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PART FOUR — TRAFFIC CODE

Title V — Vehicles

Chapter 435 — Licensing and Accidents

Complete to June 30, 2009

CROSS REFERENCES

See sectional histories for similar State law.

Deposit of driver's license as bond, RC 2937.221

Motor vehicle licensing law, RC Ch 4503

Driver's license law, RC Ch 4507

Power of trial court of record to suspend or revoke license for certain violations, RC 4507.16

State accident reports, RC 4509.01, 4509.06, 4509.74, 5502.11

Impounding vehicle with illegal license plates, CO 405.02

Tow truck licensing, CO 405.10

Glass removal from street after accident, CO 411.01

Taxicab driver's license, CO 443.13 et seq.

Sight-seeing car license required, CO 445.01

Sight-seeing car driver's license, CO 445.06 et seq.

Reports of accidents at airports, CO 571.11

Vehicular homicide, CO 621.02

435.01     Driver's or Commercial Driver's License Required; Restriction Violation

(a) No person, except those expressly exempted under Section 4507.03 to 4507.05 of the Revised Code, inclusive, shall operate any motor vehicle upon a street or highway or any public or private property used by the public for purposes of vehicular travel or parking in the City unless such person has a valid driver's license issued under Chapter 4507 of the Revised Code or a valid commercial driver's license issued under Chapter 4506 of the Revised Code.

No person shall permit the operation of a motor vehicle upon any public or private property used by the public for purposes of vehicular travel or parking knowing such operator does not have a valid driver's license issued to the operator by the registrar of motor vehicles under Chapter 4507 of the Revised Code or a valid commercial driver's license issued under Chapter 4506 of the Revised Code.

No person, except those expressly exempted under Section 4507.03 to 4507.05 of the Revised Code, inclusive, shall operate any motorcycle upon a street or highway or any public or private property used by the public for purposes of vehicular travel or parking in the City unless such person has a valid license as a motorcycle operator, that was issued upon application by the registrar under Chapter 4507 of the Revised Code. The license shall be in the form of an endorsement, as determined by the registrar, upon a driver's or commercial driver's license, if the person has a valid license to operate a motor vehicle or commercial motor vehicle, or in the form of a restricted license as provided in Section 4507.14 of the Revised Code, if the person does not have a valid license to operate a motor vehicle or commercial motor vehicle. (RC 4507.02(A)(1) to (3))

(b) No nonresident of Ohio shall drive any motor vehicle upon a street or highway of the City unless he has in his possession a valid and current driver's or commercial driver's license issued to him by another jurisdiction recognized by the State of Ohio.

No nonresident of Ohio, upon demand of any police officer at any time or place, shall fail to prove lawful possession or his right to operate such motor vehicle, or fail to establish proper identity. (RC 4507.04)

(c) No person shall operate any motor vehicle in violation of any restriction imposed on his driver's or commercial driver's license by the Ohio Registrar of Motor Vehicles pursuant to Section 4507.14 of the Revised Code.
(Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.02     Possession of More Than One License Prohibited

No person shall receive a driver's license, or a motorcycle operator's endorsement of a driver's or commercial driver's license, unless and until he surrenders to the Registrar all valid licenses issued to him by another jurisdiction recognized by the State of Ohio. No person shall be permitted to have more than one valid license at any time.
(RC 4507.02(A)(4); Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.03     Driving with Temporary Instruction Permit Without Licensed Driver

No person, who is the holder of a temporary instruction permit, issued by the Ohio Registrar of Motor Vehicles pursuant to RC 4507.05, shall drive a motor vehicle upon a street or highway, except when having such permit in his immediate possession and when accompanied by a licensed operator who is actually occupying a seat beside the driver, and when the total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device. The holder of a temporary instruction permit issued by the Registrar pursuant to Section 4507.05 of the Revised Code is not entitled under this section to drive a commercial motor vehicle.
(RC 4507.05; Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.04     Certain Acts Prohibited

No person shall:

(a) Display, or cause or permit to be displayed, or possess any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit knowing the same to be fictitious, or to have been canceled, revoked, suspended or altered;

(b) Lend to a person not entitled thereto, or knowingly permit him to use any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit issued to the person so lending or permitting the use thereof;

(c) Display or represent as one's own, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit not issued to the person so displaying the same;

