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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 411
2025-2026
Representatives Lorenz, Hoops
Cosponsor: Representative Williams
To
amend sections 2152.20, 2152.21, 4507.05, 4507.071, 4508.02,
and
4510.311 of the Revised Code
to
make changes to the laws governing juvenile drivers.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2152.20, 2152.21, 4507.05, 4507.071, 4508.02,
and
4510.311 of the Revised Code be
amended
to
read as follows:
Sec.
2152.20.
(A)
If a child is adjudicated a delinquent child or a juvenile traffic
offender, the court may order any of the following dispositions, in
addition to any other disposition authorized or required by this
chapter:
(1)
Impose a fine in accordance with the following schedule:
(a)
For an act that would be a minor misdemeanor or an unclassified
misdemeanor if committed by an adult, a fine not to exceed fifty
dollars;
(b)
For an act that would be a misdemeanor of the fourth degree if
committed by an adult, a fine not to exceed one hundred dollars;
(c)
For an act that would be a misdemeanor of the third degree if
committed by an adult, a fine not to exceed one hundred fifty
dollars;
(d)
For an act that would be a misdemeanor of the second degree if
committed by an adult, a fine not to exceed two hundred dollars;
(e)
For an act that would be a misdemeanor of the first degree if
committed by an adult, a fine not to exceed two hundred fifty
dollars;
(f)
For an act that would be a felony of the fifth degree or an
unclassified felony if committed by an adult, a fine not to exceed
three hundred dollars;
(g)
For an act that would be a felony of the fourth degree if committed
by an adult, a fine not to exceed four hundred dollars;
(h)
For an act that would be a felony of the third degree if committed by
an adult, a fine not to exceed seven hundred fifty dollars;
(i)
For an act that would be a felony of the second degree if committed
by an adult, a fine not to exceed one thousand dollars;
(j)
For an act that would be a felony of the first degree if committed by
an adult, a fine not to exceed one thousand five hundred dollars;
(k)
For an act that would be aggravated murder or murder if committed by
an adult, a fine not to exceed two thousand dollars.
(2)
Require the child to pay costs;
(3)
Unless the child's juvenile traffic offense would be a minor
misdemeanor if committed by an adult or could be disposed of by the
juvenile traffic violations bureau serving the court under Traffic
Rule 13.1 if the court has established a juvenile traffic violations
bureau, require the child to make restitution to the victim of the
child's delinquent act or juvenile traffic offense or, if the victim
is deceased, to a survivor or the estate of the victim in an amount
based upon the victim's economic loss caused by or related to the
delinquent act or juvenile traffic offense. The court may not require
a child to make restitution pursuant to this division if the child's
juvenile traffic offense would be a minor misdemeanor if committed by
an adult or could be disposed of by the juvenile traffic violations
bureau serving the court under Traffic Rule 13.1 if the court has
established a juvenile traffic violations bureau. If the court
requires restitution under this division, the restitution shall be
made directly to the victim in open court or to the probation
department that serves the jurisdiction or the clerk of courts on
behalf of the victim.
The
victim, victim's representative, victim's attorney, if applicable,
the prosecuting attorney, or the delinquent child or juvenile traffic
offender may provide information relevant to the determination of the
amount of restitution. The amount the court orders as restitution
shall not exceed the amount of the economic loss suffered by the
victim as a direct and proximate result of the delinquent act or
juvenile traffic offense. If the court decides to or is required to
order restitution under this division and the amount of the
restitution is disputed by the victim or survivor, victim's estate,
victim's representative, or victim's attorney, if applicable, or by
the delinquent child or juvenile traffic offender, the court shall
hold a hearing on the restitution. The court shall determine the
amount of full restitution by a preponderance of the evidence. All
restitution payments shall be credited against any recovery of
economic loss in a civil action brought by or on behalf of the victim
against the delinquent child or juvenile traffic offender or the
delinquent child's or juvenile traffic offender's parent, guardian,
or other custodian.
If
the court requires restitution under this division, the court may
order that the delinquent child or juvenile traffic offender pay a
surcharge, in an amount not exceeding five per cent of the amount of
restitution otherwise ordered under this division, to the entity
responsible for collecting and processing the restitution payments.
The
victim, survivor of the victim, or victim's estate may request that
the prosecuting authority file a motion, or the delinquent child or
juvenile traffic offender may file a motion, for modification of the
payment terms of any restitution ordered under this division. If the
court grants the motion, it may modify the payment terms as it
determines appropriate.
