Ohio Code 4506.10 – Physical qualifications for commercial driver’s license; Compliance with federal regulations
(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.
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 4506.10
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- suspension: means the permanent or temporary withdrawal, by action of a court or the bureau of motor vehicles, of a driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for the period of the suspension or the permanent or temporary withdrawal of the privilege to obtain a license, permit, or privilege of that type for the period of the suspension. See Ohio Code 4510.01
- Upgrade: means a change in the class of vehicles, endorsements, or self-certified status as described in division (A)(1) of section 4506. 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) Any person applying for a commercial driver’s license or commercial driver’s license temporary instruction permit, the renewal or upgrade of a commercial driver’s license or commercial driver’s license temporary instruction permit, or the transfer of a commercial driver’s license from out of state shall self-certify to the registrar for purposes of 49 C.F.R. § 383.71, one of the following in regard to the applicant’s operation of a commercial motor vehicle, as applicable:
(a)(i) If the applicant operates or expects to operate a commercial motor vehicle in interstate or foreign commerce and is subject to and meets the requirements under 49 C.F.R. part 391, the applicant shall self-certify that the applicant is non-excepted interstate and shall provide the registrar with the original or a copy of a medical examiner’s certificate and each subsequently issued medical examiner’s certificate prepared by a qualified medical examiner to maintain a medically certified status on the applicant’s commercial driver licensing system driver record;
(ii) If the applicant operates or expects to operate a commercial motor vehicle in interstate commerce, but engages in transportation or operations excepted under 49 C.F.R. § 390.3(f), 391.2, 391.68, or 398.3 from all or parts of the qualification requirements of 49 C.F.R. part 391, the applicant shall self-certify that the applicant is excepted interstate and is not required to obtain a medical examiner’s certificate.
(b)(i) If the applicant operates only in intrastate commerce and is subject to state driver qualification requirements, the applicant shall self-certify that the applicant is non-excepted intrastate;
(ii) If the applicant operates only in intrastate commerce and is excepted from all or parts of the state driver qualification requirements, the applicant shall self-certify that the applicant is excepted intrastate.
(2) Notwithstanding the expiration date on a person’s commercial driver’s license or commercial driver’s license temporary instruction permit, every commercial driver’s license or commercial driver’s license temporary instruction permit holder shall provide the registrar with the certification required by this section, on or after January 30, 2012, but prior to January 30, 2014.
(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, only a medical examiner who is listed on the national registry of certified medical examiners established by the federal motor carrier safety administration shall perform a medical examination required by this section.
(2) 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, may perform any part of an examination required by this section that pertains to visual acuity, field of vision, and the ability to recognize colors.
(3) The individual who performed an examination conducted pursuant to this section shall complete any written documentation of a physical examination on a form that substantially complies with the requirements of 49 C.F.R. § 391.43(h).
(D) Whenever good cause appears, the registrar, upon issuing a commercial driver’s license or commercial driver’s license temporary instruction permit 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 or commercial driver’s license temporary instruction permit 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 person’s commercial driver’s license or commercial driver’s license temporary instruction permit or any pending application from the person for a commercial driver’s license, commercial driver’s license temporary instruction permit, 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, commercial driver’s license temporary instruction permit, 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.