Ohio Code 4506.05 – Conditions for driving commercial motor vehicle
(A) Notwithstanding any other provision of law, a person may drive a commercial motor vehicle on a highway in this state if all of the following conditions are met:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 4506.05
- commercial motor vehicle: means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
(1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-six thousand one pounds or more;
(3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;
(4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C. See Ohio Code 4506.01
- Drive: means to drive, operate, or be in physical control of a motor vehicle. See Ohio Code 4506.01
- Driver: means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license. See Ohio Code 4506.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Medical variance: means one of the following received by a driver from the federal motor carrier safety administration that allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial motor vehicle under 49 C. See Ohio Code 4506.01
- Motor vehicle: means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. See Ohio Code 4506.01
- Out-of-service order: means a declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C. See Ohio Code 4506.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- State: means a state of the United States and includes the District of Columbia. See Ohio Code 4506.01
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) The person has a valid commercial driver‘s license or commercial driver’s license temporary instruction permit issued by any state or jurisdiction in accordance with the minimum standards adopted by the federal motor carrier safety administration under the “Commercial Motor Vehicle Safety Act of 1986,” 100 Stat. 3207-171, 49 U.S.C.A. App. for issuance of commercial driver’s licenses;
(2) The person’s commercial driver’s license or temporary instruction permit is not suspended, revoked, or canceled, and the person has the appropriate endorsements for the vehicle that is being driven;
(3) The person is not disqualified from driving a commercial motor vehicle;
(4) The person is not subject to an out-of-service order;
(5) The person is medically certified as physically qualified to operate a commercial motor vehicle in accordance with this chapter.
(a) A person who submitted a medical examiner’s certificate to the registrar in accordance with division (A)(1) of section 4506.10 of the Revised Code and whose medical certification information is maintained in the commercial driver’s license information system is not required to have the medical examiner’s certificate in the person’s possession when on duty.
(b) A person whose medical certification information is not maintained in the commercial driver’s license information system shall have in the person’s possession when on duty the original or a copy of the current medical examiner’s certificate that was submitted to the registrar. However, the person may operate a commercial motor vehicle with such proof of medical certification for not more than fifteen days after the date the current medical examiner’s certificate was issued to the person.
(c) A person who has a medical variance shall have in the person’s possession the original or copy of the medical variance documentation at all times while on duty.
(B) No person shall drive a commercial motor vehicle on a highway in this state if the person does not meet the conditions specified in division (A) of this section.
(C) Except as set forth in 49 C.F.R. § 390.3(f), 391.2, 391.62, 391.67, and 391.68, no person holding a commercial driver’s license temporary instruction permit or a commercial driver’s license issued under this chapter may drive a commercial motor vehicle in interstate commerce until the person is at least twenty-one years of age.
(D)(1) Whoever violates this section is guilty of a misdemeanor of the first degree.
(2) The offenses established under this section are strict liability offenses and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.