Implications of Connected and Automated Driving Systems, Vol. 2: State Legal and Regulatory Audit (2018)

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NCHRP 20-102(07) Interim Report 112 Appendix 1: State Statute Examples Table A1. Overview of Category 2 and 3 State Statutes with Regard to the Key Terms and Basic Requirements Regarding the Legal Operation of a Vehicle Basic Requirement Definition of “Person” What a Valid License Entails Definition of “Drive” or Similar Term General Legal Structure (differences and similarities for these basic terms are noted below for the individual states) A PERSON must have a LICENSE to DRIVE (“drive” is emphasized in the summaries below) PERSON means “every natural person, firm, partnership, association, corporation, limited liability company or other legal business entity” LICENSE generally requires human qualities, and therefore applies to a human operator OPERATOR means any person who “drives” or is in “actual physical control” of a motor vehicle UVC 6-101, 6-508 (drive); also see 6- 305 (owner allowing other unlicensed persons to drive) 1-169 (ends with corporation) 6-107 through 112 (tests, etc. required) 3-104 (registration of vehicle also requires human qualities) 6-509 through 6- 512 (skills and knowledge test for commercial; vision) Title 1 § 1-123 & 126 (drive/driver is to operate or be in physical control of a vehicle) 6-500 (commercial driver means any person who drives, operates or who is in actual physical control) Mississippi 63-1-5 (drive or operate) 63-1-207 (drive a commercial vehicle) 63-3-11 63-1-33 (tests) 63-1-35 (photo, SSN, etc.) 63-1-39 (signature) 63-1-208 (tests for commercial driver) 63-1-210 & 211 (photo, SSN, etc. 63-1-3 (operator means every person who is in actual physical control) 63-1-203 (commercial driver is any person who

NCHRP 20-102(07) Interim Report 113 Basic Requirement Definition of “Person” What a Valid License Entails Definition of “Drive” or Similar Term for commercial license) drives, operates or is in physical control) 63-3-121 (driver means every person who drives or is in actual physical control of a vehicle) Nebraska 60-484 & 60-4.137 (resident . . . operate) (commercial vehicle too) 60-476 (up to corporation) 60-484 & 484.02, 60-4.117 & 119 & 4.122 (license requires birth date, etc.) (digital image) (personal information) 60-484.04 & 4.144, 4.144.01, & 4.149 (same for commercial licenses) (and medical examiner’s certificate) 60-642 (operator or driver means any person who operates, drives, or is in actual physical control); 60-468 (drive means to operate or be in actual physical control), 60-473 (same) New Mexico 66-5-2 (drive) 66-1-4.4 (“or other legal entity” after corporation) 66-5-9, 14 & 15 (name, date of birth, SSN, etc.) (vision tests) 66-5-15.2 (photo and fingerprints) 66-5-60 & 63 (skills test for commercial license) (SSN, DOB, etc.) 66-1-4.4 (driver drives or is in actual physical control) 66-5-1.1 (driving is actual physical control)

NCHRP 20-102(07) Interim Report 114 Basic Requirement Definition of “Person” What a Valid License Entails Definition of “Drive” or Similar Term New York 509 (operate) 131 (up through corporation) 502 (photo, tests, etc.) 113 (driver is every person who “operates or drives or is in actual physical control” [note “or” qualifiers]) Pennsylvania 1501 (drive); 1574 (owner cannot allow person to drive who is not licensed) 102 (up to corporation) 1508 (multiple tests, including eyesight); 1607 (same for commercial drivers), 1609 (commercial requires physical characteristics, etc.) 102 (driver is every person who drives or is in actual physical control) South Dakota 32-12-22 (drive) 32-22-49 (up to “corporation” in definition) 32-12-1 & 3 (date of birth, SSN, gender, etc.) 32-12-4 & 17 & 32- 12-33 (tests) 32-12-17.11 (photos on file) 32-12A-14 (same for commercial driver) 32-12A-1 (driver means any person who drives, operates, or is in actual physical control . . . or who is required to hold a commercial . . .permit or license) Texas (prior to passage of SB 2005 in July 2017) 521.021 (operate) 541.001 (stop at corporation) 521.121 (thumbprint, signature, photo, residence) 541.001 (operator is a person who drives or has physical control of a vehicle) 545.002 (for rules of the road [in chapter 545],

NCHRP 20-102(07) Interim Report 115 Basic Requirement Definition of “Person” What a Valid License Entails Definition of “Drive” or Similar Term operator includes the vehicle itself) Utah 53-3-202 (drive) 41-6a-102 (stops at corporation) 53-3-205 (fingerprints, photograph, etc.) 41-6a-102 (operator is person in actual physical control) 52-2-102.15a (driver is any person who drives or is in actual physical control) Virginia 46.2-300 (no person shall “drive”); 46.2- 301.1 (person who authorizes person to “drive” without license faces misdemeanor) Title 1 § 1-230 46.2-323 (DOB, SSN, etc.); 46.2- 341.15 & 342 (includes photo, name, physical characteristics, etc.) 46.2-100 (operator or driver is every person who drives or is in actual physical control) Wyoming 31-7-106 (“person” who drives, steers or exercises any degree of physical control of) No definition 31-7-111 & 115 & 119 (birth certificate, home address, SSN, vision test, etc. etc.) 31-7-304 (medical certificate too) 31-5-102 (driver means every person who drives or is in actual physical control of a vehicle)  Back to Basic Requirements for Operator.

NCHRP 20-102(07) Interim Report 116 Table A2. Overview of Category 1 State Statutes with Regard to the Key Terms and Basic Requirements Regarding the Legal Operation of a Vehicle The Basic Requirement Definition of “Person” What a Valid License Entails Definition of “Drive” or “Operator” General Legal Structure (differences and similarities for these basic terms are noted below for the individual states) A PERSON must have LICENSE to DRIVE (the verb is emphasized in the summaries below) PERSON means “every natural person, firm, partnership, association, corporation, limited liability company or other legal business entity” LICENSE generally requires human qualities DRIVER generally means any person who “drives” or is in “actual physical control” of a motor vehicle California. 12500 (drive); 24605 (owner can’t let another drive without license) 38750 (autonomous vehicles are specifically defined and their use is prohibited until they meet requirements of regulations and department approves manufacturer application) 470 (up to corporation) 12800 (thumb print, SSN, etc.) 305 (driver is a person who “drives or is in actual physical control”) 38750 (operator of C/ADS is “the person who is seated in the driver’s seat, or, if there is no person in the driver’s seat, causes the autonomous technology to engage”) Florida 322.03 (drive) See 316.85 below (extends “operator” to person that 320.01 “(Person” means and includes natural persons, corporations, co- partnerships, firms, companies, agencies, 322.12 (eye exam required); 322.121 (eye exam and hearing evaluation required for license renewal). OPERATOR is not the SAME as the DRIVER. 316.003 DRIVER (driver is any person who drives or is in actual physical control); OPERATOR

NCHRP 20-102(07) Interim Report 117 The Basic Requirement Definition of “Person” What a Valid License Entails Definition of “Drive” or “Operator” “engages” the AVS.) or associations, singular or plural.”) (operator is any person who is in actual physical control of a motor vehicle upon the highway). Michigan 257.301 (but see 257.35a[b]) 257.40 (same “and their legal successors”) 257.307 (birth certificate, SSN, physical characteristics, etc. required); 257.314 (vision test for renewal). 257.35a (Operate or operator means “causing an automated motor vehicle to move under its own power in automatic mode”, “includes engaging the automated technology of that automated motor vehicle for that purpose.”) Nevada 483.230 (person …. drive) & 483.550 (the same) 482A.200. (Endorsement on license to drive C/ADS. Endorsement must “recognize the fact that a person is not required to actively drive an autonomous vehicle”) Not defined 483.330 (exam required); 483.384 (eye test – for renewal too); 484A.080. (Driver means “every person who drives or is in actual physical control of a vehicle” unless the vehicle fits the requirements for a C/ADS and the ADS is engaged.) 482A.025 (driver specifically defined as having the capability to “drive the motor vehicle without the active control or monitoring of a human operator”)

NCHRP 20-102(07) Interim Report 118 The Basic Requirement Definition of “Person” What a Valid License Entails Definition of “Drive” or “Operator” Ohio 4510.12 (operate) 4513 (ends at corporation) 4507.12 (vision tests); 4501:1-1- 18 (disclose medical information); 4507.06 (DOT, SSN, physical characteristics, photograph, etc.) 4501.01 (operator is any person who drives or operates) 4511.01 (driver/operator is every person who drives or is in actual physical control) (operate means to cause or have caused movement of a vehicle)  Back to Category 1 States Addressing Drive and Operate Ambiguities. Table A3. Illustrative State Restrictions on Who Can Obtain a Driver’s License Persons Not Allowed to Hold a License and Hence to “Operate” a Vehicle Quoted Language from Statute UVC 6-103 No license under the age of 18 years; an habitual user of alcohol or any drug to a degree rendering such person incapable of safely driving; afflicted with or suffering from any mental disability or disease; good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle safely Mississippi 63-1-9 Habitual drunkard, addicted to the use of narcotic drugs, identified persons with mental disability, persons with unspecified physical or mental disability South Dakota 32-12-5.1 32-12-31 May deny . . . license . . . to any individual who has experienced convulsions, seizures, or blackouts, until the individual has experienced a period of twelve months without any such episode (or unless there is statement that the condition is controlled with medicine)

NCHRP 20-102(07) Interim Report 119 Persons Not Allowed to Hold a License and Hence to “Operate” a Vehicle Quoted Language from Statute 32-12-32 Habitual drunkard or is an habitual user of narcotic drugs or is an habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle Any person who is physically or mentally incapable to drive Wyoming 31-7-108 Habitual user of alcohol or any controlled substance to a degree rendering him incapable of safely driving; has been adjudged by a court of law to be mentally incompetent; good cause from the examination . . . to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle) Nebraska 60-4.118 60-4.118.01 Must possess sufficient powers of eyesight . . . determined by Health Advisory Board; other medical impairments may also justify license denial Must be physically and mentally capable of safely operating a motor vehicle to operate it on the highway New Mexico 66-5-5 An habitual user of narcotic drugs or alcohol or an habitual user of any drug to a degree that renders the person incapable of safely driving; suffering from any mental disability or disease that would render the person unable to drive a motor vehicle with safety Ohio 4501:1-1-18 Medical report may be required if reason to believe “that the applicant has a physical or mental condition which may impair the ability . . . to operate . . .safety” and license may be denied; also “alcoholic or addicted to the use of controlled substances to the extent that the use constitutes an impairment to . . . operate a motor vehicle” can be denied a license Pennsylvania 1519 1518 Not “physically or mentally qualified” (more tests may be necessary); operating privilege may also be recalled if incompetency has been established Mental and physical disorders defined by Medical Advisory Board; physicians etc. must report persons as having disabilities.

NCHRP 20-102(07) Interim Report 120 Persons Not Allowed to Hold a License and Hence to “Operate” a Vehicle Quoted Language from Statute 1503 “user of alcohol or any controlled substance to a degree rendering the user incapable of safely driving”; afflicted or suffering from “any mental disability or disease and who has not at the time of application been restored to competency”; name is submitted under prior provision, etc. California 12512 No license to drive to a person under the age of 18 years. Nevada 483.250 No license to any person under the age of 18 except that a restricted license may be available to persons between 14-18 under specified circumstances. Virginia 46.2-312 6.2-315 46.2-322 Requirements for persons using bioptic telescopic lens (very prescriptive) Not to a person “suffering from a physical or mental disability or disease which will prevent his exercising reasonable and ordinary control over a motor vehicle while driving” Not if “good cause to believe that a driver is incapacitated” and unable to “drive the vehicle safely”  Back to Driver Licensing. Table A4. Pennsylvania: Maneuvers Tested in Driving Test (current as of June 2017) Maneuver Points Modification Required? Accident (i) An accident, however slight, which the applicant could have prevented. (ii) Contact with a pedestrian which the applicant could have prevented. 31 Modification, should test taker be responsible for level 4–5 ADS- equipped vehicle decision making? Lack of cooperation (i) Refusal to obey instructions of examiner. (ii) Refusal to attempt maneuver when instructed by the examiner. (iii) Offering bribes or gratuities to the examiner. 31 Modification on instructions, would these be given to human test taker or logged into vehicle?

