2006 Ohio Revised Code - 4506.10. Driver to be physically qualified; medical examination; restrictions on license.

§ 4506.10. Driver to be physically qualified; medical examination; restrictions on license.
 

(A)  No person who holds a valid commercial driver's license shall drive a commercial motor vehicle unless the person is physically qualified to do so. Each person who drives or expects to drive a commercial motor vehicle in interstate or foreign commerce or is otherwise subject to 49 C.F.R. 391, et seq., as amended, shall certify to the registrar of motor vehicles at the time of application for a commercial driver's license that the person is in compliance with these standards. Any person who is not subject to 49 C.F.R. 391, et seq., as amended, also shall certify at the time of application that the person is not subject to these standards. 

(B)  A person is qualified to drive a school bus if the person holds a valid commercial driver's license along with the proper endorsements, and if the person has been certified as medically qualified in accordance with rules adopted by the department of education. 

(C) (1)  Except as provided in division (C)(2) of this section, any medical examination required by this section shall be performed only by one of the following: 

(a) A person licensed under Chapter 4731. of the Revised Code to practice medicine or surgery or osteopathic medicine and surgery in this state, or licensed under any similar law of another state; 

(b) A person licensed as a physician assistant under Chapter 4730. of the Revised Code who practices under the supervision and direction of a physician as required under that chapter and who is authorized by the supervising physician to perform such a medical examination; 

(c) A person who is a certified nurse practitioner or a clinical nurse specialist licensed under Chapter 4723. of the Revised Code who is practicing in accordance with a standard care arrangement pursuant to section 4723.431 [4723.43.1] of the Revised Code; 

(d) A doctor of chiropractic. 

(2) Any part of an examination required by this section that pertains to visual acuity, field of vision, and the ability to recognize colors may be performed by a person licensed under Chapter 4725. of the Revised Code to practice optometry in this state, or licensed under any similar law of another state. 

(D)  Whenever good cause appears, the registrar, upon issuing a commercial driver's license under this chapter, may impose restrictions suitable to the licensee's driving ability with respect to the type of motor vehicle or special mechanical control devices required on a motor vehicle that the licensee may operate, or such other restrictions applicable to the licensee as the registrar determines to be necessary. 
 

The registrar may either issue a special restricted license or may set forth upon the usual license form the restrictions imposed. 
 

The registrar, upon receiving satisfactory evidence of any violation of the restrictions of the license, may impose a class D license suspension of the license for the period of time specified in division (B)(4) of section 4510.02 of the Revised Code. 
 

The registrar, upon receiving satisfactory evidence that an applicant or holder of a commercial driver's license has violated division (A)(4) of section 4506.04 of the Revised Code and knowingly given false information in any application or certification required by section 4506.07 of the Revised Code, shall cancel the commercial driver's license of the person or any pending application from the person for a commercial driver's license or class D driver's license for a period of at least sixty days, during which time no application for a commercial driver's license or class D driver's license shall be received from the person. 

(E)  Whoever violates this section is guilty of a misdemeanor of the first degree. 
 

HISTORY: 143 v H 381 (Eff 7-1-89); 143 v H 88 (Eff 3-13-90); 149 v H 73 (Eff 6-29-2001); 149 v S 245, § 1. Eff 3-31-2003; 149 v S 123, § 1, eff. 1-1-04; 151 v H 68, § 101.01, eff. 6-29-05.
 

The effective date is set by § 612.03 of 151 v H 68. 

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

See provisions, § 5 of S.B. 123 (149 v  - ), following RC § 4501.01. 

 

Effect of Amendments

Section 101.01, 151 v H 68, effective June 29, 2005, in (B), substituted "school bus if the person holds a valid commercial driver's license along with the proper endorsements" for "class B commercial motor vehicle with a school bus endorsement"; and added (C)(1)(d). 

S.B. 123, Acts 2002, effective January 1, 2004, in the second paragraph of (D), deleted "the restrictions" following "may set forth", and added "the restrictions imposed" to the end; substituted "impose a class D ... of the Revised Code" for "suspend or revoke it" in the third paragraph of (D); and added (E).