This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4501:1-1-01 | Examination of license holders competency.
Effective:
November 1, 2022
The registrar of motor vehicles, upon determination
that any person has twelve or more points charged against him or her 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 or
her to submit to a physical exam or to a driver's license examination or a
commercial driver's license 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; by 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.
Last updated November 1, 2022 at 8:57 AM
|
Rule 4501:1-1-02 | License restrictions; suspension of license.
Effective:
November 1, 2022
(A) In accordance with section 4507.20 of
the Revised Code, the registrar may require a licensee to submit to a medical
examination, or to a driving and maneuverability skills test, or both, if the
registrar has good cause to believe that the licensee is incompetent or
unqualified to be licensed. Upon receipt of a medical examiner's report
"REQUEST FOR STATEMENT OF PHYSICIAN" "Form 2310" (August
2021) available via the Ohio bureau of motor vehicles' website at
http://www.bmv.ohio.gov/bmv_forms.stm, and upon the conclusion of the skills
test, if required, the registrar may permit the licensee to retain his or her
license, or issue a restricted license, or suspend the license. This form is
mailed to the customer by the bureau of motor vehicles. (B) If the licensee fails the skills
test, his or her license is thereby suspended under section 4507.20 of the
Revised Code, and he or she 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) If a licensee, who is not required to submit to a medical
examination, successfully passes the skills test, driving privileges shall be
reinstated and restrictions applicable to the licensee may be imposed as the
registrar determines to be necessary. (D) If a licensee, who is required to submit to a medical
examination, submits a satisfactory medical examination report and successfully
passes the skills test, 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. (E) All applications for any permits, licenses or reexaminations
made under this rule may be made directly to the bureau of motor vehicles or to
any deputy registrar.
Last updated November 1, 2022 at 8:57 AM
|
Rule 4501:1-1-03 | Occupant restraining device exemption.
Effective:
November 1, 2022
[Comment: All materials incorporated by reference
are available via the Ohio bureau of motor vehicles' website at
http://www.bmv.ohio.gov/bmv_forms.stm] (A) An individual applying for an
occupant restraining device exemption due to a physical impairment according to
section 4513.263 of the Revised Code must complete BMV form 2942 "Occupant
restraining device exemption request" (10/2019), which includes an
affirmation by a physician or chiropractor. (B) If the physical impairment is
permanent or expected to be permanent, the individual may submit the form to
the bureau of motor vehicles to have the exemption notated in the law
enforcement automated data system (LEADS). (C) If the physical impairment is
temporary, the individual shall keep BMV form 2942 (10/2019) on his or her
person while operating or riding in a motor vehicle. The temporary affidavit
shall expire on the date indicated by the physician or chiropractor on BMV form
2942 (10/2019).
Last updated November 1, 2022 at 8:57 AM
|
Rule 4501:1-1-04 | Unsatisfactory medical report; suspension of license.
Effective:
November 1, 2022
(A) If the licensee is required to submit
a medical report, "REQUEST FOR STATEMENT OF PHYSICIAN", "Form
2310" (August 2021), available via the Ohio bureau of motor vehicles'
website at http://www.bmv.ohio.gov/bmv_forms.stm, 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 or her license, or shall impose such restrictions or conditions applicable
to the licensee as the registrar determines to be necessary; or, where a
restricted license is required by law, 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 or her 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.
Last updated November 1, 2022 at 8:57 AM
|
Rule 4501:1-1-05 | Ohio identification card for permanently/irreversibly disabled.
