SB 62: Enact the School Bus Safety Act
The bill aims to improve school bus safety by authorizing a civil penalty system for drivers who illegally pass a school bus but cannot be identified. It also designates August as "School Bus Safety Awareness Month" to increase public awareness of the need to properly stop when a stopped school bus is loading and unloading passengers. The bill creates a school bus safety fund to provide grants to school districts for improving the safety features on school buses. The fund will be administered by the director of education and workforce, and the grants will be awarded to eligible applicants who apply for funding to purchase and install school bus safety features, replace old or broken safety features, or include new safety features on new school buses. Additionally, the bill requires motor vehicle owners to file an annual application or renewal notice for registration, which will include…
| Jan. 29, 2025 | Referred to committee: Judiciary |
| Jan. 28, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session 2025-2026
S. B. No. 62
Senator Gavarone
A B I L L
To amend sections 4503.10, 4503.102, 4503.12, 1
4511.75, 4511.751, and 4511.76; to amend, for 2
the purpose of adopting a new section number as 3
indicated in parentheses, section 4511.751 4
(4511.752); and to enact new section 4511.751 5
and sections 5.501, 3327.18, 3327.19, 4511.753, 6
4511.754, 4511.755, 4511.756, and 4511.757 of 7
the Revised Code to authorize a civil penalty 8
system related to drivers who illegally pass a 9
school bus but cannot be identified, to 10
designate the month of August as "School Bus 11
Safety Awareness Month," and to designate this 12
act as the School Bus Safety Act. 13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.10, 4503.102, 4503.12, 14
4511.75, 4511.751, and 4511.76 be amended; section 4511.751 15
(4511.752) be amended for the purpose of adopting a new section 16
number as indicated in parentheses; and new section 4511.751 and 17
sections 5.501, 3327.18, 3327.19, 4511.753, 4511.754, 4511.755, 18
4511.756, and 4511.757 of the Revised Code be enacted to read as 19
follows: 20
S. B. No. 62 As Introduced
Sec. 5.501. The month of August is designated as "School 21
Bus Safety Awareness Month" to increase public awareness of the 22
need to properly stop when a stopped school bus is loading and 23
unloading passengers. 24
Sec. 3327.18. (A) The school bus safety fund is created in 25
the state treasury. The fund shall consist of the civil 26
penalties collected in accordance with sections 4511.753 to 27
4511.757 of the Revised Code. 28
(B) The fund shall be administered by the director of 29
education and workforce. Money in the fund shall be used to make 30
grants to school districts for purposes of improving the safety 31
features on school buses in accordance with section 3327.19 of 32
the Revised Code. Money in the fund also may be used to support 33
the department of education and workforce and the department of 34
public safety in educating the public regarding the laws 35
surrounding school bus safety. 36
(C) All investment earnings of the fund shall be credited 37
to the fund. 38
Sec. 3327.19. (A) As used in this section: 39
(1) "Eligible applicant" means a board of education of a 40
city school district, a local school district, an exempted 41
village school district, a cooperative education school 42
district, or a joint vocational school district, or a governing 43
board of an educational service center. 44
(2) "School bus safety feature" means any of the 45
following: 46
(a) External school bus cameras; 47
(b) Crossing arms; 48
S. B. No. 62 As Introduced
(c) Lane departure warning systems; 49
(d) Electronic stability control; 50
(e) Lighted crossover mirrors; 51
(f) Colorado rack test-approved bus frames; 52
(g) Fully illuminated stop arms located at the front and 53
rear of a school bus; 54
(h) Collision avoidance systems; 55
(i) All light-emitting diode lights; 56
(j) Ground wash lights; 57
(k) Reflective chevron; 58
(l) Occupant restraining devices that conform to the 59
school bus seat belt requirements of 49 C.F.R. 571; 60
(m) Additional safety features that become available 61
through advancements in technology and that are approved by the 62
department of public safety and the department of education and 63
workforce. 64
(B) The department of education and workforce shall 65
administer a school bus safety grant program. Under the grant 66
program, the department shall award grants to eligible 67
applicants who apply to the department for funding to do one of 68
the following: 69
(1) Purchase and install school bus safety features on an 70
eligible applicant's school buses that do not currently have 71
those features installed; 72
(2) Purchase and install school bus safety features to 73
replace old, broken, or outdated safety features on an eligible 74
S. B. No. 62 As Introduced
applicant's current school buses; 75
(3) Purchase school bus safety features as additional 76
features to be included on new school buses being purchased by 77
the eligible applicant. 78
(C) The department shall use the school bus safety fund 79
created under section 3327.18 of the Revised Code to provide 80
grants to eligible applicants in accordance with this section. 81
(D) The director of education and workforce shall 82
establish any procedures and requirements necessary to 83
administer this section, including procedures and requirements 84
governing the form of grant applications and grant award 85
processes and amounts. 86
(E) An eligible applicant that receives a grant under this 87
section shall do both of the following: 88
(1) Use the funds only for the purchase and installation 89
of school bus safety features; 90
(2) Spend any grant funds awarded not later than two years 91
after the date the funds are distributed to the eligible 92
applicant. 93
Sec. 4503.10. (A) The owner of every snowmobile, off- 94
highway motorcycle, and all-purpose vehicle required to be 95
registered under section 4519.02 of the Revised Code shall file 96
an application for registration under section 4519.03 of the 97
Revised Code. The owner of a motor vehicle, other than a 98
snowmobile, off-highway motorcycle, or all-purpose vehicle, that 99
is not designed and constructed by the manufacturer for 100
operation on a street or highway may not register it under this 101
chapter except upon certification of inspection pursuant to 102
section 4513.02 of the Revised Code by the sheriff, or the chief 103
S. B. No. 62 As Introduced
of police of the municipal corporation or township, with 104
jurisdiction over the political subdivision in which the owner 105
of the motor vehicle resides. Except as provided in sections 106
4503.103 and 4503.107 of the Revised Code, every owner of every 107
other motor vehicle not previously described in this section and 108
every person mentioned as owner in the last certificate of title 109
of a motor vehicle that is operated or driven upon the public 110
roads or highways shall cause to be filed each year, by mail or 111
otherwise, in the office of the registrar of motor vehicles or a 112
deputy registrar, a written or electronic application or a 113
preprinted registration renewal notice issued under section 114
4503.102 of the Revised Code, the form of which shall be 115
prescribed by the registrar, for registration for the following 116
registration year, which shall begin on the first day of January 117
of every calendar year and end on the thirty-first day of 118
December in the same year. Applications for registration and 119
registration renewal notices shall be filed at the times 120
established by the registrar pursuant to section 4503.101 of the 121
Revised Code. A motor vehicle owner also may elect to apply for 122
or renew a motor vehicle registration by electronic means using 123
electronic signature in accordance with rules adopted by the 124
registrar. Except as provided in division (J) of this section, 125
applications for registration shall be made on blanks furnished 126
by the registrar for that purpose, containing the following 127
information: 128
(1) A brief description of the motor vehicle to be 129
registered, including the year, make, model, and vehicle 130
identification number, and, in the case of commercial cars, the 131
gross weight of the vehicle fully equipped computed in the 132
manner prescribed in section 4503.08 of the Revised Code; 133
(2) The name and residence address of the owner, and the 134
S. B. No. 62 As Introduced
township and municipal corporation in which the owner resides; 135
(3) The district of registration, which shall be 136
determined as follows: 137
(a) In case the motor vehicle to be registered is used for 138
hire or principally in connection with any established business 139
or branch business, conducted at a particular place, the 140
district of registration is the municipal corporation in which 141
that place is located or, if not located in any municipal 142
corporation, the county and township in which that place is 143
located. 144
(b) In case the vehicle is not so used, the district of 145
registration is the municipal corporation or county in which the 146
owner resides at the time of making the application. 147
(4) Whether the motor vehicle is a new or used motor 148
vehicle; 149
(5) The date of purchase of the motor vehicle; 150
(6) Whether the fees required to be paid for the 151
registration or transfer of the motor vehicle, during the 152
preceding registration year and during the preceding period of 153
the current registration year, have been paid. Each application 154
for registration shall be signed by the owner, either manually 155
or by electronic signature, or pursuant to obtaining a limited 156
power of attorney authorized by the registrar for registration, 157
or other document authorizing such signature. If the owner 158
elects to apply for or renew the motor vehicle registration with 159
