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As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 203
2025-2026
Representatives Hall, T., Williams
Cosponsors: Representatives
Mathews, A., Abrams, Bird, Brennan, Brent, Brownlee, Bryant Bailey,
Click, Creech, Daniels, Dovilla, Fischer, Ghanbari, Gross, Hall, D.,
Hiner, Hoops, Isaacsohn, John, Johnson, Klopfenstein, Lampton, Lett,
Manning, Miller, J., Miller, K., Mohamed, Odioso, Peterson,
Piccolantonio, Ray, Robb Blasdel, Rogers, Russo, Salvo, Schmidt,
Sigrist, Stephens, Upchurch, White, A., Workman, Young
To
amend sections 2903.06, 2903.08, 2903.081, 4511.01, 4511.132,
4511.20, 4511.202, 4511.204, 4511.205, 4511.21, 4511.25, 4511.251,
4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32,
4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39,
4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.46,
4511.54, 4511.60, 4511.711, 4511.712, and 5501.27 and to enact
section 4510.039 of the Revised Code
to
increase penalties for vehicular assault and vehicular homicide
within an active school zone, to allow a court to impose doubled
fines for specified traffic violations in portions of an active
school zone, and to name this act Aspen Runnels' Law.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2903.06, 2903.08, 2903.081, 4511.01, 4511.132, 4511.20,
4511.202, 4511.204, 4511.205, 4511.21, 4511.25, 4511.251, 4511.26,
4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33,
4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.41,
4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.46, 4511.54,
4511.60, 4511.711, 4511.712, and 5501.27 be amended and section
4510.039 of the Revised Code be enacted to read as follows:
Sec.
2903.06.
(A)
No person, while operating or participating in the operation of a
motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile,
locomotive, watercraft, or aircraft, shall cause the death of another
or the unlawful termination of another's pregnancy in any of the
following ways:
(1)
As the proximate result of committing an OVI offense.
(2)
In one of the following ways:
(a)
Recklessly;
(b)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a reckless
operation offense, provided that this division applies only if the
person whose death is caused or whose pregnancy is unlawfully
terminated is in the construction zone at the time of the offender's
commission of the reckless operation offense in the construction zone
and does not apply as described in division (F) of this section
;
(c)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in an active school zone, a reckless
operation offense, provided that this division applies only if the
person whose death is caused or whose pregnancy is unlawfully
terminated is in the active school zone at the time of the offender's
commission of the reckless operation offense in the active school
zone and does not apply as described in division (F) of this section
.
(3)
In one of the following ways:
(a)
Negligently;
(b)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a speeding offense,
provided that this division applies only if the person whose death is
caused or whose pregnancy is unlawfully terminated is in the
construction zone at the time of the offender's commission of the
speeding offense in the construction zone and does not apply as
described in division (F) of this section
;
(c)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in an active school zone, a speeding
offense, provided that this division applies only if the person whose
death is caused or whose pregnancy is unlawfully terminated is in the
active school zone at the time of the offender's commission of the
speeding offense in the active school zone and does not apply as
described in division (F) of this section
.
(4)
(4)(a)
As the proximate result of committing a violation of any provision of
any section contained in Title XLV of the Revised Code that is a
minor misdemeanor or of a municipal ordinance that, regardless of the
penalty set by ordinance for the violation, is substantially
equivalent to any provision of any section contained in Title XLV of
the Revised Code that is a minor misdemeanor.
(b)
As the proximate result of committing, within an active school zone,
a violation of any provision of any section contained in Title XLV of
the Revised Code that is a minor misdemeanor or of a municipal
ordinance that, regardless of the penalty set by ordinance for the
violation, is substantially equivalent to any provision of any
section contained in Title XLV of the Revised Code that is a minor
misdemeanor, provided that this division applies only if the person
whose death is caused or whose pregnancy is unlawfully terminated is
in the active school zone at the time of the offender's commission of
the offense in the active school zone and does not apply as described
in division (F) of this section.
(B)(1)
Whoever violates division (A)(1) or (2) of this section is guilty of
aggravated vehicular homicide and shall be punished as provided in
divisions (B)(2) and (3) of this section.
