agency-4501-2•Ohio Administrative Code 4501:2 — Department of Public Safety | State Highway Patrol
Ohio Administrative Code 4501:2 — Department of Public Safety | State Highway Patrol
agency-4501-2Ohio Adm.Code 4501:2Regulation
Chapter 4501:2-1 Motor Vehicle Inspection
Ohio Adm.Code 4501:2-1-01 Requirements for inspection stations operated by political subdivisions.
All political subdivisions engaging in motor vehicle inspection shall have proper tools, equipment and trained personnel competent to inspect:
All types of brakes, including an adequate brake testing area unless mechanical testing devices are used, all lights and turn signals, steering mechanism, horns and warning devices, windshield and all window glass, mirrors, exhaust system, windshield wipers, tires and/or any other equipment as required by this chapter of the Administrative Code.
Last updated July 8, 2025 at 9:48 AM
History
- Effective: June 23, 2011
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-02 Equipment to be inspected.
(A) All political subdivisions engaging in motor vehicle inspection shall inspect and test each motor vehicle to determine if it is unsafe, if it is not equipped as required by law, and if its equipment is not in proper adjustment or repair, or in violation of the equipment provisions of this chapter of the Administrative Code or Chapter 4513. of the Revised Code.
(B) Such inspection shall be made with respect to the brakes, lights, turn signals, steering, horns and warning devices, glass, mirrors, exhaust system, windshield wipers, tires and such other items of equipment as designated by the superintendent of the Ohio state highway patrol by rules or regulations adopted pursuant to sections 119.01 to 119.13 of the Revised Code. All inspections shall be conducted in accordance with this chapter of the Administrative Code.
Last updated July 8, 2025 at 9:48 AM
History
- Effective: June 23, 2011
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-03 Retention of records by political subdivisions.
All political subdivisions of this state engaging in motor vehicle inspection shall maintain records in a form specified by the superintendent of the Ohio state highway patrol which will include the following: class of vehicle, date of inspection, make of vehicle, model year, license plate number displayed on the vehicle, defects by category, identification of inspector and mileage or odometer reading on the vehicle. A copy of such records shall be forwarded to the superintendent of the Ohio state highway patrol, as required by the superintendent.
Last updated July 8, 2025 at 11:10 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-04 Issuance of safety sticker - type sticker.
(A) All political subdivisions of this state engaging in motor vehicle inspection, upon determining that a vehicle complies with the requirements of Chapter 4513. of the Revised Code and the rules of this chapter shall affix a safety sticker to the windshield of said vehicle.
(B) The safety sticker shall be affixed in compliance with section 4513.24 of the Revised Code. Said safety sticker shall meet the following specifications:
(1) Shall be of such type to prevent it from being removed from the windshield of the vehicle without being destroyed.
(2) Shall be of a size not exceeding two and three-quarter inches by two and three-quarter inches.
(3) Shall include the following information: Calendar year, month inspection made, a numerical serial number and identification of issuing inspection station.
(4) In lieu of producing its own inspection decal that meets the requirements of paragraphs (B)(1) to (B)(3 ) of this rule, an official motor vehicle inspection station authorized to conduct official motor vehicle inspections by the Ohio state highway patrol may use the motor vehicle inspection decal issued to the inspection station by the Ohio state highway patrol.
Last updated July 8, 2025 at 11:10 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.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.
Last updated July 8, 2025 at 11:10 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-06 Motor vehicle equipment standards for tires.
All tires shall have a minimum of one sixteenth of one inch depth of tread on the road surface. All tires shall be free of major bumps or bulges, breaks, thrown tread or any condition which would constitute an unsafe condition.
Last updated July 8, 2025 at 11:11 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-07 Motor vehicle equipment standards for wheels & rims.
Wheel rims shall not be badly bent or twisted. Wheel bolts, nuts, studs, or lugs shall not be loose, missing or damaged.
Last updated July 8, 2025 at 11:11 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-08 Motor vehicle equipment standards for brakes.
(A) Definitions:
(1) "Service brake" means the primary brake for retarding, stopping and controlling a vehicle.
(2) "Emergency brake" means a brake system independent in application from the service brake used for stopping or holding a vehicle in an emergency or while parked.
(3) "Pedal reserve" means the amount of total pedal travel left in reserve when the pedal is depressed to the "brake applied" position.
(B) Brakes will be inspected to determine if:
(1) There is sufficient brake pedal. Hydraulic brake system shall be tested with vehicle in a stopped position. Driver should be able to maintain brake pedal height under moderate foot force (forty to sixty pounds) for one minute.
(2) There is sufficient brake pedal reserve. With a vehicle in stopped position and the brake pedal depressed under moderate foot force (forty to sixty pounds for nonpowered systems and fifteen to twenty pounds in power assisted systems) there shall be a minimum of approximately one-third of the total available pedal travel (manufacturers specification) remaining on nonpower assisted systems. On power assisted systems, checking with motor running, there shall be one-fifth or more of the total available pedal travel remaining when pedal is depressed under moderate foot force.
(3) The service brake shall stop the vehicle in the distance required by law. Visual inspection shall be made for leakage of brake cylinders on all wheels. The test may be made using a mechanical testing device approved by the Superintendent of the Ohio State Highway Patrol, or on a level, dry, smooth, hard surface, free of loose material, oil or grease, using the service brake only to stop the vehicle.
Vehicles having brakes on all wheels shall come to a stop in thirty feet or less from a speed of twenty miles per hour. Vehicles not having brakes on all wheels shall come to a stop in forty feet or less from a speed of twenty miles per hour.
(4) The emergency brake shall hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material and shall be adequate to stop the vehicle in event the service brake should fail.
The emergency brake shall hold the vehicle in stopped position when less than two-thirds of the actuator stroke is used. A test shall be made by setting the emergency brake and then attempting to move the vehicle in forward gear at an idle.
Last updated July 8, 2025 at 11:11 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-09 Motor vehicle equipment standards for lighting.
(A) Headlights - Every motor vehicle, other than a motorcycle, shall be equipped with at least two headlights with at least one near each side of the front of the motor vehicle. Said lights shall be in working order. Every motorcycle shall be equipped with at least one and not more than two headlights, in working order. All headlights shall conform to the standards set forth under section 4513.14 of the Revised Code. Every motor vehicle having multiple beam road lighting equipment shall be equipped with a beam indicator required in division (A)(2) of section 4513.15 of the Revised Code in working order.
(B) Focus and aim of headlights - The focus and aim of every headlight shall comply with the requirements of section 4513.19 of the Revised Code.
(C) Color of lights - No vehicle shall be equipped with a light of any color other than white or amber mounted on the front nor shall any vehicle be equipped with a light of any color other than red mounted on the rear, with the exception of turn signals, warning lamps and backup lamps, thereof: except those operating under special permits pursuant to section 4513.34 of the Revised Code; public safety vehicles, emergency vehicles, disabled vehicles, school buses, traffic line stripers, snow plows, rural mail delivery vehicles, funeral escort vehicles, and similar equipment operated by the department of transportation, or local authorities, or vehicles or machinery permitted by section 4513.11 of the Revised Code.
(D) Tail lights - Every motor vehicle shall have at least one tail light mounted on the rear, in working order as required in section 4513.05 of the Revised Code.
(E) License illumination light - Every motor vehicle shall be equipped with a white light in working order placed in such a manner as to illuminate the rear registration plate as required in section 4513.05 of the Revised Code.
(F) Red reflectors - Every motor vehicle other than a commercial tractor, to which a trailer or semi-trailer is attached, shall carry at the rear, either as a part of the tail lamps or separately, two red reflectors meeting the requirements of section 4513.06 of the Revised Code.
