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59 Licensin~• Accidents 335.03 <br />(c) Whoever violates this section is guilty of a misdemeanor of the first degree. <br />(ORC 4507.02; 4507.99) <br />335.03 DRIVING WITH TEMPORARY INSTRUCTION PERMIT; CURFEW. <br />(a) No holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A) <br />shall operate a motor vehicle upon a highway or any public or private property used by the public <br />for purposes of vehicular travel or parking in violation of the following conditions: <br />(1) If the permit is issued to a person who is at least fifteen years and six <br />months of age, but less than sixteen years of age: <br />A. The permit and .identification card are in the holder's immediate <br />possession; <br />B. The holder is accompanied by an eligible adult who actually <br />occupies the seat beside the permit holder; <br />C. The total number of occupants of the vehicle does not exceed the <br />total number of occupant restraining devices originally installed in <br />the motor vehicle by its manufacturer, and each occupant of the <br />vehicle is wearing all of the available elements of a properly <br />adjusted occupant restraining device. <br />(2) If the permit is issued to a person who is at least. sixteen years of age: <br />A. The permit and identification card are in the holder's immediate <br />possession; <br />B. The holder is accompanied by'a licensed operator who is at least <br />twenty-one years of age and is actuallyoccupying aseat beside the <br />driver; <br />C. The total number of occupants of the vehicle does not exceed the <br />total number of occupant restraining devices originally installed in <br />the motor vehicle by its manufacturer, and each occupant of the <br />vehicle is wearing all of the available elements of a properly <br />adjusted occupant restraining device. <br />(b) Except as provided in subsection (b) hereof, no holder of a temporary instruction <br />permit that is issued under Ohio R.C. 4507.05(A) and that is issued on or after July 1, 1998, and <br />who has not attained the age of seventeen years, shall operate a motor vehicle upon a highway or <br />any public or private property used by the .public for purposes of vehicular travel or parking <br />between the hours of one a.m. and five a.m. <br />The holder of a permit issued under Ohio R.C. 4507.05(A) on or after July 1, 1998, who <br />has not attained the age of seventeen years, may operate a motor vehicle upon a highway or any <br />public or private property used by the public for purposes of vehicular travel or parking between <br />the hours of one a.m: and five a.m. if, at the time of such operation, the holder is accompanied <br />by the holder's parent, guardian, or custodian, and the parent, guardian or custodian holds a <br />current. valid driver's or commercial driver's license issued by this State and is actually occupying <br />a seat beside the permit holder. <br />(c) As used in this section: <br />(1) "Eligible adult" means any of the following: <br />A. An instructor of a driver education course approved by the <br />Department of Education or a driver training course approved by <br />the Department of Public Safety; <br />2003 Replacement <br />