the registrar by electronic means, the owner's manual signature 160
is not required. 161
(7) The owner's social security number, driver's license 162
number, or state identification number, or, where a motor 163
S. B. No. 62 As Introduced
vehicle to be registered is used for hire or principally in 164
connection with any established business, the owner's federal 165
taxpayer identification number. The bureau of motor vehicles 166
shall retain in its records all social security numbers provided 167
under this section, but the bureau shall not place social 168
security numbers on motor vehicle certificates of registration. 169
(8) Whether the applicant wishes to certify willingness to 170
make an anatomical gift if an applicant has not so certified 171
under section 2108.05 of the Revised Code. The applicant's 172
response shall not be considered in the decision of whether to 173
approve the application for registration. 174
(B)(1) When an applicant first registers a motor vehicle 175
in the applicant's name, the applicant shall provide proof of 176
ownership of that motor vehicle. Proof of ownership may include 177
any of the following: 178
(a) The applicant may present for inspection a physical 179
certificate of title or memorandum certificate showing title to 180
the motor vehicle to be registered in the name of the applicant. 181
(b) The applicant may present for inspection an electronic 182
certificate of title for the applicant's motor vehicle in a 183
manner prescribed by rules adopted by the registrar. 184
(c) The registrar or deputy registrar may electronically 185
confirm the applicant's ownership of the motor vehicle. 186
An applicant is not required to present a certificate of 187
title to an electronic motor vehicle dealer acting as a limited 188
authority deputy registrar in accordance with rules adopted by 189
the registrar. 190
(2) When a motor vehicle inspection and maintenance 191
program is in effect under section 3704.14 of the Revised Code 192
S. B. No. 62 As Introduced
and rules adopted under it, each application for registration 193
for a vehicle required to be inspected under that section and 194
those rules shall be accompanied by an inspection certificate 195
for the motor vehicle issued in accordance with that section. 196
(3) An application for registration shall be refused if 197
any of the following applies: 198
(a) The application is not in proper form. 199
(b) The application is prohibited from being accepted by 200
division (D) of section 2935.27, division (A) of section 201
2937.221, division (A) of section 4503.13, division (B) of 202
section 4510.22, division (D) of section 4511.756, division (B) 203
(1) of section 4521.10, or division (B) of section 5537.041 of 204
the Revised Code. 205
(c) Proof of ownership is required but is not presented or 206
confirmed in accordance with division (B)(1) of this section. 207
(d) All registration and transfer fees for the motor 208
vehicle, for the preceding year or the preceding period of the 209
current registration year, have not been paid. 210
(e) The owner or lessee does not have an inspection 211
certificate for the motor vehicle as provided in section 3704.14 212
of the Revised Code, and rules adopted under it, if that section 213
is applicable. 214
(4) This section does not require the payment of license 215
or registration taxes on a motor vehicle for any preceding year, 216
or for any preceding period of a year, if the motor vehicle was 217
not taxable for that preceding year or period under sections 218
4503.02, 4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. 219
of the Revised Code. 220
S. B. No. 62 As Introduced
(5) When a certificate of registration is issued upon the 221
first registration of a motor vehicle by or on behalf of the 222
owner, the official issuing the certificate shall indicate the 223
issuance with a stamp on the certificate of title or memorandum 224
certificate or, in the case of an electronic certificate of 225
title or electronic verification of ownership, an electronic 226
stamp or other notation as specified in rules adopted by the 227
registrar, and with a stamp on the inspection certificate for 228
the motor vehicle, if any. 229
(6) The official also shall indicate, by a stamp or by other means the registrar prescribes, on the registration certificate issued upon the first registration of a motor vehicle by or on behalf of the owner the odometer reading of the motor vehicle as shown in the odometer statement included in or attached to the certificate of title. Upon each subsequent registration of the motor vehicle by or on behalf of the same owner, the official also shall so indicate the odometer reading of the motor vehicle as shown on the immediately preceding certificate of registration.
(7) The registrar shall include in the permanent 240
registration record of any vehicle required to be inspected 241
under section 3704.14 of the Revised Code the inspection 242
certificate number from the inspection certificate that is 243
presented at the time of registration of the vehicle as required 244
under this division. 245
(C)(1) Except as otherwise provided in division (C)(1) of 2
this section, the registrar and each deputy registrar shall 2
collect an additional fee of eleven dollars for each application 2
for registration and registration renewal received. For vehicles 2
specified in divisions (A)(1) to (21) of section 4503.042 of the 2
S. B. No. 62 As Introduced
Revised Code, the registrar and deputy registrar shall collect 251
an additional fee of thirty dollars for each application for 252
registration and registration renewal received. No additional 253
fee shall be charged for vehicles registered under section 254
4503.65 of the Revised Code. The additional fee is for the 255
purpose of defraying the department of public safety's costs 256
associated with the administration and enforcement of the motor 257
vehicle and traffic laws of Ohio. Each deputy registrar shall 258
transmit the fees collected under divisions (C)(1) and (3) of 259
this section in the time and manner provided in this section. 260
The registrar shall deposit all moneys received under division 261
(C)(1) of this section into the public safety - highway purposes 262
fund established in section 4501.06 of the Revised Code. 263
(2) In addition, a charge of twenty-five cents shall be made for each reflectorized safety license plate issued, and a single charge of twenty-five cents shall be made for each county identification sticker or each set of county identification stickers issued, as the case may be, to cover the cost of producing the license plates and stickers, including material, manufacturing, and administrative costs. Those fees shall be in addition to the license tax. If the total cost of producing the plates is less than twenty-five cents per plate, or if the total cost of producing the stickers is less than twenty-five cents per sticker or per set issued, any excess moneys accruing from the fees shall be distributed in the same manner as provided by section 4501.04 of the Revised Code for the distribution of license tax moneys. If the total cost of producing the plates exceeds twenty-five cents per plate, or if the total cost of producing the stickers exceeds twenty-five cents per sticker or per set issued, the difference shall be paid from the license tax moneys collected pursuant to section 4503.02 of the Revised
S. B. No. 62 As Introduced
Code. 282
(3) The registrar and each deputy registrar shall collect 283
the following additional fee, as applicable, for each 284
application for registration or registration renewal received 285
for any hybrid motor vehicle, plug-in hybrid electric motor 286
vehicle, or battery electric motor vehicle: 287
(a) One hundred dollars for a hybrid motor vehicle; 288
(b) One hundred fifty dollars for a plug-in hybrid 289
electric motor vehicle; 290
(c) Two hundred dollars for a battery electric motor 291
vehicle. 292
Each fee imposed under this division shall be prorated 293
based on the number of months for which the vehicle is 294
registered. The registrar shall transmit all money arising from 295
each fee to the treasurer of state for distribution in 296
accordance with division (E) of section 5735.051 of the Revised 297
Code, subject to division (D) of section 5735.05 of the Revised 298
Code. 299
(D) Each deputy registrar shall be allowed a fee equal to 300
the amount established under section 4503.038 of the Revised 301
Code for each application for registration and registration 302
renewal notice the deputy registrar receives, which shall be for 303
the purpose of compensating the deputy registrar for the deputy 304
registrar's services, and such office and rental expenses, as 305
may be necessary for the proper discharge of the deputy 306
registrar's duties in the receiving of applications and renewal 307
notices and the issuing of registrations. 308
(E) Upon the certification of the registrar, the county 309
sheriff or local police officials shall recover license plates 310
S. B. No. 62 As Introduced
erroneously or fraudulently issued. 311
(F) Each deputy registrar, upon receipt of any application 312
for registration or registration renewal notice, together with 313
the license fee and any local motor vehicle license tax levied 314
pursuant to Chapter 4504. of the Revised Code, shall transmit 315
that fee and tax, if any, in the manner provided in this 316
section, together with the original and duplicate copy of the 317
application, to the registrar. The registrar, subject to the 318
approval of the director of public safety, may deposit the funds 319
collected by those deputies in a local bank or depository to the 320
credit of the "state of Ohio, bureau of motor vehicles." Where a 321
local bank or depository has been designated by the registrar, 322
each deputy registrar shall deposit all moneys collected by the 323