(4)
Require the child to reimburse any or all of the costs incurred for
services or sanctions provided or imposed, including, but not limited
to, the following:
(a)
All or part of the costs of implementing any community control
imposed as a disposition under section 2152.19 of the Revised Code,
including a supervision fee;
(b)
All or part of the costs of confinement in a residential facility
described in section 2152.19 of the Revised Code or in a department
of youth services institution, including, but not limited to, a per
diem fee for room and board, the costs of medical and dental
treatment provided, and the costs of repairing property the
delinquent child damaged while so confined. The amount of
reimbursement ordered for a child under this division shall not
exceed the total amount of reimbursement the child is able to pay as
determined at a hearing and shall not exceed the actual cost of the
confinement. The court may collect any reimbursement ordered under
this division. If the court does not order reimbursement under this
division, confinement costs may be assessed pursuant to a repayment
policy adopted under section 2929.37 of the Revised Code and division
(D) of section 307.93, division (A) of section 341.19, division (C)
of section 341.23 or 753.16, division (C) of section 2301.56, or
division (B) of section 341.14, 753.02, 753.04, or 2947.19 of the
Revised Code.
(5)
If a juvenile traffic offender has never been adjudicated a juvenile
traffic offender prior to having committed the act that would be a
minor misdemeanor or unclassified misdemeanor if committed by an
adult, the court may order the offender to complete a program
approved under division (B) of section 4510.311 of the Revised Code
in lieu of the imposition of a fine and assessment of points against
the offender's temporary instruction permit or probationary license.
(B)
Chapter 2981. of the Revised Code applies to a child who is
adjudicated a delinquent child for violating section 2923.32 or
2923.42 of the Revised Code or for committing an act that, if
committed by an adult, would be a felony drug abuse offense.
(C)
The court may hold a hearing if necessary to determine whether a
child is able to pay a sanction under this section.
(D)
If a child who is adjudicated a delinquent child is indigent, the
court shall consider imposing a term of community service under
division (A) of section 2152.19 of the Revised Code in lieu of
imposing a financial sanction under this section. If a child who is
adjudicated a delinquent child is not indigent, the court may impose
a term of community service under that division in lieu of, or in
addition to, imposing a financial sanction under this section. The
court may order the performance of community service to generate
funds for restitution.
If
a child fails to pay a financial sanction imposed under this section,
the court may impose a term of community service in lieu of the
sanction.
(E)
The clerk of the court, or another person authorized by law or by the
court to collect a financial sanction imposed under this section, may
do any of the following:
(1)
Enter into contracts with one or more public agencies or private
vendors for the collection of the amounts due under the financial
sanction, which amounts may include interest from the date of
imposition of the financial sanction;
(2)
Permit payment of all, or any portion of, the financial sanction in
installments, by credit or debit card, by another type of electronic
transfer, or by any other reasonable method, within any period of
time, and on any terms that the court considers just, except that the
maximum time permitted for payment shall not exceed five years. The
clerk may pay any fee associated with processing an electronic
transfer out of public money and may charge the fee to the delinquent
child.
(3)
To defray administrative costs, charge a reasonable fee to a child
who elects a payment plan rather than a lump sum payment of a
financial sanction.
Sec.
2152.21.
(A)
Unless division (C) of this section applies, if a child is
adjudicated a juvenile traffic offender, the court may make any of
the following orders of disposition:
(1)
Impose costs and one or more financial sanctions in accordance with
section 2152.20 of the Revised Code;
(2)
Suspend the child's driver's license, probationary driver's license,
or temporary instruction permit for a definite period not exceeding
two years or suspend the registration of all motor vehicles
registered in the name of the child for a definite period not
exceeding two years. A child whose license or permit is so suspended
is ineligible for issuance of a license or permit during the period
of suspension. At the end of the period of suspension, the child
shall not be reissued a license or permit until the child has paid
any applicable reinstatement fee and complied with all requirements
governing license reinstatement.
