Chapter 4501:1-1 Driver Licenses

4501:1-1-01 Examination of license holders competency.

The registrar of motor vehicles, upon determination that any person has twelve or more points charged against him under section 4510.037 of the Revised Code, and is not subject to the provisions of section 4510.038 of the Revised Code, or, having good cause to believe that the holder of a driver's or commercial driver's license is incompetent or otherwise not qualified to be licensed, shall upon written notice of at least five days, sent by mail in accordance with rule 4501:1-10-01 of the Administrative Code to the licensee's last known address, require him to submit to a driver's license examination or a commercial driver's license examination and a physical examination, if appropriate, or both. Good cause shall be established by a report of a peace officer; by a report of a court; by information from a physician, a nurse, a relative of the licensee, or a friend of the licensee; or by a court order. The report of the peace officer shall be approved by the chief of police, sheriff, or the designee of either unless the peace officer is a member of the Ohio state highway patrol. The report or information shall be based on the personal observation of the licensee by the reporter and shall include the details of the incident giving rise to it. The report shall include a request that the licensee be reexamined in the interest of public safety based on the professional judgment of the reporter. A report or an order from a court shall be signed by the judge or his designee. In no case shall a report be accepted if it appears that the sole basis is the age of the licensee. Information received from a nurse, a relative of the licensee, or a friend of the licensee shall not be accepted unless it is corroborated in essential details by an investigation performed by the bureau of motor vehicles. No information shall be received anonymously. A court order ordering a reexamination shall be accepted without further information.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.20
Prior Effective Dates: 2/8/68, 12/27/89 (Emer.), 6/4/90, 4/20/96, 4/23/06, 8/13/07

4501:1-1-02 License restrictions; suspension of license.

(A) In accordance with section 4507.20 of the Revised Code, the registrar may require a licensee to submit to a driving and maneuverability skills test, a medical examination, or both, if the registrar has good cause to believe that the licensee is incompetent or unqualified to be licensed.

Upon conclusion of the skills test, and receipt of a medical examination report if required, the registrar may permit the licensee to retain his license, or issue a restricted license, or suspend the license.

(B) If the licensee fails the skills test, his license is thereby suspended under section 4507.20 of the Revised Code, and he will not be eligible to retake the skills test for seven days from the date of the failure.

The registrar may, in cases of hardship, permit a licensee, who lives in an area where public or other transportation is not available, to retake the skills test as early as twenty-four hours.

(C) A licensee may attempt to take the skills test not more than four times. If the licensee fails the fourth skills test, then he shall not be entitled to be re-examined or make application for driving privileges for six months, at which time, he must apply for, and receive, a temporary instruction permit identification card and comply with rules 4501:1-1-07 , 4501:1-1-08 , 4501:1-1-09 , 4501:1-1-10 , and 4501:1-1-11 of the Administrative Code.

(D) If a licensee, who is not required to submit to a medical examination, successfully passes the skills test within four attempts, driving privileges shall be reinstated and restrictions applicable to the licensee may be imposed as the registrar determines to be necessary.

(E) If a licensee, who is required to submit to a medical examination, submits a satisfactory medical examination report and successfully passes the skills test within four attempts, a license shall be issued with any restrictions the registrar determines are necessary in accordance with this chapter. Such restricted license shall list the routes of travel and any other conditions under which the licensee is permitted to operate a motor vehicle.

(F) All applications for any permits, licenses or reexaminations made under this rule shall be made directly to the bureau of motor vehicles and not to any deputy registrar.

Replaces: 4501:1-1-02

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.20
Prior Effective Dates: 2/8/68, 4/20/96, 4/23/06, 8/13/07

4501:1-1-03 Additional license examinations.

On or after six months from the date of the fourth driver license examination failure, in any series of four driver license examinations, the registrar shall authorize another series of driver license examinations if so requested, subject to the provisions of rules 4501:1-1-04 and 4501:1-1-11 of the Administrative Code, if applicable. The procedures governing such additional driver license examinations shall be the same as outlined in rule 4501:1-1-02 of the Administrative Code.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.20
Prior Effective Dates: 2/8/68, 4/20/96, 4/23/06, 8/13/07

4501:1-1-04 Unsatisfactory medical report; suspension of license.

(A) If the licensee is required to submit a medical report, and the report submitted is accepted as constituting adequate medical clearance, and he is otherwise qualified for driving privileges in respect to the provisions of section 4507.08 of the Revised Code, the registrar may permit the licensee to retain his license, or he shall impose such restrictions or conditions applicable to the licensee as he determines to be necessary; or, where a restricted license is required by law, he shall cause such restricted license to be issued, except that a driver license examination shall be required if the licensee's driving ability is questionable, or when a physical condition or disability is present which would indicate such action before final determination is made, in which case the provisions of this rule governing the procedure regarding driver license examinations shall be applicable.

(B) If the licensee is required to submit a medical report, and such report does not constitute adequate medical clearance, his license shall be suspended under section 4507.20 of the Revised Code; such suspension shall remain in effect until reinstated by the registrar in accordance with paragraph (C) of this rule.

(C) After an individual's driver license has been suspended because of a physical condition, and a satisfactory medical report is then submitted, reinstatement of driving privileges shall be subject to the provisions outlined in paragraph (A) of this rule.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.08 , R.C. 4507.20
Prior Effective Dates: 2/8/68, 4/23/06, 8/13/07

4501:1-1-05 [Rescinded] Refusal of form or medical report; suspension of license.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.20
Prior Effective Dates: 2/8/68, 4/23/06, 8/13/07

4501:1-1-07 Pre-temporary driver examination required.

[Comment: For dates and availability of material incorporated by reference in this rule, see rule 4501:1-1-39 of the Administrative Code.]

(A) Any person making application for a temporary instruction permit identification card (TIPIC) shall be required to take a pre-temporary instruction permit driver license examination prior to the issuance of such TIPIC to determine if the applicant has any physical disability which may impair the applicant's ability to operate a motor vehicle and to determine whether or not the applicant has sufficient knowledge of the motor vehicle laws of the state of Ohio and the approved road signs and signals as designated by the state of Ohio.

(B) Any person making application for a commercial driver's TIPIC shall give evidence that the applicant is at least eighteen years of age and that the applicant holds a valid driver's license other than a restricted license issued under Chapter 4507. of the Revised Code and shall certify that the applicant is in compliance with the medical requirements under 49 C.F.R. 391 if the applicant is required to meet those standards, and shall be required to take a pre-temporary instruction permit commercial driver's license examination prior to the validation of such commercial driver's TIPIC.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.09 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4506.06 , R.C. 4506.10 , R.C. 4507.05
Prior Effective Dates: 2/8/68, 8/9/78, 12/27/89 (Emer.), 7/9/90, 4/20/96, 8/13/07

4501:1-1-08 Pre-temporary driver examination procedure.

(A) The examination required by paragraph (A) of rule 4501:1-1-07 of the Administrative Code shall consist of three parts; the first part covering physical qualifications shall consist of vision test and color blindness test and an inquiry into any physical disability; the second part shall consist of a written test composed of a minimum of twenty questions equally weighted, in which the applicant must answer correctly seventy-five per cent of said questions covering motor vehicle laws, rules of the road pertaining to safety, regulations of the bureau of motor vehicles as prescribed by the director of public safety, and guidelines established by the federal motor carrier safety administration; the third part shall consist of a written test composed of a minimum of twenty questions equally weighted, in which the applicant must answer correctly seventy-five per cent of said questions covering highway warnings and traffic signs, signaling devices and directions given in the English language. The reference document for the material covered in the tests described in part two and three will be the official "Ohio Digest of Motor Vehicle Laws" as prescribed by the director of public safety and as it may be amended and revised from time to time.

(B) The examination required by paragraph (B) of rule 4501:1-1-07 of the Administrative Code for commercial driver applicants shall consist of a vision test and color blindness test and a written test of general commercial driver knowledge composed of a minimum of fifty questions equally weighted, of which the applicant must answer eighty per cent correctly(forty correct answers) in order to pass. In addition, an applicant who wishes to qualify for special endorsements must answer correctly eighty per cent of the questions in each specific category as follows: combination vehicles, twenty questions (sixteen correct answers); double or triple vehicles, twenty questions (sixteen correct answers); hazardous materials, thirty questions (twenty-four correct answers); passenger transport, twenty questions (sixteen correct answers); tankers, twenty questions (sixteen correct answers); or, school bus, twenty questions (sixteen correct answers). Any applicant who does not take or fails to answer correctly eighty percent of the twenty-five questions (twenty correct answers) on the air brakes test shall be restricted from operating a vehicle equipped with air brakes.

(C) The tests concerning the signs, signals and directions designated by the director of transportation, the motor vehicle laws, the rules of the road, and the rules and regulations and the written portion of the commercial driver's license examinations may be taken orally if the applicant is determined by the examiner to be illiterate except that the test for hazardous materials and school bus must be taken in English in written or electronic form.

(D) Except as otherwise provided in this rule, the department of public safety may develop versions of the knowledge portion of the examination required by paragraphs (A) and (B) of this rule that can be taken in languages other than English in written or electronic form. If an applicant for a driver's license wishes to take the knowledge examination in a language other than English, an interpreter may provide translation assistance to the applicant unless the department has developed a written or electronic version of the examination in a language in which the applicant is fluent, in which case the applicant must take that written or electronic version of the examination without the assistance of an interpreter.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.09 , R.C. 4507.01
Rule Amplifies: R.C. 4506.03 , R.C. 4506.07 , R.C. 4506.12 , R.C. 4507.05
Prior Effective Dates: 2/8/68, 12/27/89 (Emer.), 7/9/90, 12/11/05, 4/23/06, 8/13/07

4501:1-1-09 Issuance of temporary instruction permit identification card.

(A) No person shall be granted a temporary instruction permit identification card (TIPIC) until he has successfully passed all phases of the pre-temporary instruction permit driver license examination prescribed in paragraph (A) of rule 4501:1-1-08 of the Administrative Code. If a person has so qualified for aTIPIC and there is presence of a physical disability which would impair the applicant's ability to operate a motor vehicle but does not require continuing medical supervision, or the visual acuity is such that day time driving only is in order, the TIPIC issued shall be a restricted TIPIC and any condition or restriction recommended by the examiner and/or determined necessary by the registrar of motor vehicles shall be noted thereon. If the physical condition is one which indicates that medical clearance should be required, or if there is evidence of a mental disability that would impair the ability to operate a motor vehicle, no TIPIC shall be issued until such time as the necessary medical clearance is submitted. Any condition or restriction recommended by the examiner or determined necessary by the registrar shall be noted on such TIPIC.

