reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-41 - Transparent, Nontransparent, Translucent, and Reflectorized Materials on Windows of Vehicles › Section 4501-41-05 - Exemptions

Current through all regulations passed and filed through July 1,
			 2024
(A) The provisions
			 of this chapter do not apply to a motor vehicle registered in this state in the
			 name of a person, or the person's parent, legal guardian, or spouse who has an
			 affidavit signed by a physician licensed to practice in this state under
			 Chapter 4731. of the Revised Code, or an affidavit signed by an optometrist
			 licensed to practice in this state under Chapter 4725. of the Revised Code,
			 that states that the person has a physical condition that makes it necessary to
			 equip such motor vehicle with sunscreening material which would be of a light
			 transmittance and/or luminous reflectance in violation of this chapter. Such
			 affidavit shall be in the possession of the person so afflicted, or the driver,
			 at all times while in the motor vehicle.
(B) The provisions of this chapter do not
			 apply to the windows to the rear of the driver in chauffeured limousines as
			 defined in rule
			 4501-41-02 of the
			 Administrative Code.
(C) The
			 provisions of this chapter do not apply to the windows to the rear of the
			 driver in those vehicles designed and used to transport corpses which include
			 hearses and other vehicles adapted for such use.
(D) The provisions of this chapter do not
			 apply to the manufacturer's tinting or glazing of motor vehicle windows or
			 windshields that is otherwise in compliance with or permitted by "Federal Motor
			 Vehicle Safety Standard Number 205" (FMVSS 205) in effect at the time of the
			 manufacture of the motor vehicle as provided in rule
			 4501-41-03 of the
			 Administrative Code. "Federal Motor Vehicle Safety Standard Number 205" (FMVSS
			 205), Code of Federal Regulations, Title 49, Part 571, can be obtained online
			 at web site
http://www.gpo.gov
.
Effective: 11/22/2014
Five Year
				Review (FYR) Dates: 09/04/2014 and
				09/04/2019
Promulgated
				Under: 119.03
Statutory
				Authority: R.C. 4513.241
Rule
				Amplifies: R.C. 4513.241
Prior
				Effective Dates: 11/17/88, 4/8/04
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-43 - Maximum Height of Bumpers › Section 4501-43-01 - Purpose

Current through all regulations passed and filed through July 1,
			 2024
This chapter is adopted pursuant to section
				4513.021 of the Revised Code
				which provides that the director of public safety shall adopt rules governing
				the maximum height of bumpers on passenger cars, multipurpose passenger
				vehicles, and some trucks and to prohibit certain other modifications of the
				body, chassis, or suspension system of a motor vehicle.
R.C. 119.032 review dates:
				03/09/2012 and
				03/09/2017
Promulgated
				Under: 119.03
Statutory Authority: R.C. 4513.021
Rule
				Amplifies: R.C. 4513.021
Prior Effective Dates: 1/16/89, 12/5/02
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-43 - Maximum Height of Bumpers › Section 4501-43-02 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
For purposes of this chapter:
(A) "Passenger car" means any motor vehicle
			 with motive power, designed for carrying ten persons or less, except a
			 multipurpose passenger vehicle or motorcycle.
(B) "Multipurpose passenger vehicle" means a
			 motor vehicle with motive power, except a motorcycle, designed to carry ten
			 persons or less, that is constructed either on a truck chassis or with special
			 features for occasional off-road operation.
(C) "Truck" means every motor vehicle, except
			 trailers and semitrailers, designed and used to carry property and having a
			 gross vehicle weight rating of ten thousand pounds or less.
(D) "Manufacturer" has the same meaning as in
			 section 4501.01 of the Revised Code.
(E) "Gross vehicle weight rating"
			 means the manufacturer's gross vehicle weight rating established for the
			 vehicle.
(F) "Body floor height"
			 means the vertical distance between top of the frame rail and the bottom of the
			 passenger compartment (cab) floor. In the event that the vehicle is a truck
			 body, floor height will be measured by the vertical distance between the
			 passenger compartment (cab) floor and the floor of the truck bed.
(G) "Bumper height" means the vertical
			 distance between the ground and the highest point of the bottom of the bumper,
			 measured when the vehicle is laden on a level surface with the vehicle tires
			 inflated to the manufacturer's recommended pressure.
(H) "Frame" means the main longitudinal
			 structural members of the chassis of the vehicle or, for vehicles with unitized
			 body construction, the lowest main longitudinal structural members of the body
			 of the vehicle.
(I) "Wheel track
			 distance" means the distance on the ground between the center of the tire tread
			 on one side of the vehicle, and the center of the tire tread on the opposite
			 side.
R.C. 119.032 review dates:
				03/09/2012 and
				03/09/2017
Promulgated
				Under: 119.03
Statutory Authority: R.C. 4513.021
Rule
				Amplifies: R.C. 4513.021
Prior Effective Dates: 1/16/89, 9/5/03
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-43 - Maximum Height of Bumpers › Section 4501-43-03 - General provisions

