2006 Ohio Revised Code - 3327.10. Qualifications of drivers.

§ 3327.10. Qualifications of drivers.
 

(A)  No person shall be employed as driver of a school bus or motor van, owned and operated by any school district or educational service center or privately owned and operated under contract with any school district or service center in this state, who has not received a certificate from the educational service center governing board in case such person is employed by a service center or by a local school district under the supervision of the service center governing board, or by the superintendent of schools, in case such person is employed by the board of a city or exempted village school district, certifying that such person is at least eighteen years of age and is of good moral character and is qualified physically and otherwise for such position. The service center governing board or the superintendent, as the case may be, shall provide for an annual physical examination that conforms with rules adopted by the state board of education of each driver to ascertain the driver's physical fitness for such employment. Any certificate may be revoked by the authority granting the same on proof that the holder has been guilty of failing to comply with division (D)(1) of this section, or upon a conviction or a guilty plea for a violation, or any other action, that results in a loss or suspension of driving rights. Failure to comply with such division may be cause for disciplinary action or termination of employment under division (C) of section 3319.081 [3319.08.1], or section 124.34 of the Revised Code. 

(B)  No person shall be employed as driver of a school bus or motor van not subject to the rules of the department of education pursuant to division (A) of this section who has not received a certificate from the school administrator or contractor certifying that such person is at least eighteen years of age, is of good moral character, and is qualified physically and otherwise for such position. Each driver shall have an annual physical examination which conforms to the state highway patrol rules, ascertaining the driver's physical fitness for such employment. The examination shall be performed by one of the following: 

(1) A person licensed under Chapter 4731. of the Revised Code or by another state to practice medicine and surgery or osteopathic medicine and surgery; 

(2) A physician assistant; 

(3) A certified nurse practitioner; 

(4) A clinical nurse specialist; 

(5) A certified nurse-midwife. 

Any written documentation of the physical examination shall be completed by the individual who performed the examination. 

Any certificate may be revoked by the authority granting the same on proof that the holder has been guilty of failing to comply with division (D)(2) of this section. 

(C)  Any person who drives a school bus or motor van must give satisfactory and sufficient bond except a driver who is an employee of a school district and who drives a bus or motor van owned by the school district. 

(D)  No person employed as driver of a school bus or motor van under this section who is convicted of a traffic violation or who has had the person's commercial driver's license suspended shall drive a school bus or motor van until the person has filed a written notice of the conviction or suspension, as follows: 

(1) If the person is employed under division (A) of this section, the person shall file the notice with the superintendent, or a person designated by the superintendent, of the school district for which the person drives a school bus or motor van as an employee or drives a privately owned and operated school bus or motor van under contract. 

(2) If employed under division (B) of this section, the person shall file the notice with the employing school administrator or contractor, or a person designated by the administrator or contractor. 

(E)  In addition to resulting in possible revocation of a certificate as authorized by divisions (A) and (B) of this section, violation of division (D) of this section is a minor misdemeanor. 
 

HISTORY: GC § 4855-7; 120 v 475(587); Bureau of Code Revision, 10-1-53; 129 v 1003 (Eff 7-19-61); 130 v 764 (Eff 10-14-63); 135 v S 1 (Eff 1-1-74); 140 v H 295 (Eff 6-28-84); 143 v H 381 (Eff 7-1-89); 146 v H 117 (Eff 9-29-95); 149 v H 94 (Eff 9-5-2001); 149 v S 245, § 1. Eff 3-31-2003; 149 v S 123, § 1, eff. 1-1-04; 151 v S 154, § 1, eff. 5-17-06.
 

The effective date is set by section 4 of S.B. 123. 

The provisions of § 5 of S.B. 123 (149 v  - ), as amended by § 3 of H.B. 163 (150 v  - ), read as follows: 

SECTION 5. (A) Notwithstanding division (B) of section 1.58 of the Revised Code, the provisions of the Revised Code amended or enacted in Sections 1 and 2 of Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in relation to conduct and offenses committed on or after January 1, 2004. Conduct and offenses committed prior to January 1, 2004, shall be governed by the law in effect on the date the conduct or offense was committed. * * * 

 

Effect of Amendments

151 v S 154, effective May 17, 2006, rewrote (B)(2) as (B)(2) through (5). 

S.B. 123, Acts 2002, effective January 1, 2004, in the introductory language of (D), deleted "or revoked" following "license suspended", and "or revocation" following "suspension"; and made minor stylistic changes.