(B) No person shall be given a validated commercial driver's TIPIC until the person has successfully passed all applicable phases of the pre-temporary instruction permit commercial driver's examination prescribed in paragraph (B) of rule 4501:1-1-08 of the Administrative Code,and has given satisfactory evidence that the person holds a valid driver's license, other than a restricted license, issued under Chapter 4507. of the Revised Code, and, if required, has given satisfactory evidence that the person holds a current medical examiner's certificate/card stating that the person is physically qualified to drive the motor vehicle for which the application is being made.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.09 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4506.10 , R.C. 4507.05 , R.C. 4507.11
Prior Effective Dates: 2/8/68, 12/27/89 (Emer.), 7/9/90, 4/20/96, 4/23/06, 8/13/07

4501:1-1-10 Road test requirements for driver examination.

(A) Upon obtaining a temporary instruction permit identification card, the applicant may appear at a highway patrol examination station to take a road and a maneuverability test to determine the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle under the supervision of an examining officer. If the vehicle to be operated is a standard type four-wheel vehicle, this portion of the examination shall consist of a test of the driving skill and vehicle maneuvering, divided into two parts: a road test and a maneuverability test as prescribed by the registrar of motor vehicles. If the vehicle to be operated is classified as a motorcycle, the road test may be waived. If the applicant presents a valid, unexpired license of another state, the road test may be waived. In such case a driver license examiner may require the road test for good cause.

(B) The applicant shall be considered to have passed the examination for a license to operate a standard type four-wheel vehicle provided the applicant does not receive a minus score in excess of twenty-five points in either part of the examination; or to have passed the examination for a license to operate a motor vehicle classified as a motorcycle, provided the applicant does not receive a minus score in excess of ten points in the test of vehicle maneuvering. The number of points to be deducted for failure to perform each skill and maneuver contained in the examination shall be as specified on the appropriate form prescribed by the registrar.

(C) All licenses issued after the complete driver license examination has been passed shall be restricted in accordance with the recommendations of the examiner or as deemed necessary by the registrar.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.10 , R.C. 4507.11
Prior Effective Dates: 2/6/68, 6/14/79, 8/10/81, 4/20/96, 4/23/06, 8/13/07

4501:1-1-11 Failure of driver examination.

(A) If a person, who is making application for a temporary instruction permit identification card (TIPIC) pursuant to rule 4501:1-1-07 of the Administrative Code, fails the vision test or the color blindness test prescribed in paragraph (A) or paragraph (B) of rule 4501:1-1-08 of the Administrative Code, no further examination shall be granted unless adequate evidence of sufficient visual improvement has been submitted.

(B) If a person fails any of the written tests prescribed in paragraph (A) or paragraph (B) of rule 4501:1-1-08 of the Administrative Code, the person may retake such test or tests additional times at his request. A person who fails any written test shall be required to wait at least one day prior to retaking such test.

(C) If a person fails either part of the road and maneuverability test prescribed in paragraph (A) of rule 4501:1-1-10 of the Administrative Code, or any of the three parts of the commercial driver's skills test prescribed in paragraph (A) of rule 4501:1-1-28 of the Administrative Code, the person may retake such test or tests three additional times at his request, up to the expiration of his TIPIC.

A person shall not be required to retake any test he has passed during the period that his TIPIC is valid.

A person who fails either part of the road and maneuverability test or any part of the commercial driver's skills test shall be required to wait at least seven days prior to retaking such test.

If the fourth attempt results in failure, the applicant must purchase another TIPIC.

(D) A person, who is making application for a TIPIC pursuant to paragraph (A) of rule 4501:1-1-07 of the Administrative Code, must wait six months before he can purchase another TIPIC.

No person, who is making application for a TIPIC pursuant to paragraph (B) of rule 4501:1-1-07 of the Administrative Code, shall be granted more than two commercial driver's TIPICs within any twenty-four month period.

Replaces: 4501:1-1-11

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.09 , R.C. 4507.01
Rule Amplifies: R.C. 4506.09 , R.C. 4507.10 , R.C. 4507.11 , R.C. 4507.14 , R.C. 4507.22
Prior Effective Dates: 2/8/68, 8/9/78, 12/27/89 (Emer.), 7/9/90, 4/20/96, 4/23/06, 8/13/07

4501:1-1-15 Record retention policy for deputy registrars.

(A) Pursuant to section 4501.021 of the Revised Code, the registrar of motor vehicles hereby determines the methods for collecting, recording, and maintaining the records of deputy registrars that pertain to driver's or commercial driver's licenses, identification cards, and vehicle registrations, including photographic or digitalized images, and electronic or digitalized signatures.

(B) All photographic or digitalized images and electronic or digitalized signatures shall be recorded and maintained electronically on a database maintained by the Ohio department of public safety (department) and bureau of motor vehicles (BMV) and shall be accessible to the deputy registrars by electronic devices furnished and maintained by the department and the BMV.

(C) Applications for driver's or commercial driver's licenses, identification cards, and vehicle registrations shall be recorded and maintained electronically on a database maintained by the department and the BMV and shall be accessible to the deputy registrars by electronic devices furnished and maintained by the department and the BMV. Electronic copies of said deputy registrar records and transactions are available on site through the deputy registrar electronic database system available at every deputy registrar office location. In addition, each deputy registrar shall retain paper copies of all records and transactions performed for the BMV as follows:

(1) Paper copies of motor vehicle registration applications, and supporting documents, shall be retained for a period of eighteen months from the date of the record or transaction, whichever is later;

(2) Paper copies of driver's or commercial driver's license applications, identification card applications, and all supporting documents, shall be retained for a period of four years from the date of the record or transaction, whichever is later;

(3) All other paper records shall be retained for a period of three years from the date of the record or transaction, whichever is later;

(4) The registrar shall establish a secure area in which each deputy registrar may retain and store all paper records in accordance with this policy;

(5) For the first six months of each retention period, all paper copies shall be securely stored on the premises at each deputy registrar's agency;

(6) After the first six months and through the end of the retention period, all paper copies shall be stored on the premises at each deputy registrar's agency or at the secure area established by the registrar for each respective deputy registrar. The paper copies shall be transferred from the premises at each deputy registrar's agency to the secure area established by the registrar by a means and on a schedule prescribed by the registrar. The secure storage area established by the registrar shall be utilized and deemed as the deputy registrar's annex storage space;

(7) At the end of the retention period, the registrar may dispose of all paper records pursuant to section 149.34 of the Revised Code;

(8) The disposal of the paper records shall not take place when the registrar has received notice that a court case or other legal action is pending involving such records;

(9) During the time the paper records are stored on the premises at a deputy registrar agency, they shall be available for public examination, but no person may make copies of the records for sale or distribution. After the paper records are transferred to the secure area provided by the registrar, they shall be available for inspection and copying only in compliance with all applicable statutes and rules governing bureau of motor vehicles records, including section 4501.27 of the Revised Code, commonly referred to as the Drivers Privacy Protection Act.

Replaces: 4501:1-1-15

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.50
Prior Effective Dates: 12/16/76, 4/23/06, 8/13/07

4501:1-1-16 Alcohol and controlled substances.

(A) "Alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety," as used in section 4507.08 of the Revised Code, means:

(1) Convicted three or more times within the immediately preceding three-year period of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the Untied States; or

(2) Is convicted three or more times within a three-year period of any traffic violation where from the evidence presented, the trier of fact finds that alcohol or controlled substances were a contributing factor.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.08
Prior Effective Dates: 5/2/77, 2/1/79, 2/26/82, 4/20/96, 3/24/01, 8/13/07

4501:1-1-17 Restricted license.

(A) The opinion of the registrar as contemplated in section 4507.08 of the Revised Code, shall be based upon any information received by the registrar from:

(1) A federal, state or local police authority;

(2) A licensed physician, hospital, institution, licensed psychologist, or certified alcohol counselor;

(3) The Ohio department of health;

(4) The Ohio industrial commission;

(5) A public or private health institution;

(6) A federal or state court which indicates that the person may be physically or mentally unable to safely operate a motor vehicle on the highways of the state of Ohio due to an addiction or dependence on alcohol or a controlled substance.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.08
Prior Effective Dates: 5/2/77, 2/1/79, 4/20/96, 3/24/01, 8/13/07

4501:1-1-18 Disclosure of medical information by applicant.

(A) The registrar of motor vehicles shall include as part of the application for the original operator's license, or a renewal thereof, questions as to the existence of a physical or mental condition which may impair the ability of the applicant to operate a motor vehicle safely. Such questions shall be answered under oath by the applicant. If the answer to any such question indicates the existence of any such physical or mental condition, the registrar in his discretion may require an examination of the applicant by a licensed physician as a prerequisite to the issuance of an operator's license. Any expense occasioned by such examination shall be borne by the applicant.

(B) When in the course of a routine driver license examination the driver license examiner has reason to believe that the applicant has a physical or mental condition which may impair the ability of the applicant to operate a motor vehicle safely, the applicant shall be instructed by the bureau of motor vehicles to obtain a signed medical report from a licensed physician. The medical report shall be returned to the bureau within twenty days of the date of such physical or mental examination for evaluation by the bureau. No license shall be issued to such applicant prior to a favorable evaluation of the medical report by the bureau or driver examination station.

(C) Any person who is an alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety, as defined in rule 4501:1-1-16 of the Administrative Code, shall not retain a temporary instruction permit or operator's license pursuant to section 4507.08 of the Revised Code.

Driving privileges shall not be restored until the registrar receives information, contained in a form prescribed by the registrar and signed by a physician licensed pursuant to Chapter 4731. of the Revised Code ; a psychologist licensed pursuant to Chapter 4732. of the Revised Code ; a counselor, social worker or marriage and family therapist, licensed pursuant to Chapter 4757. of the Revised Code, whose professional disclosure statement pursuant to section 4757.12 of the Revised Code includes education, training, and experience in alcohol and drug treatment: or a chemical dependency counselor, licensed pursuant to Chapter 4758. of the Revised Code, stating that the person has successfully completed a treatment or rehabilitation program and has maintained a continuous six-month period of sobriety from alcohol and/or freedom from addiction of any controlled substance from the date of completion of the program.

(D) Upon receipt of the form containing satisfactory information as designated in paragraph (C) of this rule, the registrar shall restore driving privileges subject to all other requirements by law.

If an individual receives a subsequent conviction within one year of restoration of driving privileges previously suspended under paragraph (C) of this rule of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the United States, the previous suspension shall be reimposed.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.06 , R.C. 4507.08 , R.C. 4507.10 , R.C. 4507.11
Prior Effective Dates: 5/2/77, 8/10/81, 4/19/82, 4/20/96, 3/24/01, 4/23/06, 8/13/07, 3/25/10

4501:1-1-19 Issuance of minor's license.

(A) The registrar of motor vehicles shall not grant the application of any minor under eighteen years of age for a probationary license or restricted license, unless the application is signed by one of the minor's parents, the minor's guardian, other person having custody of the applicant, or, if there is no parent or guardian, by a responsible person who is willing to assume the obligation imposed under this rule.

When a minor under eighteen years of age applies for a probationary license or restricted license, the registrar of motor vehicles shall give the adult who signs the application notice of the potential liability that can be imputed to the adult pursuant to paragraph (B) of this rule and notice of how the adult can prevent any liability from being imputed to him pursuant to paragraph (B) of this rule.

