2006 Ohio Revised Code - [4510.02.1] 4510.021.Limited driving privileges.

[§ 4510.02.1] § 4510.021. Limited driving privileges.
 

(A)  Unless expressly prohibited by section 2919.22, section 4510.13, or any other section of the Revised Code, a court may grant limited driving privileges for any purpose described in division (A)(1), (2), or (3) of this section during any suspension imposed by the court. In granting the privileges, the court shall specify the purposes, times, and places of the privileges and may impose any other reasonable conditions on the person's driving of a motor vehicle. The privileges shall be for any of the following limited purposes: 

(1) Occupational, educational, vocational, or medical purposes; 

(2)  Taking the driver's or commercial driver's license examination; 

(3)  Attending court-ordered treatment. 

(B)  Unless expressly authorized by a section of the Revised Code, a court may not grant limited driving privileges during any suspension imposed by the bureau of motor vehicles. To obtain limited driving privileges during a suspension imposed by the bureau, the person under suspension may file a petition in a court of record in the county in which the person resides. A person who is not a resident of this state shall file any petition for privileges either in the Franklin county municipal court or in the municipal or county court located in the county where the offense occurred. If the person who is not a resident of this state is a minor, the person may file the petition either in the Franklin county juvenile court or in the juvenile court with jurisdiction over the offense. If a court grants limited driving privileges as described in this division, the privileges shall be for any of the limited purposes identified in division (A) of this section. 

(C)  When the use of an immobilizing or disabling device is not otherwise required by law, the court, as a condition of granting limited driving privileges, may require that the person's vehicle be equipped with an immobilizing or disabling device, except as provided in division (C) of section 4510.43 of the Revised Code. When the use of restricted license plates issued under section 4503.231 [4503.23.1] of the Revised Code is not otherwise required by law, the court, as a condition of granting limited driving privileges, may require that the person's vehicle be equipped with restricted license plates of that nature, except as provided in division (B) of that section. 

(D)  When the court grants limited driving privileges under section 4510.31 of the Revised Code or any other provision of law during the suspension of the temporary instruction permit or probationary driver's license of a person who is under eighteen years of age, the court may include as a purpose of the privilege the person's practicing of driving with the person's parent, guardian, or other custodian during the period of the suspension. If the court grants limited driving privileges for this purpose, the court, in addition to all other conditions it imposes, shall impose as a condition that the person exercise the privilege only when a parent, guardian, or custodian of the person who holds a current valid driver's or commercial driver's license issued by this state actually occupies the seat beside the person in the vehicle the person is operating. 

(E)  Before granting limited driving privileges under this section, the court shall require the offender to provide proof of financial responsibility pursuant to section 4509.45 of the Revised Code. 
 

HISTORY: 149 v S 123, § 1, eff. 1-1-04; 150 v H 52, § 1, eff. 6-1-04.
 

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. * * * (B)(1) Notwithstanding division (A) of this section, all of the following apply to conduct or an offense committed prior to January 1, 2004: 

(a) A person whose driver's or commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege was suspended by a court may apply to the sentencing court for limited driving privileges under division (A) of section 4510.021 of the Revised Code; 

(b) A person whose license, permit, or privilege was suspended by the Registrar of Motor Vehicles may apply for limited driving privileges under division (B) of section 4510.021 of the Revised Code if limited driving privileges are expressly authorized by a section of the Revised Code for the type of conduct or offense that caused the suspension; 

(c) A person whose license, permit, or privilege was suspended, canceled, or revoked for life may file a motion for modification or termination of the suspension, cancellation, or revocation in accordance with section 4510.54 of the Revised Code. 

(2) The terms and conditions of any limited driving privileges granted under this section shall be governed by the law in effect on and after January 1, 2004. 

 

Effect of Amendments

150 v H 52, effective June 1, 2004, rewrote (B).