Current through all regulations passed and
			 filed through July 1, 2024
(A) No person shall operate upon a street or
			 highway any passenger car, multipurpose passenger vehicle, or truck registered
			 in this state that does not conform to the requirements of section
			 4513.021 of the Revised Code or
			 this chapter.
(B) No person shall
			 modify any motor vehicle registered in this state in such a manner as to cause
			 the vehicle body or chassis to come in contact with the ground, expose the fuel
			 tank to damage from collision, or cause the wheels to come in contact with the
			 body under normal operation, and no person shall disconnect any part of the
			 original suspension system of the vehicle to defeat the safe operation of that
			 system including the installation of inverted, altered or modified suspension
			 system component parts which results in elevation of the height of the vehicle
			 bumper or frame unit which is not in compliance with this chapter.
(C) No person shall operate upon a street or
			 highway any passenger car, multipurpose passenger vehicle, or truck registered
			 in this state without a bumper on the front and rear of the vehicle if such
			 vehicle was equipped with bumpers as standard equipment by the manufacturer.
(D) No person shall operate upon a
			 street or highway any passenger car, multipurpose passenger vehicle, or truck
			 registered in this state if the difference in height between the body floor and
			 the top of the frame exceeds four inches.
(E) Nothing contained in this chapter shall
			 be construed to prohibit either of the following:
(1) The installation upon a passenger car,
			 multipurpose passenger vehicle, or truck registered in this state of heavy duty
			 equipment, including shock absorbers and overload springs, as long as such
			 equipment does not cause the vehicle to be in violation of this chapter;
(2) The operation on a street or
			 highway of a passenger car, multipurpose passenger vehicle, or truck registered
			 in this state with normal wear to the suspension system if the normal wear does
			 not adversely affect the control of the vehicle.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-43 - Maximum Height of Bumpers › Section 4501-43-04 - Specifications

Current through all regulations passed and filed through July 1,
			 2024
(A) The horizontal
			 bumper shall be at least 4.5 inches in vertical height, centered on the
			 vehicle's centerline, and extend no less than the width of the respective wheel
			 track distances. Bumpers shall be horizontal load-bearing bumpers and attached
			 to the vehicle frame to effectively transfer impact when engaged.
(B) Maximum bumper heights shall be
			 determined by the type of vehicle at time of manufacture. If other than a
			 passenger vehicle, the maximum bumper height shall be determined by the gross
			 vehicle weight rating (GVWR) at the time of manufacture. The height shall be
			 measured in terms of the vertical distance between the ground and the bottom of
			 the bumper. Maximum bumper heights are as follows:
Bumper Height FRONT REAR
Passenger vehicles 22 inches 22 inches
All other vehicles
4,500 lbs. and under GVWR 24 inches 26 inches
4,501 lbs. to 7,500 lbs. GVWR 27 inches 29 inches
7,501 lbs. to 10,000 lbs. GVWR 28 inches 31 inches
(C) If the body and/or truck bed
			 height is altered, the difference in height between the body floor and/or the
			 truck bed floor to the top of the frame rail shall not exceed four inches.
(D) For any vehicle with bumpers
			 or attaching components which have been modified or altered from the original
			 manufacturer's design in order to conform with the maximum bumper requirements
			 of this rule, the bumper height shall be measured from a level surface to the
			 bottom of the vehicle frame rail at the most forward and rearward points of the
			 frame rail.
Frame Rail Height if bumper modified or altered Front Rear
Passenger vehicles 22 inches 22 inches
All other vehicles
4,500 lbs. and under GVWR 24 inches 26 inches
4,501 lbs. to 7,500 GVWR 27 inches 29 inches
7,501 lbs. to 10,000 lbs. GVWR 28 inches 31 inches
(E) The height restriction in this
			 rule applies to the distance from the ground to the bottom of the frame rail
			 under any one or more of the following conditions:
(1) A motor vehicle is not equipped with a
			 front and rear bumper.
(2) The
			 bumper height relative to the frame rails has been altered.
(3) A supplemental bumper has been installed
			 or an addition to the original or replacement has been made.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-01 - Definitions