Effective:
November 1, 2022
[Note: Forms incorporated by reference are
available via the Ohio bureau of motor vehicles' website at
http://www.bmv.ohio.gov/bmv_forms.stm.] (A) The registrar or a deputy registrar
shall issue a state of Ohio identification card to an Ohio resident who is
permanently or irreversibly disabled following the completion of BMV form 5755
"Health care provider certification of eligibility for permanently
disabled identification card" (10/2019) including the certification of
disability by the applicant's health care provider as defined in division
(A) of section 4503.44 of the Revised Code. (B) If the permanently or irreversibly
disabled identification card applicant affirms he or she are unemployed when
completing BMV form 5755 (10/2019), the ID card shall be issued without payment
of any fee prescribed in division (A) of section 4507.50 of the Revised
Code. (C) Qualifying applicants are required to
provide proof of identity according to: (1) BMV form 2424
"Acceptable documents list - Standard DL-ID" (November 2020) for a
standard ID card; or (2) BMV form 2430
"Acceptable documents list - Compliant DL-ID" (November 2020) for a
compliant ID card. (D) A new certification of disability on
BMV form 5755 (10/2019) shall be required when requesting a duplicate of the
permanently or irreversibly disabled identification card. (E) A new certification of disability on
BMV form 5755 (10/2019) shall be required when renewing the permanently or
irreversibly disabled identification card. (F) BMV form 5755 (10/2019) shall be
valid for thirty days from the health care provider's
signature.
Last updated November 1, 2022 at 8:58 AM
|
Rule 4501:1-1-07 | Pre-temporary driver examination required.
Effective:
November 1, 2022
[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 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 take a pre-temporary instruction permit commercial
driver's license examination prior to the validation of such commercial
driver's TIPIC.
Last updated November 1, 2022 at 8:58 AM
|
Rule 4501:1-1-08 | Pre-temporary driver examination procedure.
Effective:
April 10, 2016
(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 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 drivers 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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-09 | Issuance of temporary instruction permit identification card.
Effective:
November 1, 2022
(A) No person shall be granted a
temporary instruction permit identification card (TIPIC) until the person 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 a TIPIC 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.
Last updated November 1, 2022 at 8:58 AM
|
Rule 4501:1-1-10 | Road test requirements for driver examination.
Effective:
April 10, 2016
(A) Upon obtaining a temporary
instruction permit identification card, the applicant may appear at a
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 examiner. 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 knowledge and 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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-11 | Failure of driver examination.
Effective:
November 1, 2022
(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
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 or her 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 at his
request, up to the expiration of his TIPIC. A person is not required to retake any test he or
she has passed during the period that his or her 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 not be able to retake the test until the second calendar day after the
failure of a test. (D) A 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 no more than one renewal per TIPIC issued.
Last updated November 1, 2022 at 8:58 AM
|
Rule 4501:1-1-15 | Record retention policy for deputy registrars.
Effective:
March 21, 2011
(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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-16 | Alcohol and controlled substances.
Effective:
April 10, 2016
"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: (A) 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 United States; or (B) 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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-17 | Restricted license.
Effective:
April 10, 2016
The opinion of the registrar as contemplated in division (D)(3) of
section 4507.08 of the Revised Code, shall be based upon any information
received by the registrar from: (A) A federal, state or local police
authority; (B) A licensed physician, hospital,
institution, licensed psychologist, or certified alcohol
counselor; (C) The Ohio department of
health; (D) The Ohio industrial
commission; (E) A public or private health
institution; (F) 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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-18 | Disclosure of medical information by applicant.
Effective:
November 1, 2022
(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" (August
2021), 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.
Last updated November 1, 2022 at 8:58 AM
|
Rule 4501:1-1-19 | Issuance of minor's license.
Effective:
August 13, 2007
(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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-20 | Vision standards for driver license applicants.
Effective:
April 10, 2016
[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. (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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-21 | Acceptable identification to be submitted along with an application for a temporary instruction (learner's) permit identification card, driver's license, commercial driver's license, motorcycle operator's license, or identification card.