NCHRP 20-102(07) Interim Report 121 Maneuver Points Modification Required? Serious traffic offenses (i) Stop sign offenses. (A) Failure to stop for stop sign. (B) Failure to stop before proceeding into intersection. (C) Failure to make second stop if necessary. (ii) Red light offenses. (A) Failure to stop for a red light. (B) Failure to decelerate when approaching a yellow light. (C) Entering into intersection as light turns red. (iii) Failure to yield right-of-way. (A) Failure to yield to pedestrian. (B) Failure to yield to oncoming driver when making left turn. (C) Failure to yield promptly to emergency vehicles. (D) Failure to yield to traffic having right-of-way. (iv) Driving in opposite lane continuously. Crossing double yellow line and remaining in opposite lane for extended period of time. (v) Improper passing. (A) Insufficient clearance for pass. (B) Passing within or too close to intersection. (C) Returning to lane too quickly after passing, forcing overtaken vehicle to slow down. (D) Passing on right where illegal. (E) Passing in no-passing zone. (vi) Restriction violation. (A) Being unaccompanied by licensed driver. (B) Violating restriction on learner’s permit or driver’s license. (vii) Speeding. Exceeding speed limit. 31 Modification on restriction violation, would test taker in level 4–5 ADS- equipped vehicles need to be accompanied to test by licensed driver? Striking/jumping curb or markers i) Driving one or more wheels over the curb or onto sidewalk. (ii) Making contact with curb, sidewalk or marker. 31 Modification, would human test driver be penalized if the C/ADS makes contact with curb, sidewalk or marker if executing a maneuver to minimize or avoid an accident? Pretrip check (i) Exterior. Check general condition of the following equipment: (A) Headlights. (B) Clearance lights. (C) Identification lights. (D) Turn signals and four way flashers. (E) Tires and wheel lugs. (F) Sidemarker lights. (G) Reflectors. (H) Tail lights. (I) Stop lights. (J) Trailer hook up. (K) Rear trailer door – shall be secure. (L) Mud flaps. (ii) Interior. Check general condition of the following equipment: (A) Parking brake. (B) Trailer protection 31 Modification required to include radars, cameras and other equipment necessary for automated driving

NCHRP 20-102(07) Interim Report 122 Maneuver Points Modification Required? valve and steering. (C) Gauges – that is, oil pressure, air pressure and low air warning device. (D) Horn and mirrors. (E) Emergency equipment – that is, fire extinguisher and flags, flares, reflectors or triangles. Failure to properly start engine (i) Failure to start engine due to lack of knowledge. (ii) Failure to start engine with standard transmission in neutral. 31 Modification, without pedals, wheel, and possibly a gear lever, how will instructor note vehicle is in neutral until after vehicle starts up, presuming display shows the gear the vehicle is in. Improper backing (i) Failure to check area before backing. (ii) Improper steering when backing, such as: A) One hand driving when not required. (B) Allowing steering wheel to spin back after turns. (C) Jerky motions. (D) Failure to use hand-over-hand method. (iii) Excessive weaving while backing. (iv) Failure to utilize mirrors properly. 31 Modification for one handed driving and for hand over hand method. Modification for use of mirrors. Other traffic offenses i) Improper turning. (A) Failure to get into proper lane. (B) Swinging too wide on turn. (C) Failure to maintain safe clearance when turning. (D) Cutting too short on turn. (ii) Speed control according to conditions. (A) Driving too fast for conditions. (B) Sliding or skidding due to speed. C) Failure to decelerate when appropriate. (iii) Crossing center line or crossing double yellow line momentarily. (iv) Following too closely or failure to follow 4-second rule. (v) Improper stopping. (A) Stopping in crosswalk. (B) Stopping over stop line. (C) Stopping unnecessarily on roadway. (vi) Failure to signal or improper signaling. (A) Incorrect signal given. (B) Signal continued after turn is completed. C) Signal initiated at less than appropriate distance, that is, less than 100 feet from turning or stopping points. (D) Failure to signal before starting, stopping or turning. (E) Failure to give audible signal when necessary. 16 Modification for following distance rules. Modification for audible signal, would human test taker in a level 4– 5 ADS-equipped vehicle be required to do this? Improper parking 16

NCHRP 20-102(07) Interim Report 123 Maneuver Points Modification Required? (i) Parking more than 12 inches from curb. (ii) Failure to set brakes and place transmission in gear. Failure To observe traffic i) Failure to turn head to check for traffic. (ii) Failure to check for traffic when going through intersection on green light. (iii) Taking eyes from road to talk to examiner while vehicle is in motion. (iv) Failure to check mirrors. Modification, level 4–5 ADS- equipped vehicle is driving, so will test taker need to turn head, check for traffic, keep eyes on road and check mirrors. If vehicle is conducting maneuvers how will test examiner know that the vehicle did, or did not, observe traffic. Improper steering (i) One-hand driving when not required. (ii) Allowing steering wheel to spin back after turns. (iii) Erratic steering causing vehicle to swerve when turning or driving straight. (iv) Failure to use hand-over-hand method. 16 Modification for one handed driving and for hand over hand method. Failure to exercise proper judgment in traffic (i) Failure to yield. (ii) Failure to maintain a safety margin in all traffic situations. (iii) Improper choice of action when reacting to hazardous or emergency situations. (iv) Failure to activate windshield wipers, defrosters or headlights when necessary. 16 Modification on safety margin, as level 4–5 ADS-equipped vehicles may require different timeframes for responding in the driving environment. Improper starting of engine and failure to exhibit smooth driving (i) Rolling back more than 12 inches. (ii) Failure to release parking brake before attempting to start vehicle in motion. (iii) Spinning wheels when starting. (iv) Stalling engine. (v) Driving in an unsmooth manner. (vi) Difficulty in shifting. (A) Automatic transmission. (I) Using improper gear. (II) Failure to come to complete stop before shifting from forward to reverse or from reverse to forward. (B) Standard transmission. (I) Failure to keep eyes on road when shifting. (II) Using improper gear. (III) Grinding gears. (IV) Shifting in middle of curve. (V) Swerving vehicle while shifting. 8 Modification to remove standard transmission section for a level 4–5 ADS-equipped vehicle.

NCHRP 20-102(07) Interim Report 124 Maneuver Points Modification Required? Improper braking (i) Improper foot position on brake pedal. (ii) Sudden or hard braking when not necessary. (iii) Applying brakes in the middle of a curve rather than prior to entering the curve. (iv) Braking when unnecessary. (v) Failure to come to a smooth stop. (vi) Foot slips off brake pedal. (vii) Foot misses brake pedal. (viii) Failure to apply brakes in a timely manner. 8 Modification for foot slipping or missing brake pedal. Not necessary in level 4–5 ADS-equipped vehicle with no pedals. Failure to maintain minimum speed limit (i) Applicant over cautious. (ii) Driving 10 miles per hour below the speed limit unless conditions warrant caution. (iii) Interfering with other vehicles by driving too slowly. 8 Modification, how to determine if level 4–5 ADS-equipped vehicle is over cautious. Also, currently, OEMs, and technology providers have encoded caution into operating system. Use of hand holds for mounting/dismounting 8 Back to Driver Testing. Table A5. Examples of “Fleeing” Requirements in State Codes State and Statutory Cite Text of Statute California Vehicle Code Sec. 2800.1 2800.1. (a) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist: (1) The peace officer’s motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. (2) The peace officer’s motor vehicle is sounding a siren as may be reasonably necessary. (3) The peace officer’s motor vehicle is distinctively marked. (4) The peace officer’s motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform. (b) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s bicycle, is

NCHRP 20-102(07) Interim Report 125 State and Statutory Cite Text of Statute guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if the following conditions exist: (1) The peace officer’s bicycle is distinctively marked. (2) The peace officer’s bicycle is operated by a peace officer, as defined in paragraph (4) of subdivision (a), and that peace officer is wearing a distinctive uniform. (3) The peace officer gives a verbal command to stop. (4) The peace officer sounds a horn that produces a sound of at least 115 decibels. (5) The peace officer gives a hand signal commanding the person to stop. (6) The person is aware or reasonably should have been aware of the verbal command, horn, and hand signal, but refuses to comply with the command to stop. MI Comp L § 257.602 (2014) 257.602a Failure to stop at signal of police or conservation officer; penalty; subsection (1) inapplicable unless officer in uniform and vehicle identified; violation of subsection (1) as felony; conviction for conduct arising out of same transaction; “serious injury” defined. Sec. 602a. (1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring his or her motor vehicle to a stop shall not willfully fail to obey that direction by increasing the speed of the motor vehicle, extinguishing the lights of the motor vehicle, or otherwise attempting to flee or elude the officer. This subsection does not apply unless the police or conservation officer giving the signal is in uniform and the officer's vehicle is identified as an official police or department of natural resources vehicle. Nevada Rev. Stat. § 484B.550 484B.550 1. Except as otherwise provided in this section, the driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring the vehicle to a stop is guilty of a misdemeanor. 2. The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren. 3. Unless the provisions of NRS 484B.653 apply if, while violating the provisions of subsection 1, the driver of the motor vehicle: (a) Is the proximate cause of damage to the property of any other person; or (b) Operates the motor vehicle in a manner which endangers or is likely to endanger any other person or the property of any other person, the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a

NCHRP 20-102(07) Interim Report 126 State and Statutory Cite Text of Statute minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. 4. If, while violating the provisions of subsection 1, the driver of the motor vehicle is the proximate cause of the death of or bodily harm to any other person, the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment. 5. If the driver of the motor vehicle is convicted of a violation of NRS 484C.110 or 484C.120 arising out of the same act or transaction as a violation of subsection 1, the driver is guilty of a category D felony and shall be punished as provided in NRS 193.130 for the violation of subsection 1. VA Cod Ann. § 46.2-817 § 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties. A. Any person who, having received a visible or audible signal from any law- enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means, is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer. B. Any person who, having received a visible or audible signal from any law- enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person is guilty of a Class 6 felony. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer. C. If a law-enforcement officer pursues a person as a result of a violation of subsection B and the law-enforcement officer is killed as a direct and proximate result of the pursuit, the person who violated subsection B is guilty of a Class 4 felony. D. When any person is convicted of an offense under this section, in addition to the other penalties provided in this section, the driver's license of such person shall be suspended by the court for a period of not less than thirty days nor more than one

NCHRP 20-102(07) Interim Report 127 State and Statutory Cite Text of Statute year. However, in any case where the speed of such person is determined to have exceeded the maximum allowed by twenty miles per hour, his driver's license shall be suspended by the court trying the case for a period of not less than ninety days. In case of conviction and suspension, the court or judge shall order the surrender of the license to the court, which shall dispose of it in accordance with the provisions of § 46.2-398. E. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.  Back to Fleeing.

NCHRP 20-102(07) Interim Report 128 Table A6. Examples of “Intoxication” Prohibitions in State Codes State and Statutory Cite Text of Statute PA Consolidated Statutes Ann. § 3802 § 3802. Driving under influence of alcohol or controlled substance. (a) General impairment. – (1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. (2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. (b) High rate of alcohol. – An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. (c) Highest rate of alcohol. – An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. (d) Controlled substances. – An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances: (1) There is in the individual's blood any amount of a: (i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act; (ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or (iii) metabolite of a substance under subparagraph (i) or (ii). (2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

NCHRP 20-102(07) Interim Report 129 State and Statutory Cite Text of Statute (3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle. (4) The individual is under the influence of a solvent or noxious substance in violation of 18 PAC.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances). (e) Minors. – A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle. (f) Commercial or school vehicles. – An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances: (1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is: (i) 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle. (ii) 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle. (2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. (3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions). (4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603. (g) Exception to two-hour rule. – Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances: (1) where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and

NCHRP 20-102(07) Interim Report 130 State and Statutory Cite Text of Statute (2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained. 2006 Amendment. Act 36 amended subsec. (g)(1). See the preamble to Act 36 in the appendix to this title for special provisions relating to legislative intent. CA Veh. §§ 23136, 23140; ARTICLE 1.3. Offenses by Persons Under 21 Years of Age Involving Alcohol [23136- 23136.] (Article 1.3 added by Stats. 1993, Ch. 899, Sec. 11.) 23136. (a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood- alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law. (b) A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (c) (1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a). (2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a). (3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1. ARTICLE 1.5. Juvenile Offenses Involving Alcohol [23140- 23140.] (Article 1.5 added by Stats. 1986, Ch. 1105, Sec. 1.) 23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was

NCHRP 20-102(07) Interim Report 131 State and Statutory Cite Text of Statute made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood. (c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803. OH Rev. Code §§ 4511.19, 4511.194; 4511.19 Operating vehicle under the influence of alcohol or drugs - OVI. (A) (1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them. (b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood. (c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four- thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma. (d) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath. (e) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight- thousandths of one gram by weight of alcohol per one hundred milliliters of the person's urine. (f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person's whole blood. (g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person's blood serum or plasma. (h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath. (i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine.