(B) Any negligence, or willful or wanton misconduct, that is committed by a minor under eighteen years of age when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of the minor for a probationary license or restricted license, which person shall be jointly and severally liable with the minor for any damages caused by the negligence or the willful or wanton misconduct.

There shall be no imputed liability imposed under this paragraph, if a minor under eighteen years of age has proof of financial responsibility with respect to the operation of a motor vehicle owned by the minor or, if the minor is not the owner of a motor vehicle, with respect to the minor's operation of any motor vehicle, in the form and in the amounts required under Chapter 4509. of the Revised Code, the "Financial Responsibility Law," which defines the penalties which can be imposed as a result of a conviction or motor vehicle accident along with the provisions which must be met in order to bring the individual into compliance with this chapter of the Revised Code to maintain driving privileges in this state as a result of a conviction of a moving violation or a motor vehicle accident. This chapter also establishes the limits of acceptable financial responsibility requirements.

(C) Any person who has signed the application of a minor under eighteen years of age for a license, may thereafter surrender to the registrar the license or temporary instruction permit of the minor and request that the license or permit be canceled. The registrar shall then cancel the license or temporary permit, and the person who signed the application of the minor shall be relieved from the liability by paragraph (B) of this rule.

(D) Rule 4501:1-1-37 of the Administrative Code shall govern the application requirements for a nonrenewable license or a nonrenewable identification card issued to a minor temporary resident of the United States.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01 , R.C. 4507.09
Rule Amplifies: R.C. 4507.06 , R.C. 4507.09
Prior Effective Dates: 1/18/80, 11/2/95, 5/15/02 (Emer.), 12/2/02, 4/23/06, 8/13/07

4501:1-1-20 Vision standards for driver license applicants.

[Comment: For dates and availability of material incorporated by reference in this rule, see rule 4501:1-1-39 of the Administrative Code.]

(A) As used in this chapter:

(1) "Visual acuity" means the ability of the eye to discriminate detail, measured according to the size of letters viewed on a Snellen chart from a given distance.

(2) "Corrective lenses" means exclusively, eyeglasses, contact lenses, and intraocular lenses (IOL) and excludes bioptic/telescopic lenses.

(3) "Binocular vision" means visual acuity of twenty/two hundred or better, in both eyes, with or without corrective lenses.

(4) "Monocular vision" means visual acuity of twenty/two hundred or better in only one eye, with or without corrective lenses.

(5) "Combined visual acuity" means visual acuity attained by using both eyes together where applicant has binocular vision.

(6) "Visual field" means area or extent of physical space visible to an eye in a given position, the extent of which, for purposes of this chapter, shall be a minimum of forty-five degrees inward (nasal) and seventy degrees outward (temporal), when the eye is in the straightforward position.

(B) Applicants being examined for an Ohio driver license or endorsement for the first time, applying for a commercial driver's license, or being authorized by the bureau of motor vehicles for reexamination due to administrative action, shall meet the applicable standards of this rule prior to the issuance of a temporary permit or other class of driver's license.

(1) For purposes of this rule persons examined with corrective lenses who are unable to attain the visual acuity required by this rule and persons examined without corrective lenses who are unable to attain the visual acuity required by this rule for the issuance of the appropriate license without visual restrictions on their driver license shall be referred to an ophthalmologist or licensed optometrist of their choice for correction and/or examination and record the results on the form as prescribed by the registrar of motor vehicles.

(2) For purposes of this rule persons wearing eyeglasses shall be examined with or without eyeglasses. Corrective lenses shall be required for driving if the applicant needs them to meet the standards for visual acuity.

(3) Examination results shall be recorded on forms supplied by the registrar and returned to the driver license examiner.

(C) This paragraph applies to driver's, motorcycle and motorized bicycle license applicants.

(1) Persons with binocular vision

(a) Persons with binocular vision whose combined visual acuity is twenty/forty or better, without corrective lenses, shall be issued a license without visual restrictions.

(b) Persons with binocular vision whose combined acuity is poorer than twenty/forty, but not worse than twenty/seventy, shall be restricted to daytime driving only.

(c) Persons with binocular vision unable to attain a combined visual acuity of at least twenty/seventy shall be denied a license.

(2) Persons with monocular vision

(a) Persons with monocular vision whose visual acuity is twenty/thirty or better, without corrective lenses, shall be issued a license without visual restriction.

(b) Persons with monocular vision whose visual acuity is poorer than twenty/thirty but not worse than twenty/sixty shall be issued a license restricted to daytime driving.

(c) Persons with monocular vision unable to attain acuity of at least twenty/sixty shall be denied a license.

(D) This paragraph applies to commercial driver's license applicants (other than school bus driver's license applicants) who are not required to meet the standards of 49 C.F.R. 391.

(1) Persons with binocular vision

(a) Persons with binocular vision whose visual acuity is twenty/forty or better, without corrective lenses, shall be issued a license restricted to intrastate operation of commercial motor vehicles.

(b) Persons with binocular vision whose combined visual acuity is poorer than twenty/forty but not worse than twenty/seventy shall be issued a license restricted to daytime driving only in any vehicle and intrastate operation of commercial motor vehicles.

(c) Persons with binocular vision unable to attain a combined visual acuity of at least twenty/seventy, shall be denied a license.

(2) Persons with monocular vision

(a) Persons with monocular vision whose visual acuity is twenty/thirty or better, without corrective lenses, shall be issued a license restricted to intrastate operation of commercial motor vehicles.

(b) Persons with monocular vision whose visual acuity is poorer than twenty/thirty but not worse than twenty/sixty shall be issued a license restricted to daytime driving only in any vehicle and intrastate operation of commercial motor vehicles.

(c) Persons with monocular vision unable to attain acuity of at least twenty/sixty shall be denied a license.

(E) This paragraph applies to commercial driver's license school bus driver's endorsement applicants.

(1) A commercial driver's license school bus driver's endorsement shall not be issued to a person with monocular vision or with a field of vision less than seventy degrees in the horizontal meridian in each eye, or without the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber.

(2) Persons whose visual acuity in each eye is twenty/forty or better, without corrective lenses, shall be issued a commercial driver's license school bus driver's endorsement without visual restriction.

(3) Persons unable to attain a visual acuity of at least twenty/forty in each eye, shall be denied a commercial driver's license school bus driver's endorsement.

(4) Persons may use corrective lenses to attain these standards. If eyeglasses are used, they must be secured about the head by a restraining device independent of the eyeglasses themselves.

(F) This paragraph applies to commercial driver's license applicants who are required to meet the standards of 49 C.F.R. 391.

(1) A commercial driver's license shall not be issued to a person with monocular vision if that person is required to meet the standards of 49 C.F.R. 391.

(2) Persons whose visual acuity in each eye is twenty/forty or better, without corrective lenses, shall be issued a license without visual restriction.

(3) Persons unable to attain a visual acuity of at least twenty/forty in each eye, shall be denied a license.

(4) Persons may use corrective lenses to attain these standards.

(5) Persons unable to recognize the colors of traffic devices showing standard red, green, and amber shall be denied a license.

(6) Persons unable to attain a seventy-degree visual field on both sides of the fixation point shall be denied a license.

(G) This paragraph contains horizontal-peripheral vision standards for driver's, motorcycle and motorized bicycle license and commercial driver's license applicants who are not required to meet the standards of 49 C.F.R. 391.

(1) A person possessing a seventy-degree visual field on both sides of the fixation point shall be issued a non-restricted license.

(2) If the visual field on one side of fixation is less than seventy degrees the applicant shall be tested and must demonstrate a visual field of at least seventy degrees on one side of fixation and forty-five degrees on the other side of fixation, and the applicant is subject to a restricted license and the use of an outside mirror on the side of the more limited visual field, in addition to an inside mirror, and an applicant for a commercial driver's license shall be restricted to intrastate operation of commercial motor vehicles.

(3) A person who does not demonstrate a visual field of at least seventy degrees on one side of fixation and forty-five degrees on the other side of fixation shall not be issued a license.

(4) Anyone who does not meet visual field standards of seventy degrees on one side and forty-five degrees on the other side, will be referred to an ophthalmologist or a licensed optometrist for further examination and such results are to be recorded on the form as prescribed by the registrar.

(H) In all cases where the applicant is sent to an ophthalmologist or a licensed optometrist for visual correction, the temporary permit or license, whichever the case may be, shall be held by the driver license examiner pending the applicant's return.

After being examined by an ophthalmologist or licensed optometrist, the applicant must return to the driver examination station for further processing of the application or refusal. A retest of the visual acuity of the applicant using the driver examination equipment must be passed before a license is issued.

(1) The applicant shall be instructed that the license will be held at the examination station for a period of thirty days and that the applicant will be unable to drive a motor vehicle until visual correction has been made and the applicant has returned for the remainder of the examination.

(2) If the applicant fails to return within the thirty-day period, the temporary permit or license shall be forwarded to the bureau.

(3) A stop shall be placed against the applicant's name in the files, and further permits and licenses shall not be issued until the applicant is in compliance with the vision standards set forth in this rule.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01 , R.C. 4507.12
Rule Amplifies: R.C. 4506.07 , R.C. 4506.10 , R.C. 4507.10 , R.C. 4507.11 , R.C. 4507.12
Prior Effective Dates: 10/10/80, 9/8/81, 11/29/85, 12/27/89 (Emer.), 7/9/90, 4/20/96, 8/13/07

4501:1-1-21 Acceptable identification to be submitted along with an application for a temporary instruction permit identification card, driver's license, commercial driver's license, motorcycle operator's license, or identification card.

(A) The person who signs an application for a temporary instruction permit identification card, driver's license, commercial driver's license, motorcycle operator's license, or identification card shall present along with the application identification documents sufficient to establish the person's true identity including the person's full legal name, date of birth, legal presence in the United States, residence street address in the state of Ohio, and social security number in accordance with this rule.

(B) Except as otherwise provided in this rule, the applicant shall present at least two identification documents consisting of either one primary and one secondary document or two primary documents. All documents shall be an original or a copy bearing an original certification by the issuing authority. Uncertified copies or copies of certified copies shall not be acceptable. Failure to provide two acceptable identification documents shall result in the denial of the application.

(C) The primary document shall contain the full legal name and date of birth of the applicant and shall be verifiable. The applicant's social security number shall be on either a primary document or a secondary document. The following are acceptable primary documents:

(1) A driver's license from any state, territory, or possession of the United States, with photograph, current or expired not more than six months;

(2) A state issued identification card from any state, territory, or possession of the United States, with photograph, current or expired not more than six months;

(3) A birth certificate, either an original or certified copy, with a seal, and issued by an appropriate governmental agency;

(4) Appropriate United States citizenship and immigration services (USCIS) documents which are original and valid, or like documents issued by the successor agency to the USCIS;

(5) A certified copy of a court order containing the full name and date of birth of the applicant;

(6) A valid United States military service or dependent identification document, with photograph;

(7) A valid United States passport or United States passport card, with photograph, or a passport, with photograph, from another country accompanied by appropriate USCIS documents;

(8) A state issued learner's permit from any state, territory, or possession of the United States, with photograph, current or expired not more than six months;

(9) A valid, Ohio concealed weapons permit, with photograph; or

(10) Any other genuine and reliable document approved by the registrar of motor vehicles.