deputy registrar into that bank or depository not more than one 324
business day after their collection and shall make reports to 325
the registrar of the amounts so deposited, together with any 326
other information, some of which may be prescribed by the 327
treasurer of state, as the registrar may require and as 328
prescribed by the registrar by rule. The registrar, within three 329
days after receipt of notification of the deposit of funds by a 330
deputy registrar in a local bank or depository, shall draw on 331
that account in favor of the treasurer of state. The registrar, 332
subject to the approval of the director and the treasurer of 333
state, may make reasonable rules necessary for the prompt 334
transmittal of fees and for safeguarding the interests of the 335
state and of counties, townships, municipal corporations, and 336
transportation improvement districts levying local motor vehicle 337
license taxes. The registrar may pay service charges usually 338
collected by banks and depositories for such service. If deputy 339
registrars are located in communities where banking facilities 340
are not available, they shall transmit the fees forthwith, by 341
S. B. No. 62 As Introduced
money order or otherwise, as the registrar, by rule approved by 342
the director and the treasurer of state, may prescribe. The 343
registrar may pay the usual and customary fees for such service. 344
(G) This section does not prevent any person from making 345
an application for a motor vehicle license directly to the 346
registrar by mail, by electronic means, or in person at any of 347
the registrar's offices, upon payment of a service fee equal to 348
the amount established under section 4503.038 of the Revised 349
Code for each application. 350
(H) No person shall make a false statement as to the 351
district of registration in an application required by division 352
(A) of this section. Violation of this division is falsification 353
under section 2921.13 of the Revised Code and punishable as 354
specified in that section. 355
(I)(1) Where applicable, the requirements of division (B) 356
of this section relating to the presentation of an inspection 357
certificate issued under section 3704.14 of the Revised Code and 358
rules adopted under it for a motor vehicle, the refusal of a 359
license for failure to present an inspection certificate, and 360
the stamping of the inspection certificate by the official 361
issuing the certificate of registration apply to the 362
registration of and issuance of license plates for a motor 363
vehicle under sections 4503.102, 4503.12, 4503.14, 4503.15, 364
4503.16, 4503.171, 4503.172, 4503.19, 4503.40, 4503.41, 4503.42, 365
4503.43, 4503.44, 4503.46, 4503.47, and 4503.51 of the Revised 366
Code. 367
(2)(a) The registrar shall adopt rules ensuring that each 368
owner registering a motor vehicle in a county where a motor 369
vehicle inspection and maintenance program is in effect under 370
section 3704.14 of the Revised Code and rules adopted under it 371
S. B. No. 62 As Introduced
receives information about the requirements established in that 372
section and those rules and about the need in those counties to 373
present an inspection certificate with an application for 374
registration or preregistration. 375
(b) Upon request, the registrar shall provide the director of environmental protection, or any person that has been awarded a contract under section 3704.14 of the Revised Code, an on-line computer data link to registration information for all passenger cars, noncommercial motor vehicles, and commercial cars that are subject to that section. The registrar also shall provide to the director of environmental protection a magnetic data tape containing registration information regarding passenger cars, noncommercial motor vehicles, and commercial cars for which a multi-year registration is in effect under section 4503.103 of the Revised Code or rules adopted under it, including, without limitation, the date of issuance of the multi-year registration, the registration deadline established under rules adopted under section 4503.101 of the Revised Code that was applicable in the year in which the multi-year registration was issued, and the registration deadline for renewal of the multi-year registration.
(J) Subject to division (K) of this section, application for registration under the international registration plan, as set forth in sections 4503.60 to 4503.66 of the Revised Code, shall be made to the registrar on forms furnished by the registrar. In accordance with international registration plan guidelines and pursuant to rules adopted by the registrar, the forms shall include the following:
(1) A uniform mileage schedule; 400
(2) The gross vehicle weight of the vehicle or combined 401
S. B. No. 62 As Introduced
gross vehicle weight of the combination vehicle as declared by the registrant;
(3) Any other information the registrar requires by rule. 404
(K) The registrar shall determine the feasibility of 405
implementing an electronic commercial fleet licensing and 406
management program that will enable the owners of commercial 407
tractors, commercial trailers, and commercial semitrailers to 408
conduct electronic transactions by July 1, 2010, or sooner. If 409
the registrar determines that implementing such a program is 410
feasible, the registrar shall adopt new rules under this 411
division or amend existing rules adopted under this division as 412
necessary in order to respond to advances in technology. 413
If international registration plan guidelines and provisions allow member jurisdictions to permit applications for registrations under the international registration plan to be made via the internet, the rules the registrar adopts under this division shall permit such action.
Sec. 4503.102. (A) The registrar of motor vehicles shall 419
adopt rules to establish a centralized system of motor vehicle 420
registration renewal by mail or by electronic means. Any person 421
owning a motor vehicle that was registered in the person's name 422
during the preceding registration year shall renew the 423
registration of the motor vehicle not more than ninety days 424
prior to the expiration date of the registration either by mail 425
or by electronic means through the centralized system of 426
registration established under this section, or in person at any 427
office of the registrar or at a deputy registrar's office. 428
S. B. No. 62 As Introduced
date of any motor vehicle registration, the registrar shall mail a renewal notice to the person in whose name the motor vehicle is registered. The renewal notice shall clearly state that the registration of the motor vehicle may be renewed by mail or electronic means through the centralized system of registration or in person at any office of the registrar or at a deputy registrar's office and shall be preprinted with information including, but not limited to, the owner's name and residence address as shown in the records of the bureau of motor vehicles, a brief description of the motor vehicle to be registered, notice of the license taxes and fees due on the motor vehicle, the toll-free telephone number of the registrar as required under division (D)(1) of section 4503.031 of the Revised Code, a statement that payment for a renewal may be made by financial transaction device using the toll-free telephone number, and any additional information the registrar may require by rule. The renewal notice shall not include the social security number of either the owner of the motor vehicle or the person in whose name the motor vehicle is registered. The renewal notice shall be sent by regular mail to the owner's last known address as shown in the records of the bureau of motor vehicles.
(2) The registrar is not required to mail a renewal notice 452
if either of the following applies: 453
(a) The owner of the vehicle has consented to receiving 454
the renewal notice by electronic means only. 455
(b) The application for renewal of the registration of a 456
motor vehicle is prohibited from being accepted by the registrar 457
or a deputy registrar by division (D) of section 2935.27, 458
division (A) of section 2937.221, division (A) of section 459
4503.13, division (B) of section 4510.22, division (D) of 460
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section 4511.756, or division (B)(1) of section 4521.10 of the 461
Revised Code. 462
(3) If the owner of a motor vehicle has consented to 463
receiving a renewal notice by electronic means only, the 464
registrar shall send an electronic renewal notice to the owner 465
that contains the information specified in division (B)(1) of 466
this section at the time specified under that division. 467
(C) The owner of the motor vehicle shall verify the information contained in the notice, sign it either manually or by electronic means, and return it, either by mail or electronic means, or the owner may take it in person to any office of the registrar or of a deputy registrar. The owner shall include with the notice a financial transaction device number when renewing in person or by electronic means but not by mail, check, or money order in the amount of the registration taxes and fees payable on the motor vehicle and a service fee equal to the amount established under section 4503.038 of the Revised Code, plus postage as indicated on the notice if the registration is renewed or fulfilled by mail, and an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code. For purposes of the centralized system of motor vehicle registration, the registrar shall accept payments via the tollfree telephone number established under division (D)(1) of section 4503.031 of the Revised Code for renewals made by mail. If the motor vehicle owner chooses to renew the motor vehicle registration by electronic means, the owner shall proceed in accordance with the rules the registrar adopts.