NCHRP 20-102(07) Interim Report 132 State and Statutory Cite Text of Statute (j) Except as provided in division (K) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds any of the following: (i) The person has a concentration of amphetamine in the person's urine of at least five hundred nanograms of amphetamine per milliliter of the person's urine or has a concentration of amphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person's whole blood or blood serum or plasma. (ii) The person has a concentration of cocaine in the person's urine of at least one hundred fifty nanograms of cocaine per milliliter of the person's urine or has a concentration of cocaine in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine per milliliter of the person's whole blood or blood serum or plasma. (iii) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred fifty nanograms of cocaine metabolite per milliliter of the person's urine or has a concentration of cocaine metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of cocaine metabolite per milliliter of the person's whole blood or blood serum or plasma. (iv) The person has a concentration of heroin in the person's urine of at least two thousand nanograms of heroin per milliliter of the person's urine or has a concentration of heroin in the person's whole blood or blood serum or plasma of at least fifty nanograms of heroin per milliliter of the person's whole blood or blood serum or plasma. (v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's urine or has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's whole blood or blood serum or plasma of at least ten nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's whole blood or blood serum or plasma. (vi) The person has a concentration of Lysergic acid diethylamide (LSD) in the person's urine of at least twenty-five nanograms of LSD per milliliter of the person's urine or a concentration of L.S.D. in the person's whole blood or blood serum or plasma of at least ten nanograms of LSD per milliliter of the person's whole blood or blood serum or plasma. (vii) The person has a concentration of marihuana in the person's urine of at least ten nanograms of marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person's whole blood or blood serum or plasma. (viii) Either of the following applies:

NCHRP 20-102(07) Interim Report 133 State and Statutory Cite Text of Statute (I) The person is under the influence of alcohol, a drug of abuse, or a combination of them, and, as measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least fifteen nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least five nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma. (II) As measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least thirty-five nanograms of marihuana metabolite per milliliter of the person's urine or has a concentration of marihuana metabolite in the person's whole blood or blood serum or plasma of at least fifty nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma. (ix) The person has a concentration of methamphetamine in the person's urine of at least five hundred nanograms of methamphetamine per milliliter of the person's urine or has a concentration of methamphetamine in the person's whole blood or blood serum or plasma of at least one hundred nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma. (x) The person has a concentration of phencyclidine in the person's urine of at least twenty-five nanograms of phencyclidine per milliliter of the person's urine or has a concentration of phencyclidine in the person's whole blood or blood serum or plasma of at least ten nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma. (xi) The state board of pharmacy has adopted a rule pursuant to section 4729.041 of the Revised Code that specifies the amount of salvia divinorum and the amount of salvinorin A that constitute concentrations of salvia divinorum and salvinorin A in a person's urine, in a person's whole blood, or in a person's blood serum or plasma at or above which the person is impaired for purposes of operating any vehicle, streetcar, or trackless trolley within this state, the rule is in effect, and the person has a concentration of salvia divinorum or salvinorin A of at least that amount so specified by rule in the person's urine, in the person's whole blood, or in the person's blood serum or plasma. (2) No person who, within twenty years of the conduct described in division (A)(2)(a) of this section, previously has been convicted of or pleaded guilty to a violation of this division, a violation of division (A)(1) or (B) of this section, or any other equivalent offense shall do both of the following: (a) Operate any vehicle, streetcar, or trackless trolley within this state while under the influence of alcohol, a drug of abuse, or a combination of them;

NCHRP 20-102(07) Interim Report 134 State and Statutory Cite Text of Statute (b) Subsequent to being arrested for operating the vehicle, streetcar, or trackless trolley as described in division (A)(2)(a) of this section, being asked by a law enforcement officer to submit to a chemical test or tests under section 4511.191 of the Revised Code, and being advised by the officer in accordance with section 4511.192 of the Revised Code of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests. (B) No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (1) The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood. (2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma. (3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath. (4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven- hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine. (C) In any proceeding arising out of one incident, a person may be charged with a violation of division (A)(1)(a) or (A)(2) and a violation of division (B)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions. (D) (1) (a) In any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(a) of this section or for an equivalent offense that is vehicle-related, the result of any test of any blood or urine withdrawn and analyzed at any health care provider, as defined in section 2317.02 of the Revised Code, may be admitted with expert testimony to be considered with any other relevant and competent evidence in determining the guilt or innocence of the defendant. (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section or for an equivalent offense that is vehicle-related, the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the time of the alleged violation. The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two- hour time limit specified in division (A) of section 4511.192 of the Revised Code as the maximum period of time during

NCHRP 20-102(07) Interim Report 135 State and Statutory Cite Text of Statute which a person may consent to a chemical test or tests as described in that section. The court may admit evidence on the concentration of alcohol, drugs of abuse, or a combination of them as described in this division when a person submits to a blood, breath, urine, or other bodily substance test at the request of a law enforcement officer under section 4511.191 of the Revised Code or a blood or urine sample is obtained pursuant to a search warrant. Only a physician, a registered nurse, an emergency medical technician-intermediate, an emergency medical technician- paramedic, or a qualified technician, chemist, or phlebotomist shall withdraw a blood sample for the purpose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood. The bodily substance withdrawn under division (D)(1)(b) of this section shall be analyzed in accordance with methods approved by the director of health by an individual possessing a valid permit issued by the director pursuant to section 3701.143 of the Revised Code. (c) As used in division (D)(1)(b) of this section, "emergency medical technician-intermediate" and "emergency medical technician-paramedic" have the same meanings as in section 4765.01 of the Revised Code. (2) In a criminal prosecution or juvenile court proceeding for a violation of division (A) of this section or for an equivalent offense that is vehicle-related, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (A)(1)(b), (c), (d), and (e) of this section or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of division (A)(1)(j) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (B) of this section or for an equivalent offense that is substantially equivalent to that division. (3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, immediately upon the completion of the chemical test analysis. If the chemical test was obtained pursuant to division (D)(1)(b) of this section, the person tested may have a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement

NCHRP 20-102(07) Interim Report 136 State and Statutory Cite Text of Statute officer. If the person was under arrest as described in division (A)(5) of section 4511.191 of the Revised Code, the arresting officer shall advise the person at the time of the arrest that the person may have an independent chemical test taken at the person's own expense. If the person was under arrest other than described in division (A) (5) of section 4511.191 of the Revised Code, the form to be read to the person to be tested, as required under section 4511.192 of the Revised Code, shall state that the person may have an independent test performed at the person's expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer. (4)(a) As used in divisions (D)(4)(b) and (c) of this section, "national highway traffic safety administration" means the national highway traffic safety administration established as an administration of the United States department of transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105. (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply: (i) The officer may testify concerning the results of the field sobriety test so administered. (ii) The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding. (iii) If testimony is presented or evidence is introduced under division (D)(4)(b)(i) or (ii) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate. (c) Division (D)(4)(b) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (D)(4)(b) of this section.

NCHRP 20-102(07) Interim Report 137 State and Statutory Cite Text of Statute (E) (1) Subject to division (E)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) or (B)(1), (2), (3), or (4) of this section or for an equivalent offense that is substantially equivalent to any of those divisions, a laboratory report from any laboratory personnel issued a permit by the department of health authorizing an analysis as described in this division that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this division shall be admitted as prima-facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following: (a) The signature, under oath, of any person who performed the analysis; (b) Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled substance, or a combination of them that was found; (c) A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties; (d) An outline of the analyst's or test performer's education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the department of health. (2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in division (E)(1) of this section is not admissible against the defendant to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant. (3) A report of the type described in division (E)(1) of this section shall not be prima-facie evidence of the contents, identity, or amount of any substance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice. (F) Except as otherwise provided in this division, any physician, registered nurse, emergency medical technician- intermediate, emergency medical technician-paramedic, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section or section 4511.191 or 4511.192 of the Revised Code, and any

NCHRP 20-102(07) Interim Report 138 State and Statutory Cite Text of Statute hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section or section 4511.191 or 4511.192 of the Revised Code, is immune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provided in this division also extends to an emergency medical service organization that employs an emergency medical technician-intermediate or emergency medical technician-paramedic who withdraws blood under this section. The immunity provided in this division is not available to a person who withdraws blood if the person engages in willful or wanton misconduct. As used in this division, "emergency medical technician-intermediate" and "emergency medical technician-paramedic" have the same meanings as in section 4765.01 of the Revised Code. (G) (1) Whoever violates any provision of divisions (A)(1)(a) to (i) or (A)(2) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates division (A)(1)(j) of this section is guilty of operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance. The court shall sentence the offender for either offense under Chapter 2929. of the Revised Code, except as otherwise authorized or required by divisions (G)(1)(a) to (e) of this section: (a) Except as otherwise provided in division (G)(1)(b), (c), (d), or (e) of this section, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the following: (i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of three consecutive days. As used in this division, three consecutive days means seventy-two consecutive hours. The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months. The court may suspend the execution of the three-day jail term under this division if the court, in lieu of that suspended term, places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code and requires the offender to attend, for three consecutive days, a drivers' intervention program certified under section 5119.38 of the Revised Code. The court also may suspend the execution of any part of the three-day jail term under this division if it places the offender under a community control sanction pursuant to section 2929.25 of the Revised Code for part of the three days, requires the offender to attend for the suspended part of the term a drivers' intervention program so certified, and sentences the offender to a jail term equal to the remainder of the three consecutive days that the offender does not spend attending the program. The court may require the offender, as a

NCHRP 20-102(07) Interim Report 139 State and Statutory Cite Text of Statute condition of community control and in addition to the required attendance at a drivers' intervention program, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 5119. of the Revised Code by the director of mental health and addiction services that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose on the offender any other conditions of community control that it considers necessary. If the court grants unlimited driving privileges to a first-time offender under section 4510.022 of the Revised Code, all penalties imposed upon the offender by the court under division (G)(1)(a)(i) of this section for the offense apply, except that the court shall suspend any mandatory or additional jail term imposed by the court under division (G)(1)(a)(i) of this section upon granting unlimited driving privileges in accordance with section 4510.022 of the Revised Code. (ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as otherwise provided in this division, a mandatory jail term of at least three consecutive days and a requirement that the offender attend, for three consecutive days, a drivers' intervention program that is certified pursuant to section 5119.38 of the Revised Code. As used in this division, three consecutive days means seventy-two consecutive hours. If the court determines that the offender is not conducive to treatment in a drivers' intervention program, if the offender refuses to attend a drivers' intervention program, or if the jail at which the offender is to serve the jail term imposed can provide a driver's intervention program, the court shall sentence the offender to a mandatory jail term of at least six consecutive days. If the court grants unlimited driving privileges to a first-time offender under section 4510.022 of the Revised Code, all penalties imposed upon the offender by the court under division (G)(1)(a)(ii) of this section for the offense apply, except that the court shall suspend any mandatory or additional jail term imposed by the court under division (G)(1)(a)(ii) of this section upon granting unlimited driving privileges in accordance with section 4510.022 of the Revised Code. The court may require the offender, under a community control sanction imposed under section 2929.25 of the Revised Code, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 5119. of the Revised Code by the director of mental health and addiction services, in addition to the required attendance at drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the

