37-17 Amend Traffic Code to Align with ORC

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person's possession, a valid commercial driver's license with proper endorsements for the motor vehicle being driven, issued by the Reg- istrar of Motor Vehicles, a valid examiner's commercial driving permit issued under Ohio R.C. 4506.13, a valid restricted commer- cial driver's license and waiver for farm- related service industries issued under Ohio R.C. 4506 24, or a valid commercial driver's li- cense temporary instruction permit issued by the Registrar and is ac- companied by an authorized state driver's license examiner or tester or a person who has been issued and has in the person's immediate possession a current, valid commercial driver's license with proper endorsements for the motor vehicle beingdriven. (2) No person who has been a resident of this State for thirty days or longer shall drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. (b) Nothing in subsection (a) of this section applies to any quali- fied person when engaged in the operation of any of the following (1) A farm truck; (2) Fire equipment for a fire department , volunteer or non- volunteer fire company, fire district, or joint fire district; (3) A public safety vehicle used to provide transportation or emergency medical service for ill or injured persons ; (4) A recreational vehicle; (5) A commercial motor vehicle within the boundaries of an eligi- ble unit of local government, if the person is employed by the eligible unit of local government and is operating the commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, but only if either the employee who holds a com- mercial driver's license issued under Ohio R.C. Chapter 4506 and ordi- narily operates a commercial motor vehicle for these purposes is unable to operate the vehicle, or the employing eligible unit of local govern- ment determines that a snow or ice emergency exists that requires addi- tional assistance; (6) A vehicle operated for military purposes by any member or uniformed employee of the armed forces of the United States or their reserve components, including the Ohio National Guard. This excep- tion does not apply to United States reserved technicians. (7) A commnercial motor vehicle that is operated for nonbusiness purposes. "Operated for noubusiness purposes" means that the com- mercial motor vehicle is not used in commerce as "commerce" is de- fined in 49 C.F.R. 383.5, as amended, and is not regulated by the Public Utilities Commission pursuant to Ohio R.C. Chapter 4919, 4921, or 4923. (8) A motor vehicle that is designed primarily for the transporta- tion of goods and not persons, while that motor vehicle is being used for the occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise. (9) A police SWAT team vehicle, (10) A police vehicle used to transport prisoners. (e) Nothing contained in subsection (b) (5) of this section shall be, construed as preempting or superseding any law, rule, or regulation of this State concerning the safe operation of commercial motor vehicles. (d) Whoever violates this section is guilty of a misdemeanor of the first degree, (ORC 4506.03; Ord. 36 -10. Passed 7 -19- 2010.)