(D) If all registration and transfer fees for the motor 488
vehicle for the preceding year or the preceding period of the 489
current registration year have not been paid, if division (D) of 490
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section 2935.27, division (A) of section 2937.221, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4511.756, or division (B)(1) of section 4521.10 of the Revised Code prohibits acceptance of the renewal notice, or if the owner or lessee does not have an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code, if that section is applicable, the license shall be refused, and the registrar or deputy registrar shall so notify the owner. This section does not require the payment of license or registration taxes on a motor vehicle for any preceding year, or for any preceding period of a year, if the motor vehicle was not taxable for that preceding year or period under section 4503.02, 4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the Revised Code.
(E)(1) Failure to receive a renewal notice does not relieve a motor vehicle owner from the responsibility to renew the registration for the motor vehicle. Any person who has a motor vehicle registered in this state and who does not receive a renewal notice as provided in division (B) of this section prior to the expiration date of the registration shall request an application for registration from the registrar or a deputy registrar and sign the application manually or by electronic means and submit the application and pay any applicable license taxes and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application for registration and the registrar is prohibited by division (D) of section 2935.27, division (A) of section 2937.221, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4511.756, or division (B)(1) of section 4521.10 of the Revised Code from accepting the application, the registrar shall return the application and the payment to the
S. B. No. 62 As Introduced
owner. If the owner of a motor vehicle submits a registration renewal application to the registrar by electronic means and the registrar is prohibited from accepting the application as provided in this division, the registrar shall notify the owner of this fact and deny the application and return the payment or give a credit on the financial transaction device account of the owner in the manner the registrar prescribes by rule adopted pursuant to division (A) of this section.
(F) Every deputy registrar shall post in a prominent place at the deputy's office a notice informing the public of the mail registration system required by this section and also shall post a notice that every owner of a motor vehicle and every chauffeur holding a certificate of registration is required to notify the registrar in writing of any change of residence within ten days after the change occurs. The notice shall be in such form as the registrar prescribes by rule.
(G) The service fee equal to the amount established under section 4503.038 of the Revised Code that is collected from a person who renews a motor vehicle registration by electronic means or by mail, plus postage collected by the registrar and any financial transaction device surcharge collected by the registrar, shall be paid to the credit of the public safety - highway purposes fund established by section 4501.06 of the Revised Code.
(H)(1) Pursuant to section 113.40 of the Revised Code, the registrar shall implement a program permitting payment of motor vehicle registration taxes and fees, driver's license and commercial driver's license fees, and any other taxes, fees, penalties, or charges imposed or levied by the state by means of a financial transaction device for transactions occurring
S. B. No. 62 Page 20 As Introduced
online, at any office of the registrar, and at all deputy 552
registrar locations. The program shall take effect not later 553
than July 1, 2016. The registrar shall adopt rules as necessary 554
for this purpose, but all such rules are subject to any action, 555
policy, or procedure of the board of deposit or treasurer of 556
state taken or adopted under section 113.40 of the Revised Code. 557
(2) The rules adopted under division (H)(1) of this 558
section shall require a deputy registrar to accept payments by 559
means of a financial transaction device beginning on the 560
effective date of the rules unless the deputy registrar contract 561
entered into by the deputy registrar prohibits the acceptance of 562
such payments by financial transaction device. However, 563
commencing with deputy registrar contract awards that have a 564
start date of July 1, 2016, and for all contract awards 565
thereafter, the registrar shall require that the proposer accept 566
payment by means of a financial transaction device, including 567
credit cards and debit cards, for all department of public 568
safety transactions conducted at that deputy registrar location. 569
The bureau and deputy registrars are not required to pay any costs that result from accepting payment by means of a financial transaction device. A deputy registrar may charge a person who tenders payment for a department transaction by means of a financial transaction device any cost the deputy registrar incurs from accepting payment by the financial transaction device, but the deputy registrar shall not require the person to pay any additional fee of any kind in connection with the use by the person of the financial transaction device.
(3) In accordance with division (H)(1) of this section and rules adopted by the registrar under that division, a county auditor or clerk of a court of common pleas that is designated a
S. B. No. 62 As Introduced
deputy registrar shall accept payment by means of a financial 582
transaction device, including credit cards and debit cards, for 583
all department transactions conducted at the office of the 584
county auditor or clerk in the county auditor's or clerk's 585
capacity as deputy registrar. The bureau is not required to pay 586
any costs incurred by a county auditor or clerk that result from 587
accepting payment by means of a financial transaction device for 588
any department transaction. 589
(I) For persons who reside in counties where tailpipe emissions inspections are required under the motor vehicle inspection and maintenance program, the notice required by division (B) of this section shall also include the toll-free telephone number maintained by the Ohio environmental protection agency to provide information concerning the locations of emissions testing centers. The registrar also shall include a statement in the notice that a battery electric motor vehicle is not required to undergo emissions inspection under the motor vehicle inspection and maintenance program established under section 3704.14 of the Revised Code.
Sec. 4503.12. (A) Upon the transfer of ownership of a 601
motor vehicle, the registration of the motor vehicle expires, 602
and the original owner immediately shall remove the license 603
plates from the motor vehicle, except that: 604
(1) If a statutory merger or consolidation results in the 605
transfer of ownership of a motor vehicle from a constituent 606
corporation to the surviving corporation, or if the 607
incorporation of a proprietorship or partnership results in the 608
transfer of ownership of a motor vehicle from the proprietorship 609
or partnership to the corporation, the registration shall be 610
continued upon the filing by the surviving or new corporation, 611
S. B. No. 62 As Introduced
within thirty days of such transfer, of an application for an 612
amended certificate of registration. Upon a proper filing, the 613
registrar of motor vehicles shall issue an amended certificate 614
of registration in the name of the new owner. 615
(2) If the death of the owner of a motor vehicle results in the transfer of ownership of the motor vehicle to the surviving spouse of the owner or if a motor vehicle is owned by two persons under joint ownership with right of survivorship established under section 2131.12 of the Revised Code and one of those persons dies, the registration shall be continued upon the filing by the survivor of an application for an amended certificate of registration. In relation to a motor vehicle that is owned by two persons under joint ownership with right of survivorship established under section 2131.12 of the Revised Code, the application shall be accompanied by a copy of the certificate of title that specifies that the vehicle is owned under joint ownership with right of survivorship. Upon a proper filing, the registrar shall issue an amended certificate of registration in the name of the survivor.
(3) If the death of the owner of a motor vehicle results 631
in the transfer of ownership of the motor vehicle to a transfer- 632
on-death beneficiary or beneficiaries designated under section 633
2131.13 of the Revised Code, the registration shall be continued 634
upon the filing by the transfer-on-death beneficiary or 635
beneficiaries of an application for an amended certificate of 636
registration. The application shall be accompanied by a copy of 637
the certificate of title that specifies that the owner of the 638
motor vehicle has designated the motor vehicle in beneficiary 639
form under section 2131.13 of the Revised Code. Upon a proper 640
filing, the registrar shall issue an amended certificate of 641
registration in the name of the transfer-on-death beneficiary or 642
S. B. No. 62 As Introduced
beneficiaries.