Current through all regulations passed and filed through July 1,
			 2024
(A) "Days" means
			 calendar day.
(B) "Department"
			 means the department of public safety.
(C) "Director" means the director of the
			 department of public safety or a designee.
(D) "Director of Health" means the director
			 of the department of health or a designee.
(E)
								"Disqualifying
			 offense" means a conviction, judicial finding of guilt, or a plea of guilty to
			 a criminal offense listed in paragraph (C)(10) of rule 4501-45-05 of the
			 Administrative Code. This includes a conviction or plea of guilty to attempt,
			 conspiracy, or complicity related to these offenses.
(F)
								"Failed retest"
			 means a retest or rolling retest in which an ignition interlock device has
			 determined that the offender's deep-lung breath sample indicates the presence
			 of alcohol in the offender's breath in a concentration that would have been
			 sufficient to prevent the ignition interlock device from allowing the motor
			 vehicle to be started.
(G) "Ignition interlock
			 device" means a device approved by the director of public safety that connects
			 a breath analyzer to a motor vehicle's ignition system, that is constantly
			 available to monitor the concentration  of alcohol in 
								a
								person's breath in
			 grams of alcohol per two hundred ten liters attempting to start the motor
			 vehicle by using its ignition system, and that 
								prevents
			 starting the motor vehicle by use of its ignition system unless the person
			 attempting to start the vehicle provides an appropriate breath sample for the
			 device and the device determines that the concentration by weight of alcohol in
			 the person's breath is below 
								the
								
								set point
								
								listed in paragraph
			 (D)(1)(a)(iii) of rule 4501-45-04 of the Administrative Code.
(H)
			 "Ignition interlock device violation" means that a certified ignition interlock
			 device indicates that it has prevented an offender from starting a motor
			 vehicle because of either of the following:
(1) The device was tampered with or
			 circumvented;
(2) The analysis of
			 the deep-lung breath sample or other method employed by the ignition interlock
			 device to measure the concentration by weight of alcohol in the offender's
			 breath indicated the presence of alcohol in the offender's breath in a
			 concentration sufficient to prevent the ignition interlock device from
			 permitting the motor vehicle to be started.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-03 - Licensing requirements for manufacturers of ignition interlock devices

Current through all regulations passed and filed through July 1,
			 2024
(A) A manufacturer
			 of an ignition interlock device that intends to lease, sell, or otherwise use
			 its ignition interlock device(s) in this state shall annually obtain first a
			 license from the department, and then certification from the director for each
			 ignition interlock device model or type that differ in any aspect.
(B) A manufacturer of an ignition interlock
			 device may not be eligible for a license if any of the manufacturer's owner(s),
			 officers, partners, agents, employees, contractors, or installers
								is an employee, or
			 immediate family member of an employee, of the department or the department of
			 health.
(C)
								A manufacturer of
			 an ignition interlock device shall not be eligible for licensing if the
			 manufacturer, including, but not limited to the agents, employees, contractors,
			 or installer(s), who work in Ohio, has plead guilty to, or been convicted of,
			 any disqualifying offense in paragraphs (C)(10)(a) to (C)(10)(d) of rule
			 4501-45-05 of the Administrative
			 Code.
A manufacturer of an ignition interlock
				device may not be eligible for licensing if the manufacturer, including, but
				not limited to, the agents, employees, contractors, or installer(s), who work
				in Ohio, has plead guilty to, or been convicted of, any disqualifying offense
				in paragraphs (C)(10)(e) to (C)(10)(t) of rule
				4501-45-05 of the Administrative
				Code.
(D) A manufacturer
			  shall
			 submit an "Ignition Interlock Manufacturer Application
			 for Licensing"
								for first-time and
								 renewal of an
			 ignition interlock device.
								Beginning January 1, 2024
								renewal applications shall be submitted to the
			 department between October first and December
			 thirtieth each year.
(1) A manufacturer
			 of an ignition interlock device shall file with the department a complete,
			 original or renewal application for licensing, together with all documents
			 required by the application, and the rules of this chapter.
(2) At the time a manufacturer of an ignition
			 interlock device files its original or renewal application for licensing with
			 the department, and all required documents, the manufacturer shall pay a
			 licensing fee of one hundred dollars, in the form of a check or money order,
			 payable to the treasurer of the state of Ohio. The licensing fee is
			 non-refundable.
(3) The department
			 has
			 the authority to request a computerized criminal history for any person
			 identified in the manufacturer's application for licensing or any person
			 identified in any documents filed with the application. The manufacturer
			 pays
			 all costs for the computerized criminal history.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-06 - Appeals