(3)
Place the child on community control;
(4)
If the child is adjudicated a juvenile traffic offender for an act
other than an act that would be a minor misdemeanor if committed by
an adult and other than an act that could be disposed of by the
juvenile traffic violations bureau serving the court under Traffic
Rule 13.1 if the court has established a juvenile traffic violations
bureau, require the child to make restitution pursuant to division
(A)(3) of section 2152.20 of the Revised Code;
(5)(a)
If the child is adjudicated a juvenile traffic offender for
committing a violation of division (A) of section 4511.19 of the
Revised Code or of a municipal ordinance that is substantially
equivalent to that division, commit the child, for not longer than
five days, to either of the following:
(i)
The temporary custody of a detention facility or district detention
facility established under section 2152.41 of the Revised Code;
(ii)
The temporary custody of any school, camp, institution, or other
facility for children operated in whole or in part for the care of
juvenile traffic offenders of that nature by the county, by a
district organized under section 2151.65 or 2152.41 of the Revised
Code, or by a private agency or organization within the state that is
authorized and qualified to provide the care, treatment, or placement
required.
(b)
If an order of disposition committing a child to the temporary
custody of a home, school, camp, institution, or other facility of
that nature is made under division (A)(5)(a) of this section, the
length of the commitment shall not be reduced or diminished as a
credit for any time that the child was held in a place of detention
or shelter care, or otherwise was detained, prior to entry of the
order of disposition.
(6)
If, after making a disposition under divisions (A)(1) to (5) of this
section, the court finds upon further hearing that the child has
failed to comply with the orders of the court and the child's
operation of a motor vehicle constitutes the child a danger to the
child and to others, the court may make any disposition authorized by
divisions (A)(1), (4), (5), and (8) of section 2152.19 of the Revised
Code, except that the child may not be committed to or placed in a
secure correctional facility unless authorized by division (A)(5) of
this section, and commitment to or placement in a detention facility
may not exceed twenty-four hours.
(7)
If the child is adjudicated a first-time juvenile traffic offender
for an act that would be a minor misdemeanor or unclassified
misdemeanor if committed by an adult or that could be disposed of by
the juvenile traffic violations bureau serving the court under
Traffic Rule 13.1 if the court has established a juvenile traffic
violations bureau, require the child to complete an advanced juvenile
driver improvement program pursuant to division (B) of section
4510.311 of the Revised Code. A court shall not impose any fines if
the child submits a certificate of completion to the court.
(B)
If a child is adjudicated a juvenile traffic offender for violating
division (A) or (B) of section 4511.19 of the Revised Code, in
addition to any order of disposition made under division (A) of this
section, the court shall impose a class six suspension of the
temporary instruction permit, probationary driver's license, or
driver's license issued to the child from the range specified in
division (A)(6) of section 4510.02 of the Revised Code. The court, in
its discretion, may terminate the suspension if the child attends and
satisfactorily completes a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court. During the
time the child is attending a program as described in this division,
the court shall retain the child's temporary instruction permit,
probationary driver's license, or driver's license issued, and the
court shall return the permit or license if it terminates the
suspension as described in this division.
(C)
If a child is adjudicated a juvenile traffic offender for violating
division (B)(1) of section 4513.263 of the Revised Code, the court
shall impose the appropriate fine set forth in division (G) of that
section. If a child is adjudicated a juvenile traffic offender for
violating division (B)(3) of section 4513.263 of the Revised Code and
if the child is sixteen years of age or older, the court shall impose
the fine set forth in division (G)(2) of that section. If a child is
adjudicated a juvenile traffic offender for violating division (B)(3)
of section 4513.263 of the Revised Code and if the child is under
sixteen years of age, the court shall not impose a fine but may place
the child on probation or community control.
(D)
A juvenile traffic offender is subject to sections 4509.01 to 4509.78
of the Revised Code.
Sec.
4507.05.
(A)
The registrar of motor vehicles, or a deputy registrar, upon
receiving an application for a temporary instruction permit and a
temporary instruction permit identification card for a driver's
license from any person who is at least fifteen years
six
months
of
age, may issue such a permit and identification card entitling the
applicant to drive a motor vehicle, other than a commercial motor
vehicle, upon the highways under the following conditions:
(1)
If the permit is issued to a person who is at least fifteen years
six
months
of
age, but less than sixteen years of age:
(a)
The permit and identification card are in the holder's immediate
possession;
(b)
The holder is accompanied by an eligible adult who actually occupies
the seat beside the permit holder and does not have a prohibited
concentration of alcohol in the whole blood, blood serum or plasma,
breath, or urine as provided in division (A) of section 4511.19 of
the Revised Code;
(c)
The total number of occupants of the vehicle does not exceed the
total number of occupant restraining devices originally installed in
the motor vehicle by its manufacturer, and each occupant of the
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device.