(D) The following are acceptable secondary documents:

(1) An official social security card or number identification (numident) printout issued by the social security administration, but not a metal card;

(2) A bureau of Indian affairs card or Indian treaty card, but not a tribal identification card;

(3) A certified copy of a court order with or without date of birth;

(4) A credit card;

(5) An employer identification card, with photograph;

(6) A foreign birth certificate accompanied by a translation by an approved translator if the birth certificate is not in English;

(7) A current and valid health insurance card;

(8) An internal revenue service or state tax form issued by the appropriate governmental agency within the past three years, but no W-2 forms;

(9) A marriage certificate or marriage license;

(10) Medical records from a doctor or hospital;

(11) Military discharge separation papers;

(12) A gun permit, with photograph;

(13) A pilot's license;

(14) A certified copy of a school record or transcript;

(15) A student identification card, with photograph, issued by a recognized school or university;

(16) A motor vehicle certificate of title, but no vehicle registrations;

(17) A voter registration card;

(18) A public assistance benefit card issued by a governmental agency;

(19) Any other genuine and reliable document approved by the registrar of motor vehicles.

(E) The applicant's full legal name shall consist of the applicant's current first (given) name, middle name, and last name (surname) without the use of initials or nicknames. If the primary and secondary documents presented do not establish the applicant's full legal name, or the names on the documents are inconsistent, the applicant shall present additional documents to establish the full legal name to the satisfaction of the registrar or deputy registrar. The following documents shall be acceptable for this purpose: a marriage certificate or marriage license; a certified copy of a decree of divorce, dissolution, or annulment of marriage; or a certified copy of a court ordered name change.

(F) To establish the applicant's date of birth, the applicant shall present either a primary or a secondary document containing the date of birth.

(G) The following documents shall be acceptable to establish the applicant's legal presence in the United States:

(1) A birth certificate, either an original or certified copy, with a seal and issued by an appropriate governmental agency of any state, territory, or possession of the United States, provided that a birth certificate issued by Puerto Rico must have been issued on or after July 1, 2010;

(2) A United States passport;

(3) A United States passport card;

(4) A naturalization document issued by the United States;

(5) Appropriate United States citizenship and immigration services (USCIS) documents which are original and valid, or like documents issued by the successor agency to the USCIS showing the dates of legal presence. The registrar may require that any documentation presented be verifiable through the verification lawful status (VLS) or systematic alien verification entitlement (SAVE) databases maintained by the federal government.

(H) If the primary and secondary documents presented do not establish the applicant's current Ohio resident street address, the applicant shall present additional documents containing the applicant's name and current address within Ohio to establish that address to the satisfaction of the registrar or deputy registrar. A post office box or other mail box address is not acceptable. The following documents shall be acceptable if the applicant's current Ohio residence street address is included in the document:

(1) Current and valid automobile liability policy or financial responsibility identification card , premises liability policy, or life insurance policy;

(2) Checking or savings account statement within the last sixty days;

(3) Child support check stub from Ohio department of job and family services with the name and address of the applicant;

(4) Copy of federal or Ohio income tax return filing not more than eighteen months old, with proof of filing;

(5) Court order of probation, order of parole, or order of mandatory release;

(6) School records (satisfactory proof of identity, Ohio residency, and relationship of the parent or guardian to the child applicant is required);

(7) In the case of a dependent child, the bureau of motor vehicles (BMV) may accept a certified statement of residency from the child's parent or guardian, on a form prescribed by the registrar and signed in the presence of a BMV official (satisfactory proof of identity, Ohio residency, and relationship of the parent or guardian to the child applicant is required);

(8) In the case of a married person, the BMV may accept a certified statement of residency from the applicant's spouse, signed in the presence of a BMV official (satisfactory proof of identity, Ohio residency, and marital relationship is required);

(9) Installment loan contract from a bank or other financial institution;

(10) Major credit card statement or major retail store credit card statement with Ohio street address issued within the last sixty days;

(11) Mortgage account or proof of home ownership;

(12) Ohio certificate of title;

(13) Valid Ohio voter registration card;

(14) Paycheck stub issued within the last six months;

(15) Professional license issued by an Ohio governmental agency;

(16) Property tax bill or receipt;

(17) Ohio resident hunting or fishing license, current or previous year;

(18) Sales tax or business license;

(19) Selective service registration acknowledgement card;

(20) Certification of residency from a nursing home or homeless shelter on a form prescribed by the registrar for that purpose;

(21) Utility bill (from an electric, telephone, water, sewer, cable, satellite, heating oil, or propane provider) issued within the last sixty days;

(22) Valid Ohio concealed weapons permit;

(23) Public assistance check stub or food stamp card issued by a governmental agency;

(24) Transportation security administration (TSA) letter;

(25) Vehicle registration renewal notice mailed by the BMV; or

(26) Any other genuine and reliable document approved by the registrar of motor vehicles.

(I) Notwithstanding any other provisions of this rule, a current, valid offender release identification card issued by the Ohio department of rehabilitation and correction containing the person's photograph, name, date of birth, and social security number shall constitute acceptable evidence of the person's identity for the issuance of an Ohio temporary permit, driver's license, commercial driver's license, motorcycle operator's license, or Ohio identification card. If any of the required information is missing from the offender release identification card, the application shall be denied unless the missing information is provided by other acceptable documents enumerated in this rule.

(J) Notwithstanding any other provisions of this rule, a current, valid identification card issued by the Ohio department of youth services (DYS) containing the person's photograph, name, date of birth, and social security number shall constitute acceptable evidence of the person's identity for the issuance of an Ohio temporary permit, driver's license, commercial driver's license, motorcycle operator's license, or Ohio identification card. If any of the required information is missing from the DYS identification card, the application shall be denied unless the missing information is provided by other acceptable documents enumerated in this rule.

(K) Notwithstanding any other provisions of this rule, an Ohio driver's license, Ohio commercial driver's license, Ohio motorcycle operator's license, or Ohio identification card, which is current or has been expired for less than six months and for which the person's social security number has been verified in the records of the BMV shall constitute acceptable evidence of the person's identity for all transactions conducted by the registrar or any deputy registrar. If the social security number has not been verified in the records of the BMV, then the person shall be required to present a second acceptable document verifying the person's social security number.

(L) An applicant who can demonstrate to the registrar's satisfaction that he or she has never been assigned a social security number may apply for a driver's license upon giving acceptable proof of that applicant's true identity, including the person's full legal name, date of birth, legal presence in the United States, and residence street address within the state of Ohio. A person who has been assigned a social security number but later attempts to revoke or cancel it, does not comply with this rule and the application shall be denied unless that person provides acceptable evidence of the social security number previously assigned.

(M) If the person who signs the application does not provide identification as required by this rule, the application shall not be accepted by the registrar of motor vehicles or any deputy registrar. Additional documentation may be required if the above documentation provided is questionable.

(N) The registrar or a deputy registrar may issue a duplicate temporary permit, duplicate driver's license, duplicate commercial driver's license, duplicate motorcycle operator's license, or duplicate identification card to an applicant if all of the following conditions are met: the applicant signs an affidavit stating that the original permit, license, or card was lost or stolen; the applicant presents at least one acceptable document from the primary or secondary document list; the data recorded in the BMV system confirms the applicant's full legal name, date of birth, legal presence in the United States, residence street address in the state of Ohio, and social security number; and the digitized photograph recorded in the BMV data system shows conclusively that the applicant is the person to whom the original temporary permit, driver's license, commercial driver's license, motorcycle operator's license, or identification card was issued.

(O) The registrar of motor vehicles may issue a directive adding any document to, or removing any document from, the application of this rule for good cause pending the amendment of the rule.

Effective: 04/07/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01 , R.C. 4507.09
Rule Amplifies: R.C. 4506.07 , R.C. 4507.06 , R.C. 4507.09 , R.C. 4507.51
Prior Effective Dates: 2/26/82, 11/02/95, 5/15/02 (Emer.), 12/02/02, 4/23/06, 2/01/08, 10/08/09

4501:1-1-22 Issuance of duplicate driver licenses.

A duplicate driver's license or commercial driver's license shall bear on it the distinguishing number assigned to the licensee and shall contain all information required by section 4507.13 of the Revised Code. It shall be issued so that it shall expire on the birthday of the applicant in the fourth year after the original date of issuance. In no event shall a duplicate license be issued for a period of more than four years from the date of original issuance.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.06
Prior Effective Dates: 12/23/88 (Emer.), 4/9/89, 11/2/95, 8/13/07

4501:1-1-23 [Rescinded] Serious traffic violation defined for purposes of commercial driver's license sanctions.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4506.01
Prior Effective Dates: 12/27/89 (Emer.), 6/4/90, 4/20/96, 4/23/06, 8/13/07

4501:1-1-24 Disqualification of commercial driver for certain convictions.

(A) Whenever the registrar of motor vehicles receives information that a driver has received a conviction of an offense described in section 4506.15 of the Revised Code or division (B)(4), (B)(5), or (B)(6) of section 4506.16 of the Revised Code or receives a sworn report as described in section 4506.17 of the Revised Code and the driver is thereby subject to disqualification, the registrar shall notify the driver, by regular mail to the driver's last known mailing address of the offense or offenses involved, of the length of time for which disqualification is to be imposed, and that the driver may request a hearing within thirty days of the mailing of the notice to show cause why he should not be disqualified from operating a commercial motor vehicle.

(B) The notice shall also inform the driver that at the hearing he may appear in person or by his attorney or may present his position, argument, or contentions in writing and that at the hearing he may present evidence and examine witnesses appearing for and against him.

For the purposes of this rule, conviction of a violation for which disqualification is required may be evidenced by any of the following:

(1) A judgment entry of a court of competent jurisdiction;

(2) An administrative order of a state agency having statutory jurisdiction over commercial drivers, including a notice of disqualification as described in division (F) of section 4506.16 or in division (E) of section 4506.17 of the Revised Code;

(3) A computer record obtained from or through the commercial driver's license information system;

(4) A computer record obtained from or through a state agency having statutory jurisdiction over drivers or the records of commercial drivers.

(C) If a request for such a hearing is not received by the bureau of motor vehicles within thirty days of the mailing of the notice, the order of disqualification is final without further notice to the driver.

(D) If a request for such a hearing is received by the registrar within thirty days of the mailing of the notice, the registrar shall stay the imposition of the disqualification order and shall schedule the matter for hearing. To the extent it is practical to do so, the registrar shall schedule the hearing no sooner that twenty-eight days and no later than sixty-three days after the receipt of the request for hearing. The failure of the registrar to schedule the hearing within such times shall not affect the validity of any order issued as the result of the hearing whenever it is scheduled. No later than fourteen days prior to the hearing, the registrar shall notify the driver of the date, time, and place of the hearing by regular mail sent to the driver's last known address. The notice shall also inform the driver that at the hearing he may appear in person or by his attorney, or may present his position, arguments, and contentions in writing and that at the hearing he may present evidence and examine witnesses appearing for and against him. A copy of the notice shall be mailed to the driver's attorney of record if an attorney has entered an appearance in the matter.