(4) If the original owner of a motor vehicle that has been transferred makes application for the registration of another motor vehicle at any time during the remainder of the registration period for which the transferred motor vehicle was registered, the owner may file an application for transfer of the registration and, where applicable, the license plates. The transfer of the registration and, where applicable, the license plates from the motor vehicle for which they originally were issued to a succeeding motor vehicle purchased by the same person in whose name the original registration and license plates were issued shall be done within a period not to exceed thirty days. During that thirty-day period, the license plates from the motor vehicle for which they originally were issued may be displayed on the succeeding motor vehicle, and the succeeding motor vehicle may be operated on the public roads and highways in this state.
At the time of application for transfer, the registrar 660
shall compute and collect the amount of tax due on the 661
succeeding motor vehicle, based upon the amount that would be 662
due on a new registration as of the date on which the transfer 663
is made less a credit for the unused portion of the original 664
registration beginning on that date. If the credit exceeds the 665
amount of tax due on the new registration, no refund shall be 666
made. In computing the amount of tax due and credits to be 667
allowed under this division, the provisions of division (B)(1) 668
(a) and (b) of section 4503.11 of the Revised Code shall apply. 669
As to passenger cars, noncommercial vehicles, motor homes, and 670
motorcycles, transfers within or between these classes of motor 671
vehicles only shall be allowed. If the succeeding motor vehicle 672
is of a different class than the motor vehicle for which the 673
S. B. No. 62 As Introduced
registration originally was issued, new license plates also 674
shall be issued upon the surrender of the license plates 675
originally issued and payment of the fees provided in divisions 676
(C) and (D) of section 4503.10 of the Revised Code. 677
(5) The owner of a commercial car having a gross vehicle 678
weight or combined gross vehicle weight of more than ten 679
thousand pounds may transfer the registration of that commercial 680
car to another commercial car the owner owns without 681
transferring ownership of the first commercial car. At any time 682
during the remainder of the registration period for which the 683
first commercial car was registered, the owner may file an 684
application for the transfer of the registration and, where 685
applicable, the license plates, accompanied by the certificate 686
of registration of the first commercial car. The amount of any 687
tax due or credit to be allowed for a transfer of registration 688
under this division shall be computed in accordance with 689
division (A)(4) of this section. 690
No commercial car to which a registration is transferred 691
under this division shall be operated on a public road or 692
highway in this state until after the transfer of registration 693
is completed in accordance with this division. 694
(6) Upon application to the registrar or a deputy 695
registrar, a person who owns or leases a motor vehicle may 696
transfer special license plates assigned to that vehicle to any 697
other vehicle that the person owns or leases or that is owned or 698
leased by the person's spouse. As appropriate, the application 699
also shall be accompanied by a power of attorney for the 700
registration of a leased vehicle and a written statement 701
releasing the special plates to the applicant. Upon a proper 702
filing, the registrar or deputy registrar shall assign the 703
S. B. No. 62 As Introduced
special license plates to the motor vehicle owned or leased by 704
the applicant and issue a new certificate of registration for 705
that motor vehicle. 706
(7) If a corporation transfers the ownership of a motor 707
vehicle to an affiliated corporation, the affiliated corporation 708
may apply to the registrar for the transfer of the registration 709
and any license plates. The registrar may require the applicant 710
to submit documentation of the corporate relationship and shall 711
determine whether the application for registration transfer is 712
made in good faith and not for the purposes of circumventing the 713
provisions of this chapter. Upon a proper filing, the registrar 714
shall issue an amended certificate of registration in the name 715
of the new owner. 716
(B) An application under division (A) of this section 717
shall be accompanied by a service fee equal to the amount 718
established under section 4503.038 of the Revised Code, a 719
transfer fee of one dollar, and the original certificate of 720
registration, if applicable. 721
(C) Neither the registrar nor a deputy registrar shall 722
transfer a registration under division (A) of this section if 723
the registration is prohibited by division (D) of section 724
2935.27, division (A) of section 2937.221, division (A) of 725
section 4503.13, division (D) of section 4503.234, division (B) 726
of section 4510.22, division (D) of section 4511.756, division 727
(B)(1) of section 4521.10, or division (B) of section 5537.041 728
of the Revised Code. 729
(D) Whoever violates division (A) of this section is 730
guilty of a misdemeanor of the fourth degree. 731
(E) As used in division (A)(6) of this section, "special 732
S. B. No. 62 As Introduced
license plates" means either of the following: 733
(1) Any license plates for which the person to whom the 734
license plates are issued must pay an additional fee in excess 735
of the fees prescribed in section 4503.04 of the Revised Code, 736
Chapter 4504. of the Revised Code, and the service fee 737
prescribed in division (D) or (G) of section 4503.10 of the 738
Revised Code; 739
(2) License plates issued under section 4503.44 of the 740
Revised Code. 741
Sec. 4511.75. (A)(A)(1) The driver of a vehicle, 742
streetcar, or trackless trolley upon meeting or overtaking from 743
either direction any school bus stopped for the purpose of 744
receiving or discharging any school child, person attending 745
programs offered by community boards of mental health and county 746
boards of developmental disabilities, or child attending a 747
program offered by a head start agency, shall stop at least ten 748
feet from the front or rear of the school bus and shall not 749
proceed until such school bus resumes motion, or until signaled 750
by the school bus driver or a law enforcement officer to 751
proceed. 752
(2) It is no defense to a charge under this division (A) 753
(1) of this section that the school bus involved failed to 754
display or be equipped with an automatically extended stop 755
warning sign as required by division (B) of this section. 756
(B) Every school bus shall be equipped with amber and red 757
visual signals meeting the requirements of section 4511.771 of 758
the Revised Code, and an automatically extended stop warning 759
sign of a type approved by the department of education and 760
workforce, which shall be actuated by the driver of the bus 761
S. B. No. 62 As Introduced
whenever but only whenever the bus is stopped or stopping on the 762
roadway for the purpose of receiving or discharging school 763
children, persons attending programs offered by community boards 764
of mental health and county boards of developmental 765
disabilities, or children attending programs offered by head 766
start agencies. A school bus driver shall not actuate the visual 767
signals or the stop warning sign in designated school bus 768
loading areas where the bus is entirely off the roadway or at 769
school buildings when children or persons attending programs 770
offered by community boards of mental health and county boards 771
of developmental disabilities are loading or unloading at 772
curbside or at buildings when children attending programs 773
offered by head start agencies are loading or unloading at 774
curbside. The visual signals and stop warning sign shall be 775
synchronized or otherwise operated as required by rule of the 776
board. 777
(C) Where a highway has been divided into four or more 778
traffic lanes, a driver of a vehicle, streetcar, or trackless 779
trolley need not stop for a school bus approaching from the 780
opposite direction which has stopped for the purpose of 781
receiving or discharging any school child, persons attending 782
programs offered by community boards of mental health and county 783
boards of developmental disabilities, or children attending 784
programs offered by head start agencies. The driver of any 785
vehicle, streetcar, or trackless trolley overtaking the school 786
bus shall comply with division (A) of this section. 787
(D) School buses operating on divided highways or on 788
highways with four or more traffic lanes shall receive and 789
discharge all school children, persons attending programs 790
offered by community boards of mental health and county boards 791
of developmental disabilities, and children attending programs 792
S. B. No. 62 As Introduced
offered by head start agencies on their residence side of the 793
highway. 794
(E) No school bus driver shall start the driver's bus 795
until after any child, person attending programs offered by 796
community boards of mental health and county boards of 797
developmental disabilities, or child attending a program offered 798
by a head start agency who may have alighted therefrom has 799
reached a place of safety on the child's or person's residence 800
side of the road. 801
(F)(1) Whoever Except as provided in division (F)(3) of this section, whoever violates division (A) of this section may be fined an amount not to exceed five hundred dollars. A person who is issued a citation for a violation of division (A) of this section is not permitted to enter a written plea of guilty and waive the person's right to contest the citation in a trial but instead must appear in person in the proper court to answer the charge.