(2)(a)
Except as otherwise provided in division (B)(2)(b), (c), or (d) of
this section, aggravated vehicular homicide committed in violation of
division (A)(1) of this section is a felony of the second degree and
the court shall impose a mandatory prison term on the offender as
described in division (E) of this section.
(b)
Except as otherwise provided in division (B)(2)(c) or (d) of this
section, aggravated vehicular homicide committed in violation of
division (A)(1) of this section is a felony of the first degree, and
the court shall impose a mandatory prison term on the offender as
described in division (E) of this section, if any of the following
apply:
(i)
At the time of the offense, the offender was driving under a
suspension or cancellation imposed under Chapter 4510. or any other
provision of the Revised Code or was operating a motor vehicle or
motorcycle, did not have a valid driver's license, commercial
driver's license, temporary instruction permit, probationary license,
or nonresident operating privilege, and was not eligible for renewal
of the offender's driver's license or commercial driver's license
without examination under section 4507.10 of the Revised Code.
(ii)
The offender previously has been convicted of or pleaded guilty to
one prior OVI offense within the previous twenty years.
(iii)
The offender previously has been convicted of or pleaded guilty to
one prior traffic-related homicide, manslaughter, or assault offense
within the previous twenty years.
(c)
Except as otherwise provided in division (B)(2)(d) of this section,
aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a felony of the first degree, and the court
shall sentence the offender to a mandatory prison term as provided in
section 2929.142 of the Revised Code and described in division (E) of
this section if any of the following apply:
(i)
The offender previously has been convicted of or pleaded guilty to
two prior OVI offenses within the previous twenty years.
(ii)
The offender previously has been convicted of or pleaded guilty to
two prior traffic-related homicide, manslaughter, or assault offenses
within the previous twenty years.
(iii)
The offender previously has been convicted of or pleaded guilty to
two prior violations of any combination of the offenses listed in
division (B)(2)(c)(i) and (ii) of this section within the previous
twenty years.
(d)
Aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a felony of the first degree, and the court
shall sentence the offender to a mandatory prison term as provided in
section 2929.142 of the Revised Code and described in division (E) of
this section if any of the following apply:
(i)
The offender previously has been convicted of or pleaded guilty to
three or more prior OVI offenses within the previous twenty years.
(ii)
The offender previously has been convicted of or pleaded guilty to
three or more prior traffic-related homicide, manslaughter, or
assault offenses within the previous twenty years.
(iii)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of any combination of the offenses
listed in divisions (B)(2)(d)(i) and (ii) of this section within the
previous twenty years.
(e)
In addition to any other sanctions imposed pursuant to division
(B)(2)(a), (b), (c), or (d) of this section for aggravated vehicular
homicide committed in violation of division (A)(1) of this section,
the court shall impose upon the offender a class one suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege as specified in division (A)(1) of section
4510.02 of the Revised Code.
Divisions
(A)(1) to (3) of section 4510.54 of the Revised Code apply to a
suspension imposed under division (B)(2)(e) of this section.
(f)
Notwithstanding section 2929.18 of the Revised Code, and in addition
to any other sanctions imposed pursuant to division (B)(2) of this
section for aggravated vehicular homicide committed in violation of
division (A)(1) of this section, the court shall impose upon the
offender a fine of not more than twenty-five thousand dollars.
(3)
Except as otherwise provided in this division, aggravated vehicular
homicide committed in violation of division (A)(2) of this section is
a felony of the third degree. Aggravated vehicular homicide committed
in violation of division (A)(2) of this section is a felony of the
second degree if, at the time of the offense, the offender was
driving under a suspension or cancellation imposed under Chapter
4510. or any other provision of the Revised Code or was operating a
motor vehicle or motorcycle, did not have a valid driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege, and was not
eligible for renewal of the offender's driver's license or commercial
driver's license without examination under section 4507.10 of the
Revised Code or if the offender previously has been convicted of or
pleaded guilty to a violation of this section or any traffic-related
homicide, manslaughter, or assault offense. The court shall impose a
mandatory prison term on the offender when required by division (E)
of this section.
