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of 1:00 a.m. and 5:00 a.m. unless the holder is accompanied by the holder’s parent or guardian.
      (2)   A.   Subject to division (c)(1) of this section, division (a)(1)A. of this section does not apply to the holder of a probationary driver’s license who is doing either of the following:
            1.   Traveling to or from work between the hours of midnight and 6:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from the holder’s employer.
            2.   Traveling to or from an official function sponsored by the school the holder attends between the hours of midnight and 6:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official of the school;
            3.   Traveling to or from an official religious event between the hours of midnight and 6:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.
         B.   Division (a)(1)B. of this section does not apply to the holder of a probationary driver’s license who is doing either of the following:
            1.   Traveling to or from work between the hours of 1:00 a.m. and 5:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from the holder’s employer.
            2.   Traveling to or from an official function sponsored by the school the holder attends between the hours of 1:00 a.m. and 5:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official of the school;
            3.   Traveling to or from an official religious event between the hours of 1:00 a.m. and 5:00 a.m., provided that the holder has in the holder’s immediate possession written documentation from an appropriate official affiliated with the event.
      (3)   An employer, school official, or official affiliated with a religious event is not liable in damages in a civil action for any injury, death, or loss to person or property that allegedly arises from, or is related to, the fact that the employer, school official, or official affiliated with a religious event provided the holder of a probationary driver’s license with the written documentation described in division (a)(2) of this section. The Registrar of Motor Vehicles shall make available at no cost a form to serve as the written documentation described in division (a)(2) of this section, and employers, school officials, officials affiliated with religious events, and holders of probationary driver’s licenses may utilize that form or may choose to utilize any other written documentation to meet the requirements of that division.
      (4)   No holder of a probationary driver’s license who has held the license for less than 12 months shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking with more than one person who is not a family member occupying the vehicle unless the probationary license holder is accompanied by the probationary license holder’s parent, guardian, or custodian.
   (b)   It is an affirmative defense to a violation of division (a)(1)A. or (a)(1)B. of this section if, at the time of the violation, an emergency existed that required the holder of the probationary driver’s license to operate a motor vehicle in violation of division (a)(1)A. or (a)(1)B. of this section or the holder was an emancipated minor.
   (c)   (1)   If a person is issued a probationary driver’s license prior to attaining the age of 17 years and the person pleads guilty to, is convicted of, or is adjudicated in juvenile court of having committed a moving violation during the six- month period commencing on the date on which the person is issued the probationary driver’s license, the court with jurisdiction over the violation may order that the holder must be accompanied by the holder’s parent or guardian whenever the holder is operating a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking for a period not to exceed six months or the date the holder attains the age of 17 years, whichever occurs first.
      (2)   Any person who is subject to the operating restrictions established under division (c)(1) of this section as a result of a first moving violation may petition the court for driving privileges without being accompanied by the holder’s parent or guardian during the period of time determined by the court under that division. In granting the driving privileges, the court shall specify the purposes of the privileges and shall issue the person appropriate forms setting forth the privileges granted. If a person is convicted of, pleads guilty to, or is adjudicated in juvenile court of having committed a second or subsequent moving violation, the court with jurisdiction over the violation may terminate any driving privileges previously granted under this division.
      (3)   No person shall violate any operating restriction imposed under division (c)(1) or (c)(2) of this section.
   (d)   No holder of a probationary license shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking unless the total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device.
   (e)   A restricted license may be issued to a person who is 14 or 15 years of age under proof of hardship satisfactory to the Registrar of Motor Vehicles.
   (f)   Notwithstanding any other provisions of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether each occupant of the motor vehicle is wearing all of the available elements of a properly adjusted occupant restraining device as required by division (d) of this section, or for the sole purpose of issuing a ticket, citation or summons if that requirement has been or is being violated, or for causing the arrest of or commencing a prosecution of a person for a violation of that requirement.
   (g)   Notwithstanding any other provision of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (a)(1)A. or (a)(1)B. of this section has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for such a violation or for causing the arrest or commencing a prosecution of a person for such a violation.
   (h)   As used in this section:
      (1)   “Family member” of a probationary license holder includes any of the following:
         A.   A spouse;
         B.   A child or stepchild;
         C.   A parent, stepparent, grandparent, or parent-in-law;
         D.   An aunt or uncle;
         E.   A sibling, whether of the whole or half blood or by adoption, a brother-in-law, or a sister-in-law;
         F.   A son or daughter of the probationary license holder’s stepparent if the stepparent has not adopted the probationary license holder;
         G.   An eligible adult, as defined in Ohio R.C. 4507.05.
      (2)   “Moving violation” means any violation of any statute or ordinance that regulates the operation of vehicles on the highways or streets. “Moving violation” does not include a violation of Ohio R.C. 4513.263 or a substantially equivalent municipal ordinance, or a violation of any statute or ordinance regulating pedestrians or the parking of vehicles, vehicle size or load limitations, vehicle fitness requirements, or vehicle registration.
      (3)   “Occupant restraining device” has the same meaning as in Ohio R.C. 4513.263.
   (i)   Whoever violates divisions (a)(1), (a)(4), (c)(3), or (d) of this section is guilty of a minor misdemeanor.
(ORC 4507.071(B) - (J))
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