(2) In Except as provided in division (F)(3) of this section, in addition to and independent of any other penalty provided by law, the court or mayor may impose upon an offender who violates this section a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code. When a license is suspended under this section, the court or mayor shall cause the offender to deliver the license to the court, and the court or clerk of the court immediately shall forward the license to the registrar of motor vehicles, together with notice of the court's action.
S. B. No. 62 As Introduced
(3) If the identity of the driver of a vehicle that is the subject of a violation of division (A) of this section cannot be established through investigation or otherwise, the registered owner of a vehicle may be fined a civil penalty of three hundred dollars in accordance with sections 4511.753 to 4511.757 of the Revised Code when that owner's vehicle is used to commit a violation of division (A) of this section.
(G) As used in this section:
(1) "Head start agency" has the same meaning as in section 3301.32 of the Revised Code.
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(2) "School bus," as used in relation to children who attend a program offered by a head start agency, means a bus that is owned and operated by a head start agency, is equipped with an automatically extended stop warning sign of a type approved by the department, is painted the color and displays the markings described in section 4511.77 of the Revised Code, and is equipped with amber and red visual signals meeting the requirements of section 4511.771 of the Revised Code, irrespective of whether or not the bus has fifteen or more children aboard at any time. "School bus" does not include a van owned and operated by a head start agency, irrespective of its color, lights, or markings.
Sec. 4511.751. As used in sections 4511.751 to 4511.757 845
and section 4511.76 of the Revised Code: 846
(A) "Designated party" means the person whom a registered 847
owner of a vehicle identifies as the person who was operating 848
the owner's vehicle at the time of a school bus violation. 849
(B) "Entity responsible for operation of the school bus" 850
means the applicable board of education of a city, local or 851
S. B. No. 62 As Introduced
exempted village school district, the governing board of an 852
educational service center, a county board of developmental 853
disabilities, or the governing authority of a chartered 854
nonpublic school, community school established under Chapter 855
3314. of the Revised Code, STEM school established under Chapter 856
3326. of the Revised Code, or head start program that is 857
responsible for the operation of the school bus on which a 858
school bus violation detection monitoring system is installed. 859
(C) "Law enforcement officer" means a sheriff, deputy 860
sheriff, marshal, deputy marshal, school resource officer, 861
police officer of a police department of any municipal 862
corporation, police constable of any township, or police officer 863
of a township or joint police district who is employed on a 864
permanent, full-time basis by a law enforcement agency. 865
(D) "License plate" includes any temporary motor vehicle 866
license registration issued under section 4503.182 of the 867
Revised Code or similar law of another jurisdiction. 868
(E) "Motor vehicle dealer" has the same meaning as in 869
section 4517.01 of the Revised Code. 870
(F) "Motor vehicle renting dealer" has the same meaning as 871
in section 4549.65 of the Revised Code. 872
(G) "Notice of violation" means a traffic ticket, 873
citation, summons, or other ticket issued in response to an 874
alleged school bus violation detected by a school bus violation 875
detection monitoring system that represents a civil violation. 876
(H) "Recorded images" means either of the following, 877
recorded by a school bus violation detection monitoring system, 878
when they are sufficiently clear and show, on at least one image 879
or on a portion of the videotape, the rear of a vehicle and the 880
S. B. No. 62 As Introduced
letters and numerals on the rear license plate of the vehicle: 881
(1) Two or more photographs, microphotographs, electronic 882
images, or digital images; 883
(2) Videotape. 884
(I) "Registered owner" means all of the following: 885
(1) Any person or entity identified by the bureau of motor 886
vehicles or any other state motor vehicle registration bureau, 887
department, or office as the owner of a vehicle; 888
(2) The lessee of a vehicle under a lease of six months or 889
longer; 890
(3) The renter of a vehicle pursuant to a written rental 891
agreement with a motor vehicle renting dealer. 892
(J) "School bus violation detection monitoring system" 893
means a camera system affixed to a school bus that consists of 894
two or more camera sensors or computers that can produce 895
recorded images. 896
(K) "School bus violation" means a violation of division 897
(A) of section 4511.75 of the Revised Code, or a substantially 898
equivalent municipal ordinance, when division (E) of section 899
4511.752 of the Revised Code applies. 900
Sec. 4511.751 4511.752. As used in this section, "license 901
plate" includes, but is not limited to, any temporary motor 902
vehicle license registration issued under section 4503.182 of 903
the Revised Code or similar law of another jurisdiction. 904
(A) When the operator of a school bus believes that a 905
motorist has violated division (A) of section 4511.75 of the 906
Revised Code, the operator shall report the license plate number 907
S. B. No. 62 As Introduced
and a general description of the vehicle and of the operator of 908
the vehicle to the law enforcement agency exercising 909
jurisdiction over the area where the alleged violation occurred. 910
(B) The information contained in the report relating to 911
the license plate number and to the general description of the 912
vehicle and the operator of the vehicle at the time of the 913
alleged violation may be supplied or corroborated by any person 914
with first-hand knowledge of the information. Information of 915
which the operator of the school bus has first-hand knowledge 916
contained in the report also may be supplied or corroborated by 917
any other personan entity responsible for operation of a school 918
bus or its contracted private vendor, through an image, images, 919
or video recorded by a school bus camera, including a school bus 920
violation detection monitoring system, installed pursuant to 921
section 4511.76 of the Revised Code. 922
(C)(1) Upon receipt of the report of the alleged violation 923
of division (A) of section 4511.75 of the Revised Code, the law 924
enforcement agency shall conduct an investigation to attempt to 925
determine or confirm the following: 926
(a) The license plate number, the color, and the make and 927
model of the vehicle; 928
(b) The date, approximate time, and location of the 929
alleged violation; 930
(c) The identity of the operator of the vehicle at the 931
time of the alleged violation. 932
(2) The law enforcement agency may use a sufficiently 933
clear image, images, or video provided by a school bus camera, 934
including a school bus violation detection monitoring system 935
installed pursuant to section 4511.76 of the Revised Code, to 936
S. B. No. 62 As Introduced
determine the information specified in division (C)(1) of this section.
(D) If the identity of the operator at the time of the 939
alleged violation is established, the reporting of the license 940
plate number of the vehicle shall establish probable cause for 941
the law enforcement agency to issue a criminal citation for the 942
violation of division (A) of section 4511.75 of the Revised 943
Code. However, if 944
(E) If the identity of the operator of the vehicle at the 945
time of the alleged violation cannot be established and the 946
recorded image, images, or video are sufficiently clear to 947
identify the license plate of the vehicle that is the subject of 948
the alleged violation, the law enforcement agency shall issue a 949
warning may do one of the following, as applicable: 950
(1) Issue a notice of violation for a civil penalty of 951
three hundred dollars to the registered owner of the vehicle at 952
the time of the alleged violation, except in the case of a 953
leased or rented vehicle when the warning shall be issued to the 954
lessee at the time of the alleged violation in accordance with 955
sections 4511.753 to 4511.757 of the Revised Code. A law 956
enforcement agency shall not issue a notice of violation under 957
this division unless both of the following apply: 958
(a) The entity responsible for operation of the school bus 959
that is the subject of the alleged violation has installed a 960
school bus violation detection monitoring system pursuant to 961
section 4511.76 of the Revised Code on all school buses actively 962
operated by the entity for transportation routes. 963
(b) The recorded image meets all requirements necessary to 964
issue a ticket under section 4511.753 of the Revised Code. 965
S. B. No. 62 As Introduced
(2) Issue a warning to the registered owner of the vehicle 966
at the time of the alleged violation. 967
(F) A law enforcement agency shall not issue both a 968
criminal citation and a civil notice of violation for a single 969
instance of a violation of division (A) of section 4511.75 of 970
the Revised Code. 971
(G) The registrar of motor vehicles and deputy registrars shall, at the time of issuing license plates to any person, include with the license plate a summary of the requirements of division (A) of section 4511.75 of the Revised Code and the procedures of, and penalty in, division (F) of section 4511.75 of the Revised Code.