(E) The hearing shall be held in Franklin county, Ohio, unless the registrar designates another location within the state, which in no instance shall be farther from the driver's residence than Franklin county.

(F) No continuance of any hearing shall be granted unless there is a showing of good cause. The order granting any continuance shall set a date certain for the hearing no later than seventy days after the original hearing was scheduled. In issuing any order granting a continuance, the registrar may, upon his own determination or upon recommendation of the hearing examiner, terminate the stay of the disqualification and impose the disqualification pending final disposition.

(G) In any disqualification hearing, the registrar may appoint a hearing examiner to conduct said hearing. The hearing examiner shall have the same powers and authority in conducting said hearing as granted to the agency. Such hearing examiner shall have been admitted to the practice of law in this state and be possessed of such additional qualifications as the registrar requires. The hearing examiner shall submit to the agency a written report setting forth his findings of fact and conclusions of law and a recommendation of the action to be taken by the agency. A copy of such written report and recommendation of the examiner shall be served upon the party or his attorney of record, by regular mail. The party may, within fourteen days of mailing of such copy of such written report and recommendation, file with the agency written objections to the report and recommendation, which objections shall be considered by the agency before approving, modifying, or disapproving the recommendation. The agency may grant extensions of time to the party within which to file such objections. No recommendation of the referee or examiner shall be approved, modified, or disapproved by the agency until after fourteen days after mailing of such report and recommendation as provided in this rule. The agency may order additional testimony to be taken or permit the introduction of further documentary evidence. The recommendation of the referee or examiner may be approved, modified, or disapproved by the agency, and the order of the agency based on such report, recommendation, transcript of testimony and evidence, or objections of the parties, and additional testimony and evidence shall have the same effect as if such hearing has been conducted by the agency. No such recommendation shall be final until confirmed and approved by the agency as indicated by the order entered on its record of proceedings, and if the agency modifies or disapproves the recommendation of the hearing examiner it shall include in the record of its proceedings the reasons for such modification or disapproval. After such order is entered, the agency shall serve by regular mail upon the party affected thereby, a copy of the order and a statement of the time and method by which an appeal may be perfected. An appeal of the order shall not stay the imposition of any disqualification unless a stay order is issued by the court to which the appeal is made. A copy of such order shall be mailed to the attorney of record representing the party.

(H) For the purpose of conducting the hearing the agency shall have the subpoena powers as set forth in section 119.09 of the Revised Code. The agency may require the attendance of such witnesses and the production of such books, records, and papers as it desires, and it may take the depositions of witnesses residing within or without the state in the same manner as prescribed by law for taking of depositions in civil actions in the court of common pleas, and for the purpose the agency may, and upon the request of any party receiving notice of said hearing shall, issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, or papers, directed to the sheriff of the county where such witness resides or is found, which shall be served and returned in the same manner as a subpoena in a criminal case. The fees and mileage of the sheriff and witnesses shall be the same as that allowed in the court of common pleas in criminal cases. Fees and mileage shall be paid from the fund in the state treasury for the use of the agency in the same manner as other expenses of the agency. In any case of disobedience or neglect of any subpoena served on any person or the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated, the court of common pleas of any county where such disobedience, neglect, or refusal occurs or any judge thereof, on application by the agency shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court, or a refusal to testify therein. At any hearing, the record of which may be the basis of an appeal to court, a stenographic record of the testimony and other evidence submitted shall be taken at the expense of the agency. Such record shall include all of the testimony and other evidence, and rulings on the admissibility thereof presented at the hearing. The stenographic record need not be transcribed unless it is required for an appeal to court.

(I) The agency shall pass upon the admissibility of evidence, but a party may at the time make objection to the rulings of the agency thereon, and if the agency refuses to admit evidence, the party offering the same shall make a proffer thereof, and such proffer shall be made a part of the record of such hearing.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4506.16 , R.C. 4506.17
Prior Effective Dates: 12/27/89 (Emer.), 6/4/90, 4/20/96, 4/23/06, 8/13/07

4501:1-1-25 Report of peace officer; request of commercial motor vehicle driver to submit to blood, breath or urine test(s) for alcohol concentration or controlled substances.

(A) The report required by section 4506.17 of the Revised Code shall contain the following:

(1) A certification that the investigating peace officer had probable cause to stop or detain the person;

(2) A certification that the investigating peace officer, after investigation, had probable cause to believe that the person was driving a commercial motor vehicle within the state of Ohio in violation of section 4506.15 of the Revised Code;

(3) The name and current address of the driver; sufficient information to identify the driver which may include the driver's date of birth, social security number, driver license number and state of issue, and county of residence; the date and time of the alleged violation; the date and time of refusal to submit to a test or tests, if applicable; the date and time of the submission to a test or tests, if applicable; and, any other information prescribed by the registrar;

(4) A certification that the peace officer read and showed the following statement to the driver: "I am a peace officer; I have probable cause to stop or detain you. After investigating the circumstances, I have probable cause to believe that you were driving a commercial motor vehicle in violation of section 4506.15 of the Revised Code. I request that you submit to a test or tests of your blood, breath, or urine for the purpose of determining your alcohol concentration or the presence of any controlled substance. If you refuse to submit to the test or tests you will immediately be placed out-of-service for twenty-four hours, you will be disqualified from operating a commercial motor vehicle for a period of not less than one year, and you will be required to surrender your commercial driver's license to me;"

(5) A place for the driver to sign acknowledging the fact that the peace officer read and showed the foregoing statement to the driver;

(6) A certification that the peace officer requested the driver to submit to a blood, breath, or urine test or tests for alcohol concentration or for the presence of any controlled substance in accordance with division (A) of section 4506.17 of the Revised Code;

(7) If the driver refused to submit to the requested test or tests, a statement that the driver refused to submit to the requested test or tests; and,

(8) If the driver submitted to the requested test or tests and the test or tests disclosed the presence of a controlled substance or an alcohol concentration of four hundredths of one per cent or more, by whole blood or breath, an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma, or an alcohol concentration of fifty-six-thousandths of one per cent or more by urine, a statement that the test or tests disclosed the presence of a controlled substance or an alcohol concentration of four hundredths of one per cent or more.

(B) The driver's signature on the report shall constitute evidence of the fact that the peace officer read and showed the statement to the driver, but shall not constitute evidence of whether or not the driver refused to submit to the requested test or tests. If the driver refuses to sign acknowledging that the peace officer read and showed the statement to the driver, the peace officer shall note the driver's refusal to sign. The driver's refusal to sign shall not affect the validity or enforceability of the peace officer's report.

(C) The peace officer shall swear to or affirm the contents of the report before a person authorized to administer oaths in this state.

(D) If the report of the peace officer states that the driver refused to submit to the requested test or tests or states that the driver submitted to the requested test or tests which disclosed the presence of a controlled substance or an alcohol concentration of four hundredths of one per cent or more, the registrar shall notify the driver, by regular mail to the address stated on the report, that the driver will be disqualified from driving a commercial motor vehicle for the period required by section 4506.16 of the Revised Code.

(E) The disqualification procedure shall be in accordance with the procedure set forth in rule 4501:1-1-24 of the Administrative Code.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.17 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4506.17
Prior Effective Dates: 12/27/89 (Emer.), 6/4/90, 3/24/01, 4/23/06, 8/13/07

4501:1-1-26 Relief from disqualification for life from operating a commercial motor vehicle.

Any driver disqualified for life from operating a commercial motor vehicle, except a driver convicted of any felony involving the manufacturing, distribution, or dispensing of controlled substances, who has both voluntarily enrolled in, and successfully completed, an appropriate rehabilitation program which meets the standards set forth by the registrar, may apply to the registrar for reinstatement of that driver's commercial driver's license. Such applicants shall not be eligible for reinstatement unless and until such time as the driver has first served a minimum disqualification period of ten years and has fully met all standards imposed by the registrar for reinstatement of commercial motor vehicle driving privileges. Should a reinstated driver be disqualified subsequently for any violation requiring disqualification, said driver shall be permanently disqualified for life, and shall be ineligible to again apply for a reduction of the lifetime disqualification.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4506.16
Prior Effective Dates: 12/27/89 (Emer.), 6/4/90, 4/23/06, 8/13/07

4501:1-1-28 Skills test requirements for commercial driver examinations; waiver.

(A) Upon successfully obtaining a commercial driver's license temporary instruction permit, the applicant may appear at a highway patrol examination station or third party testing facility to take a skills test to determine his ability to drive the type of commercial motor vehicle for which he seeks a commercial driver's license. The examination shall consist of a test divided into three parts: a pre-trip inspection test, a basic control off-road test, and a road test as prescribed by the registrar of motor vehicles. The registrar may waive the pre-trip inspection test and the basic control off-road test for an applicant applying to be licensed for a class C car or a pickup truck.

(B) An applicant shall be considered to have passed the pre-trip inspection test for the type of vehicle for which the test is taken provided that he does not receive a minus score in excess of twenty per cent of the maximum points available for that type of vehicle. Failure to perform a satisfactory air brakes check during the engine start procedure shall constitute an automatic failure of the pre-trip inspection test for a vehicle equipped with air brakes.

(C) An applicant shall be considered to have passed the basic control off-road test provided he does not receive a score in excess of twelve errors. If the registrar determines that any particular maneuver specified in the basic control off-road test cannot be performed safely by any particular type of vehicle, the registrar may designate a substitute maneuver which can be performed safely by that type of vehicle.

(D) An applicant shall be considered to have passed the road test provided he does not receive a score in excess of thirty errors. Committing a moving traffic violation or being involved in an avoidable accident shall constitute an automatic failure of the road test.

(E) The skills tests may be waived for any applicant for a commercial driver's license who meets all of the requirements set forth in sections 4506.06 , 4506.07 , and 4506.08 of the Revised Code and rule 4501-47-02 of the Administrative Code.

(F) All commercial driver's licenses issued after the complete driver license examination has been passed or after the skills test has been waived shall be conditioned or restricted in accordance with the recommendations of the examiner and/or as deemed necessary by the registrar of motor vehicles.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.09 , R.C. 4507.01
Rule Amplifies: R.C. 4506.09
Prior Effective Dates: 12/27/89 (Emer.), 7/9/90, 4/23/06, 2/25/07, 8/13/07

4501:1-1-29 Cancellation of driver's license or commercial driver's license for falsification.

A person whose driver's license or commercial driver's license is cancelled by the registrar for the reason that the person falsified his or her application for a driver's license or commercial driver's license is not eligible to reapply for a driver's license or a commercial driver's license for at least sixty days after the cancellation is effective.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4507.19
Prior Effective Dates: 12/27/89 (Emer.), 6/4/90, 4/23/06, 8/13/07

4501:1-1-30 Entry of commercial motor vehicle information upon uniform traffic ticket.