(G) Every motor vehicle, other than a motorcycle, shall be equipped with at least two stop lights red in color with at least one near each side of the rear of the motor vehicle. Every motorcycle shall be equipped with at least one stop light.
(H) Clearance lights, marker lights, stop lights and reflectors on commercial vehicles - All buses, trucks, commercial tractors, trailers, semi-trailer and pole trailers shall be equipped with clearance lights, marker lights, stop lights, and reflectors as required in section 4513.07 of the Revised Code. Said equipment shall be in working order.
(I) Unauthorized lights - No motor vehicle shall be equipped with lights prohibited in sections 4513.12, 4513.13 and 4513.17 of the Revised Code.
Last updated July 8, 2025 at 11:11 AM
History
- Effective: June 16, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-10 Motor vehicle equipment standards for turn signals.
(A) Except as provided in paragraph (C) of this rule, motor vehicles manufactured or assembled on or after January 1, 1954, shall be equipped with an electrical or mechanical directional signal device capable of clearly indicating an intention to turn either to the right or to the left and which shall be visible from both the front and rear. Said signals shall be in working order.
(B) Turn signal lamps shall be visible at a distance of not less than three hundred feet in normal sunlight.
(C) Motorcycles manufactured after January 1, 1968, shall be equipped with turn signals.
Last updated July 8, 2025 at 11:11 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-11 Motor vehicle equipment standards for glass.
Every motor vehicle shall be equipped with safety glass as required in Section 4513.26 of the Revised Code: Such glass shall be free of discoloration or diffusion, cracks and unauthorized obstructions as set forth in Section 4513.24 of the Revised Code.
Last updated July 8, 2025 at 11:11 AM
History
- Effective: January 15, 1968
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-12 Motor vehicle equipment standards for seat belts.
Every motor vehicle shall be equipped with seat belt assemblies as required in section 4513.262 of the Revised Code.
Last updated July 8, 2025 at 11:12 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-13 Motor vehicle equipment standards for license plates.
Every motor vehicle shall display in plain view on the front and rear of the motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under sections 4503.19 and 4503.191 (4503.19.1) of the Revised Code, furnished by the director of public safety, except that a manufacturer of motor vehicles or dealer therein, the holder of an in-transit permit, and the owner or operator of a motorcycle, motorized bicycle, manufactured home, mobile home, trailer, or semi-trailer shall display on the rear only. A motor vehicle that is issued two license plates shall display the validation sticker only on the rear license plate, except that a commercial tractor that does not receive an apportioned license plate under the international registration plan shall display the validation sticker on the front of the commercial tractor. An apportioned vehicle receiving an apportioned license plate under the international registration plan shall display the license plate only on the front of a commercial tractor and on the rear of all other vehicles. All license plates shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs their visibility. (Section 4503.21 of the Revised Code).
Every vehicle with a temporary license placard or windshield sticker shall display the temporary license placard in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle, or display the windshield sticker in plain view on the rear window of the motor vehicle. No temporary license placard or windshield sticker shall be covered by any material that obstructs its visibility.
Last updated July 8, 2025 at 11:12 AM
History
- Effective: September 17, 2001
- Promulgated Under: Ch 119.
Ohio Adm.Code 4501:2-1-14 Motor vehicle equipment standards for exhaust system.
(A) Every motor vehicle with an internal combustion engine shall at all times be equipped with an exhaust system which is in good working order and in constant operation. No vehicle shall be equipped with a muffler cutout, bypass or similar device. No vehicle shall be equipped with a device which would produce excessive smoke or gas, or permit any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or be equipped in any other way as to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.
(B) No motor vehicle including motorcycles shall be equipped with an exhaust system which would produce any excessive, and/or unusual noise.
(C) All motorcycles shall be equipped with mufflers having baffle plates as required by law.
(D) Every motor vehicle shall at all times be equipped with a standard muffler for said type of vehicle or one that meets all of the above requirements.
Last updated July 8, 2025 at 11:12 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-15 Motor vehicle equipment standards for rear view mirror.
Every motor vehicle, including every motorcycle, shall be equipped with a mirror so located as to reflect to the operator a view of the highway to the rear of such vehicle. The operator shall have a clear unobstructed view to the rear of the vehicle by mirror.
Last updated July 8, 2025 at 11:13 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-16 Motor vehicle equipment standards for windshield wipers.
Every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be maintained in good working order and so constructed as to be controlled or operated by the operator of the vehicle.
Every motor vehicle manufactured after January 1, 1968 that has a windshield as required by section 4513.24 of the Revised Code shall be equipped with a windshield washer maintained in operable condition at all times that is capable of cleaning the windshield in such a fashion as to leave the driver a clear view.
Last updated July 8, 2025 at 11:13 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-17 Motor vehicle equipment standards for horn and warning devices.
[Comment: Information regarding the availability and effective date of the materials incorporated by reference in this rule, can be found in rule 4501:2-1-22 of the Administrative Code.]
(A) Every motor vehicle shall be equipped with a horn which is in good working order and capable of emitting sound audible, under normal conditions, for a distance of not less than two hundred feet. No motor vehicle, except a public safety vehicle or an emergency vehicle, shall be equipped with any siren, whistle or bell.
(B) Every public safety vehicle or emergency vehicle shall be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions for a distance of not less than five hundred feet and of a type approved by the director of public safety. (Vehicles in-service prior to December 1, 2007)
(C) Effective December 1, 2007, the type of siren approved by the director of public safety shall meet "Society of Automotive Engineers" (SAE) Standard J 1849. For any public safety vehicle or emergency vehicle placed into service on or after December 1, 2007 with a siren, the siren shall meet SAE Standard J 1849.
(D) The horn as required in section 4513.21 of the Revised Code shall be clearly identifiable as a motor vehicle horn. The device for operating the horn shall be properly marked meeting Federal Motor Vehicle Safety Standard (FMVSS) 571.101 of the Code of Federal Regulations (C.F.R.) cited as 49 C.F.R. 571.101 regarding controls, telltales, and indicators and shall be located so it may be easily controlled by the driver.
Last updated July 8, 2025 at 11:13 AM
History
- Effective: June 23, 2011
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-22
Following are the effective dates and contact sites for materials incorporated by reference in Chapter 4501:2-1 of the Administrative Code:
(A) SAE Standard J 1849, revised April 2008: "Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 15096, telephone: 724-776-4841, web address: www.sae.org"
(B) FMVSS 571.101, revised October 2014: "Federal Motor Vehicle Safety Standards (FMVSS), Department of Transportation, National Highway Traffic Safety Administration (DOT-NHTSA), 400 7th Street SW, Washington D.C. 20590, Government Publishing Website: http://www.ecfr.gov"
Last updated July 8, 2025 at 11:14 AM
History
- Effective: June 16, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-18 Motor vehicle equipment standards for warning devices on disabled vehicles.
Every motor truck, bus, commercial tractor, trailer, semi-trailer or pole trailer shall be equipped with the warning devices, maintained in good working order, as required in section 4513.28 of the Revised Code.
Last updated July 8, 2025 at 11:13 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-19 Parts of vehicle body creating dangerous condition.
No motor vehicle shall be equipped with or permitted to have protruding objects or broken sharp edges of body or vehicle parts, which would be dangerous to any person coming in contact with same.
Last updated July 8, 2025 at 11:13 AM
History
- Effective: January 15, 1968
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-20 Fuel system.
For every motor vehicle manufactured on or after January 1, 1968, if manufactured with a certified motor vehicle pollution control device, the device shall be correctly installed and in good working order at all times.
Every motor vehicle shall have all parts of the fuel system securely fastened.
Fuel systems shall allow for no fuel leakage.
A fuel tank filler cap shall be installed.
All fuel hoses, lines, tanks or tubes shall not be in contact with moving components or extreme heat areas.