(2)
If the permit is issued to a person who is at least sixteen years of
age:
(a)
The permit and identification card are in the holder's immediate
possession;
(b)
The holder is accompanied by a licensed operator who is at least
twenty-one years of age, is actually occupying a seat beside the
driver, and does not have a prohibited concentration of alcohol in
the whole blood, blood serum or plasma, breath, or urine as provided
in division (A) of section 4511.19 of the Revised Code;
(c)
The total number of occupants of the vehicle does not exceed the
total number of occupant restraining devices originally installed in
the motor vehicle by its manufacturer, and each occupant of the
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device.
(B)
The registrar or a deputy registrar, upon receiving from any person
an application for a temporary instruction permit and temporary
instruction permit identification card to operate a motorcycle,
motor-driven cycle or motor scooter, or motorized bicycle, may issue
such a permit and identification card entitling the applicant, while
having the permit and identification card in the applicant's
immediate possession, to drive a motorcycle or motor-driven cycle or
motor scooter, under the restrictions prescribed in section 4511.53
of the Revised Code, or to drive a motorized bicycle under
restrictions determined by the registrar. A temporary instruction
permit and temporary instruction permit identification card to
operate a motorized bicycle may be issued to a person fourteen or
fifteen years old.
(C)
Any permit and identification card issued under this section shall be
issued in the same manner as a driver's license, upon a form to be
furnished by the registrar. A temporary instruction permit to drive a
motor vehicle other than a commercial motor vehicle shall be valid
for a period of one year
and six months
.
(D)
Any person having in the person's possession a valid and current
driver's license or motorcycle operator's license or endorsement
issued to the person by another jurisdiction recognized by this state
is exempt from obtaining a temporary instruction permit for a
driver's license and from submitting to the examination for a
temporary instruction permit and the regular examination for
obtaining a driver's license or motorcycle operator's endorsement in
this state if the person does all of the following:
(1)
Submits to and passes vision screening as provided in section 4507.12
of the Revised Code;
(2)
Surrenders to the registrar or deputy registrar the person's driver's
license issued by the other jurisdiction; and
(3)
Complies with all other applicable requirements for issuance by this
state of a driver's license, driver's license with a motorcycle
operator's endorsement, or restricted license to operate a
motorcycle.
If
the person does not comply with all the requirements of this
division, the person shall submit to the regular examination for
obtaining a driver's license or motorcycle operator's endorsement in
this state in order to obtain such a license or endorsement.
(E)
The registrar may adopt rules governing the use of temporary
instruction permits and temporary instruction permit identification
cards.
(F)(1)
No holder of a permit issued under division (A) of this section shall
operate a motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking in violation of the conditions established under division (A)
of this section.
(2)
Except as
otherwise
provided
in division (F)(2) of this section, no holder of a permit that is
issued under division (A) of this section
and
that is issued on or after July 1, 1998, and who has not attained the
age of
under
eighteen
years
,
of
age
shall
operate a motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking between the hours of midnight and six a.m.
The
holder of a permit issued under division (A) of this section
on
or after July 1, 1998, who has not attained the age of
under
eighteen
years
,
of
age
may
operate a motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or
parking between the hours of midnight and six a.m. if, at the time of
such operation, the holder is accompanied by the holder's parent,
guardian, or custodian, and the parent, guardian, or custodian holds
a current valid driver's or commercial driver's license issued by
this state, is actually occupying a seat beside the permit holder,
and does not have a prohibited concentration of alcohol in the whole
blood, blood serum or plasma, breath, or urine as provided in
division (A) of section 4511.19 of the Revised Code.
(G)(1)
Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether each occupant of the motor
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device as required by division (A) of
this section, or for the sole purpose of issuing a ticket, citation,
or summons if the requirement in that division has been or is being
violated, or for causing the arrest of or commencing a prosecution of
a person for a violation of that requirement.
(2)
Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether a violation of division (F)(2) of
this section has been or is being committed or for the sole purpose
of issuing a ticket, citation, or summons for such a violation or for
causing the arrest of or commencing a prosecution of a person for
such violation.
