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

(A) “Serious traffic violation” means a conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of section 4506.03 of the Revised Code or a conviction arising from the operation of any motor vehicle that involves any of the following:

(1) A single charge of any speed in excess of the posted speed limit by fifteen miles per hour or more;

(2) Violation of section 4511.20 or 4511.201 of the Revised Code or any similar ordinance or resolution, or of any similar law of another state or political subdivision of another state;

(3) Violation of a law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any similar law of another state or political subdivision of another state, that results in a fatal accident;

(4) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license with the proper class of endorsement for the specific group being operated or for the passengers or type of cargo being transported;

(5) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county of township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license being in the person’s possession;

(6) Violation of section 4511.33 or 4511.34 of the Revised Code, or any municipal ordinance or county or township resolution substantially similar to either of those sections, or any substantially similar law of another state or political subdivision of another state;

(B) As used in paragraph (A) of this rule, “conviction” means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, or the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

Effective: 08/13/2007

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