Last updated July 8, 2025 at 11:13 AM
History
- Effective: June 18, 2006
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-1-21 Acceptance of vehicle inspected in another state.
The superintendent of the Ohio state highway patrol may authorize the acceptance in this state, of a certificate of inspection and approval, issued in another state, having an inspection law similar to section 4513.02 of the Revised Code.
Last updated July 8, 2025 at 11:14 AM
History
- Effective: June 16, 2016
- Promulgated Under: 119.03
Chapter 4501:2-5 Uniforms
Ohio Adm.Code 4501:2-5-01 Distinctive uniforms of Ohio state highway patrol.
(A) Pursuant to sections 4549.15 and 5503.01 of the Revised Code, the superintendent of the state highway patrol prescribes the following distinct uniforms:
(1) State highway patrol troopers:
(a) Hat .... campaign style, color graphite grey;
(b) Shirt .... grey;
(c) Tie .... black;
(d) Trousers .... dark grey with black stripes;
(e) Shoes .... black leather or black leather military-style boot;
(f) Blouse .... black;
(g) Uniform duty jacket .... black or reversible high visibility, waist-length;
(h) Uniform duty rain jacket .... black or reversible high visibility, thigh length;
(i) Uniform duty rain pants .... black;
(j) Shoulder insignia .... state highway patrol insignia worn on each shoulder of all uniform garments except rain jackets, which cannot be patched due to the waterproof membrane of the jacket;
(k) Badge .... state highway patrol badge worn on left breast;
(l) Traffic safety vest .... high visibility yellow, worn over the uniform shirt.
(2) State highway patrol troopers who serve as motorcycle officers:
(a) Helmet ....three-fourths shell, silver and black, no face-shield;
(b) Shirt....grey;
(c) Tie....black;
(d) Breeches....dark grey with black stripes;
(e) Leather jacket....black;
(f) Uniform duty jacket....black and high visibility yellow;
(g) Uniform duty rain jacket....black or reversible high visibility, thigh length;
(h) Uniform duty rain pants....black;
(i) Shoulder insignia....state highway patrol insignia worn on each shoulder of all uniform garments;
(j) Badge....state highway patrol badge worn on left breast;
(k) Traffic safety vest .... high visibility yellow, worn over the uniform shirt.
(3) State highway patrol troopers who serve as airplane or helicopter pilots:
(a) Hat....baseball cap style, black with state highway patrol insignia;
(b) One piece flight suit, black, long sleeve;
(c) Shoes....black leather military-style boot;
(d) Shoulder insignia....state highway patrol insignia worn on each shoulder of all uniform garments;
(e) Badge....state highway patrol badge worn on left breast.
(4) State highway patrol troopers who serve as canine handlers, criminal patrol troopers, motor vehicle inspectors, or in commercial motor vehicle enforcement:
(a) Hat....baseball cap style, black with state highway patrol insignia;
(b) Shirt....dark grey, BDU military style;
(c) Trousers....dark grey, BDU military style;
(d) Shoes....black leather or black leather military-style boot;
(e) Uniform duty jacket....black, waist-length;
(f) Uniform duty rain jacket....black or reversible high visibility, thigh length;
(g) Uniform duty rain pants....black;
(h) Shoulder insignia....state highway patrol insignia worn on each shoulder of all uniform garments;
(i) Badge....state highway patrol badge worn on left breast.
(j) Traffic safety vest....high visibility yellow, worn over the BDU shirt.
(B) Pursuant to section 5503.34 of the Revised Code, uniformed employees of the motor carrier enforcement unit are prescribed the following uniforms by the superintendent of the state highway patrol:
(1) Hat....baseball cap style, dark, navy blue with motor carrier enforcement inspector insignia;
(2) Shirt.... medium blue;
(3) Trousers....dark, navy blue;
(4) Shoes....black leather or black leather military-style boot;
(5) Uniform duty jacket....navy blue, waist-length;
(6) Uniform duty rain jacket....black or reversible high visibility, thigh length;
(7) Uniform duty rain pants....black;
(8) Shoulder insignia....state highway patrol insignia worn on each shoulder of all uniform garments;
(9) Badge....motor carrier enforcement badge worn on left breast;
(10) External ballistic vest carrier....medium blue uniform shirt materials;
(11) Traffic safety vest .... high visibility yellow, worn over the uniform shirt.
(C) Photographs and detailed manufacturing specifications for each garment are on file at the patrol's general headquarters, "Ohio State Highway Patrol, 1970 West Broad Street, Columbus, Ohio, 43223."
Last updated July 1, 2024 at 5:14 PM
History
- Effective: July 1, 2024
- Promulgated Under: 119.03
Chapter 4501:2-6 Administrative Rules
Ohio Adm.Code 4501:2-6-01 Definitions.
(A) "Administrative investigation" means any investigation or inquiry conducted by a supervisor, or other person specifically designated by a supervisor into the alleged improper conduct by any member.
(B) "Commissioned officer" means the rank of lieutenant and above.
(C) "Deadly force" means any force which carries a substantial risk that it will proximately result in the death or serious bodily injury of any person.
(D) "Division" means the Ohio state highway patrol.
(E) "Member" means any sworn officer, except police officers, employed by the Ohio state highway patrol.
(F) "Officer in charge" means an officer designated with the responsibility for a specific shift or assignment.
(G) "On duty" means any of the following:
(1) In uniform and performing job related activities; or
(2) Acting pursuant to an order from a supervisor or engaged in or carrying out any duty required of a member; or
(3) Operating or being a passenger in motor equipment owned or leased by the division or the state of Ohio.
(H) "Supervisor" means the rank of sergeant and above.
History
- Effective: April 29, 2011
- Promulgated Under: 111.15
Ohio Adm.Code 4501:2-6-02 Performance of duty and conduct.
(A) A member shall be subject to any applicable provision of the Revised Code and Administrative Code including, but not limited to, Chapter 5503. of the Revised Code. A member shall also be subject to all of the division's rules, adopted under section 111.15 of the Revised Code and published in the rules and regulations of the division, and all provisions of any applicable collective bargaining agreement.
(B) Performance of duty
(1) A member shall carry out all duties completely and without delay, evasion or neglect. Members shall report for duty at the time and place specified or scheduled by their supervisor, properly attired, and ready to assume on-duty status.
(2) A member shall submit all required reports without delay and in accordance with directives established by the superintendent.
(3) A member, while on duty, shall not be absent from his/her district, post, section, unit, detail or assignment without authorization and shall be available through usual communication channels.
(4) Members who are off duty shall keep their supervisor advised when they are not available for recall to duty.
(5) Members who fail to perform their duties because of an error in judgment, or otherwise fail to satisfactorily perform a duty of which such member is capable, may be charged with inefficiency. Unsatisfactory performance may be demonstrated by a lack of job-related knowledge, an unwillingness or inability to perform assigned tasks, failure to take required action, or failure to take appropriate action at any time.
(6) Any member who at any time becomes aware of another employee's impending or actual violations of the rules and regulations, the directives of the superintendent, or violations of any criminal or civil statutes, shall take immediate action to prevent such violations and then report the violations to a supervisor as soon as possible.
(C) Assistance to the public
A member, while on duty, shall offer and render appropriate assistance to anyone in need. Members shall not make unsolicited endorsements regarding the use or procurement of a particular product or service.
(D) Credentials: Use of official identification
(1) A member, while off duty, shall not wear any part of the uniform or convert to personal use any issued equipment without the permission of the superintendent.
(2) A member shall not permit any other person to use his/her badge, identification card or any other part of the uniform or equipment assigned to the member.
(3) A member, while on duty, shall provide proper identification to any person upon demand, including name, badge number and/or unit number.
(E) False statement, truthfulness
(1) A member shall not make any false statement, verbal or written, or false claims concerning his/her conduct or the conduct of others. A member shall not, nor attempt to, commit an act of deception.