(H)
As used in this section:
(1)
"Eligible adult" means any of the following:
(a)
An instructor of a driver training course approved by the department
of public safety;
(b)
Any of the following persons who holds a current valid driver's or
commercial driver's license issued by this state:
(i)
A parent, guardian, or custodian of the permit holder;
(ii)
A person twenty-one years of age or older who acts in loco parentis
of the permit holder.
(2)
"Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(I)
Whoever violates division (F)(1) or (2) of this section is guilty of
a minor misdemeanor.
Sec.
4507.071.
(A)
The registrar of motor vehicles or any deputy registrar shall not
issue a driver's license to any person under eighteen years of age,
except that the registrar or a deputy registrar may issue a
probationary license to a person who is at least sixteen years of age
and has held a temporary instruction permit for a period of at least
six
months
one
year
.
(B)(1)(a)
No holder of a probationary driver's license who has held the license
for less than twelve months shall operate a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking between the hours of midnight
and six a.m. unless the holder is accompanied by the holder's parent
or guardian.
(b)
No holder of a probationary driver's license who has held the license
for twelve months or longer shall operate a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking between the hours of one a.m.
and five a.m. unless the holder is accompanied by the holder's parent
or guardian.
(2)(a)
Subject to division (D)(1) of this section, division (B)(1)(a) of
this section does not apply to the holder of a probationary driver's
license who is doing
either
any
of the following:
(i)
Traveling to or from work between the hours of midnight and six a.m.,
provided that the holder has in the holder's immediate possession
written documentation from the holder's employer
.
;
(ii)
Traveling to or from an official function sponsored by the school the
holder attends between the hours of midnight and six a.m., provided
that the holder has in the holder's immediate possession written
documentation from an appropriate official of the school;
(iii)
Traveling to or from an official religious event between the hours of
midnight and six a.m., provided that the holder has in the holder's
immediate possession written documentation from an appropriate
official affiliated with the event.
(b)
Division (B)(1)(b) of this section does not apply to the holder of a
probationary driver's license who is doing
either
any
of the following:
(i)
Traveling to or from work between the hours of one a.m. and five
a.m., provided that the holder has in the holder's immediate
possession written documentation from the holder's employer
.
;
(ii)
Traveling to or from an official function sponsored by the school the
holder attends between the hours of one a.m. and five a.m., provided
that the holder has in the holder's immediate possession written
documentation from an appropriate official of the school;
(iii)
Traveling to or from an official religious event between the hours of
one a.m. and five a.m., provided that the holder has in the holder's
immediate possession written documentation from an appropriate
official affiliated with the event.
(3)
An employer, school official, or official affiliated with a religious
event is not liable in damages in a civil action for any injury,
death, or loss to person or property that allegedly arises from, or
is related to, the fact that the employer, school official, or
official affiliated with a religious event provided the holder of a
probationary driver's license with the written documentation
described in division (B)(2) of this section.
The
registrar of motor vehicles shall make available at no cost a form to
serve as the written documentation described in division (B)(2) of
this section, and employers, school officials, officials affiliated
with religious events, and holders of probationary driver's licenses
may utilize that form or may choose to utilize any other written
documentation to meet the requirements of that division.
(4)
No holder of a probationary driver's license who has held the license
for less than twelve months shall operate a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking with more than one person who
is not a family member occupying the vehicle unless the probationary
license holder is accompanied by the probationary license holder's
parent, guardian, or custodian.
(C)
It is an affirmative defense to a violation of division (B)(1)(a) or
(b) of this section if, at the time of the violation, an emergency
existed that required the holder of the probationary driver's license
to operate a motor vehicle in violation of division (B)(1)(a) or (b)
of this section or the holder was an emancipated minor.
(D)(1)
If a person is issued a probationary driver's license prior to
attaining the age of seventeen years and the person pleads guilty to,
is convicted of, or is adjudicated in juvenile court of having
committed a moving violation during the six-month period commencing
on the date on which the person is issued the probationary driver's
license, the court with jurisdiction over the violation may order
that the holder must be accompanied by the holder's parent or
guardian whenever the holder is operating a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking for a period not to exceed
six months or the date the holder attains the age of seventeen years,
whichever occurs first.
(2)
Any person who is subject to the operating restrictions established
under division (D)(1) of this section as a result of a first moving
violation may petition the court for driving privileges without being
accompanied by the holder's parent or guardian during the period of
time determined by the court under that division. In granting the
driving privileges, the court shall specify the purposes of the
privileges and shall issue the person appropriate forms setting forth
the privileges granted. If a person is convicted of, pleads guilty
to, or is adjudicated in juvenile court of having committed a second
or subsequent moving violation, the court with jurisdiction over the
violation may terminate any driving privileges previously granted
under this division.