(d) Fail to surrender to the Ohio Registrar of Motor Vehicles, upon his demand, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit which has been suspended, canceled or revoked;

(e) In any application for an identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit, or any renewal or duplicate thereof, knowingly conceal a material fact, or present any physician's statement required under RC 4507.08 or 4507.081 when knowing the same to be false or fictitious.
(RC 4507.30; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.05     Owner or Operator Allowing Another to Drive

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person if either of the following applies:

(a) The offender knows or has reasonable cause to believe the other person has no legal right to drive the motor vehicle;

(b) The offender knows or has reasonable cause to believe the other person's act of driving the motor vehicle would violate any prohibition contained in RC 4507.01 to 4507.39. (RC 4507.33)
(Ord. No. 820-90. Passed 6-14-93, eff. 6-23-93)

435.06     Display of License

The operator of a motor vehicle shall display his license, or furnish satisfactory proof that he has such license, upon demand of any peace officer or of any person damaged or injured in any collision in which such licensee may be involved. When a demand is properly made and the operator has his license on or about his person, he shall not refuse to display such license. Failure to furnish satisfactory evidence that such person is licensed under RC 4507.01 to 4507.30, inclusive, when such person does not have his license on or about his person shall be prima-facie evidence of his not having obtained such license.
(RC 4507.35; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.07     Driver Under Suspension or Revocation

(a) No person whose driver's or commercial driver's license or permit or nonresident's operating privilege has been suspended or revoked pursuant to Chapter 4509 of the Revised Code, shall operate any motor vehicle within this City, or knowingly permit any motor vehicle owned by him to be operated by another person in the City, during the period of the suspension or revocation, except as specifically authorized by Chapter 4509 of the Revised Code. No person shall operate a motor vehicle within this city, or knowingly permit any motor vehicle owned by him to be operated by another person in the city, during the period in which he is required by Section 4509.45 of the Revised Code to file and maintain proof of financial responsibility for a violation of Section 4509.101 of the Revised Code, unless proof of financial responsibility is maintained with respect to that vehicle.

(b) No person shall operate any motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in this city in violation of any restriction of the person's driver's or commercial driver's license imposed under division (D) of Section 4506.10 or 4507.14 of the Revised Code.

(c) No person, whose driver's or commercial driver's license or permit has been suspended pursuant to Section 4511.191, Section 4511.196, or division (B) of Section 4507.16 of the Revised Code shall operate any motor vehicle within this City until after he has paid the license reinstatement fee required pursuant to division (L) of Section 4511.191 of the Revised Code and the license or permit has been returned to the person or a new license or permit has been issued to the person.

(d) No person, whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended or revoked under any provision of the Revised Code other than Chapter 4509 of the Revised Code or under any applicable law in any other jurisdiction in which the person's license or permit was issued, shall operate any motor vehicle upon the highways or streets within this City during the period of the suspension or within one year after the date of the revocation. No person who is granted occupational driving privileges by any court shall operate any motor vehicle upon the highways or streets in this City except in accordance with the terms of the privileges.

(e) No person, whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (B) of Section 4507.16 of the Revised Code, shall operate any motor vehicle upon the highways or streets within this city during the period of suspension. No person who is granted occupational driving privileges by any court shall operate any motor vehicle upon the highways or streets in this city except in accordance with the terms of those privileges. (RC 4507.02(B) to (D))

(f) No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Section 4511.191 or Section 4511.196 of the Revised Code shall operate a vehicle upon the highways or streets within this City. (RC 4511.192)

(g) It is an affirmative defense to any prosecution brought pursuant to divisions (a) to (d) of this Section that the alleged offender drove under suspension because of a substantial emergency, provided that no other person was reasonably available to drive in response to the emergency.
(RC 4507.02(E); Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.08     Operation or Sale Without Certificate of Title

No person shall:

(a) Operate in this City a motor vehicle for which a certificate of title is required without having such certificate in accordance with RC 4505.01 to 4505.21 or upon which the certificate of title has been canceled;

(b) Display or display for sale or sell as a dealer or acting on behalf of a dealer, a motor vehicle without having obtained a manufacturer's or importer's certificate or a certificate of title therefor as provided in RC 4505.01 to 4505.21;