Current through all regulations passed and filed through July 1,
			 2024
A manufacturer may appeal the department's proposed denial,
				suspension, revocation, or fine of any license or certification to the
				director. The manufacturer shall serve the director with its notice of
				appeal
								by electronic mail, with acknowledged receipt,
				not later than fourteen days after the date stated on the department's written
				proposal to deny, revoke, suspend, or fine. If the manufacturer fails to timely
				file its notice of appeal within the fourteen-day time period, the
				department's proposed action shall become final.
The director shall appoint a hearing officer to preside over
				the hearing. The hearing officer shall schedule a hearing on the matter not
				later than thirty days after the date the director was served with the
				manufacturer's notice of appeal. The hearing officer may postpone or continue
				the hearing at the written request of the manufacturer, the director, or upon
				his/her own motion.
Following the hearing, the hearing officer shall prepare a
				written report setting forth findings of fact, conclusions of law, and a
				recommendation whether the director should uphold or reverse the department's
				proposed action. The manufacturer shall be served with a copy of the hearing
				officer's written report by certified mail, return receipt.
If the director upholds the department's proposed action, the
				manufacturer may file an appeal 
								in the common pleas
				court of the county in which the place of business of the manufacturer is
				located. If the manufacturer does not have a place of business in this state,
				the party shall appeal to the court of common pleas of Franklin county.
				The manufacturer shall file its notice of appeal with the court and the
				director not later than fifteen days after the issuance of the director's
				order.
If a manufacturer's license and/or a manufacturer's
				certification(s) is suspended or revoked, the director shall remove the
				manufacturer's name, business address, contact information, and certified
				device(s) from the department's list of licensed manufacturers of ignition
				interlock devices and certified devices published on the department's website
				as listed in paragraph (F) of rule
				4501-45-11 of the Administrative
				Code.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-07 - Penalties for failure to timely file an annual report and/or pay the annual report fee

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The director may charge a penalty against a manufacturer who fails to timely
			 file an accurate annual report and/or pay the total annual report fee due,
			 within the time period set forth in paragraph (F) of rule
			 4501-45-03 of the Administrative
			 Code. The director shall charge a separate penalty against the manufacturer for
			 each violation.
(1) A manufacturer who fails
			 to timely file an accurate annual report shall be charged a penalty in an
			 amount not exceeding the greater of fifty dollars or ten per cent of the total
			 annual report fee due. If the manufacturer fails to file an accurate annual
			 report within sixty days following the date the annual report was due, the
			 manufacturer may be subject to an assessment set forth in rule
			 4501-45-08 of the Administrative
			 Code.
(2) A manufacturer who fails
			 to timely pay the total annual report fee due shall be charged a penalty in an
			 amount not exceeding the greater of fifty dollars or ten percent of the total
			 annual report fee due. If the manufacturer fails to pay its total annual report
			 fee within sixty days following the date the annual report fee was due, the
			 manufacturer may be subject to an assessment set forth in rule
			 4501-45-08 of the Administrative
			 Code.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-08 - Assessments for failure to file accurate annual report and/or pay total annual report fee

Current through all regulations passed and filed
			 through July 1, 2024
(A)
			 The director may make an assessment against a manufacturer who fails to file an
			 accurate annual report, and/or pay the total annual report fee due, as set
			 forth in division (B) of section
			 4510.45 of the Revised Code,
			 within sixty days following the time period set forth in paragraph (F) of rule
			 4501-45-03 of the Administrative
			 Code. The director may make a separate assessment against the manufacturer for
			 each violation.
(1) If a manufacturer fails to
			 file an accurate annual report within sixty days following the time period set
			 forth in paragraph (F) of rule
			 4501-45-03 of the Administrative
			 Code, the manufacturer may be assessed fifty dollars per day from the date its
			 annual report was due to be filed, up to an including the date the manufacturer
			 files its annual report with the department. This assessment shall not exceed
			 three thousand dollars.
(2) If a
			 manufacturer fails to pay the total annual report fee within sixty days
			 following the time period set forth in paragraph (F) of rule
			 4501-45-03 of the Administrative
			 Code, the manufacturer may be assessed fifty dollars per day from the date its
			 annual report fee was due to be paid, up to and including the date the
			 manufacturer pays its annual report fee to the department. This assessment
			 shall not exceed three thousand dollars.
(3) If the director possesses information, at
			 any time, that indicates the correct total annual report fee due exceeds the
			 amount the manufacturer paid, the director may audit the manufacturer's records
			 to ascertain the correct total annual report fee due. Based upon the audit, the
			 manufacturer shall be required to pay the difference found to be due, and in
			 addition, the director may issue an assessment against the manufacturer of
			 fifteen per cent of that difference. This assessment shall be separate from any
			 assessment(s) imposed pursuant to paragraphs (A)(1) and (A)(2) of this
			 rule.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-09 - Warning labels for certified immobilizing or disabling devices

Current through all regulations passed and filed through July 1,
			 2024
(A) A warning label
			 shall be affixed to each certified immobilizing or disabling device, including
			 an ignition interlock device, upon installation in a motor vehicle
			 in accordance with section
			 4510.43 of the Revised
			 Code.
(B) The
			 warning label shall be conspicuously affixed to each certified immobilizing or
			 disabling device, including an ignition interlock device.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-10 - Audits and inspections