NCHRP 20-102(07) Interim Report 140 State and Statutory Cite Text of Statute offender's progress in the programs. The court also may impose any other conditions of community control on the offender that it considers necessary. (iii) In all cases, a fine of not less than three hundred seventy-five and not more than one thousand seventy-five dollars; (iv) In all cases, a suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege for a definite period of one to three years. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code. The court may grant unlimited driving privileges with an ignition interlock device relative to the suspension and may reduce the period of suspension as authorized under section 4510.022 of the Revised Code. (b) Except as otherwise provided in division (G)(1)(e) of this section, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to one violation of division (A) or (B) of this section or one other equivalent offense is guilty of a misdemeanor of the first degree. The court shall sentence the offender to all of the following: (i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of ten consecutive days. The court shall impose the ten-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the ten-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court shall require the offender to be assessed by a community addiction services provider that is authorized by section 5119.21 of the Revised Code, subject to division (I) of this section, and shall order the offender to follow the treatment recommendations of the services provider. The purpose of the assessment is to determine the degree of the offender's alcohol usage and to determine whether or not treatment is warranted. Upon the request of the court, the services provider shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use. (ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as otherwise provided in this division, a mandatory jail term of twenty consecutive days. The court shall impose the twenty-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of house arrest with electronic

NCHRP 20-102(07) Interim Report 141 State and Statutory Cite Text of Statute monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the twenty-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring or both types of monitoring and jail term, the court shall require the offender to be assessed by a community addiction service provider that is authorized by section 5119.21 of the Revised Code, subject to division (I) of this section, and shall order the offender to follow the treatment recommendations of the services provider. The purpose of the assessment is to determine the degree of the offender's alcohol usage and to determine whether or not treatment is warranted. Upon the request of the court, the services provider shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use. (iii) In all cases, notwithstanding the fines set forth in Chapter 2929. of the Revised Code, a fine of not less than five hundred twenty-five and not more than one thousand six hundred twenty-five dollars; (iv) In all cases, a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of one to seven years. The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code. (v) In all cases, if the vehicle is registered in the offender's name, immobilization of the vehicle involved in the offense for ninety days in accordance with section 4503.233 of the Revised Code and impoundment of the license plates of that vehicle for ninety days. PA. C.S.A. § 3718 § 3718. Minor prohibited from operating with any alcohol in system. (a) Offense defined. – Notwithstanding any other provision of this title, a minor shall not drive, operate or be in physical control of a motor vehicle while having any alcohol in his system. (b) Penalty. – A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100. (c) Definition. – As used in this section, the term "minor" means a person under 21 years of age.  Back to Restrictions Against Driving While Impaired.

NCHRP 20-102(07) Interim Report 142 Table A7. Examples of “Drinker and Open Container” Prohibitions in State Codes Text of Statute NM Stat. § 66-8-138; 66-8-138. Consumption or possession of alcoholic beverages in open containers in a motor vehicle prohibited; exceptions. A. No person shall knowingly drink any alcoholic beverage while in a motor vehicle upon any public highway within this state. B. No person shall knowingly have in his possession on his person, while in a motor vehicle upon any public highway within this state, any bottle, can or other receptacle containing any alcoholic beverage that has been opened or had its seal broken or the contents of which have been partially removed. C. It is unlawful for the registered owner of any motor vehicle to knowingly keep or allow to be kept in a motor vehicle, when the vehicle is upon any public highway within this state, any bottle, can or other receptacle containing any alcoholic beverage that has been opened or had its seal broken or the contents of which have been partially removed, unless the container is kept in: (1) the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk; (2) the living quarters of a motor home or recreational vehicle; (3) a truck camper; or (4) the bed of a pick-up truck when the bed is not occupied by passengers. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section does not apply to any passenger in a bus, taxicab or limousine for hire licensed to transport passengers pursuant to the Motor Carrier Act [65-2A-1 NMSA 1978] or proper legal authority. D. The provisions of this section do not apply to: (1) any person who, upon the recommendation of a doctor, carries alcoholic beverages in that person's motor vehicle for medicinal purposes; or (2) any clergyman or his agent who carries alcoholic beverages for religious purposes in the clergyman's or agent's motor vehicle. NV Stat. § 484B.150 (2015) 1. It is unlawful for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway. 2. Except as otherwise provided in this subsection, it is unlawful for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to: (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation; or (b) The living quarters of a house coach or house trailer, but § 3. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484B.130. 4. As used in this section: (a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

NCHRP 20-102(07) Interim Report 143 Text of Statute (b) “Open container” means a container which has been opened or the seal of which has been broken. (c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger. NY Veh. & Traffic § 1227 § 1227. Consumption or possession of alcoholic beverages in certain motor vehicles. 1. The drinking of alcoholic beverages, or the possession of an open container containing an alcoholic beverage, in a motor vehicle located upon the public highways or right-of- way public highway is prohibited. Any operator or passenger violating this section shall be guilty of a traffic infraction. The provisions of this section shall not be deemed to prohibit the drinking of alcoholic beverages or the possession of an open container containing an alcoholic beverage by passengers in passenger vehicles operated pursuant to a certificate or permit issued by the department of transportation or the United States department of transportation. Furthermore, the provisions of this section shall not be deemed to prohibit the possession of wine which is: (a) resealed in accordance with the provisions of subdivision four of section eighty-one of the alcoholic beverage control law; and (b) is transported in the vehicle's trunk or is transported behind the last upright seat or in an area not normally occupied by the driver or passenger in a motor vehicle that is not equipped with a trunk. 2. For the purposes of this section, a passenger vehicle shall mean a vehicle designed to carry ten or more passengers and used to carry passengers for profit or hire. WY Stat. § 31-5-235 § 31-5-235 (a) As used in this section; (i) "Alcoholic beverage" means alcoholic liquor or malt beverage as defined in W.S. 12- 1-101(a)(i), (vii) and (x); (ii) "Recreational vehicle" means a self-propelled motor vehicle designed primarily with living quarters for recreational, camping, vacation or travel use but excludes any vehicle that does not have plumbing and an electrical system that operates above twelve (12) volts. (b) No person shall consume, transport or possess any alcoholic beverage in a motor vehicle while the motor vehicle is in motion on a public street or public highway unless the beverage is: (i) In the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed. Notwithstanding this section, a resealed bottle of wine may be transported as provided in W.S. 12-4-410(e); (ii) In the trunk or any other outside compartment of the vehicle that is not readily accessible to any person in the vehicle while the vehicle is in motion; (iii) In the unoccupied back of a pickup truck out of reach of the driver even though access is available through a window;

NCHRP 20-102(07) Interim Report 144 Text of Statute (iv) In an unoccupied rear compartment of a vehicle not equipped with a trunk or other outside compartment and the rear compartment is not readily accessible to the driver and not normally occupied by passengers while the vehicle is in motion; or (v) Secured in a cabinet or compartment of a recreational vehicle, and the cabinet or compartment is not readily accessible to the driver while the recreational vehicle is in motion. The alcoholic beverage shall remain secured and shall not be accessed by the driver or any passenger at any time the vehicle is in motion. (c) Any person violating the provisions of this section shall: (i) For a first conviction or a subsequent conviction not occurring within one (1) year after the first conviction, be punished by a fine of not more than two hundred dollars ($200.00); (ii) For a second conviction within one (1) year after the first conviction, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or both; (iii) For a third or subsequent conviction within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both. (d) This section shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of passengers for compensation. The driver of any vehicle under this subsection is prohibited from consuming or having an alcoholic beverage within the driver's zone of control. (e) This section shall not apply within the boundaries of any incorporated municipality that has adopted an ordinance prohibiting transportation or possession of any open container of an alcoholic beverage in a vehicle on a public street or public highway.  Back to Drinking and Open Containers. Table A8. Examples of “Visual Display” Prohibitions in State Codes State and Statutory Cite Text of Statute CA Veh. Code § 27602 27602. (a) A person shall not drive a motor vehicle if a television receiver, a video monitor, or a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications, is operating and is located in the motor vehicle at a point forward of the back of the driver’s seat, or is operating and the monitor, screen, or display is visible to the driver while driving the motor vehicle. (b) Subdivision (a) does not apply to the following equipment when installed in a vehicle: (1) A vehicle information display. (2) A global positioning display.

NCHRP 20-102(07) Interim Report 145 State and Statutory Cite Text of Statute (3) A mapping display. (4) A visual display used to enhance or supplement the driver’s view forward, behind, or to the sides of a motor vehicle for the purpose of maneuvering the vehicle. (5) A television receiver, video monitor, television or video screen, or any other similar means of visually displaying a television broadcast or video signal, if that equipment satisfies one of the following requirements: (A) The equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display as described in paragraphs (1) to (4), inclusive. (B) The equipment is designed, operated, and configured in a manner that prevents the driver of the motor vehicle from viewing the television broadcast or video signal while operating the vehicle in a safe and reasonable manner. (6) A mobile digital terminal that is fitted with an opaque covering that does not allow the driver to view any part of the display while driving, even though the terminal may be operating, installed in a vehicle that is owned or operated by any of the following: (A) An electrical corporation, as defined in Section 218 of the Public Utilities Code. (B) A gas corporation, as defined in Section 222 of the Public Utilities Code. (C) A sewer system corporation, as defined in Section 230.6 of the Public Utilities Code. (D) A telephone corporation, as defined in Section 234 of the Public Utilities Code. (E) A water corporation, as defined in Section 241 of the Public Utilities Code. (F) A local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code. (G) A city, joint powers agency, or special district, if that local entity uses the vehicle solely in the provision of sewer service, gas service, water service, or wastewater service. (c) Subdivision (a) does not apply to a mobile digital terminal installed in an authorized emergency vehicle or to a motor vehicle providing emergency road service or roadside assistance. (d) Subdivision (a) does not apply to a mobile digital terminal installed in a vehicle when the vehicle is deployed in an emergency to respond to an interruption or impending interruption of electrical, natural gas, telephone, sewer, water, or wastewater service, and the vehicle is owned or operated by any of the following: (1) An electrical corporation, as defined in Section 218 of the Public Utilities Code. (2) A gas corporation, as defined in Section 222 of the Public Utilities Code. (3) A sewer system corporation, as defined in Section 230.6 of the Public Utilities Code. (4) A telephone corporation, as defined in Section 234 of the Public Utilities Code. (5) A water corporation, as defined in Section 241 of the Public Utilities Code.

NCHRP 20-102(07) Interim Report 146 State and Statutory Cite Text of Statute (6) A local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code. (7) A city, joint powers agency, or special district, if that local entity uses the vehicle solely in the provision of sewer service, gas service, water service, or wastewater service. NY Veh & Traf § § 375(24) 375 24. It shall be unlawful to operate upon any public highway in this state a motor vehicle which is equipped with a television receiving set within view of the operator or in which a television receiving set is in operation within the view of the operator. A motor vehicle shall not be deemed to be equipped with a television receiving set solely because such set utilizes power from such vehicle. The provisions of this subdivision shall not prohibit a vehicle with a weight of ten thousand pounds or more or a school bus from using closed-circuit television receiving equipment exclusively for safety and maneuvering purposes, in accordance with regulations to be established by the commissioner. 24-a. It shall be unlawful to operate upon any public highway in this state a motor vehicle, limited use automobile, limited use motorcycle or bicycle while the operator is wearing more than one earphone attached to a radio, tape player or other audio device. SDCL § 32- 15-9 32-15-9. Television receivers prohibited – Violation as petty offense. No person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiving a television broadcast which is located in the motor vehicle in such a position that it is visible to the driver while operating the motor vehicle. A violation of this section is a petty offense. UT § 41-6a- 1641 41-6a-1641. Video display in motor vehicles prohibited if visible to driver – Exceptions. (1) A motor vehicle may not be operated on a highway if the motor vehicle is equipped with a video display located so that the display is visible to the operator of the vehicle. (2) This section does not prohibit the use of a video display used exclusively for: (a) safety or law enforcement purposes if the use is approved by rule of the department under Section 41-6a-1601; (b) motor vehicle navigation; or (c) monitoring of equipment and operating systems of the motor vehicle. (3) A violation of this section is an infraction.  Back to Visual Display Prohibitions.