In
addition to any other sanctions imposed pursuant to this division for
a violation of division (A)(2) of this section, the court shall
impose upon the offender a class two suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege from
the range specified in division (A)(2) of section 4510.02 of the
Revised Code or, if the offender previously has been convicted of or
pleaded guilty to a traffic-related murder, felonious assault, or
attempted murder offense, a class one suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege as
specified in division (A)(1) of that section.
(C)
Whoever violates division
(A)(3)
(A)(3)(a)
or (A)(3)(b)
of this section is guilty of vehicular homicide. Except as otherwise
provided in this division, vehicular homicide is a misdemeanor of the
first degree. Vehicular homicide committed in violation of division
(A)(3)
(A)(3)(a)
or (A)(3)(b)
of this section is a felony of the fourth degree if, at the time of
the offense, the offender was driving under a suspension or
cancellation imposed under Chapter 4510. or any other provision of
the Revised Code or was operating a motor vehicle or motorcycle, did
not have a valid driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege, and was not eligible for renewal of the
offender's driver's license or commercial driver's license without
examination under section 4507.10 of the Revised Code or if the
offender previously has been convicted of or pleaded guilty to a
violation of this section or any traffic-related homicide,
manslaughter, or assault offense. The court shall impose a mandatory
jail term or a mandatory prison term on the offender when required by
division (E) of this section.
In
addition to any other sanctions imposed pursuant to this division,
the court shall impose upon the offender a class four suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code, or, if the offender previously
has been convicted of or pleaded guilty to a violation of this
section or any traffic-related homicide, manslaughter, or assault
offense, a class three suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(3) of that section, or, if the
offender previously has been convicted of or pleaded guilty to a
traffic-related murder, felonious assault, or attempted murder
offense, a class two suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege as specified
in division (A)(2) of that section.
(D)
(D)(1)
Whoever violates division
(A)(4)
(A)(3)(c),
(A)(4)(a), or (A)(4)(b)
of this section is guilty of vehicular manslaughter
and shall be punished as provided in divisions (D)(2) and (3) of this
section
.
Except
(2)(a)
Except
as
otherwise provided in
this
division
(D)(2)(b) of this section
,
vehicular manslaughter
committed
in violation of division (A)(3)(c) or (A)(4)(b) of this section is a
felony of the fourth degree.
(b)
Vehicular manslaughter committed in violation of division (A)(3)(c)
or (A)(4)(b) of this section is a felony of the third degree if, at
the time of the offense, the offender was driving under a suspension
or cancellation imposed under Chapter 4510. or any other provision of
the Revised Code or was operating a motor vehicle or motorcycle, did
not have a valid driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege, and was not eligible for renewal of the
offender's driver's license or commercial driver's license without
examination under section 4507.10 of the Revised Code or if the
offender previously has been convicted of or pleaded guilty to a
violation of this section or any traffic-related homicide,
manslaughter, or assault offense.
In
addition to any other sanctions imposed pursuant to this division,
the court shall impose upon the offender a class three suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code, or, if the offender previously
has been convicted of or pleaded guilty to a violation of this
section or any traffic-related homicide, manslaughter, or assault
offense, a class two suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(3) of that section, or, if the
offender previously has been convicted of or pleaded guilty to a
traffic-related murder, felonious assault, or attempted murder
offense, a class one suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege as specified
in division (A)(2) of that section.
(3)(a)
Except as otherwise provided in division (D)(3)(b) of this section,
vehicular manslaughter committed in violation of division (A)(4)(a)
of this section
is
a misdemeanor of the second degree.
Vehicular
(b)
Vehicular
manslaughter
committed
in violation of division (A)(4)(a) of this section
is
a misdemeanor of the first degree if, at the time of the offense, the
offender was driving under a suspension or cancellation imposed under
Chapter 4510. or any other provision of the Revised Code or was
operating a motor vehicle or motorcycle, did not have a valid
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege, and
was not eligible for renewal of the offender's driver's license or
commercial driver's license without examination under section 4507.10
of the Revised Code or if the offender previously has been convicted
of or pleaded guilty to a violation of this section or any
traffic-related homicide, manslaughter, or assault offense.