(c) Fail to surrender any certificate of title or any certificate of registration or license plates upon cancellation of the same by Registrar of Motor Vehicles and notice thereof as prescribed in RC 4505.01 to 4505.21;

(d) Fail to surrender the certificate of title to the Clerk of the Court of Common Pleas as provided in RC 4505.01 to 4505.21 in case of the destruction or dismantling or change of a motor vehicle in such respect that it is not the motor vehicle described in the certificate of title;

(e) Violate any rules promulgated pursuant to RC 4505.01 to 4505.21;

(f) Except as otherwise provided in RC Chapter 4517 sell at wholesale a motor vehicle ownership of which is not evidenced by an Ohio certificate of title, or the current certificate of title issued for the motor vehicle, or the manufacturer's certificate of origin, and all the title assignments that evidence the seller's ownership of the motor vehicle, and an odometer disclosure statement that complies with RC 4505.06 and Subchapter IV of the "Motor Vehicle Information And Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.

This section does not apply to persons engaged in the business of warehousing or transporting motor vehicles for the purpose of salvage disposition.
(RC 4505.18; Ord. No. 2822-89. Passed 3-19-90, eff. 3-22-90)

435.09     Display of License Plates; Expired or Unlawful Plates

(a) No person who is the owner or operator of a motor vehicle shall fail to properly display in plain view on the front and rear of such motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under RC 4503.19 and 4503.191, furnished by the Ohio Director of Public Safety, except that a manufacturer of motor vehicles or dealer therein, the holder of an in transit permit, and the owner or operator of a motorcycle, motorized bicycle, manufactured home, trailer or semitrailer shall display on the rear only. An apportioned vehicle receiving an apportioned license plate under the international registration plan shall display the plate only on the front of a semitractor and on the rear of all other vehicles. Such number plates shall be securely fastened so as not to swing, and shall not be covered by any material which obstructs their visibility.

No person to whom a temporary license placard or windshield sticker has been issued for the use of a motor vehicle under RC 4503.182, and no operator of such motor vehicle, shall fail to display such temporary license placard in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle, or fail to display such windshield sticker in plain view on the rear window of the motor vehicle. Such temporary license placard or windshield sticker shall not be covered by any material which obstructs its visibility. (RC 4503.21)

(b) No person who is the owner of a motor vehicle which is parked or operated upon the public streets or highways shall fail to annually file the application for registration or to pay the tax therefor, as required by RC Chapter 4503. (RC 4503.11)

(c) No person shall park or operate upon the public streets or highways a motor vehicle acquired from a former owner who has registered the same in Ohio, while such vehicle displays the distinctive number or identification mark assigned to it upon its original registration. (RC 4549.11)

(d) No person who is the owner of a motor vehicle and a resident of Ohio shall park or operate such motor vehicle upon the public streets or highways, while it displays a distinctive number or identification mark issued by or under the authority of another state, without complying with the laws of Ohio relating to the registration and identification of motor vehicles. (RC 4549.12)

(e) No person shall park or operate any vehicle upon any public street or highway upon which is displayed an expired license plate or an expired validation sticker.

(f) No person shall park or operate any vehicle upon any public street or highway upon which are displayed any license plates not legally registered and issued for such vehicle, or upon which are displayed any license plates that were issued on an application for registration that contains any false statement by the applicant.
(Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.10     License Plates to Be Unobstructed

No person shall operate a motor vehicle, upon which license plates are required by law to be displayed, unless the license plates legally registered and issued for such vehicle shall be fastened in such a manner, and not covered, obscured or concealed by any part or accessory of such vehicle or by any foreign substance or material, to be readable in its entirety from left to right.
(Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.11     Use of Illegal License Plates; Transfer of Registration

(a) No person shall operate or drive a motor vehicle upon the streets of the City if it displays a distinctive number or identification mark which:

(1) Is fictitious;

(2) Is a counterfeit or an unlawfully made copy of any distinctive number or identification mark;

(3) Belongs to another motor vehicle, provided that this section does not apply to a person who fails to comply with the transfer of registration provisions of Section 4503.12 of the Revised Code. (RC 4549.08)

(b) Upon the transfer of ownership of a motor vehicle, the registration of such motor vehicle shall expire, and the original owner shall immediately remove such number plates from such motor vehicle, except if their display is authorized by Section 4503.12 of the Revised Code. The transfer of such number from the motor vehicle purchased by the same person in whose name the original number plates were issued shall be done within a period not to exceed thirty days.
(RC 4503.12; Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.12     License Plate Loan or Sale