NCHRP 20-102(07) Interim Report 147 Table A9. Examples of “Handheld Device” Prohibitions in State Codes State and Statutory Cite Text of Statute SDCL § 32- 26-47 32-26-47. Use of handheld electronic wireless communication device for text-based communication on highway prohibited – Exceptions – Violation as petty offense. No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send, or read a text-based communication. This section does not apply to a person who is using a handheld electronic wireless communication device: (1) While the vehicle is lawfully parked; – (2) To contact any emergency public safety answering point or dispatch center; (3) To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or (4) When using voice operated or hands free technology. State or local law enforcement agencies shall enforce this section as a secondary action. A violation of this section is a petty offense with a fine of one hundred dollars. UT § 41-6a- 1716 41-6a-1716. Prohibition on using a handheld wireless communication device while operating a moving motor vehicle – Exceptions – Penalties. (1) As used in this section: (a) "Handheld wireless communication device" means a handheld device used for the transfer of information without the use of electrical conductors or wires. (b) "Handheld wireless communication device" includes a: (i) wireless telephone; (ii) text messaging device; (iii) laptop; or (iv) any substantially similar communication device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input. (2) Except as provided in Subsection (3), a person may not use a handheld wireless communication device while operating a moving motor vehicle on a highway in this state to manually: (a) write, send, or read a written communication, including: (i) a text message; (ii) an instant message; or (iii) electronic mail; (b) dial a phone number; (c) access the Internet; (d) view or record video; or (e) enter data into a handheld wireless communication device. (3) Subsection (2) does not prohibit a person from using a handheld wireless communication device while operating a moving motor vehicle: (a) when using a handheld communication device for voice communication;

NCHRP 20-102(07) Interim Report 148 State and Statutory Cite Text of Statute (b) to view a global positioning or navigation device or a global positioning or navigation application; (c) during a medical emergency; (d) when reporting a safety hazard or requesting assistance relating to a safety hazard; (e) when reporting criminal activity or requesting assistance relating to a criminal activity; (f) when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment; or (g) to operate: (i) hands-free or voice operated technology; or (ii) a system that is physically or electronically integrated into the motor vehicle. (4) A person convicted of a violation of this section is guilty of a: (a) class C misdemeanor with a maximum fine of $100; or (b) class B misdemeanor if the person: (i) has also inflicted serious bodily injury upon another as a proximate result of using a handheld wireless communication device in violation of this section while operating a moving motor vehicle on a highway in this state; or (ii) has a prior conviction under this section, that is within three years of: (A) the current conviction under this section; or (B) the commission of the offense upon which the current conviction is based. OH Rev. Code § 4511.204 4511.204 Driving while texting. (A) No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using a handheld electronic wireless communications device to write, send, or read a text-based communication. (B) Division (A) of this section does not apply to any of the following: (1) A person using a handheld electronic wireless communications device in that manner for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity; (2) A person driving a public safety vehicle who uses a handheld electronic wireless communications device in that manner in the course of the person's duties; (3) A person using a handheld electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel; (4) A person reading, selecting, or entering a name or telephone number in a handheld electronic wireless communications device for the purpose of making or receiving a telephone call;

NCHRP 20-102(07) Interim Report 149 State and Statutory Cite Text of Statute (5) A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle; (6) A person receiving wireless messages via radio waves; (7) A person using a device for navigation purposes; (8) A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device; (9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data; (10) A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle. (C) (1) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (A) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed. (2) On January 31 of each year, the department of public safety shall issue a report to the general assembly that specifies the number of citations issued for violations of this section during the previous calendar year. (D) Whoever violates division (A) of this section is guilty of a minor misdemeanor. (E) This section shall not be construed as invalidating, preempting, or superseding a substantially equivalent municipal ordinance that prescribes penalties for violations of that ordinance that are greater than the penalties prescribed in this section for violations of this section. (F) A prosecution for a violation of this section does not preclude a prosecution for a violation of a substantially equivalent municipal ordinance based on the same conduct. However, if an offender is convicted of or pleads guilty to a violation of this section and is also convicted of or pleads guilty to a violation of a substantially equivalent municipal ordinance based on the same conduct, the two offenses are allied offenses of similar import under section 2941.25 of the Revised Code. (G) As used in this section: (1) "Electronic wireless communications device" includes any of the following: (a) A wireless telephone;

NCHRP 20-102(07) Interim Report 150 State and Statutory Cite Text of Statute (b) A text-messaging device; (c) A personal digital assistant; (d) A computer, including a laptop computer and a computer tablet; (e) Any other substantially similar wireless device that is designed or used to communicate text. (2) "Voice-operated or hands-free device" means a device that allows the user to vocally compose or send, or to listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function. (3) "Write, send, or read a text-based communication" means to manually write or send, or read a text-based communication using an electronic wireless communications device, including manually writing or sending, or reading communications referred to as text messages, instant messages, or electronic mail. PA. C.S.A. §§ 1621, 3316 § 1621. Texting while driving. (a) Prohibition. – Except as provided under subsection (c), a driver may not engage in texting while driving a commercial motor vehicle or motor carrier vehicle. (b) Employer. – Except as provided under subsection (c), an employer may not permit or require a driver of the employer to engage in texting while driving a commercial motor vehicle or motor carrier vehicle. (c) Emergency use exception. – Texting while driving shall be permissible by a driver of a commercial motor vehicle or motor carrier vehicle if necessary to communicate with a law enforcement official or other emergency service. (d) Penalties. – (1) A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100. (2) A person who violates subsection (b) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500. (e) Definitions. – As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Driving." Operating a commercial motor vehicle or motor carrier vehicle on a highway, with the motor running, including while the commercial motor vehicle or motor carrier vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delay. The term does not include operating a commercial motor vehicle or motor carrier vehicle with or without the motor running if the driver moved the vehicle to the side of or off of a highway and halted in a location where the vehicle can safely remain stationary. "Electronic device." An electronic device includes, but is not limited to, a cellular telephone, personal digital assistant, pager, computer or any other device used to input, write, send, receive or read text. "Texting." Manually entering alphanumeric text into or reading text from an electronic device. The following shall apply:

NCHRP 20-102(07) Interim Report 151 State and Statutory Cite Text of Statute (1) The term includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access an Internet web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone or engaging in any other form of electronic text retrieval or entry, for present or future communication. (2) The term does not include: (i) Inputting, selecting or reading information on a global positioning system or navigation system. (ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone. (iii) Using a device capable of performing multiple functions, including, but not limited to, fleet management systems, dispatching devices, citizens band radios and music players, for a purpose that is not prohibited by this section. § 3316. Prohibiting text-based communications. (a) Prohibition. – No driver shall operate a motor vehicle on a highway or trafficway in this Commonwealth while using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion. A person does not send, read or write a text-based communication when the person reads, selects or enters a telephone number or name in an interactive wireless communications device for the purpose of activating or deactivating a voice communication or a telephone call. (b) (Reserved). (c) Seizure. – The provisions of this section shall not be construed as authorizing the seizure or forfeiture of an interactive wireless communications device, unless otherwise provided by law. (d) Penalty. – A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $50. (e) Preemption of local ordinances. – In accordance with section 6101 (relating to applicability and uniformity of title), this section supersedes and preempts all ordinances of any municipality with regard to the use of an interactive wireless communications device by the driver of a motor vehicle. (f) Definition. – As used in this section, the term "text-based communication" means a text message, instant message, electronic mail or other written communication composed or received on an interactive wireless communications device.  Back to Handheld Device Prohibitions.

NCHRP 20-102(07) Interim Report 152 Table A10. Ohio Motor Vehicle Equipment Standards for Steering Ohio Admin Code § 4501:2-1-05 Motor vehicle equipment standards for steering Motor vehicles shall be inspected to determine if: (A) Steering assembly operates normally. (B) There is not more than the following movement (play) in steering wheel: Power steering-two inches Manual steering-three inches (C) Sector shaft is secure. (D) There is no binding or excessive lash in the steering assembly.342  Back to Inspection Requirements. Table A11. Examples of “Due Care” Requirements in State Codes State and statutory cite Text of Statute NY Veh & Traf L § 1146 (2012) § 1146. Drivers to exercise due care. (a) Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purposes of this section, the term "domestic animal" shall mean domesticated sheep, cattle, and goats which are under the supervision and control of a pedestrian. (b) 1. A driver of a motor vehicle who causes physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than five hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment. 2. If such driver of a motor vehicle causes physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such physical injury. (c) 1. A driver of a motor vehicle who causes serious physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than fifteen days or by required participation in a motor vehicle accident prevention course pursuant to paragraph (e-1) of subdivision two of section 65.10 of the penal law or by any combination of such fine, imprisonment or course, and by suspension of a license or registration pursuant to subparagraph (xiv) or (xv) of paragraph b of subdivision two of section five hundred ten of this chapter. 342 OH Admin. Code § 3745-26-12. Accessed at: http://codes.ohio.gov/oac/4501%3A2-1

NCHRP 20-102(07) Interim Report 153 State and statutory cite Text of Statute 2. If such driver of a motor vehicle causes serious physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such serious physical injury. (d) A violation of subdivision (b) or (c) of this section committed by a person who has previously been convicted of any violation of such subdivisions within the preceding five years, shall constitute a class B misdemeanor punishable by a fine of not more than one thousand dollars in addition to any other penalties provided by law. (e) Nothing contained in this section shall prevent the court from imposing any other authorized disposition, including a period of community service. CA Veh. Code § 22107; 22107. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement. FL § 316.1925; 316.1925 Careless driving. — (1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section. (2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318. OH Rev. Code § 4511.21 4511.21 Speed limits - assured clear distance. (A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.  Back to Due Care Requirements. Table A12. Examples of Requirements in State Codes That Provide Some Authorities to Local Governments for Rules of the Road State and Statutory Cite Text of Statute NE Rev. St. § 60-680 60-680. Regulation of highways by local authority; police powers.

NCHRP 20-102(07) Interim Report 154 State and Statutory Cite Text of Statute (1) Any local authority with respect to highways under its jurisdiction and within the reasonable exercise of the police power may: (a) Regulate or prohibit stopping, standing, or parking; (b) Regulate traffic by means of peace officers or traffic control devices; (c) Regulate or prohibit processions or assemblages on the highways; (d) Designate highways or roadways for use by traffic moving in one direction; (e) Establish speed limits for vehicles in public parks; (f) Designate any highway as a through highway or designate any intersection as a stop or yield intersection; (g) Restrict the use of highways as authorized in section 60-681; (h) Regulate operation of bicycles and require registration and inspection of such, including requirement of a registration fee; (i) Regulate operation of electric personal assistive mobility devices; (j) Regulate or prohibit the turning of vehicles or specified types of vehicles; (k) Alter or establish speed limits authorized in the Nebraska Rules of the Road; (l) Designate no-passing zones; (m) Prohibit or regulate use of controlled-access highways by any class or kind of traffic except those highways which are a part of the state highway system; (n) Prohibit or regulate use of heavily traveled highways by any class or kind of traffic it finds to be incompatible with the normal and safe movement of traffic, except that such regulations shall not be effective on any highway which is part of the state highway system unless authorized by the Department of Roads; (o) Establish minimum speed limits as authorized in the rules; (p) Designate hazardous railroad grade crossings as authorized in the rules; (q) Designate and regulate traffic on play streets; (r) Prohibit pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk as authorized in the rules; (s) Restrict pedestrian crossings at unmarked crosswalks as authorized in the rules; (t) Regulate persons propelling push carts; (u) Regulate persons upon skates, coasters, sleds, and other toy vehicles; (v) Notwithstanding any other provision of law, adopt and enforce an ordinance or resolution prohibiting the use of engine brakes on the National System of Interstate and Defense Highways that has a grade of less than five degrees within its jurisdiction. For purposes of this subdivision, engine brake means a device that converts a power producing engine into a power-absorbing air compressor, resulting in a net energy loss; (w) Adopt and enforce such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; and (x) Adopt other traffic regulations except as prohibited by state law or contrary to state law.

NCHRP 20-102(07) Interim Report 155 State and Statutory Cite Text of Statute (2) No local authority, except an incorporated city with more than forty thousand inhabitants, shall erect or maintain any traffic control device at any location so as to require the traffic on any state highway or state-maintained freeway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Department of Roads. (3) No ordinance or regulation enacted under subdivision (1)(d), (e), (f), (g), (j), (k), (l), (m), (n), (p), (q), or (s) of this section shall be effective until traffic control devices giving notice of such local traffic regulations are erected upon or at the entrances to such affected highway or part thereof affected as may be most appropriate. NM Stat. Ann. § 66-7- 322 66-7-322. Required position and method of turning at intersections. The driver of a vehicle intending to turn at an intersection shall do so as follows: A. both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway; B. at any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn, except where left-turn provisions are made, shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection; C. upon a roadway with two or more lanes for through traffic in each direction, where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from both directions, no vehicle shall turn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. Any maneuver other than a left turn from this center lane will be deemed a violation of this section; D. at any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered; and E. local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons or signs.