Every law enforcement officer who issues a uniform traffic ticket involving the operation of a commercial motor vehicle shall, to the extent it is practical to do so, enter upon the uniform traffic ticket information identifying the vehicle as a commercial motor vehicle, identifying any commercial motor vehicle transporting hazardous materials, and any other information relevant to a violation charging a commercial motor vehicle offense.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4506.15
Prior Effective Dates: 12/27/89 (Emer.), 6/4/90, 8/13/07

4501:1-1-31 Driver's license suspension for certain school violations.

(A) Upon receipt of information that a child of compulsory school age has withdrawn from school for a reason other than because of a change of residence and is not enrolled in and attending in accordance with school policy an approved program to obtain a diploma or its equivalent, the superintendent of schools of that district shall notify the registrar of motor vehicles of the withdrawal and failure to enroll in and attend an approved program to obtain a diploma or its equivalent. The notification to the registrar shall include a statement to the effect that the child is of compulsory school age, has withdrawn from school for a reason other than a change of residence, and is not enrolled in an approved program to obtain a diploma or its equivalent.

(B) If the board of education of a school district adopts a resolution providing that the provisions of division (B)(2) of section 3321.13 of the Revised Code apply within the district, and if the superintendent of schools of that district determines, after giving notice and an opportunity for an appearance before the superintendent or the superintendent's designee as provided in division (B)(2) of section 3321.13 of the Revised Code, that a child of compulsory school age has been absent without legitimate excuse from the school the child is supposed to attend for more than ten consecutive school days or for at least fifteen total school days, the superintendent shall notify the registrar of motor vehicles that the child has been absent for that period of time and that the child does not have any legitimate excuse for the habitual absence. The notification to the registrar shall include a statement to the effect that the board of education has adopted a resolution providing that division (B)(2) of section 3321.1 [ 3321.13 probably intended] of the Revised Code applies within the district and that the child is of compulsory school age and has been absent without legitimate excuse for more than ten consecutive school days or at least fifteen total school days.

(C) Whenever a pupil is suspended or expelled from school pursuant to section 3313.66 of the Revised Code and the reason for the suspension or expulsion is the use or possession of alcohol, a drug of abuse, or alcohol and a drug of abuse, the superintendent of schools of that district may notify the registrar of such suspension or expulsion. Any such notification of suspension or expulsion shall include a statement to the effect that the pupil has been suspended or expelled from school pursuant to section 3313.66 of the Revised Code because of the use or possession of alcohol, a drug of abuse, or both.

(D) A notification of withdrawal, habitual absence without legitimate excuse, suspension, or expulsion given to the registrar under division (B)(1), (B)(2), or (B)(3) of section 3321.13 of the Revised Code, shall contain the name, address, date of birth, school, and school district of the child. If it is available and disclosure is not prohibited by law, the social security number of the child shall also be included. If the superintendent finds, after giving a notification of withdrawal, habitual absence without legitimate excuse, suspension, or expulsion to the registrar, that the notification was given in error, the superintendent immediately shall notify the registrar of that fact.

(E) Nothing contained in this rule shall prohibit the use of a copy of the notification form prescribed by the registrar of motor vehicles for the purpose of giving notice to the juvenile judge of the county in which the district is located as required by section 3321.13 of the Revised Code.

(F) Upon receipt of any notification given by a superintendent under this rule, the registrar shall determine whether the information provided is sufficient to permit the registrar to take the suspension action set forth in section 4510.32 of the Revised Code. If the registrar determines that the information is sufficient, the registrar shall impose the suspension. If the registrar determines that the information is not sufficient, the registrar shall return the notification to the superintendent and shall not impose the suspension until sufficient information is provided by the superintendent.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 3321.13
Rule Amplifies: R.C. 3321.13 , R.C. 4510.32
Prior Effective Dates: 4/3/97, 4/23/06

4501:1-1-32 Evidence of a high school diploma or a general educational development certificate.

A person whose temporary instruction permit, driver's license, or privilege to apply for a temporary permit or driver's license has been suspended under the provisions of section 4510.32 of the Revised Code may provide evidence of receipt of a high school diploma or a general educational development certificate of high school equivalence to the registrar of motor vehicles by presenting any of the following: an original high school diploma or a certified copy thereof, an original general educational development certificate of high school equivalence or a certified copy thereof, a letter from the principal of the high school which granted the diploma or from the superintendent of the school district in which the diploma was granted, or any document the registrar may approve individually.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4510.32
Rule Amplifies: R.C. 4510.32
Prior Effective Dates: 4/3/97, 4/23/06

4501:1-1-33 Vision and examination standards for persons using bioptic/telescopic devices.

(A) As used in this rule and in rule 4501:1-1-20 of the Administrative Code:

(1) "Bioptic/telescopic device" or "bioptic/telescopic lenses" means a two-focus optical system used to magnify distant objects by including a small telescope which is mounted in a spectacle lens in a manner to allow an unobstructed view of the horizontal visual field through the person's normal distance corrective lens.

(2) "Certified driving training and evaluation program" means a program which provides or coordinates comprehensive vision assessment relating to driving skills including, without limitation, vision, hearing, and mobility, and training designed to improve those skills and is approved by the registrar of motor vehicles and the director of public safety in compliance with rule 4501:1-1-34 of the Administrative Code.

(3) "A restricted out-of-state driver" means a person who presents an unexpired license of another state with a restriction requiring the use of a bioptic/telescopic device.

(B) A person who attempts but fails to qualify for a driver's license under the vision standards set forth in rule 4501:1-1-20 of the Administrative Code, may qualify for a driver's license by the use of a bioptic/telescopic device if all of the requirements of this rule are met. No commercial driver's license, motorcycle license or endorsement, or motorized bicycle license or endorsement, or motorized bicycle license shall be issued under this rule.

(C) After it is determined that a person cannot qualify for a driver's license without the use of a bioptic/telescopic device under the vision standards set forth in rule 4501:1-1-20 of the Administrative Code, the person may be referred to a certified driving training and evaluation program approved by the registrar and the director. The person shall first be examined to determine whether his vision can be corrected with the use of a bioptic/telescopic device to meet the standards set forth in rule 4501:1-1-20 of the Administrative Code. If the certified driving training and evaluation program determines that the person will be able to meet all of the assessment standards of the program as delineated in paragraph (A)(2) of this rule with regard to the use of a bioptic/telescopic device, the person shall then be given examinations for knowledge of the motor vehicle laws of the state of Ohio and for recognition of road signs and signals pursuant to paragraph (A) of rule 4501:1-1-07 of the Administrative Code at a highway patrol examination station. The assessment of a restricted out-of-state driver shall exclude the mobility assessment. The foregoing examinations may be taken orally. The examination for recognition of road signs and signals may be administered using facsimiles of road signs and signals enlarged to no larger than four images per eight-and-one-half by eleven inch field in size. Upon successful completion of the foregoing examinations, the person may be issued a restricted temporary instruction permitidentification card which shall be valid only when the person is accompanied by an appropriate employee of a certified driving training and evaluation program or a trained examiner of the Ohio highway patrol. Such a permit shall not be required of a restricted out-of-state driver. When issued, the restricted temporary instruction permit identification card shall be sent to the certified driving training and evaluation program to be held for the applicant during the evaluation and training process.

(D) No person shall be eligible to take the comprehensive driver examination provided for in this rule until that person first successfully demonstrates that the applicant's visual acuity as measured through the bioptic/telescopic device and the applicant's visual fields as measured with the bioptic/telescopic device in place meet the vision standards set forth in rule 4501:1-1-20 of the Administrative Code.

(E) A person who has obtained a certificate of successful completion and recommendation for a comprehensive driver examination and a restricted out-of-state driver who has successfully completed the highway patrol examinations in paragraph (C) of this rule shall be eligible to take a comprehensive driver examination administered by the Ohio highway patrol. A person who has an Ohio driver's license restricted to daytime driving only pursuant to paragraph (C)(2)(b) or (D)(1)(b) of rule 4501:1-1-20 of the Administrative Code shall be eligible to take a comprehensive night driving examination after complying with paragraphs (K)(1) and (K)(2) of this rule.

(F) The comprehensive driver examination shall be administered by at least two examiners employed by the highway patrol each of whom shall be trained to administer a comprehensive driver examination in accordance with this rule.

(G) The comprehensive driver examination shall be over a route or routes which are specifically designated for examination purposes under this rule, shall be sufficiently comprehensive to adequately test the driving skills and perception abilities of a person using a bioptic/telescopic device, and shall test the person's ability to operate and react appropriately to various traffic conditions.

(H) A person who fails the comprehensive driver examination three times (or, in the case of a restricted out-of-state driver, two times) shall not be eligible to retake the comprehensive driver examination until that person has received further evaluation and training and has been issued a new certificate of successful completion and recommendation for a comprehensive driver examination from a certified driving training and evaluation program. A person who fails the comprehensive driver examination four times will need to wait at least six months before retesting.

(I) If the person passes the comprehensive driving examination, a driver's license shall be issued subject to any restrictions suitable to the licensee's driving ability as determined by the highway patrol examiners unless those restrictions are modified or disapproved, in writing, by the registrar or his authorized designee. The person's first license shall be restricted to driving during daylight hours only unless the person is eligible to take a comprehensive night driving examination under paragraph (E) of this rule and complies with paragraphs (K)(1) and (K)(2) of this rule.

If the person fails the night driving examination, the daytime driving privileges shall not be revoked unless determined and documented by a physician, highway patrol examiner or the registrar that the person cannot operate during daylight hours without the appropriate bioptic/telescopic device.

(J) If a person has not been convicted of any traffic offenses and has not been involved in any at-fault accidents in the previous twelve months after first being licensed in this state or another state (with or without restriction), he may then apply for driving privileges during unrestricted hours.

(K) The daylight driving only restriction, including such a restriction on an unexpired license of another state, may be removed from a person's driver's license under this rule if the person does all of the following:

(1) Meets with the use of a bioptic/telescopic device the vision standards set forth in rule 4501:1-1-20 of the Administrative Code for driving during unrestricted hours;

(2) Successfully completes additional evaluation and training for night driving at a certified driving training and evaluation program unless the person has presented an unexpired license of another state with a restriction allowing daytime and nighttime driving with the use of a bioptic/telescopic device; and

(3) Passes a comprehensive night driving examination which shall be conducted between at least one-half hour after sundown and one-half hour before sunrise by at least two examiners of the Ohio highway patrol.

(L) No more than two restricted temporary instruction permits shall be issued to a person within any twenty-four month period.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02
Rule Amplifies: R.C. 4507.10 , R.C. 4507.11 , R.C. 4507.12
Prior Effective Dates: 12/24/90, 4/20/96, 4/23/06

4501:1-1-34 Certified driving training and evaluation programs.

