2006 Ohio Revised Code - 4510.10. Payment plan or extension where offender cannot reasonably pay reinstatement fees.

§ 4510.10. Payment plan or extension where offender cannot reasonably pay reinstatement fees.
 

(A)  As used in this section, "reinstatement fees" means the fees that are required under section 4507.1612, 4507.45, 4509.101 [4509.10.1], 4509.81, 4511.191 [4511.19.1], 4511.951 [4511.95.1], or any other provision of the Revised Code, or under a schedule established by the bureau of motor vehicles, in order to reinstate a driver's or commercial driver's license or permit or nonresident operating privilege of an offender under a suspension. 

(B)  Reinstatement fees are those fees that compensate the bureau of motor vehicles for suspensions, cancellations, or disqualifications of a person's driving privileges and to compensate the bureau and other agencies in their administration of programs intended to reduce and eliminate threats to public safety through education, treatment, and other activities. The registrar of motor vehicles shall not reinstate a driver's or commercial driver's license or permit or nonresident operating privilege of a person until the person has paid all reinstatement fees and has complied with all conditions for each suspension, cancellation, or disqualification incurred by that person. 

(C)  When a municipal court or county court determines in a pending case involving an offender that the offender cannot reasonably pay reinstatement fees due and owing by the offender relative to a suspension that has been or that will be imposed in the case, then the court, by order, may undertake either of the following, in order of preference: 

(1) Establish a reasonable payment plan of not less than fifty dollars per month, to be paid by the offender to the bureau of motor vehicles in all succeeding months until all reinstatement fees required of the offender are paid in full; 

(2) If the offender, but for the payment of the reinstatement fees, otherwise would be entitled to operate a vehicle in this state or to obtain reinstatement of the offender's operating privileges, permit the offender to operate a motor vehicle, as authorized by the court, until a future date upon which date all reinstatement fees must be paid in full. A payment extension granted under this division shall not exceed one hundred eighty days, and any operating privileges granted under this division shall be solely for the purpose of permitting the offender occupational or 'family necessity' privileges in order to enable the offender to reasonably acquire the delinquent reinstatement fees due and owing. 

(D)  If a municipal court or county court, by order, undertakes either activity described in division (C)(1) or (2) of this section, the court, at any time after the issuance of the order, may determine that a change of circumstances has occurred and may amend the order as justice requires, provided that the amended order also shall be an order that is permitted under division (C)(1) or (2) of this section. 

(E)  If a court enters an order of the type described in division (C)(1), (C)(2), or (D) of this section, during the pendency of the order, the offender in relation to whom it applies is not subject to prosecution for failing to pay the reinstatement fees covered by the order. 

(F)  Reinstatement fees are debts that may be discharged in bankruptcy. 
 

HISTORY: 149 v S 123, § 1, eff. 1-1-04; 150 v H 230, § 1, eff. 9-16-04.
 

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

150 v H 230, effective September 16, 2004, inserted (B) and redesignated the remaining subsections accordingly; added (F); and corrected internal references.