Ohio Code 4506.03 – Commercial driver’s license or temporary instruction permit requirements
(A) Except as provided in divisions (B) and (C) of this section, the following shall apply:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 4506.03
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- commercial motor vehicle: means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
(1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-six thousand one pounds or more;
(3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;
(4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C. See Ohio Code 4506.01
- Drive: means to drive, operate, or be in physical control of a motor vehicle. See Ohio Code 4506.01
- Driver: means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license. See Ohio Code 4506.01
- Eligible unit of local government: means a village, township, or county that has a population of not more than three thousand persons according to the most recent federal census. See Ohio Code 4506.01
- Farm truck: means a truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than one hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this division and is not used in the operations of a motor carrier, as defined in section 4923. See Ohio Code 4506.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. See Ohio Code 4506.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Personal property: All property that is not real property.
- Recreational vehicle: includes every vehicle that is defined as a recreational vehicle in section 4501. See Ohio Code 4506.01
- Rule: includes regulation. See Ohio Code 1.59
- State: means a state of the United States and includes the District of Columbia. See Ohio Code 4506.01
- Tester: means a person or entity acting pursuant to a valid agreement entered into pursuant to division (B) of section 4506. See Ohio Code 4506.01
- United States: means the fifty states and the District of Columbia. See Ohio Code 4506.01
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) No person shall drive a commercial motor vehicle on a highway in this state unless the person holds, and has in the person’s possession, any of the following:
(a) A valid commercial driver‘s license with proper endorsements for the motor vehicle being driven, issued by the registrar of motor vehicles or by another jurisdiction recognized by this state;
(b) A valid examiner’s commercial driving permit issued under section 4506.13 of the Revised Code;
(c) A valid restricted commercial driver’s license and waiver for farm-related service industries issued under section 4506.24 of the Revised Code;
(d) A valid commercial driver’s license temporary instruction permit issued by the registrar, provided that the person is accompanied by an authorized state driver’s license examiner or tester or a person who has been issued and has in the person’s immediate possession a current, valid commercial driver’s license and who meets the requirements of division (B) of section 4506.06 of the Revised Code.
(2) No person’s commercial driver’s license temporary instruction permit shall be upgraded, and no commercial driver’s license shall be upgraded, renewed, or issued to a person until the person surrenders to the registrar of motor vehicles all valid licenses and permits issued to the person by this state or by another jurisdiction recognized by this state. If the license or permit was issued by any other state or another jurisdiction recognized by this state, the registrar shall report the surrender of a license or permit to the issuing authority, together with information that a license or permit is now issued in this state. The registrar shall destroy any such license or permit that is not returned to the issuing authority.
(3) No person who has been a resident of this state for thirty days or longer shall drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction.
(B) Nothing in division (A) of this section applies to any qualified person when engaged in the operation of any of the following:
(1) A farm truck;
(2) Fire equipment for a fire department, volunteer or nonvolunteer fire company, fire district, joint fire district, or the state fire marshal;
(3) A public safety vehicle used to provide transportation or emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an eligible unit of local government, if the person is employed by the eligible unit of local government and is operating the commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, but only if either the employee who holds a commercial driver’s license issued under this chapter and ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle, or the employing eligible unit of local government determines that a snow or ice emergency exists that requires additional assistance;
(6) A vehicle operated for military purposes by any member or uniformed employee of the armed forces of the United States or their reserve components, including the Ohio national guard. This exception does not apply to United States reserve technicians.
(7) A commercial motor vehicle that is operated for nonbusiness purposes. “Operated for nonbusiness purposes” means that the commercial motor vehicle is not used in commerce as “commerce” is defined in 49 C.F.R. § 383.5, as amended, and is not regulated by the public utilities commission pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.
(8) A motor vehicle that is designed primarily for the transportation of goods and not persons, while that motor vehicle is being used for the occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;
(9) A police SWAT team vehicle;
(10) A police vehicle used to transport prisoners.
(C) Nothing contained in division (B)(5) of this section shall be construed as preempting or superseding any law, rule, or regulation of this state concerning the safe operation of commercial motor vehicles.
(D) Whoever violates this section is guilty of a misdemeanor of the first degree.