(A) No program shall be certified as a certified driving training and evaluation program as defined in paragraph (A)(2) of rule 4501:1-1-33 of the Administrative Code until the registrar of motor vehicles and the director of public safety, after consultation with the driver training and evaluation advisory committee, determine that the program meets all the requirements of this rule and issue a certificate signed by the registrar and director to that effect. The certificate shall be valid for a period of two years as specified by the registrar and director. The certificate may be canceled at any time if the registrar and director find that the program no longer meets all the requirements of this rule or for any reason found by the registrar and director to constitute good cause for cancellation. The registrar and director shall send written notice of the cancellation to the program and shall give a specific reason for the cancellation. The driver training and evaluation advisory committee shall consist of four or more persons, who shall serve at the pleasure of the director and registrar, each of its members shall have past or present experience in a certified driving training and evaluation program and shall have expertise in one of the following areas: initial vision evaluation, bioptic device fitting and evaluation, mobility training with a bioptic device, and driver's training with a bioptic device. Each area of expertise shall be represented by its own expert. The committee shall choose its own chairman or chairwoman and shall meet at least once each calendar year or at the call of the chairman or chairwoman or registrar or director. The members of the committee shall serve without compensation and shall bear their own expenses. The committee shall evaluate new programs as well as consider the recertification of existing programs in accordance with paragraph (A) of this rule.

(B) Any program seeking to apply for certification as a certified driving training and evaluation program shall submit a comprehensive written plan which shall specify and demonstrate, to the satisfaction of the registrar and director, the program's ability to administer a comprehensive evaluation, assessment, and training program in accordance with the requirements of this rule. The registrar and director may specify any other information which may be required to obtain certification. Each driver training and evaluation program shall consist of at least four sections: initial vision evaluation, bioptic device fitting and evaluation, mobility training with a bioptic device, and driver's training with a bioptic device. Standards for each of these sections shall be set by the registrar and director after consultation with the driver training and evaluation advisory committee and shall include requirements for facility and test equipment, qualification of staff, and testing procedures. Standards for each driver training and evaluation program, as a whole, shall be set by the registrar and director after consultation with the driver training and advisory committee and shall include requirements for maximum distance between each of the program sections and sites where services are provided as well as the method of communication between each program section.

(C) A certified driving training and evaluation program shall be capable of providing or coordinating testing and evaluation in the following areas: vision and vision correction, hearing, and orientation and mobility; and shall be capable of providing or coordinating all phases of driver evaluation and training, all in accordance with standards prescribed by the registrar and the director.

(D) The certified driving training and evaluation program shall make a determination of whether or not a person referred to it is an appropriate candidate for examination for a driver's license in accordance with rule 4501:1-1-33 of the Administrative Code. At any time a certified driving training and evaluation program determines that a person is not an appropriate candidate for examination, or that a person cannot successfully complete the program requirements, the program shall so notify the person in writing. If a person successfully completes all requirements and the certified driving training and evaluation program determines that the person is qualified, the program shall issue a certificate of successful completion and recommendation for a comprehensive driver examination in accordance with paragraph (E) of rule 4501:1-1-33 of the Administrative Code.

R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01
Rule Amplifies: R.C. 4507.10 , R.C. 4507.11 , R.C. 4507.12
Prior Effective Dates: 12/24/90, 5/3/96, 4/23/06, 8/13/07

4501:1-1-35 Residency for driving and identification purposes; nonresident driving privileges.

(A) No Ohio driver's license, commercial driver's license, motorcycle operator's license, temporary instruction permit identification card (TIPIC) or identification card other than a nonrenewable license or a nonrenewable identification card shall be issued to any person unless that person qualifies as a resident of Ohio under this rule.

(B) The registrar of motor vehicles and all deputy registrars, in determining the residency of a person applying for an Ohio driver's license, commercial driver's license, motorcycle operator's license, TIPIC, or identification card shall be governed by this rule.

(C) For the purpose of this rule, "resident" of Ohio means a person who is a native-born or naturalized citizen of the United States or a person who presents credible evidence from the United States citizen and immigration services (USCIS) that the person is a permanent resident of the United States; and

(1) The person currently either lives within Ohio; or

(2) The person has left Ohio, for temporary purposes only, with a specific intention to return to Ohio to live.

(D) For the purposes of this rule, "nonresident" of Ohio means a person who does not live in Ohio and has no specific intention to move to or return to Ohio to live; or a person who currently lives in Ohio, for temporary purposes only, with a specific intention to return to live in a different state or country of residence.

(E) An Ohio driver's license or identification card issued under paragraph (C) of this rule shall not be considered evidence of the person's residency in Ohio for any other purpose.

(F) Proof of Ohio residence must be shown in accordance with the acceptable documentation set forth in this chapter.

(G) Pursuant to section 4507.04 of the Revised Code, nonresidents of Ohio who are residents of another state or territory of the United States and who are permitted to drive upon the highways of their own state or territory, may operate any motor vehicle upon any highway in this state without examination or license under sections 4507.01 to 4507.39 of the Revised Code, upon condition that such nonresidents 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.

(H) Pursuant to the "Convention on the Regulation of Inter-American Auto-MotiveTraffic," (December 15, 1943), nonresidents of Ohio who are residents of any country that is a signatory to said convention, who are permitted to drive upon the highways of their own country, and who possess a valid, unexpired H-2A visa, may operate a motor vehicle, other than a commercial motor vehicle as defined in section 4506.01 of the Revised Code, upon any highway in this state without examination or license under sections 4507.01 to 4507.39 of the Revised Code, upon condition that such nonresidents may be required at any time or place to present all of the following:

(1) A valid driver's license issued by their own country and that country is a signatory to said convention;

(2) A valid, unexpired H-2A visa;

(3) Proof of valid registration of the motor vehicle;

(4) Proof of financial responsibility for the operation of the vehicle.

The "Convention on the Regulation of Inter-American Auto-MotiveTraffic," (December 15, 1943) may be accessed at:

http://www.oas.org/dil/treaties_C-11_Convention_on_the_Regulation_of_Inter-American_Auto-Motive_Traffic_sign.htm

Effective: 02/08/2013
R.C. 119.032 review dates: 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01 , R.C. 4507.09
Rule Amplifies: R.C. 4506.07 , R.C. 4507.06 , R.C. 4507.09 , R.C. 4507.50
Prior Effective Dates: 4/3/97, 5/15/02 (Emer.), 12/2/02, 4/23/06, 8/13/07, 3/21/11

4501:1-1-36 Donor registry for anatomical gifts.

(A) The registrar of motor vehicles shall establish and maintain within the bureau of motor vehicles a donor registry that identifies each individual who has agreed to make an anatomical gift by a designation in conjunction with the issuance of a driver's license, commercial driver's license, motorcycle operator's license or endorsement, or state of Ohio identification card.

(B) Any person making an application to the registrar of motor vehicles or any deputy registrar for a driver's license, commercial driver's license, motorcycle operator's license or endorsement, or Ohio identification card, or renewal of any of them, shall be asked whether the applicant wishes to certify the applicant's willingness to make an anatomical gift under section 2108.04 of the Revised Code.

(C) If the applicant states the applicant's willingness to make an anatomical gift, the registrar or deputy registrar shall enter upon the application a statement evidencing the applicant's willingness to make an anatomical gift. The registrar or deputy registrar shall also enter upon any license or identification card issued to the applicant a symbol indicating the applicant's willingness to make an anatomical gift.

(D) The registry established within the bureau shall contain the records of all applicants who have signed an application containing a statement evidencing their willingness to make an anatomical gift. . The registrar may maintain all such records in any format, electronic or otherwise, which reasonably assures the accuracy of the record.

(E) In addition to the statement of gift entered on an application for a driver's license, commercial driver's license, motorcycle operator's license or endorsement, or Ohio identification card, the registrar shall prescribe a donor registry enrollment form to permit an individual to state the individual's willingness to make an anatomical gift. The registrar may permit the individual to submit the donor registry enrollment form on paper or electronically in accordance with instructions prescribed by the registrar. Upon receipt of the donor registry enrollment form by the registrar, the individual's wishes shall be entered in the registry.

(F) The registrar shall establish and maintain the registry in a manner that provides to organ procurement organizations, tissue banks, and eye banks immediate access to the information in the registry twenty-four hours a day and seven days a week. To accomplish this, the bureau shall make the registry information available to organ procurement organizations, tissue banks, and eye banks by electronic or other means. The registrar shall prescribe the method for electronic access, the authorization requirements for access, and appropriate security safeguards.

(G) The registry shall contain the name, last known address, and date of birth of the donor. The registry may also contain the social security number if known, the license or identification card number, and general physical characteristics of the individual, and any other information prescribed by the registrar.

(H) An individual may revoke his or her intent to make an anatomical gift and the bureau shall remove the individual's name from the donor registry if the individual gives express notice to the bureau stating that the individual no longer wishes to be registered as a donor. The notice may be given by a notation on an application for a driver's license, commercial driver's license, motorcycle operator's license or endorsement, or state of Ohio identification card, by separate written instrument delivered to the registrar's headquarters office in Columbus, or electronically in accordance with instructions prescribed by the registrar.

(I) Access to registry information shall be limited to licensed and certified organ procurement organizations, tissue banks, and eye banks for their use in consultation with donors and prospective donors; the spouse, adult son or daughter, parent, adult brother or sister, grandparent, or guardian of any donor or prospective donor; any person authorized or under an obligation to dispose of the body of a decedent; any physician or surgeon; any hospital; or any other recovery agency as defined in section 2108.01 of the Revised Code.

(J) The director of health in consultation with the second chance trust fund advisory committee created under section 2108.35 of the Revised Code shall develop, publish, and disseminate information on organ, tissue, and eye donations. The director shall provide copies of the information on organ, tissue, and eye donations to the registrar. The registrar shall disseminate the information provided at all locations operated by the registrar and at all deputy registrar locations throughout the state.

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 2108.23
Rule Amplifies: R.C. 2108.23 , R.C. 2108.04
Prior Effective Dates: 1/7/02

4501:1-1-37 Nonrenewable drivers licenses and nonrenewable identification cards for temporary residents.

(A) As used in this rule,

(1) "Nonrenewable license" means an Ohio driver's license, commercial driver's license, motorcycle operator's license, temporary instruction permit identification card (TIPIC) or any duplicate thereof issued to an applicant who is not a citizen or permanent resident of the United States. A nonrenewable license shall not extend beyond the duration of an applicant's temporary residence in this state, and shall expire automatically on the same date listed on the applicant's legal presence documentation, or on the same date in the fourth year after the date the nonrenewable license is issued, whichever comes first. A nonrenewable license is nontransferable, meaning that the holder may not rely on it to obtain a driver's license in another state.

(2) "Nonrenewable identification card" means an Ohio identification card or duplicate identification card issued to an applicant who is not a citizen or permanent resident of the United States. A nonrenewable identification card shall not extend beyond the duration of an applicant's temporary residence in this state, and shall expire automatically on the same date listed on the applicant's legal presence documentation, or on the same date in the fourth year after the date the nonrenewable identification card is issued, whichever comes first. A nonrenewable identification card is nontransferable, meaning that the holder may not rely on it to obtain an identification card in another state.

