(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 that 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, then the registrar 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 "REQUEST FOR STATEMENT OF PHYSICIAN" "BMV2310" (March, 2013), available via the Ohio bureau of motor vehicles' website at http://www.bmv.ohio.gov/bmv_forms.stm 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 "ALCOHOL/ DRUG REINSTATEMENT", form "BMV2326" (August, 2012) available via the Ohio bureau of motor vehicles', website at http://www.bmv.ohio.gov/bmv_forms.stm 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; a parole officer, a probation officer appointed pursuant to section 1901.33 of the Revised Code; 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 or 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.
Five Year Review (FYR) Dates: 01/19/2016 and 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4507.01
Rule Amplifies: 4507.06, 4507.08, 4507.10, 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