(2) A member shall not, in any manner, cheat on, or tamper with, an examination, test, or measurement. A member shall not, nor attempt to, obtain, furnish, or accept answers or questions to examinations.
(3) A member shall not feign illness or injury, falsely report illness or injury, or otherwise deceive, or attempt to deceive, any official of the division as to the condition of his/her health.
(F) Rewards, bribes, payment for duty
(1) A member shall not solicit or accept any reward, bribe, gratuity, gift of any nature, payment or compensation for the performance of any duty for which a regular salary is received.
(2) A member shall not use or attempt to use his/her official position to secure anything of value that would not ordinarily accrue to the member.
(3) Any member offered a bribe shall report it immediately to a supervisor.
(4) Any member who is offered or receives a reward, gift, or gratuity shall take immediate action to return such item and shall report it immediately to a supervisor.
(G) Off-duty employment
(1) A member shall not engage in any off-duty employment which hinders or interferes with the performance of his/her duties. A member shall not engage in any off-duty employment that represents a conflict of interest with the performance of his/her duties.
(2) A member shall not engage in off-duty employment unless such employment has been approved, in writing, according to directives established by the superintendent.
(3) A member shall not use division equipment or supplies for any purpose in off-duty employment unless authorized by the superintendent.
(H) Release and control of information
(1) A member shall keep in confidence any information acquired in the performance of his/her duties when the release of such information might be embarrassing or damaging to any person or the division. A member shall divulge such information only when necessary to do so by reason of subpoena, or other court action, or upon the lawful order of a supervisor.
(2) A member shall give information to the news media in accordance with directives established by the superintendent.
(I) Conduct unbecoming an officer
A member may be charged with conduct unbecoming an officer in the following situations:
(1) A member shall not engage in any conduct, on or off duty, which could reasonably be expected to adversely affect the public's respect, confidence, or trust for Ohio state highway patrol troopers and/or the division; or which could reasonably expect to bring discredit to the division and/or any of its members or employees.
(2) For committing any crime, offense or violation of the laws of the United States, the state of Ohio, or any municipality.
(3) For any improper on-duty association with any individual for purposes other than those necessary for the performance of official duties.
(4) A member shall perform his/her duties in a professional, courteous manner.
(5) A member shall not conduct personal business on-duty.
(J) Sexual harassment and discrimination
(1) No member shall sexually harass any person. "Sexual harassment" is defined as the unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or contact, or innuendo of a sexual nature. No member shall, by his/her actions, create an intimidating, hostile, or offensive work environment.
(2) A member shall not make disparaging comments, statements, acts, or discriminate against any person on the basis of age, sex, marital status, race, color, creed, national origin, ancestry, religion, disability, political affiliation, military status or sexual orientation and gender identity.
(K) Use of alcohol
(1) A member shall not consume any kind of alcoholic beverage while on duty unless approved by the superintendent or designee.
(2) A member shall not report for duty or return to duty showing any evidence or effects of alcoholic beverage consumption.
(L) Use of narcotics and controlled substances
A member shall not use any narcotic or any other controlled substance except as prescribed by a physician. The member shall notify a supervisor, prior to reporting for duty or operating any division equipment, that the member is taking a prescribed narcotic or controlled substance. A member shall report any potential side effects that may affect fitness for duty to a supervisor.
(M) Gambling
A member shall not indulge in any type of gambling while on duty.
(N) Bail and bond, prohibited
A member, while on duty, shall not undertake as surety on bond, furnish bail, recommend bond or recommend an attorney for any person.
(O) Court action
(1) Members shall report, in writing, as soon as possible, to his/her supervisors, any court action instituted against them.
(2) No member, while on duty, shall appear as a witness in a court action, except when subpoenaed to appear based on an action arising from his/her employment with the division.
(P) Involvement in motor vehicle crash
A member, while on duty, who is involved in a motor vehicle crash shall report the crash to a supervisor immediately.
(Q) Personal financial responsibility
A member shall pay all debts and obligations that are his/her legal responsibility.
(R) Soliciting funds, raffles and lotteries
A member, while on duty, shall not solicit funds nor sell any tickets or memberships for any non-charity organization, function, raffle or lottery.
(S) Appearance
A member, while on duty, shall maintain a neat, well groomed appearance according to the written directives established by the superintendent.
(T) Personal health and job related injuries
(1) A member shall keep physically fit and be in compliance with standards of the highway patrol health and physical fitness program.
(2) A member may be periodically examined by the patrol medical staff or other designated medical or professional personnel to determine the member's level of physical or psychological fitness.
(3) A member who contracts any disease, illness, or injury that would affect the performance of his/her duties shall report such fact to a supervisor as soon as possible.
(4) A member who becomes pregnant shall, as soon as possible, have the required divisional medical forms completed by her attending physician and returned to a supervisor. The member shall thereafter submit such additional completed medical forms as required to evaluate such member's ability to continue her performance of duty.
(U) Use of leaves
A member shall be entitled to all leaves applicable to employees of the state of Ohio and all shall be governed by the sections of the Ohio Revised Code, Administrative Code, or the current collective bargaining agreement that may be applicable to such leaves.
(V) Response to resistance and firearms
(1) A member shall only use that force reasonable to effect an arrest, detention, or mission. A member shall not infringe on the rights of an individual within his/her control.
(2) A member shall exercise care in handling, carrying, transporting, storing and using firearms so as to avoid endangering any persons. A member shall only draw and display his/her firearm in time of demonstrated need, for official inspection, or during training, qualification, or cleaning.
(3) A member shall be permitted to use division issued firearms in accordance with directives established by the superintendent.
(4) A member, while off duty, shall not carry a firearm issued by the division unless authorized by the superintendent
(W) Evidence and recovered property
A member shall carefully protect and preserve for proper disposition any article of property recovered or turned over to him/her after loss by its rightful owner, held as evidence, seized from a prisoner or otherwise entrusted to his/her care. A member shall exercise diligence in safeguarding vehicles, or property connected with a crash, or other incident, in order that such property shall be returned to its rightful owner without damage, loss or unnecessary delay. A member taking control of any such property shall secure that property and report its recovery according to directives established by the superintendent.
(X) Living quarters
(1) A member shall establish living quarters in such location as is necessary for the discharge of all regular duties and in compliance with applicable provisions of the current collective bargaining agreement and/or directives established by the superintendent.
(2) A member shall immediately establish telephone service, by cellular or landline, upon occupying living quarters and shall maintain such service to permit ready contact concerning regular and emergency duties.
(3) A member shall promptly answer or respond to any telephone call from the division.
(Y) Compliance to orders
(1) A member shall immediately and completely carry out the lawful orders of a supervisor, or designated officer in charge, which pertain to the discharge of the member's duties.
(2) A member shall conform with, and abide by, all rules, regulations, orders and directives established by the superintendent for the operation and administration of the division.
(3) A member is prohibited from using audio or video recording devices in the workplace unless used in the member's normal job duties or as outlined in the collective bargaining agreement.
(4) A member is prohibited from soliciting, or arranging for, other individuals to engage in recording any conversation, telephone calls, or other activities in the workplace.
(Z) Loitering
Members shall not spend unreasonable amounts of time, while on duty, at any public or private establishment or location, unless acting in the official performance of his/her duties.
Last updated February 27, 2023 at 8:35 AM
History
- Effective: February 27, 2023
- Promulgated Under: 111.15
Ohio Adm.Code 4501:2-6-03 Command and military courtesy.
(A) Responsibility of command
A member who is in command of any post, district, section, unit, detail or assignment, or part thereof, either on a temporary or permanent basis, shall be held responsible for the efficiency, discipline, performance and welfare of the persons under his/her command, for facilities assigned under this command, and for the performance and condition of all equipment and the effective discharge of the duties and responsibilities of the division within the scope of this command.