Current through all regulations passed and
			 filed through July 1, 2024
(A) Each manufacturer, including all
			 installation sites, shall be subject to unannounced audits and inspections by
			 the department for the purpose of inspecting the facilities, all immobilizing
			 or disabling devices including certified ignition interlock devices, and all
			 records pertaining to the installation, removal
			 and monitoring of each device. Each manufacturer and installer shall maintain
			 documentation in an accessible location, and promptly provide documentation to
			 the department for review during any onsite inspection. Documentation that is
			 not maintained at the location of the department's audit or inspection shall be
			 provided to the department within five days of the department's
			 request.
(B) For any offsite
			 review, each manufacturer and installer shall provide all records requested by
			 the department within fifteen days of the request.
(C) The manufacturer is responsible for
			 maintaining complete and accurate records, which includes but is not limited
			 to, the following:
(1) A copy of the
			 certificate affirming ignition interlock device
			 installation or removal of the ignition
			 interlock device;
(2) Documentation of each contact with an
			 offender that includes information on installation, removal, monitoring check results, and reporting of
			 any violations to the court;
(3)
			 Fees charged to indigent offenders;
(4) Criminal background checks.
(5)
									Documentation of
			 total ignition interlock devices in use in Ohio at any given time and number of
			 devices installed in any calendar year.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-45 - Ignition Interlock Devices › Section 4501-45-11 - Incorporated by reference

Current through all regulations passed
			 and filed through July 1, 2024
Incorporated by reference. This chapter includes material that
				has been incorporated by reference. If the material is subject to change, only
				the specific version listed in this rule is incorporated. Any revision to the
				referenced material is not incorporated unless and until this rule has been
				amended to specify the new date.
(A)
			 "ISO 17025" (May 2005) International Organization for Standardization. These
			 documents are available for purchase at
www.iso.org
. ISO documents are also generally
			 available at local public libraries and "The State Library of Ohio."
(B) "Application for Certification for
			 Immobilizing or Disabling Devices other than ignition Interlock Devices"
			 (
								August 2023, form OTS 0027) is made available to
			 ignition interlock manufacturers and may be accessed via the Ohio department of
			 public safety website at
https://publicsafety.ohio.gov/static/OTS0027.pdf
.
(C) "Ignition Interlock Manufacturer
			 Application for Licensing" 
								(October 2019), form OTS 0030 is made available
			 to ignition interlock manufacturers and may be accessed via the Ohio department
			 of public safety website at
https://publicsafety.ohio.gov/static/OTS0030.pdf
.
(D) "Ignition Interlock Manufacturer
			 Application for Certification" (October 2019), form OTS 0029 is
			 made available to ignition interlock manufacturers and may be accessed via the
			 Ohio department of public safety website at
https://publicsafety.ohio.gov/static/OTS0029.pdf
.
(E) "Ignition Interlock Licensing,
			 Certification, and Annual Report Payment Processing" (October
			 2019), form OTS 0028 is made available to ignition interlock
			 manufacturers and may be accessed via the Ohio department of public safety
			 website at
https://publicsafety.ohio.gov/static/OTS0028.pdf
.
(F) "IGNITION INTERLOCK DEVICES CERTIFIED FOR
			 USE IN OHIO" is made available and may be accessed via the Ohio department of
			 public safety website at
https://publicsafety.ohio.gov/what-we-do/our-programs/ohio-traffic-safety-office-sa/interlock-devices
.
(G) "Certification Affirming Installation of
			 an Ignition Interlock Device" (June 2022), form OTS 0026 is
			 made available and may be accessed via the Ohio department of public safety
			 website at
https://publicsafety.ohio.gov/static/OTS0026.pdf
.
(H)
								"Ohio Ignition Interlock Service Center
			 Applications/Removals/Updates" (April 2019), form OTS 0023 is made available to
			 ignition interlock manufacturers and may be accessed via the Ohio department of
			 public safety website at
https://publicsafety.ohio.gov/static/OTS0023.pdf
.
(I)
								"Certificate Affirming Removal of an Ignition Interlock
			 Device" (June 2022), form OTS 0022, is made available and may be accessed via
			 the Ohio department of public safety website at
https://publicsafety.ohio.gov/static/OTS0022.pdf
.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-01 - Definitions and general provisions