NCHRP 20-102(07) Interim Report 156 State and Statutory Cite Text of Statute WY Stat. § 31-5-109 § 31-5-109 (1997 through Reg Sess) (a) This act does not prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from: (i) Regulating or prohibiting stopping, standing or parking; (ii) Regulating traffic by means of police officers, authorized flagmen or official traffic- control signals; (iii) Regulating or prohibiting processions or assemblages on the highways; (iv) Designating particular highways or roadways for use by traffic moving in one (1) direction as authorized by W.S. 31-5-208; (v) Repealed By Laws 2002, Ch. 68, 2. (vi) Designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction; (vii) Regulating the operation of bicycles and requiring the registration and licensing of bicycles, including the requirement of a registration fee; (viii) Regulating or prohibiting the turning of vehicles or specified types of vehicles; (ix) Altering or establishing speed limits as authorized by this act; (x) Requiring written accident reports as authorized by W.S. 31-5-1106; (xi) Designating no-passing zones as authorized in W.S. 31-5-207; (xii) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic as authorized in W.S. 31-5-213; (xiii) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic; (xiv) Establishing minimum speed limits as authorized by W.S. 31-5-304(b); (xv) Designating and regulating traffic on play streets; (xvi) Regulating persons propelling push carts; (xvii) Regulating persons upon skates, coasters, sleds, motorized skateboards and other toy vehicles; (xviii) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; (xix) Prohibiting drivers of ambulances from exceeding maximum speed limits; (xx) Adopting such other traffic regulations as are specifically authorized by this act. (b) No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the highway department. (c) No ordinance or regulation enacted under paragraphs (a)(iv), (v), (vi), (viii), (ix), (x), (xiii) or (xv) of this section is effective until official traffic-control devices giving notice of the local traffic regulations are erected upon or at the entrances to the highway or part thereof affected as may be most appropriate.

NCHRP 20-102(07) Interim Report 157 State and Statutory Cite Text of Statute CA Veh. § 21100 21100. Local authorities may adopt rules and regulations by ordinance or resolution regarding all of the following matters: (a) Regulating or prohibiting processions or assemblages on the highways. (b) Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire. (c) Regulating traffic by means of traffic officers. (d) Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400. (e) (1) Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority when official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow. (2) A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision. (f) Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority. (g) (1) Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers’ tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees. (2) The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcement’s limited resources. (3) This subdivision does not limit the authority of a city or city and county pursuant to Section 12111. (h) Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on public sidewalks.

NCHRP 20-102(07) Interim Report 158 State and Statutory Cite Text of Statute (i) Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety. (j) Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority. (k) (1) Regulating cruising. (2) The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution. (3) A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply: (A) That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval. (B) The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising. (l) Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650). (m) Regulating mobile billboard advertising displays, as defined in Section 395.5, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display, civil penalties, and misdemeanor criminal penalties, for a violation of the ordinance or resolution. The ordinance or resolution may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period. (n) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring one or more of the following documents: (1) A valid California driver’s license. (2) Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or an equivalent organization as determined by the local authority. (3) A valid California identification card and proof of successful completion of the written portion of the California driver’s license examination administered by the department. The department shall administer, without charging a fee, the original

NCHRP 20-102(07) Interim Report 159 State and Statutory Cite Text of Statute driver’s license written examination on traffic laws and signs to a person who states that he or she is, or intends to become, a pedicab operator, and who holds a valid California identification card or has successfully completed an application for a California identification card. If the person achieves a passing score on the examination, the department shall issue a certificate of successful completion of the examination, bearing the person’s name and identification card number. The certificate shall not serve in lieu of successful completion of the required examination administered as part of any subsequent application for a driver’s license. The department is not required to enter the results of the examination into the computerized record of the person’s identification card or otherwise retain a record of the examination or results. (o) (1) This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code. (2) This section does not preclude a local authority from enacting parking ordinances pursuant to existing authority in Chapter 9 (commencing with Section 22500) of Division 11. (p) (1) Regulating advertising signs on motor vehicles parked or left standing upon a public street. The ordinance or resolution may establish a minimum distance that the advertising sign shall be moved after a specified time period. (2) Paragraph (1) does not apply to any of the following: (A) Advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle. (B) If the license plate frame is installed in compliance with Section 5201, paper advertisements issued by a dealer contained within that license plate frame or any advertisements on that license plate frame. (3) As used in paragraph (2), “permanently affixed” means any of the following: (A) Painted directly on the body of a motor vehicle. (B) Applied as a decal on the body of a motor vehicle. (C) Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 and licensed pursuant to Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.  Back to Local Restrictions.

NCHRP 20-102(07) Interim Report 160 Table A13. Examples of “Occupant Safety” Requirements in State Codes State and Statutory Cite Text of Statute CA Vehicle §§ 15620, 40000.15 15620. (a) A parent, legal guardian, or other person responsible for a child who is 6 years of age or younger may not leave that child inside a motor vehicle without being subject to the supervision of a person who is 12 years of age or older, under either of the following circumstances: (1) Where there are conditions that present a significant risk to the child’s health or safety. (2) When the vehicle’s engine is running or the vehicle’s keys are in the ignition, or both. (b) A violation of subdivision (a) is an infraction punishable by a fine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged and the court, instead, refers the defendant to a community education program that includes education on the dangers of leaving young children unattended in motor vehicles, and provides certification of completion of that program. Upon completion of that program, the defendant shall provide that certification to the court. The court may, at its discretion, require any defendant described in this section to attend an education program on the dangers of leaving young children unattended in motor vehicles. (c) Nothing in this section shall preclude prosecution under both this section and Section 192 of the Penal Code, or Section 273a of that code, or any other provision of law. (d) (1) Subdivision (b) and Section 40000.1 do not apply if an unattended child is injured or medical services are rendered on that child because of a violation described in subdivision (a). (2) Nothing in this subdivision precludes prosecution under any other provision of law. 40000.15. NM Stat. § 66-7- 369 66-7-369. Child passenger restraint; enforcement. A. A person shall not operate a passenger car, van or pickup truck in this state, except for an authorized emergency vehicle, public transportation or a school bus, unless all passengers less than eighteen years of age are properly restrained. B. Each person less than eighteen years of age shall be properly secured in a child passenger restraint device or by a safety belt, unless all seating positions equipped with safety belts are occupied, as follows: (1) children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side air

NCHRP 20-102(07) Interim Report 161 State and Statutory Cite Text of Statute bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag; (2) children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards; (3) children five years of age through six years of age, regardless of weight, or children who weigh less than sixty pounds, regardless of age, shall be properly secured in either a child booster seat or an appropriate child passenger restraint device that meets federal standards; and (4) children seven years of age through twelve years of age shall be properly secured in a child passenger restraint device or by a seat belt. C. A child is properly secured in an adult seat belt when the lap belt properly fits across the child's thighs and hips and not the abdomen. The shoulder strap shall cross the center of the child's chest and not the neck, allowing the child to sit all the way back against the vehicle seat with knees bent over the seat edge. D. Failure to be secured by a child passenger restraint device, by a child booster seat or by a safety belt as required by this section shall not in any instance constitute fault or negligence and shall not limit or apportion damages. PA Consolidated Stat. Ann. § 4581 § 4581. Restraint systems. (a) Occupant protection. – (1) (i) Except as provided under subparagraph (ii), any person who is operating a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor home and who transports a child under four years of age anywhere in the motor vehicle, including the cargo area, shall fasten such child securely in a child passenger restraint system, as provided in subsection (d). (ii) Any person who is operating a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor home and who transports a child under two years of age anywhere in the motor vehicle shall fasten such child securely in a rear-facing child passenger restraint system, to be used until the child outgrows the maximum weight and height limits designated by the manufacturer, as provided in subsection (d). (iii) This paragraph shall apply to all persons while they are operators of motor vehicles where a seating position is available which is equipped with a seat safety belt or other means to secure the systems or where the seating position was originally equipped with seat safety belts. (1.1) Any person who is operating a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor home and who transports a child four years of age or older but under eight years of age anywhere in the motor vehicle, including the cargo area, shall fasten such child securely in a fastened safety seat belt system and in an appropriately fitting child booster seat, as provided in subsection (d). This paragraph shall apply to all persons while they

NCHRP 20-102(07) Interim Report 162 State and Statutory Cite Text of Statute are operators of motor vehicles where a seating position is available which is equipped with a seat safety belt or other means to secure the systems or where the seating position was originally equipped with seat safety belts. (2) (i) The driver of a passenger car, Class I truck, Class II truck or motor home operated in this Commonwealth shall: (A) if under 18 years of age, be secured in a properly adjusted and fastened safety seat belt system; and (B) secure or cause to be secured in a properly adjusted and fastened safety seat belt every vehicle occupant eight years of age or older but under 18 years of age. (ii) Except for children under 18 years of age and except as provided in paragraphs (1) and (1.1) and subparagraph (i), each driver and front seat occupant of a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor home operated in this Commonwealth shall wear a properly adjusted and fastened safety seat belt system. (iii) This paragraph shall not apply to: (A) A driver or front seat occupant of any vehicle manufactured before July 1, 1966. (B) A driver or front seat occupant who possesses a written verification from a physician that he is unable to wear a safety seat belt system for physical or medical reasons, or from a psychiatrist or other specialist qualified to make an informed judgment that he is unable to wear a safety seat belt system for psychological reasons. (C) A rural letter carrier while operating any motor vehicle during the performance of his duties as a United States postal service rural letter carrier only between the first and last delivery points. (D) A driver who makes frequent stops and is traveling less than 15 miles per hour for the purpose of delivering goods or services while in the performance of his duties and only between the first and last delivery points. (iv) A violation of this paragraph shall not be subject to the assessment of any points under section 1535 (relating to schedule of convictions and points). (3) Notwithstanding the provisions of section 1503(c)(2.1) (relating to persons ineligible for licensing; license issuance to minors; junior driver's license), a driver who is under 18 years of age may not operate a motor vehicle in which the number of passengers exceeds the number of available safety seat belts in the vehicle. (b) Offense. – Anyone who fails to comply with the provisions of subsection (a)(1) or (1.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $75. The court imposing and collecting any such fines shall transfer the fines thus collected to the State Treasurer for deposit in the Child Passenger Restraint Fund, pursuant to section 4582 (relating to Child Passenger Restraint Fund). Anyone who violates subsection (a)(2) or (3) commits a summary offense

NCHRP 20-102(07) Interim Report 163 State and Statutory Cite Text of Statute and shall, upon conviction, be sentenced to pay a fine of $10. No person shall be convicted of a violation of subsection (a)(2)(ii) unless the person is also convicted of another violation of this title which occurred at the same time. No costs as described in 42 PAC.S. § 1725.1 (relating to costs) shall be imposed for summary conviction of subsection (a)(2) or (3). Conviction under this subsection shall not constitute a moving violation. (c) Waiver of fine. – If a person receives a citation issued by the proper authority for violation of subsection (a)(1) or (1.1), a magisterial district judge, magistrate or judge shall dismiss the charges if the person prior to or at the person's hearing displays evidence of acquisition of a child passenger restraint system or child booster seat to such magisterial district judge, magistrate or judge. Sufficient evidence shall include a receipt mailed to the appropriate court officer which evidences purchase, rental, transferal from another child seat owner (evidenced by notarized letter) or bailment from a bona fide loaner program of a child passenger restraint system or child booster seat. (d) Standards. – (1) A child passenger restraint system shall be used as designated by the manufacturer of the system in motor vehicles equipped with seat safety belts and shall meet the Federal Motor Vehicle Safety Standard (49 Code of Federal Regulations (CFR) § 571.213). (2) A child booster seat shall be used as designated by the manufacturer of the system in motor vehicles equipped with seat safety belts and shall meet the Federal Motor Vehicle Safety Standard (49 CFR § 571.213) that is designed to elevate a child to properly sit in a federally approved safety seat belt system. (e) Civil actions. – In no event shall a violation or alleged violation of this subchapter be used as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any conduct did constitute or could be interpreted by them to constitute a violation of this subchapter; nor shall failure to use a child passenger restraint system, child booster seat or safety seat belt system be considered as contributory negligence nor shall failure to use such a system be admissible as evidence in the trial of any civil action; nor shall this subchapter impose any legal obligation upon or impute any civil liability whatsoever to an owner, employer, manufacturer, dealer or person engaged in the business of renting or leasing vehicles to the public to equip a vehicle with a child passenger restraint system or child booster seat or to have such child passenger restraint system or child booster seat available whenever their vehicle may be used to transport a child. (f) Criminal proceedings. – The requirements of this subchapter or evidence of a violation of this subchapter are not admissible as evidence in a criminal proceeding except in a proceeding for a violation of this subchapter. No criminal