(B) Succession of command
In the absence or incapacitation of the designated commander of any post, district, section, unit, detail or assignment, or when two or more members are performing a duty in the absence of a designated commander, the member senior in rank or grade, or with longer time in rank or grade, shall assume command until relieved by a superior officer, except that any commander may specifically designate a member to fulfill a supervisory position on a temporary basis.
(C) Responsibility for orders
A supervisor or officer in charge shall be held strictly responsible and accountable for all orders and instructions issued to those under the member's command, and for any consequences arising from the discharge of the member's orders and instructions.
(D) Military courtesy and respect for rank
(1) A member, while on duty and in uniform, shall render a hand salute to the commissioned officers of the division, the governor, the director of public safety, and commissioned officers of other law enforcement agencies, whom the member encounters out of doors and when the member is not engaged in such duties that would render the salute impractical.
(2) A member shall address commissioned officers by their rank or by using the words "sir" or "ma'am".
(3) A member shall not act or speak in an insubordinate manner to any supervisor.
(4) As soon as practical, a member shall disclose information to a supervisor regarding any event, incident, or action arising from the performance of their duties which is pertinent to the performance of the supervisor's duties.
(5) A supervisor shall not bring physical or verbal abuse upon a subordinate.
(6) A member will honor the flag of the United States of America and/or the national anthem according to the customs of the country. When in uniform, a member will render a hand salute during the raising or lowering of the flag or during the playing of the anthem except when the member is engaged in duties that would render the salute impractical.
(E) Personal interview with supervisor
A member shall be granted a personal interview with a supervisor upon request and without unnecessary delay.
(F) Complaints and grievances
Any complaint by a member shall be submitted to a supervisor. A written complaint or grievance filed by an exempt employee shall be processed in accordance with directives established by the superintendent. Grievances filed by bargaining unit members will be subject to the provisions of the applicable collective bargaining agreement.
Last updated February 27, 2023 at 8:36 AM
History
- Effective: February 27, 2023
- Promulgated Under: 111.15
Ohio Adm.Code 4501:2-6-04 Promotions.
(A) Under the authority of section 5503.03 of the Revised Code, the superintendent, with the approval of the director, shall promote members of the division from one rank to another.
(B) The superintendent shall promulgate directives determining promotional eligibility requirements for each rank in the division.
(C) No member shall release any information or portion thereof concerning the confidential elements of the promotional process except as directed by the superintendent.
History
- Effective: April 29, 2011
- Promulgated Under: 111.15
Ohio Adm.Code 4501:2-6-05 Equipment.
(A) Care of equipment
(1) A member shall be responsible and accountable for any equipment assigned or placed under his/her control.
(2) A member shall not intentionally or negligently damage, abuse or misuse any equipment.
(3) A member shall keep all assigned equipment in good condition and ready for immediate use.
(4) A member shall not modify or alter any division equipment nor install any accessories on said equipment without authorization from a supervisor.
(5) A member shall immediately report any damage or loss of division equipment to a supervisor.
(B) Use of equipment
(1) A member shall not use division equipment or facilities except in the performance of official duties.
(2) A member shall not permit persons to enter or be transported in division motor equipment unless it is part of his/her official duties or when directed to do so by a supervisor.
(3) A member shall not permit any person to use or operate division equipment unless:
(a) It is necessary during an emergency condition, or
(b) The member has been authorized to do so by a supervisor, or
(c) It is a necessary part of authorized repairs or maintenance.
(4) A member shall, while on duty, carry the division issued firearm for which proficiency has been established in accordance with division directives.
(5) A member, while on duty, may carry a second handgun in accordance with division directives.
(6) A member, while on duty, shall not carry or use any unauthorized equipment without the prior approval of the superintendent.
(C) Wearing the uniform
(1) A member shall wear all uniform equipment according to the directives established by the superintendent.
(2) A member shall not wear any unauthorized equipment without prior supervisory approval.
(3) A member shall not wear any uniform equipment to any personal or private activity unless authorized to do so by a supervisor.
(D) Motor vehicle and aircraft operation
(1) A member shall operate all division motor vehicles and aircraft in accordance with all applicable laws and directives. A member shall operate motor vehicles and aircraft in a careful and prudent manner.
History
- Effective: April 29, 2011
- Promulgated Under: 111.15
Ohio Adm.Code 4501:2-6-06 Administrative investigation.
(A) When there is reason to believe that a member has violated a rule or regulation of the division, the directives of the superintendent, or of any criminal or civil statute(s), an administrative investigation shall be conducted.
(B) Administrative investigation
All administrative investigations shall be conducted in accordance with the directives established by the superintendent. Members shall be informed of all applicable rights.
(C) Discipline
Discipline for violations of the rules and regulations of the division may be given as follows:
(1) "Written reprimand" - may be assessed to a subordinate by a post commander or other commissioned officer with the approval of the commander of the office of personnel or his/her designee.
(2) "Suspension" or "Fine" - at the direction of the superintendent and with the approval of the director of the department of public safety, a member may be suspended or fined.
(3) "Demotion or removal" - at the direction of the superintendent, and with the approval of the director of the department of public safety, a member may be demoted or removed.
View Appendix
Last updated February 27, 2023 at 8:36 AM
History
- Effective: February 27, 2023
- Promulgated Under: 111.15
Ohio Adm.Code 4501:2-6-07 Code of ethics and oath of office.
(A) Code of ethics
(1) Members of the Ohio state highway patrol in recognizing their responsibilities as public servants, shall be particularly attentive to citizens seeking assistance and/or information or who desire to give evidence or register a complaint. Members shall broaden their knowledge of the state and its laws, better enabling them to satisfy the demands of the public.
(2) They shall accept their responsibility to the public by being punctual in their engagements and expeditious in the performance of their duty.
(3) They shall regard their office as a public trust and in the discharge of their duties be mindful of their primary obligations to serve the public efficiently and effectively.
(4) They shall administer the law in a just, impartial manner, affording the same reasonable treatment in all cases. They shall recognize the limitations of their authority and at no time use the power of their office for their own personal advantage.
(5) They shall be true to their obligations as custodians of public property bearing in mind that the misuse or waste of public property is equally as reprehensible as the misuse or waste of money from the public treasury.
(6) They shall not limit their effectiveness in the administration of their office by accepting gratuities or favors.
(7) They shall cooperate fully with other public officials to assure the safety and general welfare of the public. They shall not permit jealousies or personal differences to influence their ability to cooperate with other members of the division or other agencies.
(8) They shall add to their effectiveness by diligent study and sincere attention to self-improvement, including physical readiness. They shall welcome the opportunity to disseminate practical and useful information relating to matters of the public's safety and welfare.
(9) They shall so conduct their private and public life that the public will regard them as examples of stability, fidelity and morality.
(10) They shall bear faithful allegiance to their government, and be loyal to their profession. They shall accept as a sacred obligation their responsibility to support the constitution of the United States and the constitution of the state of Ohio. As public officers, they shall consider the privilege of defending the principles of liberty the greatest honor that may be bestowed upon any person.
(B) Oath of office
Every member of the uniformed division of the Ohio state highway patrol shall make the following oath of office at the time of appointment as a trooper.
"I do solemnly swear/affirm that I will support the constitution of the United States and the constitution of the state of Ohio, and that I will faithfully, honestly and impartially discharge the duties of the office of trooper in the Ohio state highway patrol to the best of my ability, during my continuance in that office."
History
- Effective: April 29, 2011
- Promulgated Under: 111.15
Chapter 4501:2-7 Retirement System
Ohio Adm.Code 4501:2-7-01 Definitions.
