As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 17

Representative Uecker 

Cosponsors: Representatives Huffman, Fende, Bubp, Derickson, Stebelton, Balderson, Winburn 

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A BILL

To amend section 4510.12 of the Revised Code to

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clarify the penalties for operating a motorcycle

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without having either a motorcycle endorsement or

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the proper restricted license.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4510.12 of the Revised Code be	5
amended to read as follows:	6

Sec. 4510.12.  (A)(1) No person, except those expressly	7
exempted under sections 4507.03, 4507.04, and 4507.05 of the	8
Revised Code, shall operate any motor vehicle upon a public road	9
or highway or any public or private property used by the public	10
for purposes of vehicular travel or parking in this state unless	11
the person has a valid driver's license issued under Chapter 4507.	12
of the Revised Code or a commercial driver's license issued under	13
Chapter 4506. of the Revised Code.	14

(2) No person, except a person expressly exempted under	15
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall	16
operate any motorcycle upon a public road or highway or any public	17
or private property used by the public for purposes of vehicular	18
travel or parking in this state unless the person has a valid	19
license as a motorcycle operator that was issued upon application	20
by the registrar of motor vehicles under Chapter 4507. of the	21
Revised Code. The license shall be in the form of an endorsement,	22
as determined by the registrar, upon a driver's or commercial	23
driver's license, if the person has a valid license to operate a	24
motor vehicle or commercial motor vehicle, or in the form of a	25
restricted license as provided in section 4507.14 of the Revised	26
Code, if the person does not have a valid license to operate a	27
motor vehicle or commercial motor vehicle.	28

(B) Whoever violates this section is guilty of operating a	29
motor vehicle without a valid license and shall be punished as	30
follows:	31

(1) If the trier of fact finds that the offender never has	32
held a valid driver's or commercial driver's license issued by	33
this state or any other jurisdiction, or, in a case involving the	34
operation of a motorcycle by the offender, the trier of fact finds	35
at the time of such operation the offender did not have a valid	36
license as a motorcycle operator, either in the form of an	37
endorsement upon a driver's or commercial driver's license or in	38
the form of a restricted license, the offense is a misdemeanor of	39
the first degree.	40

(2)(a) Subject to division (B)(2)(b) of this section, if the	41
offender's driver's or commercial driver's license or permit or,	42
in a case involving the operation of a motorcycle by the offender,	43
the offender's driver's or commercial driver's license bearing the	44
motorcycle endorsement or the offender's restricted license was	45
expired at the time of the offense for no more than six months,	46
the offense is a minor misdemeanor and if. If the offender's	47
driver's or commercial driver's license or permit or, in a case	48
involving the operation of a motorcycle by the offender, the	49
offender's driver's or commercial driver's license bearing the	50
motorcycle endorsement or the offender's restricted license was	51
expired at the time of the offense for more than six months, the	52
offense is a misdemeanor of the fourth degree.	53

(b)(i) If the offender previously was convicted of or pleaded	54
guilty to one violation of this section or a substantially	55
equivalent municipal ordinance within the past three years, the	56
offense is a misdemeanor of the third degree.	57

(ii) If the offender previously was convicted of or pleaded	58
guilty to two violations of this section or a substantially	59
equivalent municipal ordinance within the past three years, the	60
offense is a misdemeanor of the second degree.	61

(iii) If the offender previously was convicted of or pleaded	62
guilty to three or more violations of this section or a	63
substantially equivalent municipal ordinance within the past three	64
years, the offense is a misdemeanor of the first degree.	65

(C) The court shall not impose a license suspension for a	66
first violation of this section or if more than three years have	67
passed since the offender's last violation of this section or a	68
substantially equivalent municipal ordinance.	69

(D) If the offender was convicted of or pleaded guilty to one	70
or more violations of this section or a substantially equivalent	71
municipal ordinance within the past three years, and if the	72
offender's license was expired for more than six months at the	73
time of the offense, the court shall impose a class seven	74
suspension of the offender's driver license, commercial driver's	75
license, temporary instruction permit, probationary license, or	76
nonresident operating privilege from the range specified in	77
division (A)(7) of section 4510.02 of the Revised Code.	78

Section 2. That existing section 4510.12 of the Revised Code	79
is hereby repealed.	80