NCHRP 20-102(07) Interim Report 164 State and Statutory Cite Text of Statute proceeding for the crime of homicide by vehicle shall be brought on the basis of noncompliance with this subchapter. (g) Exemptions. – Exemptions will be allowed if it is determined, according to the rules and regulations of the department, that the use of a child passenger restraint system or child booster seat would be impractical for physical reasons including, but not limited to, medical reasons or size of the child. (h) Insurance. – An insurer may not charge an insured who has been convicted of a violation of this section a higher premium for a policy of insurance in whole or in part by reason of that conviction. (Nov. 23, 1987, P.L.399, No.82, eff. imd.; June 22, 1993, P.L.101, No.22, eff. 60 days; June 25, 1999, P.L.164, No.23; Dec. 23, 2002, P.L.1982, No.229, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 25, 2011, P.L.334, No.81, eff. 60 days; June 13, 2016, P.L.336, No.43, eff. 60 days) 2016 Amendment. Act 43 amended subsec. (a)(1), (1.1) and (2)(i). See section 3 of Act 43 in the appendix to this title for special provisions relating to duties of law enforcement officials. 2011 Amendment. Act 81 amended subsecs. (a) and (b). 2004 Amendment. Act 207 amended subsec. (c). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1987 Amendment. See sections 8, 9 and 10 of Act 82 in the appendix to this title for special provisions relating to compatibility with Federal safety standards, seat belt educational program and seat belt oral hazard warnings. Cross References. Section 4581 is referred to in sections 3527, 3594, 4582, 4586 of this title. VA Stat. § 46.2- 1095 § 46.2-1095. A. Any person who drives on the highways of Virginia any motor vehicle manufactured after January 1, 1968, shall ensure that any child, up to age eight, whom he transports therein is provided with and properly secured in a child restraint device of a type which meets the standards adopted by the United States Department of Transportation. Further, rear-facing child restraint devices shall be placed in the back seat of a vehicle. In the event the vehicle does not have a back seat, the child restraint device may be placed in the front passenger seat only if the vehicle is either not equipped with a passenger side airbag or the passenger side airbag has been deactivated. B. Any person transporting another person less than 18 years old, except for those required pursuant to subsection A to be secured in a child restraint device, shall ensure that such person is provided with and properly secured by an appropriate safety belt system when driving on the highways of Virginia in any motor vehicle manufactured after January 1, 1968, equipped or required by the provisions of this title to be equipped with a safety belt system, consisting of lap belts, shoulder harnesses, combinations thereof or similar devices.

NCHRP 20-102(07) Interim Report 165 State and Statutory Cite Text of Statute C. A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages in a civil action. D. A violation of this section may be charged on the uniform traffic summons form. E. Nothing in this section shall apply to taxicabs, school buses, executive sedans, or limousines.  Back to Occupant Safety. Table A14. General Design Considerations Topic Subtopics State Reference Comments Design Speeds Selecting design speed; posted speed; operating speed Nevada Section 2.5 – page 7 Level 4–5 ADS-equipped vehicles may have greater capacity for higher operating speeds than human drivers, given an increased level of automation and sensor technology, thus creating the potential for higher design speeds. Conversely, many C/ADSs may travel at slower speeds in more complex environments, in order to ensure safety. Speed posting authorizations (some of which are set by state legislatures) will require modifications over time. Nebraska Chapter 1 – page 10 South Dakota N/A Wyoming Chapter 3- 01 New Mexico Section 1000.4.4 California Section 101 Texas N/A Utah N/A Sight Distance Stopping, passing, intersection, and decision sight distance Nevada Section 2.12 – pages 11- 12 Not being reliant on human sight but on V2V and V2I technologies, level 4–5 ADS-equipped vehicles may have greater detection capabilities and therefore stopping capacity than human drivers, potentially reducing design specifications related to sight distance. Discussions between DOTs, DMVs and state legislators, including the authorization for Nebraska Chapter 1- 6.C South Dakota N/A

NCHRP 20-102(07) Interim Report 166 Topic Subtopics State Reference Comments Wyoming N/A research to determine new minimum categories will be required. New Mexico Section 1000.4.9 California Section 201 Texas N/A Utah N/A  Back to General Design Considerations. Table A15. Geometric Alignment Topic Subtopics State Reference Comments Horizontal Alignment Compound curves; curve length; reversing curves Nevada Section 2.2 – page 6 Level 4–5 ADS-equipped vehicles will likely have greater control capabilities steering through curves than a human driver and will not be reliant on human sight, potentially relaxing requirements for horizontal curve design elements (e.g., superelevation). DOT design manuals, and AASHTO manuals will require modification as the level 4–5 ADS- equipped vehicle fleet moves to very high penetration rates. Nebraska Chapter 3- 2 South Dakota Chapter 5 Wyoming Chapter 3- 02 New Mexico Section 1000.5.1-3 California Section 203 Texas N/A Utah N/A Vertical Alignment K-value; crest; sag; grade Nevada Section 2.3 – page 6 Level 4–5 ADS-equipped vehicles will likely have greater control capabilities than a human driver and will not be reliant on human sight, potentially relaxing requirements for vertical curves in regards to stopping sight distance. DOT design manuals, and AASHTO manuals will require modification as the level 4–5 ADS- Nebraska Chapter 3- 3 South Dakota Chapter 6

NCHRP 20-102(07) Interim Report 167 Topic Subtopics State Reference Comments Wyoming Chapter 3- 02 equipped vehicle fleet moves to very high penetration rates. New Mexico Section 1000.5.5 California Section 204 Texas N/A Utah N/A Super- elevation Nevada Section 2.13 – page 12 Level 4–5 ADS-equipped vehicles will likely have greater control capabilities steering through curves than a human driver, potentially allowing for higher rates of superelevation for curved roads. DOT design manuals, and AASHTO manuals will require modification as the level 4–5 ADS-equipped vehicle fleet moves to very high penetration rates. Nebraska Chapter 3- 2.B South Dakota Chapter 6 Wyoming Chapter 3- 02 New Mexico Section 1000.5.4 California Section 202 Texas N/A Utah N/A  Back to Geometric Alignment. Table A16. Geometric Cross Section Topic Subtopics State Reference Comments Lane Width Nevada Section 2.9 – pages 9- 10 Level 4–5 ADS-equipped vehicles may not require the same lane widths, as lanes could be narrowed

NCHRP 20-102(07) Interim Report 168 Topic Subtopics State Reference Comments Nebraska Chapter 6- 1.A to 11’ or 10’ due to safer and more controlled vehicle operations. South Dakota Chapter 7 Wyoming Chapter 3- 04 New Mexico Section 1000.6.1 California Section 301.1 Texas N/A Utah N/A Medians Nevada Section 2.10 – page 10 Given their sophisticated lane detection technologies, level 4–5 ADS-equipped vehicles may not require medians to be very wide, particularly in the case of two-way left-turn lanes. Similarly, medians as a barrier between high-speed traffic may become less necessary, as would designing side slopes to accommodate out-of-control vehicles. Nebraska Chapter 4- 5.B South Dakota Chapter 7 Wyoming Chapter 3- 04 New Mexico N/A California Section 305 Texas N/A Utah N/A Shoulders Nevada Section 2.11 – pages 10 Level 4–5 ADS-equipped vehicles may not require the same shoulder widths due to safer and more controlled operations. Discussions between DOTs, DMVs and state legislators, including the Nebraska Chapter 6- 2.A

NCHRP 20-102(07) Interim Report 169 Topic Subtopics State Reference Comments South Dakota Chapter 7 authorization for research to determine new minimum shoulder widths will be required. Wyoming Chapter 3- 04 New Mexico Section 1000.6.3 California Section 302 Texas N/A Utah N/A Bike Lanes Nevada Section 3.6 – page 17 Since level 4–5 ADS-equipped vehicles may allow for narrower lane and shoulder widths due to superior operations, this may allow for extra space for bicycle infrastructure, and sidewalks. Nebraska Chapter 4- 1.C.11 South Dakota Chapter 7 Wyoming N/A New Mexico Section 1000.4.7 California Section 1003 Texas N/A Utah N/A  Back to Geometric Cross Section. Table A17. Intersection and Interchange Design Topic Subtopics State Reference Comments Intersection Design Intersection angle, grade, turning radius Nevada Section 2.7 – page 7 If both the vehicle and road are equipped with V2V and V2I communication capabilities, level 4–5 ADS-equipped vehicles may not require the same Nebraska Chapter 4- 1.C

NCHRP 20-102(07) Interim Report 170 Topic Subtopics State Reference Comments South Dakota Chapter 12 intersection design standards to preserve line of sight or turning radii. However, if 100% of vehicles do not have V2I and V2V capabilities relative to those of level 4–5 ADS-equipped vehicles, it may not be feasible for these to change. Wyoming N/A New Mexico Section 1000.7 California Section 405 Texas N/A Utah N/A Interchange Design Design speed; ramp width and length; sight distance; ramp tapers; terminal spacing. Nevada Section 2.18 – pages 13- 14 Level 4–5 ADS-equipped vehicles may accelerate and merge onto highways more efficiently and/or effectively, potentially allowing for changes in ramp length, tapers, and terminal spacing between on and off-ramps. Nebraska N/A South Dakota Chapters 13; 16 Wyoming Chapter 8- 01 New Mexico N/A California Section 504 Texas N/A Utah N/A  Back to Intersection Design. Table A18. Roadway Design Features Topic Subtopics State Reference Comments Raised Features Curb height; curb and barrier placement. Nevada Section 2.17 – page 13 Due to superior lane detection capabilities, level 4–5 ADS-equipped vehicles may necessitate less need for raised curbs or medians designed to specify parking/loading Nebraska Chapter 4- 5.A

NCHRP 20-102(07) Interim Report 171 Topic Subtopics State Reference Comments South Dakota Chapter 7 locations and/or obstruct out-of-control vehicles. Wyoming N/A New Mexico Section 1200.11 California N/A Texas N/A Utah N/A Roadside Design Roadside obstacles/ obstructions; slopes. Nevada Section 2.20 – pages 14- 15 Due to superior lane detection capabilities, level 4–5 ADS-equipped vehicles are less likely to leave the road and reduce the need for roadside barriers. Nebraska Chapter 6-9 South Dakota Chapter 10 Wyoming Section 1000.6.7 New Mexico N/A California Section 107 Texas N/A Utah N/A Roadside Barriers Barrier Rails; Cable Rails; Guardrails. Nevada Section 3 – pages 16-17; 22 Due to superior lane detection capabilities, level 4–5 ADS-equipped vehicles are less likely to leave the road and may necessitate less need for roadside barriers. Nebraska Chapter 9 South Dakota Chapter 10; 15 Wyoming N/A New Mexico N/A

NCHRP 20-102(07) Interim Report 172 Topic Subtopics State Reference Comments California Section 210 Texas N/A Utah N/A Rumble Strips Shoulder; edge line; centerline. Nevada Section 3.29 – page 26 Given their sophisticated lane detection capabilities, level 4–5 ADS-equipped vehicles may not require rumble strips so the preconditions necessitating them may change. Nebraska Chapter 8-7 South Dakota N/A Wyoming N/A New Mexico Section 910.5.4.13 California N/A Texas N/A Utah N/A  Back to Roadway Design. Table A19. Road Signage and Traffic Control Topic Subtopics State Reference Comments Markings/ Striping Striping width; temporary and permanent striping/ marking. Nevada Section 3.35 – page 27 Level 4–5 ADS-equipped vehicles rely on roadway markings to guide navigation. Agencies should research and create guidance on the types of materials to be used for roadway construction and maintenance, to ensure the long-term effectiveness of roadway markings/striping. Nebraska Chapter 14-3 South Dakota N/A Wyoming N/A New Mexico Section 910.5.3 California Part 3 Texas N/A Utah N/A