(A) "State highway patrol officer" means an officer of the uniformed division of the Ohio state highway patrol who has completed all entry level and training requirements and has been appointed as a trooper under the provisions of section 5503.03 of the Revised Code.
(B) "Line of duty" means:
(1) When acting pursuant to the duties and powers invested by Chapter 5503. of the Revised Code.
(2) While off duty and in or out of uniform and after identifying self as a state highway patrol trooper, and responding to a situation within the powers and duties of Chapter 5503. of the Revised Code or a felony section of the "Ohio Criminal Code."
(C) "Administrative or clerical duties" means general office duties to include but not exclusive of:
(1) Writing reports;
(2) Typing reports;
(3) Filing;
(4) Recording data.
(D) "Meal or rest period" means while the Ohio state highway patrol officer is engaged in eating a meal or resting in an off-duty status. Meal periods or rest periods taken during emergency or riot conditions will not be considered as meal or rest periods for granting occupational injury leave.
(E) "Personal business" means:
(1) The completion of any activity not required of the officer by Chapter 5503. of the Revised Code.
History
- Effective: April 20, 1985
- Promulgated Under: 111.15 - IM
Ohio Adm.Code 4501:2-7-02 Application process.
(A) All requests for injury leave must be filed within forty-five days of the original injury or last day worked for subsequent absences.
(B) In the event the officer is unable to make application for occupational injury leave due to the officer's health and medical condition, a member of the employee's family or representative of the employee may file and sign the occupational injury leave request.
(C) Certification of the occupational injury leave request will not be final until it has been approved by the Superintendent of the Ohio state highway patrol.
History
- Effective: April 20, 1985
- Promulgated Under: 111.15 - IM
Ohio Adm.Code 4501:2-7-03 Prescribed forms.
(A) Application for occupational injury leave will be made upon the prescribed form.
(B) Physician's reports to the superintendent will be made upon the prescribed forms.
History
- Effective: April 20, 1985
- Promulgated Under: 111.15 - IM
Ohio Adm.Code 4501:2-7-04 Periodic medical examinations.
(A) When occupational injury leave is granted, periodic medical examinations will be conducted by a physician selected by the superintendent.
(B) The frequency of these examinations will be determined by the superintendent based upon the severity of the injury and condition of the highway patrol officer.
(C) Results of these periodic examinations will be reported to the superintendent in a timely manner and in compliance with the promulgated rules.
(D) These medical reports will include:
(1) The results of the examination.
(2) A description of the progress made by the patrol officer in recovering from the independent injury.
(3) Whether or not the independent injury continues to prevent the patrol officer from attending work.
(E) Physicians reporting to the superintendent will use the forms prescribed by the superintendent which will be supplied to the physician by the officer involved or the officer's supervisor if the officer is unable.
History
- Effective: April 20, 1985
- Promulgated Under: 111.15 - IM
Ohio Adm.Code 4501:2-7-05 Benefits.
(A) Each state highway patrol officer shall be entitled up to one thousand (1,000) hours of occupational injury leave with full pay for each injury incurred in the line of duty.
(B) Occupational injury leave shall not be used for absence occurring within seven calendar days of the injury. During that seven-calendar-day period, unused sick leave may be used for such absence.
(C) Each injury incurred in the line of duty which aggravates a previous existing injury, whether the previously existing injury was so incurred or not, shall be considered an independent injury.
(D) Each officer granted occupational injury leave by the superintendent shall not lose vacation, sick leave, personal leave, and service credit while receiving occupational injury leave benefits.
(E) A subsequent related absence that occurs after a return to work following a prior approved occupational injury leave will be considered as the same occupational injury claim.
(F) All occupational injury leave benefits must be approved by the superintendent of the Ohio state highway patrol pursuant to the provisions of section 5503.08 of the Revised Code and the rules promulgated in Chapter 5503. of the Revised Code. Decisions of the superintendent shall be final.
History
- Effective: April 20, 1985
- Promulgated Under: 111.15 - IM
Chapter 4501:2-10 Law Enforcement Automated Data System (LEADS)
Ohio Adm.Code 4501:2-10-01 Definitions.
For purposes of this chapter:
(A) "Administration of criminal justice" means the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage, and dissemination of criminal history record information; and criminal justice employment. In addition, administration of criminal justice includes "crime prevention programs" to the extent access to criminal history record information is limited to law enforcement agencies for law enforcement programs (e.g. record checks of individuals who participate in "Neighborhood Watch" or "safe house" programs) and the result of such checks will not be disseminated outside the law enforcement agency.
(B) "Administrative message" means a criminal justice related point-to-point free form message.
(C) "Audit" means a formal, periodic examination of records to verify they are current, complete and accurate, and to verify adherence with LEADS and NCIC rules, policies, and regulations.
(D) "Bureau of Criminal Investigation (BCI)" is the agency which receives and files fingerprints, photographs and other information pertaining to both felony and misdemeanor arrests submitted by law enforcement agencies throughout the state.
(E) "Computerized criminal history (CCH)" means an electronic data processing file which is accessible using specific data fields. It contains records of arrests and dispositions of criminal proceedings entered into the system. The repository of these records is the responsibility of the bureau of criminal identification and investigation as specified in sections 109.57 and 109.60 of the Revised Code.
(F) "Agency administrator" means a person who manages and directs the affairs of a criminal justice office; i.e., police chief, sheriff, highway patrol post commander, administrative judge, FBI special agent-in-charge, chief probation/parole officer, director of intrastate regional system, prosecutor, chief park ranger, etc.
(G) "Criminal justice agency" means:
(1) Courts; and
(2) A governmental or non-governmental agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part (more than fifty per cent) of its annual budget to the administration of criminal justice.
(H) "CJIS systems agency (CSA)" means a duly authorized state, federal, international, tribal, or territorial criminal justice agency on the CJIS network providing statewide (or equivalent) service to its criminal justice users with respect to the CJI from various systems managed by the FBI CJIS division. The Ohio state highway patrol is the Ohio CSA.
(I) "CJIS systems officer (CSO)" means the individual located within the CJIS systems agency responsible for the administration of the CJIS network on behalf of the CJIS systems agency. For the state of Ohio, this person is appointed by the superintendent of the Ohio state highway patrol.
(J) "Criminal justice information (CJI)" is the abstract term used to refer to all of the LEADS provided data necessary for law enforcement agencies to perform their mission and enforce the laws, including but not limited to: biometric, identity history, person (includes driver's license photo, SSN, etc.), organization, property (when accompanied by any personally identifiable information), and case/incident history data. The following type of data are exempt from the protection levels required for CJI: transaction control type numbers (e.g. ORI, NIC, FNU, etc.) when not accompanied by information that reveals CJI or PII and BMV driving records.
(K) "Criminal justice information services division (CJIS)" is the FBI division responsible for the collection, warehousing, and timely dissemination of relevant CJI to the FBI and to qualified law enforcement, criminal justice, civilian, academic, employment and licensing agencies.
(L) "Dynamic Multipoint Virtual Private Network (DMVPN)" is a "Cisco Systems, Inc." solution for building scalable virtual private networks.
(M) "Interstate identification index (III)" means the CJIS service that manages automated submission and requests for criminal history record information that is warehoused subsequent to the submission of fingerprint information. Subsequent requests are directed to the originating state as needed.
(N) "Intrastate regional system" means a governmental computer system which serves as a cooperative between political subdivisions in a particular region for the purpose of providing a consolidated computerized information system for criminal justice agencies.
(O) "Organizational personnel with security responsibilities" means personnel with the responsibility to ensure the confidentiality, integrity, and availability of CJI and the implementation of technology in a manner compliant with the CJIS security policy.
(P) "Law enforcement automated data system (LEADS)" means the statewide computerized network which provides data and communications for criminal justice agencies within the state of Ohio. LEADS is administered by the Ohio state highway patrol superintendent.