Effective:
November 1, 2022
(A) This rule governs acceptable
identification to be submitted along with an application for a temporary
instruction (learner's) permit identification card, driver's license,
commercial driver's license, motorcycle operator's license, or
identification card. (B) As used in this rule, "Ohio
credential" means a temporary instruction (learner's) permit
identification card, driver's license, commercial driver's license,
motorcycle operator's license, or identification card issued by the Ohio
bureau of motor vehicles (BMV). An "Ohio credential" includes both a
driver's license that meets the REAL ID Act and those that do
not. (C) A person who applies for first
issuance of an Ohio credential, or issuance when an Ohio credential has been
expired for more than six months shall present identification documents
sufficient to establish the person's: (1) Full legal
name; (2) Date of
birth; (3) Social security
number (SSN); (4) Street address of the
person's principal residence in the state of Ohio; and (5) Status as a citizen,
permanent resident, or temporary resident of the United States. (D) 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 sufficient acceptable identification documents shall result in the
denial of the Ohio credential. (E) To establish the person's full
legal name and date of birth, the person shall present at least one of the
following source documents containing the person's full legal name and
date of birth: (1) An original or
certified copy of a birth certificate or registration filed with a state office
of vital statistics or the equivalent state or local governmental agency in the
person's state of birth; (2) A valid, unexpired
United States passport or passport card, with photograph; (3) A consular report of
birth abroad issued by the United States department of state; (4) A valid United States
military service or dependent identification document, with
photograph; (5) A valid, Ohio concealed weapons
permit, with photograph; (6) A certified copy of a court order
containing the full name and date of birth of the applicant; (7) A passport, with photograph, from
another country together with appropriate United States citizenship and
immigration services (USCIS) documents that are original and valid, or like
documents issued by the successor agency to the USCIS; or (8) Any other genuine and reliable
document approved by the registrar of motor vehicles. (F) To establish the person's social
security number, the person shall present one of the following source documents
containing the person's full social security number: (1) An official social
security card issued by the social security administration (SSA), but not a
metal card; (2) A form W-2 wage and
tax statement, but must not be handwritten; (3) An acceptable
SSA-1099 form, but must not be handwritten; (4) A certified copy of a
court order with or without the person's date of birth; (5) Medical records from a doctor or
hospital; (6) Military discharge separation
papers; (7) A certified copy of a school record
or transcript; (8) An "APPLICATION
FOR AN OHIO DRIVER LICENSE OR ID CARD" "BMV5475" (October 2019)
form, available via the Ohio bureau of motor vehicles' website at
http://www.bmv.ohio.gov/bmv_forms.stm, with the applicant's social
security number on it, if the applicant has previously established their social
security number with the Ohio BMV and the social security number verifies
electronically with the SSA at time of application. (9) Any other genuine and reliable
document containing the person's social security number and approved by
the registrar of motor vehicles; (G) The following source 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 consular report of
birth abroad issued by the United States department of state; (3) A United States
passport; (4) A United States
passport card; (5) A United States
naturalization document; or (6) For a person who is
not a citizen of the United States, appropriate United States citizenship and
immigration services (USCIS) documents that 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) The person's full legal name
shall consist of the applicants current first (given) name, middle name,
and last name (surname) without the use of initials or nicknames. If the source
documents presented do not establish the person's full legal name, or the
names on the documents are inconsistent, the person 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: (1) A marriage
certificate or marriage license, certified or otherwise verified by a process
approved by the registrar; (2) A certified copy of a
decree of divorce, dissolution, or annulment of marriage, certified or
otherwise verified by a process approved by the registrar; (3) A certified copy of a
court ordered name change, certified or otherwise verified by a process
approved by the registrar; (4) Any other genuine and
reliable document verifying the person's legal name and approved by the
registrar of motor vehicles. (I) If the source documents listed in
this rule are not sufficient to establish all of the elements necessary for the
issuance of an Ohio credential, the person may present the following
supplemental documents for consideration of the registrar or deputy registrar
except for proof of citizenship or legal presence: (1) A credit
card; (2) A foreign birth
certificate accompanied by a translation by an approved translator if the
certificate is not in English; (3) An employer
identification card; (4) A marriage