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								 Materials
			 incorporated by reference:
(1)
									 "Application for Certification of Commercial Driver
			 License Third Party Examiner," form "BMV5812," (February, 2015) may be obtained
			 by writing to the "Ohio Bureau of Motor Vehicles, 1970 West Broad Street,
			 Columbus, Ohio 43223" or at
http://www.bmv.ohio.gov
.
(2)
									 "Application for Certification of Commercial Driver
			 License Third Party Tester," form "BMV5811," (February, 2015) may be obtained
			 by writing to the "Ohio Bureau of Motor Vehicles, 1970 West Broad Street,
			 Columbus, Ohio 43223" or at
http://www.bmv.ohio.gov
.
(3)
									 Code of Federal Regulations (C.F.R.) provisions may be
			 obtained by writing to "U.S. Government Printing Office, 400 7th Street SW,
			 Washington D.C. 20590" or at
http://www.ecfr.gov
.
			 Chapter 4501-47 of the Administrative Code incorporates the following C.F.R.
			 provisions:
(a)
										
											49 C.F.R.
			 383.75 (March 25, 2013);
(b)
										
											49
			 C.F.R. 383.77 (May 9, 2011);
(c)
										
											49
			 C.F.R. 383.3 (September 24,
			 2013).
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-05 - Third-party testing facility

Current through all regulations
			 passed and filed through July 1, 2024
(A) All third-party testing
			 
								facilities shall be open to the general public to
			 conduct tests for a minimum of forty hours per week, unless authorized by the
			 department to conduct testing for fewer than forty hours per week. There is not
			 a maximum number of hours of operation unless specifically determined by the
			 department, based upon an inspection of the facility.
(B) Each third-party testing facility and
			 test route shall be physically inspected by the department or its
			 representatives prior to receipt of authorization as a third-party
			 testing
			 facility. The skills test area of the testing facility must be of
			 sufficient size to conduct all required CDL skills tests as determined by the
			 director.
(C) The facility
			 structure shall be in good condition and in compliance with all applicable
			 provisions of state law and local ordinances.
(D) Each third-party tester shall maintain or
			 provide immediate access to test records at the testing facility where the
			 pretrip inspection and basic controls portion of the skills test is given. A
			 copy of the most recent rental or lease agreement or deed for the property
			 shall be kept on file with the site records and be made available to the
			 department upon request.
(E) Each
			 third-party testing facility shall maintain a personal computer with internet
			 access for reporting test results to, and accessing test records from the
			 department via the world wide web. It shall be the responsibility of the
			 third-party tester to ensure that its computer system and internet access are
			 sufficient to meet department requirements.
(F) No third-party tester may share any
			 office space or skills test area with any other third-party tester, any driver
			 training school or enterprise, or any commercial motor carrier or commercial
			 bus company.
(G) No third-party
			 tester, or its owners, employees, facility manager, or examiners, or any entity
			 affiliated with such persons or the third-party tester, may provide training of
			 any type unless that person or entity is also a driver training school licensed
			 pursuant to Chapter 4508. of the Revised Code.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-06 - Skills test administration

Current through all regulations passed
			 and filed through July 1, 2024
(A) All skills tests conducted by third-party
			 testers shall be performed strictly in accordance with the requirements of the
			 department as presented in this chapter, the third-party tester agreement, and
			 any current test instructions provided by the department. Such instructions may
			 include information on skills test content, route selection or revision, test
			 forms, examiner procedures and administrative procedures and/or
			 changes.
(B) Skills tests shall be
			 conducted:
(1) On test routes approved by the
			 department;
(2) In a
			 vehicle that is representative of the class and type of vehicle for which the
			 commercial driver's license applicant seeks to be licensed and for which the
			 third-party examiner is qualified to test;
(3) Using forms, scoring, and test content as
			 provided or authorized by the department.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-07 - Advertising

Current through all regulations passed and filed through July 1,
			 2024
(A) No third-party
			 tester shall advertise or indicate in any way that a program can issue or
			 guarantee the issuance of a commercial driver's license, or imply that the
			 program can in any way influence the department in the issuance of commercial
			 driver's licenses, or imply that preferential or advantageous treatment from
			 the department can be obtained.
(B) Programs that are in fact licensed by the
			 department may in their advertising state that they are "authorized testers"
			 but shall not indicate that a program is approved, sanctioned, or in any other
			 way endorsed by the department over another program.
(C) No individual, association, partnership,
			 or corporation shall advertise in any manner that it is or is going to be an
			 authorized third-party tester prior to being certified by the department.
(D) No third-party tester may
			 advertise any information concerning applicant test scores or pass/fail rates
			 of skills tests.
R.C. 119.032 review dates:
				03/09/2010 and
				03/09/2015
Promulgated
				Under: 119.03
Statutory Authority: R.C. 4506.09
Rule
				Amplifies: R.C. 4506.09
Prior Effective Dates: 10/2/89 (Emer.),
				12/18/89
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-08 - Records