In
addition to any other sanctions imposed pursuant to
this
division
(D)(3) of this section
,
the court shall impose upon the offender a class six suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(6) of
section 4510.02 of the Revised Code or, if the offender previously
has been convicted of or pleaded guilty to a violation of this
section, any traffic-related homicide, manslaughter, or assault
offense, or a traffic-related murder, felonious assault, or attempted
murder offense, a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of that section.
(E)(1)
The court shall impose a mandatory prison term on an offender who is
convicted of or pleads guilty to a violation of division (A)(1) of
this section. Except as otherwise provided in this division, the
mandatory prison term shall be a definite term from the range of
prison terms provided in division (A)(1)(b) of section 2929.14 of the
Revised Code for a felony of the first degree or from division
(A)(2)(b) of that section for a felony of the second degree,
whichever is applicable, except that if the violation is committed on
or after March 22, 2019, the court shall impose as the minimum prison
term for the offense a mandatory prison term that is one of the
minimum terms prescribed for a felony of the first degree in division
(A)(1)(a) of section 2929.14 of the Revised Code or one of the terms
prescribed for a felony of the second degree in division (A)(2)(a) of
that section, whichever is applicable. If division (B)(2)(c) or (d)
of this section applies to an offender who is convicted of or pleads
guilty to the violation of division (A)(1) of this section, the court
shall impose the mandatory prison term pursuant to division (A) or
(B) of section 2929.142 of the Revised Code, as applicable. The court
shall impose a mandatory jail term of at least fifteen days on an
offender who is convicted of or pleads guilty to a misdemeanor
violation of division (A)(3)(b) of this section and may impose upon
the offender a longer jail term as authorized pursuant to section
2929.24 of the Revised Code.
(2)
The court shall impose a mandatory prison term on an offender who is
convicted of or pleads guilty to a violation of division
(A)(2)
(A)(2)(a),
(2)(b),
or (3)(a) of this section or a felony violation of division (A)(3)(b)
of this section if either division (E)(2)(a) or (b) of this section
applies. The mandatory prison term shall be a definite term from the
range of prison terms provided in division (A)(3)(a) of section
2929.14 of the Revised Code for a felony of the third degree or from
division (A)(4) of that section for a felony of the fourth degree,
whichever is applicable. The court shall impose a mandatory prison
term on an offender in a category described in this division if
either of the following applies:
(a)
The offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.08 of the Revised Code.
(b)
At the time of the offense, the offender was driving under suspension
or cancellation under Chapter 4510. or any other provision of the
Revised Code or was operating a motor vehicle or motorcycle, did not
have a valid driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege, and was not eligible for renewal of the offender's
driver's license or commercial driver's license without examination
under section 4507.10 of the Revised Code.
(F)
Divisions (A)(2)(b)
and
,
(2)(c),
(3)(b)
,
(3)(c), and (4)(b)
of this section do not apply in a particular construction zone
or
active school zone
unless
signs of the type described in section 2903.081 of the Revised Code
are erected in that construction zone
or
active school zone
in
accordance with the guidelines and design specifications established
by the director of transportation under section 5501.27 of the
Revised Code. The failure to erect signs of the type described in
section 2903.081 of the Revised Code in a particular construction
zone
or
active school zone
in
accordance with those guidelines and design specifications does not
limit or affect the application of division (A)(1), (A)(2)(a),
(A)(3)(a), or
(A)(4)
(A)(4)(a)
of this section in that construction zone
or active school zone
or the prosecution of any person who violates any of those divisions
in that construction zone
or active school zone
.
(G)(1)
As used in this section:
(a)
"Mandatory prison term" and "mandatory jail term"
have the same meanings as in section 2929.01 of the Revised Code.
(b)
"Traffic-related homicide, manslaughter, or assault offense"
means a violation of section 2903.04 of the Revised Code in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised Code
as they existed prior to March 23, 2000.