certificate or marriage license; (5) A certificate of
title for a motor vehicle; (6) A public assistance
benefit card; (7) A student
identification card, with photograph issued by a recognized school, college, or
university; (8) A health insurance
card; or, (9) Any other genuine and
reliable document verifying the person's legal name and approved by the
registrar of motor vehicles. (J) If the source documents presented do
not establish the person's current Ohio residential 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 residential street address is stated in
the document: (1) A change of address
card or document issued by the Ohio bureau of motor vehicles
(BMV); (2) A checking, savings,
or on-line bank account statement issued within the last sixty
days; (3) A child support check
stub from the Ohio department of job and family services with the name and
address of the applicant; (4) A copy of federal or
Ohio income tax return filing not more than eighteen months old, with proof of
filing; (5) A court order of
probation, order of parole, or order of mandatory release; (6) A current and valid
premises liability, life insurance, or automobile insurance policy or
card; (7) School records
(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
dependent child, the 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); (9) 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); (10) In the case of a
nursing home patient, a formal statement of residency issued by a nursing home
official, on a form furnished by the BMV; (11) In the case of a
homeless person, a formal statement of residency issued by a homeless shelter
official, on a form furnished by the BMV; (12) An installment loan
contract from a bank or other financial institution; (13) A major credit card
statement or major retail store credit card statement issued within the last
year; (14) A mortgage account
or proof of home ownership; (15) An Ohio certificate
of title; (16) An Ohio BMV mail-in
registration renewal notice; (17) A paycheck stub
issued within the last year; (18) A professional
license issued by an Ohio governmental agency; (19) A property tax bill
or receipt; (20) Ohio resident
hunting or fishing license, current or previous year, cannot be valid for less
than one year; (21) An Ohio sales tax or
business license; (22) A selective service
registration acknowledgment card; (23) A social security
administration document; (24) A utility bill (from
an electric, telephone, water, sewer, cable, satellite, heating oil, or propane
provider) issued within the last year; (25) A valid Ohio
concealed weapons permit; (26) A public assistance
check stub or food stamp card issued by a governmental agency (27) United States
transportation security administration (TSA) letter; (28) Any other genuine and reliable
document approved by the registrar of motor vehicles. (K) Notwithstanding any other provisions
of this rule, a current, valid offender release identification card issued by
the Ohio department of rehabilitation and correction, a current, valid
identification card issued by the Ohio department of youth services (DYS), or,
if approved by the registrar, an offender release card issued by the United
States probation department 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 credential. If any of
the required information is missing from the release identification card
presented, the issuance shall be denied unless the missing information is
provided by other acceptable documents enumerated in this rule. (L) Notwithstanding any other provisions
of this rule, an Ohio temporary instruction (learner's) permit,
driver's license, commercial driver's license, motorcycle
operator's license, or identification card that 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 except that a permanent
resident shall present his or her valid USCIS form I-551 upon every renewal of
credential, and except that 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. (M) A person 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 person's true identity, including the person's full
legal name, date of birth, legal presence in the United States, and residential
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 issuance shall be denied unless that person
provides acceptable evidence of the social security number previously
assigned. (N) If any person fails to provide
acceptable identification documents as required by this rule, the person shall
not be issued an Ohio credential by the registrar of motor vehicles or any
deputy registrar. Additional documentation may be required if the above
documentation provided is determined to not be sufficient. (O) The registrar or a deputy registrar
may issue a duplicate temporary instruction (learner's) 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 person signs an
affidavit stating that the original Ohio credential was lost or stolen; the
person completes an application for a duplicate; the data recorded in the BMV
system confirms the applicant's full legal name, date of birth, legal
presence in the United States, residential 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 person is the person to whom the
original Ohio credential was issued. (P) 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. (Q) Applicants who, for reasons beyond
their control, are unable to present all necessary documents for the issuance
of a Ohio credential, and must rely on alternate documents to establish
identity or date of birth, may request an exception in accordance with 6 C.F.R.