(H) For purposes of enforcing section 4511.75 of the Revised Code under this section, the state highway patrol may issue a criminal citation under division (D) of this section, but shall not issue a notice of violation for a civil violation under division (E) of this section. If the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the state highway patrol may issue a warning to the registered owner of the vehicle at the time of the alleged violation.
Sec. 45i1.753. (A) When a law enforcement agency receives a report under division (A) or (B) of section 4511.752 of the Revised Code, and the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency may use any lawful means to identify the registered owner for purposes of issuing a notice of violation under this section to that owner if all of the following are shown on the image recorded by a school bus violation detection monitoring system:
S. B. No. 62 As Introduced
(1) The school bus violation; (2) The date and time of the violation; (3) The electronic red light visual signals or stop warning sign to demonstrate that such signals and sign were actuated; (4) The letter and numerals on the license plate of the vehicle involved and the state that issued the license plate. (B)(1) After the identification of the registered owner under division (A) of this section and within thirty days of the school bus violation, the law enforcement agency or the agency's agent may issue and send by regular mail in a clearly marked envelope that includes the citing law enforcement agency on the envelope a notice of violation charging the registered owner with the violation.
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(2) A school bus violation for which a notice of violation is issued by or on behalf of a law enforcement agency based on evidence recorded by a school bus violation detection monitoring system is a civil violation. The law enforcement agency or the agency's agent shall issue the notice of violation in accordance with the requirements of section 4511.754 of the Revised Code. The civil penalty for the notice of violation shall be three hundred dollars.
(C) A law enforcement agency or the agency's agent that
mails a notice of violation charging the registered owner with
the school bus violation shall, without unnecessary delay, file
a certified copy of the notice of violation with the municipal
court or county court with jurisdiction over the civil action. (D) A certified copy of the notice of violation alleging a
school bus violation, sworn to or affirmed by a law enforcement
S. B. No. 62 As Introduced
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officer employed by the law enforcement agency, including by electronic means, and the recorded images produced by the school bus violation detection monitoring system, is prima facie evidence of the facts contained therein and is admissible in a civil action or proceeding concerning the notice of violation issued under this section.
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Sec. 4511.754. A law enforcement agency or the agency's 1031
agent shall ensure that a notice of violation for a school bus 1032
violation sent under section 4511.753 of the Revised Code 1033
contains all of the following: 1034
(A) The name and address of the registered owner; 1035
(B) The letters and numerals appearing on the license 1036
plate issued to the vehicle; 1037
(C) The school bus violation charged; 1038
(D) A statement that the violation was recorded by a 1039
school bus violation detection monitoring system; 1040
(E) The date and time of the violation; 1041
(F) A copy of the recorded images; 1042
(G) The amount of the civil penalty imposed, the date by 1043
which the civil penalty is required to be paid, and the address 1044
of the municipal court or county court with jurisdiction over 1045
the civil action to which the payment is to be sent; 1046
(H) A statement signed by a law enforcement officer 1047
indicating that, based on an inspection of the recorded images, 1048
the vehicle was involved in a school bus violation and the 1049
recorded images are prima facie evidence of that school bus 1050
violation. The law enforcement officer may sign the statement 1051
electronically. 1052
S. B. No. 62 As Introduced
(I) Information advising the person or entity alleged to be liable of the options prescribed in section 4511.755 of the Revised Code, including the time, place, and manner in which the person or entity may appear in court to contest the violation and notice of violation and the procedure for disclaiming liability by submitting an affidavit to the municipal court or county court as prescribed in section 4511.755 of the Revised Code;
(J) A warning that failure to exercise one of the options prescribed in section 4511.755 of the Revised Code is deemed to be an admission of liability and waiver of the opportunity to contest the violation.
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Sec. 4511.755. A person or entity who receives a notice of violation for a civil violation sent under section 4511.753 of the Revised Code shall elect to do one of the following: (A) In accordance with instructions on the notice of violation, pay the civil penalty, thereby admitting liability and waiving the opportunity to contest the violation; (B)(1) Within thirty days after receipt of the notice of violation, provide the municipal court or county court with jurisdiction over the civil action with either of the following affidavits:
(a) An affidavit executed by the registered owner and the operator of the vehicle at the time of the violation identifying that operator as the designated party who may be held liable for the violation, and containing at a minimum the name and address of that designated party;
(b) An affidavit executed by the registered owner stating that at the time of the violation, the vehicle or the license
S. B. No. 62 As Introduced
plates issued to the vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the registered owner did not grant permission to use the vehicle. To demonstrate that the vehicle or the license plates were stolen prior to the school bus violation and therefore were not under the control or possession of the registered owner at the time of the violation, the registered owner shall submit proof that a report about the stolen vehicle or license plates was filed with the appropriate law enforcement agency prior to the violation or within forty-eight hours after the violation occurred.
(2) A registered owner is not responsible for a school bus violation if, within thirty days after the date of mailing of the notice of violation, the registered owner furnishes an affidavit specified in division (B)(1)(a) or (b) of this section to the court with jurisdiction in a form established by the court and the following conditions are met:
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(a) If the registered owner and the operator of the vehicle at the time of the violation submit an affidavit as specified in division (B)(1)(a) of this section, the operator as the designated party either accepts liability for the violation by paying the civil penalty or by failing to request a court hearing within thirty days or is determined liable in a court hearing.
(b) If the registered owner submits an affidavit as specified in division (B)(1)(b) of this section, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division.
(C) If the registered owner is a motor vehicle dealer or a motor vehicle renting dealer, notify the court with jurisdiction
S. B. No. 62 As Introduced
of the name and address of the customer, lessee, or renter of the vehicle at the time of the school bus violation. The court may establish the form of the notice or use a standard form of notice. A motor vehicle dealer or motor vehicle renting dealer who receives a notice of violation for an alleged school bus violation detected by a school bus violation detection monitoring system is not liable for a notice of violation issued for a vehicle that was in the care, custody, or control of a customer, lessee, or renter at the time of the alleged violation. The dealer shall not pay the fine specified on the notice of violation and subsequently attempt to collect a fee or assess the customer, lessee, or renter a charge for any payment of such a notice of violation made on behalf of the customer, lessee, or renter.
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(D) If the vehicle involved in the school bus violation is a commercial motor vehicle and the notice of violation is issued to a corporate entity, provide to the court with jurisdiction an affidavit, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the vehicle at the time of the alleged violation and who is the designated party;
(E) Contest the notice of violation by filing a written request for a court hearing to review the notice of violation in a form established by the court. The person shall file the written request not later than thirty days after receipt of the notice of violation. The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and notice of violation, and is deemed to constitute an admission of liability.
Sec. 4511.756. (A) (l) A court with iurisdiction that
S. B. No. 62 As Introduced
receives an affidavit described in division (B)(1)(a) or (D) of section 4511.755 of the Revised Code or a notification under division (C) of that section from a registered owner may proceed to notify the law enforcement agency to send a notice of violation that conforms with this section and section 4511.754 of the Revised Code to the designated party.
(2) The law enforcement agency shall send the conforming notice of violation to the designated party by ordinary mail not later than thirty days after receipt of the notification from the court.
(B)(1) If, after conducting a hearing requested under division (E) of section 4511.755 of the Revised Code, the court finds by a preponderance of the evidence that the alleged school bus violation did in fact occur and that the person named in the original or any subsequent notice of violation is the person who was operating the vehicle at the time of the violation, the court shall issue a written decision imposing liability for the violation upon the individual and submit it to the law enforcement agency and the person named in the notice of violation.
