Ohio Code 4506.06 – Issuance of temporary instruction permit
(A) The registrar of motor vehicles, upon receiving an application for a commercial driver‘s license temporary instruction permit, may issue the permit to any person who is at least eighteen years of age and holds a valid driver’s license, other than a restricted license, issued under Chapter 4507 of the Revised Code. The registrar shall not issue a commercial driver’s license temporary instruction permit for a period exceeding twelve months. A commercial driver’s license temporary instruction permit is a prerequisite for the following:
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 4506.06
- 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
- Disqualification: means any of the following:
(1) The suspension, revocation, or cancellation of a person's privileges to operate a commercial motor vehicle;
(2) Any withdrawal of a person's privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;
(3) A determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Serious traffic violation: means any of the following:
(1) A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of section 4506. See Ohio Code 4506.01
- State: means a state of the United States and includes the District of Columbia. See Ohio Code 4506.01
- United States: means the fifty states and the District of Columbia. See Ohio Code 4506.01
- Upgrade: means a change in the class of vehicles, endorsements, or self-certified status as described in division (A)(1) of section 4506. 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) An initial issuance of a commercial driver’s license when a skills test is required;
(2) An upgrade of a commercial driver’s license when a skills test is required.
(B) The holder of a commercial driver’s license temporary instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle only when the holder has the permit in the holder’s actual possession and is accompanied by a person who:
(1) Holds a valid commercial driver’s license and all necessary endorsements for the type of vehicle being driven;
(2) Occupies a seat beside the permit holder for the purpose of giving instruction in driving the motor vehicle; and
(3) Has the permit holder under observation and direct supervision.
(C)(1) The director of public safety shall adopt rules, in accordance with Chapter 119 of the Revised Code, authorizing the waiver of the knowledge test that is generally required in order to obtain a commercial driver’s license temporary instruction permit. In order to obtain the waiver, an applicant for a commercial driver’s license temporary instruction permit shall certify and provide evidence that, during the one-year period immediately preceding the application for the permit, all of the following apply:
(a) As authorized under 49 C.F.R. § 383.77, the applicant is or was regularly employed and designated as one of the following:
(i) A motor transport operator – 88M, army;
(ii) A PATRIOT launching station operator – 14T, army;
(iii) A fueler – 92F, army;
(iv) A vehicle operator – 2T1, air force;
(v) A fueler – 2F0, air force;
(vi) A pavement and construction equipment operator – 3E2, air force;
(vii) A motor vehicle operator – 3531, marine corps;
(viii) An equipment operator – E.O., navy.
(b) The applicant has been operating a vehicle representative of the type of commercial motor vehicle that the applicant expects to operate upon separation from the military or operated such a vehicle immediately preceding such separation.
(c) The applicant has not held more than one license simultaneously, excluding any military license.
(d) The applicant has not had any license suspended, revoked, or canceled.
(e) 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.
(f) The applicant has not had more than one conviction, for any type of motor vehicle, for a serious traffic violation.
(g) The applicant has not had any violation of a military, 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.
(2) The waiver established under division (C) of this section does not apply to a United States reserve technician.
(D) Whoever violates division (A) or (B) of this section is guilty of a misdemeanor of the first degree.
Last updated October 6, 2023 at 12:15 PM