37.11 and this paragraph. Alternative documents to demonstrate lawful status
will only be allowed to demonstrate United States citizenship, not any other
lawful status. (1) Any request for an
exception shall be forwarded by the deputy registrar to the Ohio bureau of
motor vehicles. Any document submitted will be reviewed by the BMV to determine
if it is acceptable to establish identity or date of birth. BMV will indicate
that the applicant used the exceptions process in the transaction. If the
applicant makes another request for an exception in a different transaction,
the BMV will review the documents presented, even if the documents have been
presented in an earlier request for an exemption. (2) The request shall
include scanned copies of all acceptable documents and all proposed alternative
documents. After referral to the registrar, the final decision to issue a
credential or deny issuance of a credential shall be made by the registrar or a
person or persons specifically authorized by the registrar in writing to make
the final decision. Such decisions are not subject to appeal.
Last updated November 1, 2022 at 8:59 AM
|
Rule 4501:1-1-22 | Issuance of duplicate driver licenses.
Effective:
November 1, 2022
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 or eighth year after the original date of
issuance. In no event shall a duplicate license be issued for a period of more
than eight years from the date of original issuance.
Last updated November 1, 2022 at 8:59 AM
|
Rule 4501:1-1-23 | Online renewal of driver's license or motorcycle endorsement for active duty military personnel, spouse and dependents.
Effective:
January 1, 2020
(A) An individual serving on active duty
in the United States armed forces and stationed outside of Ohio, their spouse,
and/or their dependents may renew their driver's license, identification
card or motorcycle license (or endorsement), online according to section
4507.18 of the Revised Code. (B) An individual applying for renewal
online, must provide the following information to the BMV: (1) A digital copy of the
applicant's military identification or military dependent identification
card; (2) A digital copy of a
current two inch by two inch passport quality photograph with a white
background; (3) A digital copy of any
documents required to provide proof of identity according to Chapter 4507. of
the Revised Code and rule 4501:1-1-21 of the Administrative Code;
and (4) A digital copy of
form BMV form 2407 "Vision examination for out-of-state driver license
applicants" (01/2017) available via the Ohio bureau of motor
vehicles' website at http://www.bmv.ohio.gov/bmv_forms.stm, demonstrating
the applicant passed a vision examination for spouse and dependent
only.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-24 | Disqualification of commercial driver for certain convictions.
Effective:
November 1, 2022
(A) Whenever the registrar of motor
vehicles receives information that a driver has received a conviction of an
offense described in section 4506.15 or 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 or she
should not be disqualified from operating a commercial motor
vehicle. (B) The notice shall also inform the
driver that at the hearing he or she may appear in person or by his or her
attorney or may present his or her position, argument, or contentions in
writing and that at the hearing he or she 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 or she may appear in person or by
his or her attorney, or may present his or her position, arguments, and
contentions in writing and that at the hearing he or she 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 or her 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 or her 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 or her 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 or she 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.
Last updated November 1, 2022 at 8:59 AM
|
Rule 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.
Effective:
November 1, 2022
(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 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.
Last updated November 1, 2022 at 8:59 AM
|
Rule 4501:1-1-26 | Relief from disqualification for life from operating a commercial motor vehicle.
Effective:
August 13, 2007
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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-28 | Skills test requirements for commercial driver examinations; waiver.
Effective:
April 10, 2016
(A) Upon successfully obtaining a
commercial driver's license temporary instruction permit, the applicant
may appear at a state CDL 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. (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. (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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-29 | Cancellation of driver's license or commercial driver's license for falsification.
Effective:
August 13, 2007
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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-30 | Entry of commercial motor vehicle information upon uniform traffic ticket.
Effective:
August 13, 2007
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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-31 | Driver's license suspension for certain school violations.