(Q) "LEADS Mobile" is an application that provides web-based access to LEADS.
(R) "LEADS owned equipment" means any network connectivity equipment owned or leased by LEADS.
(S) "LEADS steering committee" is established to provide advice to the superintendent of the Ohio state highway patrol concerning the governing of LEADS.
(T) "Management control" of security requirements for information systems which process, store, or transmit criminal justice information means the criminal justice agency has the authority to set and enforce:
(1) Standards for the selection, supervision, and termination of access to criminal justice information;
(2) Policy governing the operation of networks, circuits, servers, storage, and computers used to access, store or transmit criminal justice information; and
(3) The guaranteed priority of service.
(U) "Message" refers to any information communicated from terminal to terminal through the LEADS communication network.
(V) "National crime information center (NCIC)" is an information system which stores CJI which can be queried by apprpriate federal, state, and local law enforcement and other criminal justice agencies.
(W) "National Data Exchange (N-DEx)" means the FBI information sharing system that enables criminal justice agencies to search, link, analyze, and share local, state, tribal, and federal records. The N-DEx system contains criminal justice information obtained by agencies in connection with their official duties.
(X) "N-DEx agency coordinator (NAC)" means the designated person that serves as the point of contact at agencies with N-DEx access. The NAC administers agency access and oversees compliance with N-DEx policies.
(Y) "NLETS (International Justice and Public Safety Information Sharing Network)" means the computerized message switching and filing system linking local, state, federal, and international criminal justice agencies for information exchange. This system is operated as a cooperative of the states.
(Z) "Nonterminal agency" means a criminal justice agency qualifying for an originating agency identifier which has indirect access to LEADS.
(AA) "Nonterminal agency coordinator (NTAC)" means the designated person that serves as the point-of-contact at indirect access agencies for matters relating to LEADS. A NTAC administers LEADS systems programs within the local agency and oversees the agency's compliance with LEADS policies.
(BB) "Originating agency identifier (ORI)" means a unique, nine character identifier assigned by the CJIS division to an agency which has met the established criteria. The ORI provides the correct level of access to LEADS and CJIS and will identify the agency in transactions on the NCIC system.
(CC) "Practitioner" is any person authorized to receive CJI who is "not" a certified terminal operator.
(DD) "Terminal" means a workstation, mobile device, or intrastate regional device from which LEADS, NCIC or NLETS system may be directly accessed.
(EE) "Terminal agency" means a criminal justice agency qualifying for an originating agency identifier which has direct access to LEADS.
(FF) "Terminal agency coordinator (TAC)" means the designated person that serves as the point-of-contact at direct access agencies for matters relating to LEADS. A TAC administers LEADS systems programs within the local agency and oversees the agency's compliance with LEADS systems policies.
(GG) "Validation" means the act of reviewing records to ensure the accuracy, completeness and continued interest of the data therein.
Last updated October 1, 2024 at 9:17 AM
History
- Effective: October 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-10-02 LEADS steering committee.
(A) The LEADS steering committee is established to provide advice to the superintendent of the Ohio state highway patrol concerning the governing of LEADS. The committee is composed of nine members who represent the following organizations:
(1) Ohio state highway patrol;
(2) Buckeye state sheriff's association;
(3) Ohio association of chiefs of police;
(4) Bureau of criminal identification and investigation;
(5) Intrastate regional systems;
(6) Police department representing smaller police departments;
(7) Municipal police department representing larger police departments;
(8) County sheriff's office representing metropolitan area sheriff's offices; and
(9) The chief justice of the Ohio supreme court or his/her designee representing courts.
(B) The LEADS steering committee's duties include providing recommendations for rules, reviewing violations of these rules by agencies to ensure equal and just sanctions have been invoked; recommending enhancements to the system; recommending user fees and other duties as assigned by the superintendent.
(C) Any person substituting for an appointed LEADS steering committee member shall have the authority to contribute and enter into discussion regarding issue(s) before the committee; however, the person shall not have authority to vote on any issue before the committee.
(D) LEADS operators, supervisors and/or agency administrators shall cooperate with any efforts of the LEADS steering committee, the superintendent of the highway patrol or persons authorized to act in their name, in actions/directives/orders, administrative reviews or other efforts to improve the system.
Last updated October 1, 2024 at 9:17 AM
History
- Effective: October 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-10-03 Participation in LEADS.
[Comment: For dates and availability of material incorporated by reference in this rule, see rule 4501:2-10-13 of the Administrative Code.]
(A) Participation in LEADS and the assignment of a full access or limited access originating agency identifier requires application and documentation the requester meets criteria set forth in the NCIC operating manual - ORI file section.
Access to bureau of motor vehicles records may be granted if the requester is a governmental, noncriminal justice agency, or subunit thereof, created by federal, state or local code, whose mission is to enforce or assist in enforcing federal, state or local laws or ordinances may access Ohio and other state bureau of motor vehicle data as available.
(B) Agencies approved to participate in LEADS shall be granted access subject to the following:
(1) Direct access (entry, inquiry, and message switching capabilities):
(a) A criminal justice agency that qualifies for an ORI.
(b) Entering agencies must must staff twenty-four hours a day, seven days a week, every day of the year or include instructions for after-hour hit confirmation in the miscellaneous field of applicable entries.
(c) Intrastate regional systems under criminal justice management control whose central computer system is staffed twenty-four hours a day, seven days a week, every day of the year or includes instructions for after-hour hit confirmation in the miscellaneous field of applicable entries.
(2) Indirect access:
(a) An agency which qualifies for an ORI may enter into an agreement with LEADS and separately with a terminal agency to receive service.
(b) Agencies authorized to indirectly access LEADS data are certified as such in a database prepared/maintained by LEADS, which is accessible to all terminal agencies.
(C) Agencies participating in LEADS shall meet the following requirements:
(1) Messages and/or throughput of any kind accessed through LEADS shall be restricted to the use of duly authorized law enforcement and/or criminal justice agencies for the administration of criminal justice. Access to and dissemination of LEADS throughput is governed by the CJIS security policy, LEADS manual, NCIC operating manual, III manual, N-DEx policy, NICS policy and Nlets policy.
(2) Direct access to LEADS shall be limited to certified operators. Each operator is accountable for all transactions occurring while their assigned account is logged on to a terminal accessing LEADS.
(3) Remit payment of all monetary obligations as invoiced by the Ohio state highway patrol. The following monthly fees have been established for participation in LEADS and will be reviewed annually by the superintendent or designee.
(a) Direct access is two hundred fifty dollars;
(b) Secure network connectivity is the direct access fee plus three hundred fifty dollars;
(c) VPN client-based network connectivity is the direct access fee plus five dollars per computer;
(d) Identity management and multi-factor authentication is five dollars per user;
(e) Indirect access is fifty dollars.
(4) Assume responsibility for, and enforce, system security and integrity.
(5) Adhere to policies and guidelines published in the NCIC operating manual, CJIS security policy, LEADS operating manual, III manual, N-DEx policy, NICS policy, Nlets policy, newsletters, and administrative messages from LEADS, all of which are either available on the LEADS intranet or disseminated to LEADS agencies.
(6) Execute all required agreements and forms. These agreements and forms must be kept current and on file for review and updated as part of the agency audit. The completed agreements and forms will be filed with LEADS and the user agency.
(7) Appoint a LEADS terminal agency coordinator (TAC) and organizational personnel with security responsibilities. Each participating non-terminal agency must have a non-terminal agency coordinator (NTAC). Agencies accessing N-DEx must appoint a N-DEx agency coordinator (NAC).
(8) Train all personnel of the agency having access to LEADS data with the capabilities, services offered and rules of LEADS. Compliance with this rule shall include, but is not limited to, completion of the LEADS provided training.