(3)
No person shall violate any operating restriction imposed under
division (D)(1) or (2) of this section.
(E)
No holder of a probationary license shall operate a motor vehicle
upon a highway or any public or private property used by the public
for purposes of vehicular travel or parking unless the total number
of occupants of the vehicle does not exceed the total number of
occupant restraining devices originally installed in the motor
vehicle by its manufacturer, and each occupant of the vehicle is
wearing all of the available elements of a properly adjusted occupant
restraining device.
(F)
A restricted license may be issued to a person who is fourteen or
fifteen years of age upon proof of hardship satisfactory to the
registrar of motor vehicles.
(G)
Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether each occupant of the motor
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device as required by division (E) of
this section, or for the sole purpose of issuing a ticket, citation,
or summons if the requirement in that division has been or is being
violated, or for causing the arrest of or commencing a prosecution of
a person for a violation of that requirement.
(H)
Notwithstanding any other provision of law to the contrary, no law
enforcement officer shall cause the operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether a violation of division (B)(1)(a)
or (b) of this section has been or is being committed or for the sole
purpose of issuing a ticket, citation, or summons for such a
violation or for causing the arrest of or commencing a prosecution of
a person for such violation.
(I)
As used in this section:
(1)
"Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(2)
"Family member" of a probationary license holder includes
any of the following:
(a)
A spouse;
(b)
A child or stepchild;
(c)
A parent, stepparent, grandparent, or parent-in-law;
(d)
An aunt or uncle;
(e)
A sibling, whether of the whole or half blood or by adoption, a
brother-in-law, or a sister-in-law;
(f)
A son or daughter of the probationary license holder's stepparent if
the stepparent has not adopted the probationary license holder;
(g)
An eligible adult, as defined in section 4507.05 of the Revised Code.
(3)
"Moving violation" means any violation of any statute or
ordinance that regulates the operation of vehicles, streetcars, or
trackless trolleys on the highways or streets. "Moving
violation" does not include a violation of section 4513.263 of
the Revised Code or a substantially equivalent municipal ordinance,
or a violation of any statute or ordinance regulating pedestrians or
the parking of vehicles, vehicle size or load limitations, vehicle
fitness requirements, or vehicle registration.
(J)
Whoever violates division (B)(1) or (4), (D)(3), or (E) of this
section is guilty of a minor misdemeanor.
Sec.
4508.02.
(A)(1)
The director of public safety, subject to Chapter 119. of the Revised
Code, shall adopt and prescribe such rules concerning the
administration and enforcement of this chapter as are necessary to
protect the public. The rules shall require an assessment of the
holder of a probationary instructor license. The director shall
inspect the school facilities and equipment of applicants and
licensees and examine applicants for instructor's licenses.
(2)
The director shall adopt rules governing online driver education
courses that may be completed via the internet to satisfy the
classroom instruction under division (C) of this section. The rules
shall do all of the following:
(a)
Establish standards that an online driver training enterprise must
satisfy to be licensed to offer an online driver education course via
the internet, including, at a minimum, proven expertise in providing
driver education and an acceptable infrastructure capable of
providing secure online driver education in accord with advances in
internet technology. The rules shall allow an online driver training
enterprise to be affiliated with a licensed driver training school
offering in-person classroom instruction, but shall not require such
an affiliation.
(b)
Establish content requirements that an online driver education course
must satisfy to be approved as equivalent to twenty-four hours of
in-person classroom instruction;
(c)
Establish attendance standards, including a maximum number of course
hours that may be completed in a twenty-four-hour period;
(d)
Allow an enrolled applicant to begin the required eight hours of
actual behind-the-wheel instruction upon completing all twenty-four
hours of course instruction;
(e)
Establish any other requirements necessary to regulate online driver
education.
(B)
The director shall administer and enforce this chapter.