(c)
"Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(d)
"Reckless operation offense" means a violation of section
4511.20 of the Revised Code or a municipal ordinance substantially
equivalent to section 4511.20 of the Revised Code.
(e)
"Speeding offense" means a violation of section 4511.21 of
the Revised Code or a municipal ordinance pertaining to speed.
(f)
"Traffic-related murder, felonious assault, or attempted murder
offense" means a violation of section 2903.01 or 2903.02 of the
Revised Code in circumstances in which the offender used a motor
vehicle as the means to commit the violation, a violation of division
(A)(2) of section 2903.11 of the Revised Code in circumstances in
which the deadly weapon used in the commission of the violation is a
motor vehicle, or an attempt to commit aggravated murder or murder in
violation of section 2923.02 of the Revised Code in circumstances in
which the offender used a motor vehicle as the means to attempt to
commit the aggravated murder or murder.
(g)
"Motor vehicle," "mini-truck," and "utility
vehicle" have the same meanings as in section 4501.01 of the
Revised Code.
(h)
"OVI offense" means a violation of division (A) of section
4511.19 of the Revised Code, a violation of division (A) of section
1547.11 of the Revised Code, a violation of division (A)(3) of
section 4561.15 of the Revised Code, or a substantially equivalent
municipal ordinance.
(i)
"Active school zone" has the same meaning as in section
4511.01 of the Revised Code.
(2)
For the purposes of this section, when a penalty or suspension is
enhanced because of a prior or current violation of a specified law
or a prior or current specified offense, the reference to the
violation of the specified law or the specified offense includes any
violation of any substantially equivalent municipal ordinance, former
law of this state, or current or former law of another state or the
United States.
Sec.
2903.08.
(A)
No person, while operating or participating in the operation of a
motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile,
locomotive, watercraft, or aircraft, shall cause serious physical
harm to another person or another's unborn in any of the following
ways:
(1)(a)
As the proximate result of committing a violation of division (A) of
section 4511.19 of the Revised Code or of a substantially equivalent
municipal ordinance;
(b)
As the proximate result of committing a violation of division (A) of
section 1547.11 of the Revised Code or of a substantially equivalent
municipal ordinance;
(c)
As the proximate result of committing a violation of division (A)(3)
of section 4561.15 of the Revised Code or of a substantially
equivalent municipal ordinance.
(2)
In one of the following ways:
(a)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a reckless
operation offense, provided that this division applies only if the
person to whom the serious physical harm is caused or to whose unborn
the serious physical harm is caused is in the construction zone at
the time of the offender's commission of the reckless operation
offense in the construction zone and does not apply as described in
division (E) of this section;
(b)
Recklessly
;
(c)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in an active school zone, a reckless
operation offense, provided that this division applies only if the
person to whom the serious physical harm is caused or to whose unborn
the serious physical harm is caused is in an active school zone at
the time of the offender's commission of the reckless operation
offense in the active school zone and does not apply as described in
division (E) of this section
.
(3)
(3)(a)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a speeding offense,
provided that this division applies only if the person to whom the
serious physical harm is caused or to whose unborn the serious
physical harm is caused is in the construction zone at the time of
the offender's commission of the speeding offense in the construction
zone and does not apply as described in division (E) of this section.
(b)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in an active school zone, a speeding
offense, provided that this division applies only if the person to
whom the serious physical harm is caused or to whose unborn the
serious physical harm is caused is in the active school zone at the
time of the offender's commission of the speeding offense in the
active school zone and does not apply as described in division (E) of
this section.
(c)
As the proximate result of committing, within an active school zone,
a violation of any provision of any section contained in Title XLV of
the Revised Code that is a minor misdemeanor or of a municipal
ordinance that, regardless of the penalty set by ordinance for the
violation, is substantially equivalent to any provision of any
section contained in Title XLV of the Revised Code that is a minor
misdemeanor, provided that this division applies only if the person
to whom the serious physical harm is caused or to whose unborn the
serious physical harm is caused is in the active school zone at the
time of the offender's commission of the speeding offense in the
active school zone and does not apply as described in division (E) of
this section.