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(2) If the court finds by a preponderance of the evidence that the alleged school bus violation did not occur or did in fact occur but the person named in the original or any subsequent notice of violation is not the person who was operating the vehicle at the time of the violation, the court shall issue a written decision finding that the individual is not liable for the violation and submit it to the law enforcement agency and the person named in the notice of violation.
(3) If the person who requested the court hearing fails to
S. B. No. 62 As Introduced
appear, the court may determine that the person is liable for the violation or grant a continuance of the hearing. If the court determines that the person is liable, the court shall issue a written decision imposing liability for the violation upon the individual and submit it to the law enforcement agency and the person named in the notice of violation.
(C) The court shall charge the applicable court costs and fees for the civil action to the party that does not prevail in the action.
(D)(1) If a person liable for a school bus violation fails to pay the civil penalty or any applicable court costs and fees, the court may notify the registrar of motor vehicles.
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(2) If the registrar receives a notice from a court under division (D)(1) of this section, neither the registrar nor any deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owner or leased by the person named in the notice, until the registrar receives notice from the court that the civil penalty and any court costs and fees has been paid or dismissed.
Sec. 4511.757. (A) The civil penalty charged and collected in accordance with sections 4511.753 to 4511.757 of the Revised Code shall be paid as follows:
(1) Fifty dollars to the school bus safety fund created in section 3327.18 of the Revised Code;
(2) Two hundred fifty dollars to the entity responsible for operation of the school bus.
(B) The entity responsible for operation of the school bus shall use the proceeds it receives for school bus safety technology initiatives. As part of those initiatives, the entity
S. B. No. 62 As Introduced
may use proceeds for the purpose of defraying the costs of purchasing, installing, operating, and maintaining the school bus violation detection monitoring systems and offsetting a law enforcement agency's costs related to reviewing recorded images and issuing the notices of violation.
Sec. 4511.76. (A) The department of public safety, by and with the advice of the department of education and workforce, shall adopt and enforce rules relating to the construction, design, and equipment of all school buses both publicly and privately owned and operated in this state, including lighting rules governing both of the following:
(1) Lighting equipment required by section 4511.771 of the Revised Code, of all school buses both publicly and privately owned and operated in this state;
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(2) School bus cameras, including school bus violation detection monitoring systems, that provide an image, images, or video for purposes of recording a violation of division (A) of section 4511.75 of the Revised Code.
(B) The department of education and workforce, by and with the advice of the director of public safety, shall adopt and enforce rules relating to the operation of all vehicles used for pupil transportation.
(C) No person shall operate a vehicle used for pupil transportation within this state in violation of the rules of the department of education and workforce or the department of public safety. No person, being the owner thereof or having the supervisory responsibility therefor, shall permit the operation of a vehicle used for pupil transportation within this state in violation of the rules of the department of education and
S. B. No. 62 As Introduced
| workforce or the department of public safety. | 1230 |
| (D) The department of public safety shall adopt and | 1231 |
| enforce rules relating to the issuance of a license under | 1232 |
| section 451l.763 of the Revised Code. The rules may relate to | 1233 |
| the condition of the equipment to be operated; the liability and | 1234 |
| 1235 | |
| of satisfactory and sufficient bond; and such other rules as the | 1236 |
| director of public safety determines reasonably necessary for | 1237 |
| the safety of the pupils to be transported. | 1238 |
| (E) A chartered nonpublic school or a community school may | 1239 |
| own and operate, or contract with a vendor that supplies, a | 1240 |
| vehicle originally designed for not more than nine passengers, | 1241 |
| not including the driver, to transport students to and from | 1242 |
| regularly scheduled school sessions when one of the following | 1243 |
| applies: | 124 4 |
| (l) A student's school district of residence has declared | 1245 |
| the transportation of the student impractical pursuant to | 1246 |
| section 3327.02 of the Revised Code; | 1247 |
| (2) A student does not live within thirty minutes of the | 1248 |
| chartered nonpublic school or the community school, as | 1249 |
| applicable, and the student's school district is not required to | 1250 |
| transport the student under section 3327.01 of the Revised Code; | 1251 |
| (3) The governing authority of the chartered nonpublic | 1252 |
| 1253 | |
| transportation for its students in lieu of the students being | 1254 |
| transported by their school district of residence. | 1255 |
| (F) A school district may own and operate, or contract | 1256 |
| with a vendor that supplies, a vehicle originally designed for | 1257 |
| not more than nine passengers, not including the driver, to | 1258 |
S. B. No. 62
As Introduced
transport students to and from regularly scheduled school 1259
sessions, if both of the following apply to the operation of 1260
that vehicle: 1261
(1) The number of students to be transported is not more 1262
than nine; 1263
(2) The students attend a chartered nonpublic school or a 1264
community school, and the school district regularly transport 1265
students to that chartered nonpublic school or that community 1266
school. 1267
(G) A school district or the governing authority of a 1268
chartered nonpublic school or community school that uses a 1269
vehicle originally designed for not more than nine passengers, 1270
not including the driver, in accordance with division (E) or (F) 1271
of this section, shall ensure that all of the following apply to 1272
the operation of that vehicle: 1273
(1) A qualified mechanic inspects the vehicle not fewer 1274
than two times each year and determines that it is safe for 1275
pupil transportation; 1276
(2) The driver of the vehicle does not stop on the roadway 1277
to load or unload passengers; 1278
(3) The driver of the vehicle meets the requirements 1279
specified for a driver of a school bus or motor van under 1280
section 3327.10 of the Revised Code and any corresponding rules 1281
adopted by the department of education and workforce. 1282
Notwithstanding that section or any department rules to the 1283
contrary, the driver is not required to have a commercial 1284
driver's license but shall have a current, valid driver's 1285
license, and shall be accustomed to operating the vehicle used 1286
to transport the students; 1287
S. B. No. 62 As Introduced
(4) The driver and all passengers in the vehicle comply 1288
with the requirements of sections 4511.81 and 4513.263 of the 1289
Revised Code, as applicable. 1290
(H)(H)(1) An entity responsible for operation of a school 1291
bus may purchase, install, operate, and maintain school bus 1292
cameras, including school bus violation detection monitoring 1293
systems, on its new or currently owned and operated school 1294
buses. Alternatively, the entity may contract with a private 1295
vendor to purchase, install, operate, and maintain such cameras 1296
and systems on the school buses. 1297
(2) An entity that uses school bus violation detection 1298
monitoring systems, either on its own or through a contract with 1299
a private vendor, shall do both of the following: 1300
(a) Ensure that all of the entity's school buses with a 1301
regular transportation route are outfitted with a school bus 1302
violation detection monitoring system before commencing a civil 1303
penalty system in accordance with sections 4511.753 to 4511.757 1304
of the Revised Code; 1305
(b) Enter into a memorandum of understanding with the 1306
appropriate local law enforcement agency to ensure review of the 1307
recorded images captured by the school bus violation detection 1308
monitoring systems, reimbursement of review expenses, and 1309
appropriate enforcement support. 1310
(I) As used in this section, "vehicle used for pupil 1311
transportation" means any vehicle that is identified as such by 1312
the department of education and workforce by rule and that is 1313
subject to Chapter 3301-83 of the Administrative Code. 1314
(I) (J) Except as otherwise provided in this division, 1315
whoever violates this section is guilty of a minor misdemeanor. 1316
S. B. No. 62 As Introduced
If the offender previously has been convicted of or pleaded 1317
guilty to one or more violations of this section or section 1318
4511.63, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of 1319
the Revised Code or a municipal ordinance that is substantially 1320
similar to any of those sections, whoever violates this section 1321
is guilty of a misdemeanor of the fourth degree. 1322
Section 2. That existing sections 4503.10, 4503.102, 1323
4503.12, 4511.75, 4511.751, and 4511.76 of the Revised Code are 1324
hereby repealed. 1325
Section 3. This act shall be known as the School Bus 1326
Safety Act. 1327