(C)
The rules shall require twenty-four hours of completed in-person
classroom instruction or the completion of an approved, equivalent
online driver education course offered via the internet by a licensed
online driver training enterprise, followed by eight hours of actual
behind-the-wheel instruction conducted on public streets and highways
of this state for all beginning drivers of noncommercial motor
vehicles who are required to complete the training under section
4507.21 of the Revised Code. The rules shall allow beginning drivers
of noncommercial motor vehicles to complete the driver education
course at any point while holding a valid temporary instruction
permit. The rules also shall require the classroom instruction or
online driver education course for such drivers to include
instruction on
both
all
of
the following:
(1)
The dangers of driving a motor vehicle while distracted, including
while using an electronic wireless communications device, or engaging
in any other activity that distracts a driver from the safe and
effective operation of a motor vehicle;
(2)
The dangers of driving a motor vehicle while under the influence of a
controlled substance, prescription medication, or alcohol
;
(3)
Proper techniques to use when driving a motor vehicle in the
following circumstances:
(a)
Weather conditions, including rain, fog, hail, sleet, snow, and high
winds;
(b)
Adverse road conditions, including potholes, road debris,
construction, and road detours;
(c)
Road hazards caused by animals, including animals that enter the
roadway unexpectedly;
(d)
Incidents involving road rage, speeding, reckless driving, erratic
driving, and other aggressive driving behaviors;
(e)
Incidents during which the motor vehicle skids, slides, or otherwise
moves in an uncontrolled manner
.
(D)
The rules shall state the minimum hours for classroom and
behind-the-wheel instruction required for beginning drivers of
commercial trucks, commercial cars, buses, and commercial tractors,
trailers, and semitrailers.
(E)(1)
The department of public safety may charge a fee to each online
driver training enterprise in an amount sufficient to pay the actual
expenses the department incurs in the regulation of online driver
education courses.
(2)
The department shall supply to each licensed online driver training
enterprise certificates to be used for certifying an applicant's
enrollment in an approved online driver education course and a
separate certificate to be issued upon successful completion of an
approved online driver education course. The certificates shall be
numbered serially. The department may charge a fee to each online
driver training enterprise per certificate supplied to pay the actual
expenses the department incurs in supplying the certificates.
(F)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code governing an abbreviated driver training course for
adults.
Sec.
4510.311.
(A)
The director of public safety shall establish standards for juvenile
driver improvement programs and shall approve any programs that meet
the established standards. The standards established by the director
shall require a minimum of five hours of classroom instruction, with
at least three hours devoted to driver skill requirements and two
hours devoted to juvenile driver information related to the driving
records of drivers under eighteen years of age, driver perceptions,
and the value of the traffic laws. The standards also shall require a
person whose probationary driver's license was suspended under
section 4510.31 of the Revised Code to undertake and pass, as
successful completion of an approved juvenile driver improvement
program, the driver's license examination that a person who holds a
temporary instruction permit is required to undertake and pass in
order to be issued a probationary driver's license. The person shall
pay the applicable fee that is required to accompany an application
for a driver's license as prescribed in division (E) of section
4507.23 of the Revised Code. The director shall prescribe the
requirements for the curriculum to be provided as well as other
program directives. Only those programs approved by the director
shall be acceptable for reinstatement of the driving privileges of a
person whose probationary driver's license was suspended under
section 4510.31 of the Revised Code.
(B)
The director of public safety shall establish standards for advanced
juvenile driver improvement programs and shall approve any programs
that meet the established standards. The standards established by the
director shall require a minimum of two hours of classroom
instruction with a focus on driving physics, vehicle dynamics, proper
vision techniques, and teen driver statistics. The standards also
shall require a minimum of four hours of emergency driving skills
development through "behind-the-wheel" driving exercises
with a focus on vehicle control in emergency and adverse weather
driving situations. The driving exercises shall include vehicle
control in inclement weather conditions, emergency transition
maneuvers, and spin and skid control. The driving exercises shall
take place in a suitable closed-course facility that is safe and
controlled and has adequate run-off areas. The director shall
prescribe the requirements for the curriculum to be provided as well
as other program directives and the requirements and score necessary
to pass the course. A person who attends an advanced juvenile driver
improvement program
,
including
for the
purpose
purposes
specified
in
either
section 2152.20, 2152.21, or
division
(C)(2) of section 4510.31 of the Revised Code
,
that meets the standards and requirements prescribed in this division
for such courses and successfully completes the course shall receive
a certificate of completion from the program.
Section
2.
That
existing sections 2152.20, 2152.21, 4507.05, 4507.071, 4508.02,
and
4510.311 of the Revised Code are hereby repealed.