Effective:
November 1, 2022
(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 includes 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 includes a statement to the effect that the board of education
has adopted a resolution providing that division (B)(2) of section 3321.1 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 no suspension will be imposed until sufficient information is provided by
the superintendent.
Last updated November 1, 2022 at 8:59 AM
|
Rule 4501:1-1-32 | Evidence of a high school diploma or a general educational development certificate.
Effective:
April 23, 2006
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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-33 | Vision and examination standards for persons using bioptic/telescopic devices.
Effective:
November 1, 2022
(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 or
her 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 an 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 permit identification
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 bureau of motor vehicles. Such a permit is not 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 bureau of motor vehicles examinations in paragraph (C) of this
rule shall be eligible to take a comprehensive driver examination administered
by the a certified bioptic exam station. 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 bureau of motor
vehicles each of whom are properly 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. (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 bureau of motor vehicles examiners unless those restrictions
are modified or disapproved, in writing, by the registrar or his or her
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, bureau of motor vehicles 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 bureau of motor vehicles. (L) No more than two restricted temporary
instruction permits shall be issued to a person within any twenty-four month
period.
Last updated November 1, 2022 at 9:00 AM
|
Rule 4501:1-1-34 | Certified driving training and evaluation programs.
Effective:
November 1, 2022
(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 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 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 chooses 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 specifies and demonstrates, 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.
Last updated November 1, 2022 at 9:00 AM
|
Rule 4501:1-1-35 | Residency for driving and identification purposes; nonresident driving privileges.
Effective:
April 10, 2016
(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 Chapter 4507. 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 Chapter 4507. 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-Motive Traffic," (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
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-36 | Donor registry for anatomical gifts.
Effective:
April 10, 2016
(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 the donor registry
enrollment form "BMV 3346" (English 7/15) and "BMV 3348"
(Spanish 7/15) located at http://www.bmv.ohio.gov/bmv_forms.stm 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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-37 | Nonrenewable drivers licenses and nonrenewable identification cards for temporary residents.
Effective:
March 21, 2011
(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".
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-39 | Material approved for incorporation by reference.
Effective:
April 10, 2016
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, 2014), may be obtained at the:
"U.S. Government Publishing Office, 710 N. Capitol Street NW, Washington
DC 20401," or via its website at http://www.ecfr.gov.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-40 | Next of kin database.
Effective:
February 10, 2012
(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.
Last updated August 11, 2022 at 2:12 PM
|
Rule 4501:1-1-45 | Bureau of motor vehicles fee installment plan.
Effective:
November 1, 2022
(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 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," (1/18), 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 twenty-five 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
twenty-five 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," (March 2021) 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 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; (3) By credit/debit card on-line to the
BMV website at https://bmv.ohio.gov. The registrar may impose a convenience fee
or service fee as an additional charge; (4) By credit/debit card via automatic phone systems at
844-644-6268. The registrar may impose a convenice 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.
Last updated November 1, 2022 at 9:00 AM
|
Rule 4501:1-1-46 | Prorated fee schedule for duplicate driver's licenses.
Effective:
November 15, 2015
Pursuant to division (J) of section 4507.23 of the Revised Code, the seven dollar and fifty cent base fee for the issuance of a duplicate driver's license shall be prorated based on the expiration date of the duplicate driver's license as follows: (A) If forty-eight or more months remain until the expiration date, the prorated base fee shall be seven dollars and fifty cents; (B) If thirty-six to forty-seven months remain until the expiration date, the prorated base fee shall be five dollars and fifty cents; (C) If twenty-four to thirty-five months remain until the expiration date, the prorated base fee shall be three dollars and seventy-five cents; (D) If twelve to twenty-three months remain until the expiration date, the prorated base fee shall be one dollar and seventy-five cents; (E) If eleven or fewer months remain until the expiration date, no base fee shall be charged.
Last updated August 11, 2022 at 2:12 PM
|