No person shall loan, sell, give away or otherwise traffic in any number or license plate or plates issued by any state or other duly authorized governmental agency in connection with the registration of a motor vehicle. However, nothing herein shall be deemed to apply to the issuance of license plates pursuant to law.
(Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.13     Reporting Motor Vehicle Repossession

No person engaged in the business of making loans, purchasing notes secured by mortgages, conditional sales agreements or any other liens upon motor vehicles, or engaged in any other business involving the repossession of motor vehicles shall fail to notify the Police Division of any repossession of motor vehicles and to give such additional information as may be required within one hour after repossession of any motor vehicle, when the same is taken without the owner's consent or knowledge.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

435.14     Reporting Unclaimed Motor Vehicles

No person engaged in the business of operating a garage or parking space or lot, or renting space for the parking or storing of four or more motor vehicles, or engaged in the business of repairing motor vehicles, parts and accessories shall fail to report to the Police Division when any motor vehicle has remained in his or its possession and is unclaimed for more than fifteen days, except where the same has been parked or placed in storage by police order. However, nothing herein shall apply where arrangements have been made for continuous storage or parking and where the owner of the motor vehicle so parked or stored is personally known to the owner or operator of such garage, parking lot or space, so that the name and address of such owner can be furnished upon request of any member of the Police Division.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

435.15     Stopping After Accident upon Streets; Collision with Unattended Vehicle

In case of accident to or collision with persons or property upon any of the public streets or highways, due to the driving or operation thereon of any motor vehicle, the person so driving or operating such motor vehicle, having knowledge of such accident or collision, shall immediately stop his motor vehicle at the scene of the accident or collision and shall remain at the scene of such accident or collision until he has given his name and address and, if he is not the owner, the name and address of the owner of such motor vehicle, together with the registered number of such motor vehicle, to any person injured in such accident or collision or to the operator, occupant, owner or attendant of any motor vehicle damages in such accident or collision, or to any police officer at the scene of such accident or collision.

In the event the injured person is unable to comprehend and record the information required to be given by this section, the other driver involved in such accident or collision shall forthwith notify the nearest police authority concerning the location of the accident or collision, and his name, address and the registered number of the motor vehicle he was operating, and then remain at the scene of the accident or collision until a police officer arrives, unless removed from the scene by an emergency vehicle operated by a political subdivision or an ambulance.

If such accident or collision is with an unoccupied or unattended motor vehicle, the operator so colliding with such motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on such unoccupied or unattended motor vehicle.
(RC 4549.02; Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)

435.16     Stopping After Accident upon Property Other Than Streets

In case of accident or collision resulting in injury or damage to persons or property upon any public or private property other than public streets or highways, due to the driving or operation thereon of any motor vehicle, the person so driving or operating such motor vehicle, having knowledge of such accident or collision, shall stop, and, upon request of the person injured or damaged, or any other person, shall give such person his name and address, and if he is not the owner, the name and address of the owner of such motor vehicle, together with the registered number of such motor vehicle, and if available, exhibit his driver's or commercial driver's license.

If the owner or person in charge of such damaged property is not furnished such information, the driver of the motor vehicle involved in the accident or collision shall, within twenty-four hours after such accident or collision, forward to the Police Division the same information required to be given to the owner or person in control of such damaged property and give the date, time and location of the accident or collision.

If such accident or collision is with an unoccupied or unattended motor vehicle, the operator so colliding with such motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on such unoccupied or unattended motor vehicle.
(RC 4549.021; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

435.17     Vehicle Accident Resulting in Damage to Realty

The driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to such real property, legally upon or adjacent to a public street or highway, shall immediately stop and take reasonable steps to locate and notify the owner or person in charge of such property of such fact, of his name and address, and of the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his driver's or commercial driver's license.

If the owner or person in charge of such property cannot be located after reasonable search, the driver of the vehicle involved in the accident resulting in damage to such property shall, within twenty-four hours after such accident, forward to the Police Division the same information required to be given to the owner or person in control of such property and give the location of the accident and a description of the damage insofar as it is known.
(RC 4549.03; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)

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