Current through all regulations passed and filed through July 1,
			 2024
(A) Each
			 third-party tester shall be required to maintain at each approved third-party
			 testing location, for a minimum of two years, a record of each driver whom the
			 third-party tester gives a skills test, whether or not the driver passes or
			 fails the test. Each such record shall include:
(1) The complete name and address of the
			 driver;
(2) The date that the
			 driver took the skills test;
(3)
			 The test score sheet(s) showing the results of the skills test;
(4) The name and identification number of the
			 third-party examiner conducting the skills test;
(5) The record of all receipts and
			 disbursements;
(6) The make, model
			 and registration number of the commercial motor vehicle(s) used to conduct the
			 testing; and
(7) The written
			 contract (copy), if applicable, with any person or group of persons being
			 tested, including amount of payment.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-09 - Character

Current through all regulations passed and filed through July 1,
			 2024
(A) Every examiner,
			 employee, or agent of the third-party tester participating in the testing
			 program shall be of good character and reputation.
(B) The conviction of an examiner, manager or
			 owner of a third-party testing facility of any of the following shall be
			 grounds to withhold issuing certification or grounds for terminating a
			 third-party tester agreement:
(1) A
			 conviction of a felony as defined in the Revised Code,
(2) A conviction of a misdemeanor I or II as
			 defined in the Revised Code,
(3) A
			 conviction of a felony or equivalent conviction under the laws of another
			 jurisdiction, or
(4) A conviction
			 of a misdemeanor I or II or equivalent conviction under the laws of another
			 jurisdiction.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-10 - Fees

Current through all regulations passed and filed through July 1,
			 2024
(A) A third-party
			 tester authorized by the department to conduct skills tests shall not charge
			 any applicant for a commercial driver's license skills test more than the
			 amount specified in division (B) of section
			 4506.09 of the Ohio Revised Code
			 for each skills test given.
(B) If
			 a third-party tester provides a commercial motor vehicle to an applicant for
			 use in performing a skills test, it may establish its own fee for rental of the
			 vehicle as follows:
(1) A fee for use of a
			 rental vehicle shall be a reasonable fee related to the actual cost incurred by
			 the tester in providing the vehicle for use.
(2) A fee for use of a rental vehicle shall
			 be included in a rental contract with an applicant and a copy of such rental
			 contract shall be provided to the applicant.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-11 - Termination of third-party testing agreement

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates and availability of
				material incorporated by reference in this rule, see paragraph (A) of rule
				4501-47-01
				of the Administrative Code.]
(A)
			 The department reserves the right to cancel the third-party testing agreement
			 in its entirety as required by
			 49 C.F.R.
			 383.75.
(B) The department shall terminate the
			 agreement of a third-party tester upon the following grounds:
(1) Failure to comply with or satisfy any of
			 the provisions of this chapter, the department's instructions or the
			 third-party tester agreement;
(2)
			 Falsification of any records or information relating to the third-party testing
			 program;
(3) Commission of any act
			 which compromises the integrity of the third-party program; and
(4) For third-party examiner driver's license
			 suspension, revocation, recall, disqualification or commission of an offense
			 proscribed by rules
			 4501-47-03,
			 4501-47-04, and 4501-47-09 of the Administrative
			 Code.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-12 - Insurance and bond requirements

Current through all regulations
			 passed and filed through July 1, 2024
(A) It is the responsibility of the
			 third-party tester to provide and maintain evidence of insurance coverage for
			 every vehicle it provides for driver skills testing as well as coverage for the
			 commercial driver's license applicants using the vehicles to take the skills
			 test.
(B) If a third-party tester
			 provides vehicle for rental, it shall include the state of Ohio, department of
			 public safety, as an additional named insured on their certificate of insurance
			 and shall file a copy of the certificate of insurance with the department. The
			 certificate of insurance shall stipulate that the director shall be notified
			 ten days before the policy expires, or if it is cancelled or is not maintained
			 in full force.
(C) The insurance
			 shall be provided by an insurance company licensed to do business within this
			 state, in the amount of at least:
(1) One
			 million dollars for bodily injury or death of any one person in any one crash
			 or collision;
(2) One million
			 dollars because of bodily injury or death of two or more persons in any one
			 crash or collision;
(3) Fifty
			 thousand dollars because of destruction of property in any one crash or
			 collision.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-13 - Authority of Ohio highway patrol and the department of public safety to investigate, evaluate and conduct inspections