(3) "Temporary resident" means any person who lives in Ohio but does not qualify as a resident of this state under paragraph (C) of rule 4501:1-1-35 of the Administrative Code.

(4) "Legal presence" means for the purposes of this rule that the individual has taken the necessary steps to ensure that they have a recognizable legal status with the United States as evidenced by the appropriate legal documents issued by the United States citizen and immigration services (USCIS).

(5) "Legal presence documentation" means for the purposes of this rule the legal documents issued by the United States citizen and immigration services (USCIS). The documentation must be verifiable in accordance with rule 4501:1-1-21 of the Administrative Code.

(B) A nonrenewable license or nonrenewable identification card may be issued to a temporary resident of this state when the applicant presents acceptable documents, including those listed in rule 4501:1-1-21 of the Administrative Code, verifying the following: the applicant's full legal name, date of birth, social security number if ever assigned, proof of Ohio street address and legal presence in the United States, and temporary residence in this state.

(C) A nonrenewable license or a nonrenewable identification card may not be replaced by a new license or identification card unless the applicant provides acceptable documentation of the applicant's full legal name, date of birth, social security number if ever assigned, proof of Ohio street address, continued legal presence in the United States, and continued temporary residence in this state. Acceptable documentation shall conform to the documents listed in rule 4501:1-1-21 of the Administrative Code.

(D) A nonrenewable Ohio driver's license or a nonrenewable identification card may contain any security features the registrar prescribes, including, but not limited to:

(1) The license shall list the month, day, and year of expiration.

(2) The license shall conspicuously state that it is "nonrenewable and nontransferable".

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2010 and 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4507.01 , R.C. 4507.09
Rule Amplifies: R.C. 4507.09
Prior Effective Dates: 12/02/02, 4/23/06, 8/13/07

4501:1-1-38 Juvenile driver improvement programs.

Under section 4510.311 of the Revised Code, the registrar of motor vehicles is required to establish standards for juvenile driver improvement programs and is required to approve any programs that meet the established standards. With the exception of rule 4501-21-14 of the Administrative Code which is not applicable, such driver improvement program and approval standards are included in Chapter 4501-21 of the Administrative Code governing remedial driving courses.

R.C. 119.032 review dates: 03/09/2010 and 03/09/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4510.311
Rule Amplifies: R.C. 4510.311
Prior Effective Dates: 05/18/2006

4501:1-1-39 Material approved for incorporation by reference.

This chapter includes material that has been incorporated by reference. As the material is subject to change, only the specific version listed in this rule is incorporated. Any amendment or revision to the referenced material is not incorporated unless and until this rule has been amended to specify the new date. The material incorporated by reference in this chapter is available as follows:

Title 49, part 391, of the Code of Federal Regulations, 49 C.F.R. 391 (October 1, 2010), may be obtained at the: "U.S. Government Printing Office, 732 N. Capitol Street NW, Washington DC 20401," or via its website at http://www.gpoaccess.gov

Replaces: 4501:1-1-39

Effective: 03/21/2011
R.C. 119.032 review dates: 12/30/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , R.C. 4506.22 , R.C. 4507.01
Rule Amplifies: R.C. 4501.02 , R.C. 4506.22
Prior Effective Dates: 8/13/07

4501:1-1-40 Next of kin database.

(A) The registrar of motor vehicles shall establish within the bureau of motor vehicles a database of the next of kin of persons who hold an Ohio driver's license, commercial driver's license, temporary instruction permit identification card (TIPIC), motorcycle operator's license or endorsement, motorized bicycle operator's license, or state identification card. Information in the database shall be accessible only to employees of the bureau of motor vehicles and to criminal justice agencies and is not a public record for purposes of section 149.43 of the Revised Code. The database shall be known as the Ohio next of kin database.

(B) When an individual submits an application to the registrar of motor vehicles or a deputy registrar for a driver's license, commercial driver's license, TIPIC, motorcycle operator's license or endorsement, motorized bicycle operator's license, or state identification card, or renewal of any of them, the individual shall be furnished with an application for entry in the Ohio next of kin database on which the individual may list the name, address, telephone number, and relationship to the individual of at least one contact person whom the individual wishes to be notified if the individual is involved in a motor vehicle accident or emergency situation and the individual dies or is seriously injured or rendered unconscious and is unable to communicate with the contact person. The contact person may or may not be the next of kin of the individual, except that if the individual is under eighteen years of age and is not emancipated, the contact person shall include the parent, guardian, or custodian of the individual.

(C) Application for entry in, or changes to, the Ohio next of kin database shall be made electronically on the bureau of motor vehicles website at http://bmv.ohio.gov/ or in person at any bureau office or deputy registrar agency who shall accept the application from the individual without payment of any fee. The bureau will not enter or change any information except upon electronic or written application of the individual himself or herself. The registrar may prescribe security requirements to protect against unauthorized entry of, access to, or changes to the next of kin and contact person information.

(D) The registrar shall prescribe which information is mandatory and which information is optional for entry into the Ohio next of kin database. The form shall contain the option to add, remove, or change next of kin information; the individual's name, address, and Ohio driver license or identification card number; and the emergency contact's name, address, telephone number, and relationship to the individual. The individual may list the names and contact information for no more than two contact persons.

(E) By submitting the application for entry in the Ohio next of kin database, the individual consents to the use of the information in accordance with section 4501.81 of the Revised Code and this rule.

(F) The registrar shall establish and maintain the Ohio next of kin database in a manner that provides the information to criminal justice agencies twenty-four hours a day and seven days a week except in cases of computer malfunction or other emergency circumstances.

(G) In the event of a motor vehicle accident or emergency situation in which an individual dies or is seriously injured or rendered unconscious, and is unable to communicate with the contact person specified in the database, an employee of a criminal justice agency shall make a good faith effort to notify the contact person of the situation. However, no liability shall be incurred if the bureau of motor vehicles, the employee, or the criminal justice agency is unable to notify the contact person.

R.C. 119.032 review dates: 08/22/2013 and 08/22/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.81
Rule Amplifies: R.C. 4501.81
Prior Effective Dates: 8/24/08, 3/21/11, 2/10/12

4501:1-1-45 [Effective 7/15/2013] Bureau of motor vehicles fee installment plan.

(A) The registrar of motor vehicles shall establish and maintain a plan to permit persons to pay reinstatement fees in installments. The plan shall be known as the bureau of motor vehicles (BMV) fee installment plan.

(B) As used in this rule:

(1) "Suspension" includes the suspension, revocation, cancellation, or disqualification of a person's driving or vehicle registration privileges;

(2) "Mandatory period" means any period during which driving or vehicle registration privileges are not available to the person notwithstanding the payment of reinstatement fees or compliance with other reinstatement requirements;

(3) "Reinstatement fees" include all fees described in division (B) of section 4510.10 of the Revised Code, vehicle immobilization fees collected pursuant to section 4503.233 of the Revised Code, warrant block processing fees collected pursuant to sections 4503.13 and 4507.091 of the Revised Code, and any other fees payable to the registrar as a result of a suspension of driving or vehicle registration privileges.

(C) A person may apply for a BMV fee installment plan if all the following conditions are met:

(1) The person's driving privileges were previously under suspension;

(2) The mandatory periods of all the person's suspensions have ended;

(3) The person's driving privileges have not been restored because the person has not yet complied with all reinstatement requirements except for the payment of reinstatement fees;

(4) The person owes reinstatement fees of at least one hundred fifty dollars;

(5) The person is not enrolled in a court-approved fee payment plan pursuant to section 4510.10 of the Revised Code at the time of application. If the court terminates the court-approved fee payment plan, the person may then apply for a BMV fee installment plan.

(D) The registrar may do all of the following:

(1) Require the person requesting a BMV fee installment plan to complete the "Application for BMV Fee Installment Plan," form "BMV 1152," (July, 2013), available via the Ohio bureau of motor vehicles' website at http://bmv.ohio.gov/bmv_forms.stm or at any one of BMV's regional reinstatement centers or deputy registrar agencies that accept reinstatement fees and have agreed to the terms and conditions established by the registrar;

(2) Establish a minimum first payment amount to enter the plan. Initially, the minimum first payment shall be fifty dollars. The registrar, at the registrar's discretion, may increase or decrease this amount by publishing notice on the BMV website;

(3) Establish a minimum monthly payment amount. Initially, the minimum monthly payment shall be fifty dollars. The registrar, at the registrar's discretion, may increase or decrease this amount by publishing notice on the BMV website;

(4) Prescribe any other terms and conditions as the registrar finds reasonable.

The BMV website may be accessed at http://bmv.ohio.gov.

(E) The registrar may deny a person's "Application for BMV Fee Installment Plan," form "BMV 1152," (July, 2013) or may terminate the person's plan for any of the following reasons:

(1) The person's driving privileges are suspended and the mandatory period of the suspension has not ended;

(2) A court issues a court-approved fee payment plan for the person pursuant to section 4510.10 of the Revised Code;

(3) The person fails to make payments as agreed or otherwise fails to abide by the terms and conditions prescribed by the registrar;

(4) Any other just cause determined by the registrar.

(F) Payments may be made by any of the following methods:

(1) By check or money order mailed or delivered to the BMV headquarters office in Columbus, Ohio;

(2) By cash, check, or money order delivered to any of the BMV's regional reinstatement service centers;

(3) By cash, check, or money order delivered to any of the BMV's deputy registrar agencies that accept reinstatement fee payments. In addition to the installment payment, the deputy registrar shall collect the fees prescribed by statute for payment at a deputy registrar agency;

(4) By electronic check on-line to the BMV website at https://www.oplates.com. The registrar may impose a convenience fee or service fee as an additional charge;

(5) Any other method approved by the registrar.

(G) The registrar shall record as "valid" the driving status of any person who is in compliance with the terms and conditions of a BMV fee installment plan provided that the person's driver's license is not otherwise suspended or expired. The registrar may permit the renewal of an applicant's license if the license is not under suspension and the applicant is in compliance with a BMV fee installment plan.

(H) A person whose driving privileges were suspended, but who has not held an Ohio driver's license within the previous six months may apply to be examined for a driver's license if the mandatory period of suspension has passed, the person has entered into a BMV fee installment plan, and the person is otherwise eligible for a driver's license. The registrar may permit the issuance of a driver's license to the person if all conditions are met and the person successfully passes the required examinations.

(I) If a person otherwise would have valid driving privileges but for the payment of the reinstatement fees, the registrar may record the person's driving privileges as "valid" so long as the person's installment payments are current.

(J) If the person's installment payments are not current, the registrar may record the person's driving privileges status as "suspended," as "failure to reinstate," or other status, as appropriate.

(K) Nothing in this rule prevents any person from making partial reinstatement fee payments at any time without enrolling in a court-approved fee payment plan or a BMV fee installment plan.

Effective: 07/15/2013
R.C. 119.032 review dates: 06/03/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , 4510.10
Rule Amplifies: R.C. 4510.10