37-17 Amend Traffic Code to Align with ORC

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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. (c) Nothing contained in subsection (b) (5) of this section shall be con- strued 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) SECTION 20. Section 341.05, Criminal Offenses, of the Lakewood Codified Or- dinances, currently reading as follows: 341.05 CREWINAL OFFENSES. (a) No person who holds a commercial driver's license or oper- ates a motor vehicle for which a commercial driver's license is re- quired shall do any of the following: (1) Drive a commercial motor vehicle while having a measureable or detectable amount of alcohol or of a controlled sub- stance in the person's blood, breath or urine; (2) Drive a commercial motor vehicle while having an alcohol concentration of four- btmdredths of one per cent or more by whole blood or breath; (3) Drive a commercial motor vehicle while having an alcohol concentration of forty- eight - thousandths of one per cent or more by blood serum or blood plasma; (4) Drive a commercial motor vehicle while having an alcohol concentration of fifty- six - thousandths of one percent or more by urine; (5) Drive a motor vehicle while under the influence of a con- trolled substance; (6) Drive a motor vehicle in violation of Ohio R.C. 4511.19 or a municipal OVI ordinance as defined in Ohio R.C. 4511.181; (7) Use a motor vehicle in the commission of a felony; (8) Refuse to submit to a test under Ohio R.C. 4506.17 or 4511.191; (9) Operate a commercial motor vehicle while the person's commercial driving privileges are revoked, suspended, canceled, or disqualified; (10) Cause a fatality through the negligent operation of a com- mercial motor vehicle, including, but not limited to, the offenses of aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter; (11) Fail to stop after an accident in violation of Section 335.12