Current through all
			 regulations passed and filed through July 1, 2024
(A) Upon the request of the director, the
			 Ohio highway patrol or the department shall
			 conduct investigations into any acts by the third-party tester or examiner
			 alleged to be in violation of this chapter, of the testing instructions, or the
			 third-party tester agreement.
(B)
			 The department shall conduct ongoing evaluations of the
			 operation of third-party testing programs and shall regulate the third-party
			 testing programs .
(C) The
			  department 
								shall conduct on-site inspections, scheduled and
			 random retesting of commercial driver license applicants, and audits of records
			 and procedures.
(D) The third-party
			 testers and examiners shall provide assistance to the Ohio highway patrol, and
			 other representatives of the department in the performance of these
			 matters.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-14 - Termination of third-party examiners

Current through all regulations
			 passed and filed through July 1, 2024
[Comment: For dates and availability of
				material incorporated by reference in this rule, see paragraph (A) of rule
				4501-47-01
				of the Administrative Code.]
(A)
			 Upon notification that a third-party examiner is ineligible to remain certified
			 by the department because of a violation of the requirements of this chapter or
			 because of other termination of employment, the third-party tester shall
			 immediately notify the department. The third-party examiner's certificate of
			 authorization shall be returned to the department immediately and the tester
			 shall prohibit the examiner from performing further skills test
			 instruction.
(B) If the third-party
			 tester needs to replace the examiner, it may submit an
			 "Application for Certification of Commercial Driver License
			 Third Party Examiner" for a new third-party examiner.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-15 - Third-party testing by the department of education

Current through
			 all regulations passed and filed through July 1, 2024
(A) The director shall enter into an
			 agreement with the department of education authorizing the skills test
			 specified in this rule to be administered by the department for purposes of
			 training and testing school bus drivers, provided that the agreement requires
			 that the department of education comply with the following:
(1) Allows the director or his
			 or her representatives and the federal motor
			 carrier safety administration or its representatives to conduct random
			 examinations, inspections and audits of its test facilities without prior
			 notice.
(2) Requires that all
			 examiners of the department of education meet the same qualifications and
			 training standards as examiners of the department to the extent necessary to
			 administer skills tests for a commercial driver's license with a school bus
			 endorsement.
(3) For purposes of
			 complying with the requirements of this chapter, the Ohio highway patrol will
			 establish instructions for training and testing required for the department of
			 education.
Ohio Administrative Code › Title 4501 - Department of Public Safety - Administration and Director › Chapter 4501-47 - Commercial Driver's License › Section 4501-47-16 - Military waiver of commercial driver's license skills test

Current through all regulations passed and filed through July 1,
			 2024
[Comment: For dates and availability of
				material incorporated by reference in this rule, see paragraph (A) of rule
				4501-47-01
				of the Administrative Code.]
(A)
			 The registrar of motor vehicles shall waive the skills test for any applicant
			 for a commercial driver's license (CDL) who meets all of the following
			 requirements:
(1)
									Meets the exemptions provided in
			 49
			 C.F.R. 383.3(c) as active
			 duty military personnel; members of the military reserves; members of the
			 national guard on active duty, including personnel on full-time national guard
			 duty, personnel on part-time national guard training, and national guard
			 military technicians (civilians who are required to wear military uniforms);
			 and active duty U.S. coast guard personnel. This exception is not applicable to
			 U.S. reserve technicians.
(2) Certifies that, during the two-year
			 period immediately preceding application for a commercial driver's license, all
			 of the following apply:
(a) The applicant has
			 not had more than one license, excluding any military license;
(b) The applicant has not had any license
			 suspended, revoked, or canceled;
(c) The applicant has not had any convictions
			 for any type of motor vehicle for the offenses for which disqualification is
			 prescribed in section
			 4506.16 of the Revised
			 Code;
(d) The applicant has not had
			 more than one conviction for any type of motor vehicle for a serious traffic
			 violation; and,
(e) The applicant
			 has not had any violation of a state or local law relating to motor vehicle
			 traffic control other than a parking violation arising in connection with any
			 traffic accident and has no record of an accident in which the applicant was at
			 fault.
(3) The applicant
			 shall certify and also provide evidence of all of the following:
(a) That the applicant is or was regularly
			 employed in a military position requiring operation of a commercial motor
			 vehicle. In additional to the applicant's own certification, the applicant
			 shall provide evidence from the applicant's commanding officer or other
			 appropriate military official certifying the applicant's experience operating a
			 commercial motor vehicle and the type of commercial motor vehicle the applicant
			 operated;
(b) That the applicant
			 was exempt from the requirements of Chapter 4506. under division (B)(6) of
			 section 4506.03 of the Revised Code;
			 and,
(c) That, for at least two
			 years immediately preceding the date of application or at least two years
			 immediately preceding the date the applicant separated from military service or
			 employment, the applicant regularly operated a vehicle representative of the
			 commercial motor vehicle type that the applicant operates or expects to
			 operate.