(9) All records must be kept accurate and up-to-date. Invalid records or data must be removed from the files immediately. Records not validated in accordance with LEADS and NCIC manuals are subject to removal. Failure to properly validate records as required will subject the agency to sanctions.
(10) Enter protection orders and warrants, which meet state or federal firearm prohibition criteria, within seventy-two hours of receipt to ensure all disqualifying records are accessible by the "National Instant Background Check System."
Last updated October 1, 2026 at 9:59 AM
History
- Effective: October 1, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-10-13
(A) This chapter includes material that has been incorporated by reference.
(1) "FBI CJIS Security Policy" may be accessed via the FBI website at https://le.fbi.gov/cjis-division/cjis-security-policy-resource-center.
(2) "NCIC Manual" may be accessed by authorized criminal justice personnel at https://www.cjis.gov.
(3) "N-DEx Manual" (November, 2022) may be accessed via the LEADS website at https://leads.ohio.gov/Manuals.
(4) "NICS Policy" (January, 2018) may be accessed by authorized criminal justice personnel at https://www.cjis.gov.
(5) "III Manual" (March, 2017) may be accessed by authorized criminal justice personnel at https://www.cjis.gov.
(6) "Nlets Policy" may be accessed at https://service.nlets.org/support/solutions/21000073988.
(7) "LEADS Manual" (January 2024) may be accessed via the LEADS website at https://leads.ohio.gov/Manuals.
(8) "BCI Manual" (2022) may be accessed by authorized criminal justice personnel at https://leads.ohio.gov/Manuals.
(B) Materials incorporated by reference are also available by writing to the "Ohio Department of Public Safety, Law Enforcement Automated Data System, 1970 West Broad Street, Columbus, Ohio 43223."
Last updated October 1, 2024 at 9:18 AM
History
- Effective: October 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-10-10 LEADS owned equipment/connected agency owned equipment.
(A) Terminal agencies shall properly maintain and care for LEADS owned equipment. Any malfunction of this equipment requires LEADS be notified as soon as possible.
(B) LEADS owned equipment shall not be changed, modified, turned off, unplugged or rendered inoperable in any manner except in the case of equipment malfunction preventing operation or if directed by LEADS personnel. All repairs on LEADS owned and serviced equipment shall be initiated through LEADS. Repairs caused by alterations to or abuse of the equipment shall be billed to the user agency.
(C) LEADS owned equipment shall not be changed in any manner or moved from the installed position without permission of the CSO or the CSO's designee. Written notice of any relocation of LEADS owned equipment accessing LEADS or any change request shall be submitted in writing forty-five days in advance of the move. Prior to relocating equipment, a site inspection will be conducted and location approved by LEADS staff. Any relocation charge shall be at the expense of the user agency.
(D) Modifications or additions of any agency owned equipment connected to LEADS shall be approved in writing by the CSO or the CSO's designee.
(E) The terminal agency shall notify the CSO in writing at least forty-five days in advance of intention to cancel LEADS service.
(F) Agency owned software is not permitted to be installed in LEADS owned equipment. Agency equipment and/or software believed to be degrading LEADS service shall be disconnected until the problem is resolved.
(G) LEADS owned equipment/software or equipment/software connected to LEADS shall not be interconnected to other systems or networks without written authorization from the CSO.
(H) LEADS owned equipment/software shall not be used for personal benefit.
(I) All equipment/software use will be monitored continually by LEADS staff or their representatives. Any misuse shall be cause for administrative sanction and/or criminal prosecution.
Last updated October 1, 2024 at 9:18 AM
History
- Effective: October 1, 2024
- Promulgated Under: 119.03
Ohio Adm.Code 4501:2-10-11 Sanctions.
(A) Violations of the rules within this chapter could result in denial of access to LEADS agencies. LEADS has established the following progressive sanction process to enforce administrative rules while cooperating with agencies to continue to protect the officers in the field.
Level 1: Notice of the violation. If the situation is not corrected with documentation to LEADS within forty-five days from the date notice is sent, step 2 will be initiated.
Level 2: Notice is sent to the agency administrator with a copy also forwarded to the local chief executive or designee. Notice shall include the progressive sanction steps and may include restrictions for specific operators. If the situation continues or the correction is not documented to LEADS within thirty days, step 3 will be initiated.
Level 3: The agency participation in LEADS will be reduced to limited access, i.e., inquiry only. Entry of new records into the system will be denied until the situation is corrected. If corrective action is not taken, including written documentation to LEADS within thirty days, step 4 will be initiated.
Level 4: The agency's access to the Ohio computerized criminal history (CCH) files and the NCIC interstate identification index (III) will be terminated. If corrective action is not completed, including documentation to LEADS, within thirty days, step 5 will be initiated.
Level 5: All records entered by the agency into the LEADS and NCIC files shall be cancelled and the agency will not be permitted entry capabilities. This shall remain in effect until recommendation by the LEADS steering committee and authorization of the chairperson is obtained to reinstate access for the agency. If the situation is not corrected, including documentation to LEADS within thirty days, step 6 will be initiated.
Level 6: The agency's access to the Ohio bureau of motor vehicles files shall be terminated. If the agency continues to fail to correct and document their actions to LEADS within thirty days, step 7 will be initiated.
Level 7: The agency shall no longer be permitted to participate in LEADS. All LEADS owned/leased equipment will be removed. The agency shall remain responsible for any unpaid fees due LEADS to this date.
The agency shall not be approved terminal access until review by the LEADS steering committee and approval of the chairperson. The agency may institute a non-terminal user agreement with LEADS, but this shall be limited to inquiry capabilities only and excludes access to the criminal history and NCIC III files.
(B) Exceptions and modifications to the progressive sanction process for agencies may be authorized by the LEADS steering committee chair, if in his/her opinion, circumstances warrant such action.
(C) As with any agency sanction, there is a right of review to be heard by the LEADS steering committee. This process is not under adjudication procedures (Chapter 119. of the Revised Code).
Last updated July 17, 2024 at 1:43 PM
History
- Effective: April 15, 2017
- Promulgated Under: 119.03
Chapter 4501:2-11 Electronic Clearance Device
Ohio Adm.Code 4501:2-11-01 Electronic clearance device.
Only in-cab electronic clearance devices meeting the following criteria are authorized for use by operators of commercial motor vehicles to bypass a fixed platform scale facility.
(A) The in-cab electronic clearance device must be compatible with the computer system installed at the fixed platform scale facility.
(B) The in-cab electronic clearance device shall be issued for a specifically identified commercial motor vehicle and shall be used only in the specifically identified commercial motor vehicle. The vehicle information may be compared with the electronic clearance device located in the fixed platform scale facility to determine if the in-cab electronic clearance device is authorized for that particular vehicle.
(C) The in-cab electronic clearance device shall be equipped with a signal light, either self-activated or activated by pressing a test button, that will indicate the last signal received by the device. Any peace officer, for the purpose of verifying a bypass signal, shall have unobstructed access to the in-cab electronic clearance device.
(D) As the operator of a commercial motor vehicle approaches a fixed platform scale facility, the in-cab electronic clearance device shall receive and display a visual or audible signal indicating either:
(1) A green light or other affirmative bypass signal; or such affirmative signal shall permit the operator to bypass that particular fixed platform scale facility.
(2) A red light, other negative signal, or no signal shall require the operator to enter the fixed platform scale facility.
(E) The in-cab electronic clearance device must be located in an area of the commercial motor vehicle that is easily accessible to the driver and does not create a view obstruction. The in-cab electronic clearance device is prohibited from being utilized by the driver as a hand-held device.
Last updated July 8, 2025 at 11:14 AM
History
- Effective: January 31, 2014
- Promulgated Under: 119.03
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