NCHRP 20-102(07) Interim Report 173 Topic Subtopics State Reference Comments Roadway Signs Nevada Section 3 – pages 22- 24 Authorization for the types of signage to be modified for level 4–5 ADS-equipped vehicles will need to be developed through AASHTO. This could be an online data file that compiles all roadway signs, and would also be updated daily for construction and maintenance operations. This will require cooperation between state DOTs and cities and counties depending on who is responsible for placement of signs, with authorization provided through statute to conduct these activities. Nebraska Chapter 14-2 South Dakota N/A Wyoming N/A New Mexico Section 910.4 California Part 2 Texas N/A Utah N/A Traffic Control Devices Signals; cones & drums; temporary lane change/width reduction; speed reductions. Through use of V2I and V2V technologies associated with connected vehicles, level 4–5 ADS-equipped vehicles would have more advance knowledge of signal changes or traffic control operations than would human drivers. However, states should utilize SAE standardization criteria to develop guidance related to V2I messages from traffic control devices that may be used. Nebraska Chapter 4- 1.E South Dakota Chapter 15 Wyoming N/A New Mexico Section 1100 California Section 110.7 Part 4, Part 6 Texas N/A Utah N/A  Back to Roadway Signage and Traffic Control. Table A20. Examples of State Codes That Do Not Require Complete Confidentiality for Certain Types of Motor Vehicle Information State and Statutory Cite Text of Statute CA Veh. Code § 1808.23 Section 1808.23. (Amended by Stats. 1996, Ch. 440, Sec. 3.) Cite as: CA Veh. Code §1808.23. (a)Section 1808.21 does not apply to a vehicle manufacturer licensed to do business in this state if the manufacturer, or its agent, under penalty of perjury, requests and uses the information only for the purpose of safety, warranty, including a warranty issued

NCHRP 20-102(07) Interim Report 174 State and Statutory Cite Text of Statute in compliance with Section 1795.92 of the Civil Code, emission, or product recall if the manufacturer offers to make and makes any changes at no cost to the vehicle owner. (b)Section 1808.21 does not apply to a dealer licensed to do business in this state if the dealer, or its agent, under penalty of perjury, requests and uses the information only for the purpose of completing registration transactions and documents. (c)Section 1808.21 does not apply to a person who, under penalty of perjury, requests and uses the information as permitted under subdivision (h) of Section 1798.24 of the Civil Code, if the request specifies that no persons will be contacted by mail or otherwise at the address included with the information released. The information released by the department under this subdivision shall not be in a form that identifies any person. (d)Residential addresses released shall not be used for direct marketing or solicitation for the purchase of any consumer product or service. NM Stat. Ann. § 66-2- 7.1 66-2-7.1. A. It is unlawful for any department or bureau employee or contractor or for any former department or bureau employee or contractor to disclose to any person other than another employee of the department or bureau any personal information about an individual obtained by the department or bureau in connection with a driver's license or permit, the titling or registration of a vehicle, the administration of the Ignition Interlock Licensing Act [66-5-501 NMSA 1978] and the interlock device fund or an identification card issued by the department pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978] except: (1) to the individual or the individual's authorized representative; (2) for use by any governmental agency, including any court, in carrying out its functions or by any private person acting on behalf of the government; (3) for use in connection with matters of motor vehicle and driver safety or theft; motor vehicle emissions; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; motor vehicle production alterations, recalls or advisories; and removal of non-owner records from original owner records of motor vehicle manufacturers; (4) for use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed or used to contact individuals; (5) for use by any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting; (6) for providing notice to owners of towed or impounded vehicles; (7) for use by an employer or its agent or insurer in obtaining or verifying information relating to a holder of a commercial driver's license; (8) for use by any requester if the requester demonstrates that it has obtained the written consent of the individual to whom the information pertains;

NCHRP 20-102(07) Interim Report 175 State and Statutory Cite Text of Statute (9) for use by an insured state-chartered or federally chartered credit union; an insured state or national bank; an insured state or federal savings and loan association; or an insured savings bank, but only: (a) to verify the accuracy of personal information submitted by an individual to the credit union, bank, savings and loan association or savings bank; and (b) if the information as submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest from the individual; (10) for providing organ donor information as provided in the Uniform Anatomical Gift Act [repealed] or Section 66-5-10 NMSA 1978; or (11) for providing the names and addresses of all lienholders and owners of record of abandoned vehicles to storage facilities or wrecker yards for the purpose of providing notice as required in Section 66-3-121 NMSA 1978. B. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. OH Rev. Code § 4501.27 4501.27 Confidentiality. (A) Except as provided in division (B) of this section, on and after September 13, 1997, the registrar of motor vehicles, and any employee or contractor of the bureau of motor vehicles, shall not knowingly disclose or otherwise make available to any person or entity any personal information about an individual that the bureau obtained in connection with a motor vehicle record. (B) (1) On and after September 13, 1997, the registrar, or an employee or contractor of the bureau of motor vehicles, shall disclose personal information, other than sensitive personal information, about an individual that the bureau obtained in connection with a motor vehicle record, for use in connection with any of the following matters to carry out the purposes of any specified federal automobile-related act: (a) Motor vehicle or driver safety and theft; (b) Motor vehicle emissions; (c) Motor vehicle product alterations, recalls, or advisories; (d) Performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; (e) Removal of non-owner records from the original owner records of motor vehicle manufacturers. (2) In addition to the disclosure required under division (B)(1) of this section, on and after September 13, 1997, the registrar, or an employee or contractor of the bureau of motor vehicles, may disclose personal information, other than sensitive personal information, about an individual that the bureau obtained in connection with a motor vehicle record, as follows:

NCHRP 20-102(07) Interim Report 176 State and Statutory Cite Text of Statute (a) For the use of a government agency, including, but not limited to, a court or law enforcement agency, in carrying out its functions, or for the use of a private person or entity acting on behalf of an agency of this state, another state, the United States, or a political subdivision of this state or another state in carrying out its functions; (b) For use in connection with matters regarding motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including, but not limited to, survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers; (c) For use in the normal course of business by a legitimate business or an agent, employee, or contractor of a legitimate business, but only for one of the following purposes: (i) To verify the accuracy of personal information submitted to the business, agent, employee, or contractor by an individual; (ii) If personal information submitted to the business, agent, employee, or contractor by an individual is incorrect or no longer is correct, to obtain the correct information, but only for the purpose of preventing fraud, by pursuing legal remedies against, or recovering on a debt or security interest against, the individual. (d) For use in connection with a civil, criminal, administrative, or arbitral proceeding in a court or agency of this state, another state, the United States, or a political subdivision of this state or another state or before a self-regulatory body, including, but not limited to, use in connection with the service of process, investigation in anticipation of litigation, or the execution or enforcement of a judgment or order; (e) Pursuant to an order of a court of this state, another state, the United States, or a political subdivision of this state or another state; (f) For use in research activities or in producing statistical reports, provided the personal information is not published, redisclosed, or used to contact an individual; (g) For use by an insurer, insurance support organization, or self-insured entity, or by an agent, employee, or contractor of that type of entity, in connection with any claims investigation activity, anti-fraud activity, rating, or underwriting; (h) For use in providing notice to the owner of a towed, impounded, immobilized, or forfeited vehicle; (i) For use by any licensed private investigative agency or licensed security service for any purpose permitted under division (B)(2) of this section; (j) For use by an employer or by the agent or insurer of an employer to obtain or verify information relating to the holder of a commercial driver's license or permit that is required under the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207- 170, 49 U.S.C. 2701, et seq., as now or hereafter amended; (k) For use in connection with the operation of a private toll transportation facility;

NCHRP 20-102(07) Interim Report 177 State and Statutory Cite Text of Statute (l) For any use not otherwise identified in division (B)(2) of this section that is in response to a request for individual motor vehicle records, if the individual whose personal information is requested completes and submits to the registrar or deputy registrar a form prescribed by the registrar by rule giving express consent to such disclosures. (m) For bulk distribution for surveys, marketing, or solicitations, if the individual whose personal information is requested complete and submits to the registrar or a deputy registrar a form prescribed by the registrar by rule giving express consent to such disclosures. (n) For use by a person, state, or state agency that requests the information, if the person, state, or state agency demonstrates that it has obtained the written consent of the individual to whom the information pertains; (o) For any other use specifically authorized by law that is related to the operation of a motor vehicle or to public safety. (3) (a) Except as provided in division (B)(3)(b) of this section, the registrar, or an employee or contractor of the bureau of motor vehicles, may disclose sensitive personal information about an individual that the bureau obtained in connection with a motor vehicle record, only if either of the following conditions are satisfied: (i) The individual whose personal information is requested completes and submits to the registrar or deputy registrar a form prescribed by the registrar by rule giving express consent to such disclosure; (ii) The disclosure is for one or more of the purposes described in division (B)(2)(a), (d), (g), or (j) of this section. (b) Division (B)(3)(a) of this section does not apply to the disclosure of sensitive personal information that is subject to section 4501.15 or 4507.53 of the Revised Code. (C) On and after September 13, 1997, an authorized recipient of personal information about an individual that the bureau of motor vehicles obtained in connection with a motor vehicle record, other than a recipient under division (B)(2)(l) or (m) of this section, may resell or redisclose the personal information only for a use permitted under division (B)(1), (B)(2)(a) to (k), (B)(2)(n), or (B)(2)(o) of this section. On and after September 13, 1997, an authorized recipient of personal information about an individual under division (B)(2)(l) of this section may resell or redisclose the information for any purpose. On and after September 13, 1997, an authorized recipient of personal information under division (B)(2)(m) of this section may resell or redisclose the information as specified pursuant to that division. On and after September 13, 1997, an authorized recipient of personal information about an individual under division (B) of this section, other than a recipient under division (B)(2)(l) of this section, that resells or rediscloses any personal information covered by

NCHRP 20-102(07) Interim Report 178 State and Statutory Cite Text of Statute this section must keep for a period of five years a record that identifies each person or entity that receives any of the personal information and the permitted purpose for which the information is to be used, and must make all such records available to the registrar of motor vehicles upon the registrar's request. (D) The registrar may establish and carry out procedures under which the registrar or the registrar's agents, upon receipt of a request for personal information on or after September 13, 1997, that does not satisfy any of the criteria for disclosure of the information that are set forth in division (B)(1) or (2) of this section, may notify the individual about whom the information was requested, by regular mail, that the request was made. Any procedures so adopted shall provide that, if the registrar or an agent of the registrar mails the notice to the individual, the registrar or agent shall include with the notice a copy of the request and conspicuously shall include in the notice a statement that the information will not be released unless the individual waives the individual's right to privacy regarding the information that is granted under this section. (E) The registrar of motor vehicles may adopt any forms and rules, consistent with but no more restrictive than the requirements of Public Law No. 130-322, Title XXX, 18 U.S.C. 2721 - 2725, that are necessary to carry out the registrar's duties under this section on and after September 13, 1997. (F) As used in this section: (1) "Motor vehicle record" means a record that pertains to a motor vehicle driver's or commercial driver's license or permit, a motor vehicle certificate of title, a motor vehicle registration or motor vehicle identification license plates, or an identification card issued by the bureau of motor vehicles. (2) "Person" has the same meaning as in section 1.59 of the Revised Code and does not include this state, another state, or an agency of this state or another state. (3) "Personal information" means information that identifies an individual, including, but not limited to, an individual's photograph or digital image, social security number, driver or driver's license identification number, name, telephone number, or medical or disability information, or an individual's address other than the five-digit zip code number. "Personal information" does not include information pertaining to a vehicular accident, driving or traffic violation, or driver's status. (4) "Specified federal automobile-related act" means the "automobile information disclosure act," 72 Stat. 325, 15 U.S.C. 1231 - 1233, the "Motor Vehicle Information and Cost Saving Act," 86 Stat. 947, 15 U.S.C. 1901, et seq., the "National Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 718, 15 U.S.C. 1381, et seq., the "Anti-car Theft Act of 1992," 106 Stat. 3384, 15 U.S.C. 2021, et seq., and the "Clean Air Act," 69 Stat. 322, 42 U.S.C. 7401, et seq., all as now or hereafter amended. (5) "Sensitive personal information" means an individual's photograph or digital image, social security number, or medical or disability information.

NCHRP 20-102(07) Interim Report 179  Back to Private Data Protections.