(B)(1)
Whoever violates division (A)(1) of this section is guilty of
aggravated vehicular assault. Except as otherwise provided in this
division, aggravated vehicular assault is a felony of the third
degree. Aggravated vehicular assault is a felony of the second degree
if any of the following apply:
(a)
At the time of the offense, the offender was driving under a
suspension imposed under Chapter 4510. or any other provision of the
Revised Code.
(b)
The offender previously has been convicted of or pleaded guilty to a
violation of this section.
(c)
The offender previously has been convicted of or pleaded guilty to
any traffic-related homicide, manslaughter, or assault offense.
(d)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of division (A) of section 4511.19 of
the Revised Code or a substantially equivalent municipal ordinance
within the previous ten years.
(e)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of division (A) of section 1547.11 of
the Revised Code or of a substantially equivalent municipal ordinance
within the previous ten years.
(f)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of division (A)(3) of section 4561.15
of the Revised Code or of a substantially equivalent municipal
ordinance within the previous ten years.
(g)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of any combination of the offenses
listed in division (B)(1)(d), (e), or (f) of this section.
(h)
The offender previously has been convicted of or pleaded guilty to a
second or subsequent felony violation of division (A) of section
4511.19 of the Revised Code.
(2)
In addition to any other sanctions imposed pursuant to division
(B)(1) of this section, except as otherwise provided in this
division, the court shall impose upon the offender a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of section 4510.02 of the Revised Code. If the offender
previously has been convicted of or pleaded guilty to a violation of
this section, any traffic-related homicide, manslaughter, or assault
offense, or any traffic-related murder, felonious assault, or
attempted murder offense, the court shall impose either a class two
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(2) of that section or a class one suspension as specified in
division (A)(1) of that section.
(C)(1)
Whoever violates division (A)(2) or (3) of this section is guilty of
vehicular assault and shall be punished as provided in divisions
(C)(2) and (3) of this section.
(2)
Except as otherwise provided in this division, vehicular assault
committed in violation of division (A)(2) of this section is a felony
of the fourth degree. Vehicular assault committed in violation of
division (A)(2) of this section is a felony of the third degree if,
at the time of the offense, the offender was driving under a
suspension imposed under Chapter 4510. or any other provision of the
Revised Code, if the offender previously has been convicted of or
pleaded guilty to a violation of this section or any traffic-related
homicide, manslaughter, or assault offense, or if, in the same course
of conduct that resulted in the violation of division (A)(2) of this
section, the offender also violated section 4549.02, 4549.021, or
4549.03 of the Revised Code.
In
addition to any other sanctions imposed, the court shall impose upon
the offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of that section.
(3)
(3)(a)
Except as otherwise provided in
this
division
(C)(3)(c) of this section
,
vehicular assault committed in violation of division (A)(3)
(a)
of this section is a misdemeanor of the first degree.
(b)
Except as otherwise provided in division (C)(3)(c) of this section,
vehicular assault committed in violation of division (A)(3)(b) or
(A)(3)(c) of this section is a felony of the fifth degree.
(c)
Vehicular
assault committed in violation of division
(A)(3)
(A)(3)(a),
(b), or (c)
of this section is a felony of the fourth degree if, at the time of
the offense, the offender was driving under a suspension imposed
under Chapter 4510. or any other provision of the Revised Code or if
the offender previously has been convicted of or pleaded guilty to a
violation of this section or any traffic-related homicide,
manslaughter, or assault offense.
(d)
In
addition to any other sanctions imposed
under division (C)(3)(a), (b), or (c) of this section
,
the court shall impose upon the offender a class four suspension of
the offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(4) of
section 4510.02 of the Revised Code or, if the offender previously
has been convicted of or pleaded guilty to a violation of this
section, any traffic-related homicide, manslaughter, or assault
offense, or any traffic-related murder, felonious assault, or
attempted murder offense, a class three suspension of the offender's
driver's license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege from
the range specified in division (A)(3) of section 4510.02 of the
Revised Code.
(D)(1)
The court shall impose a mandatory prison term, as described in
division (D)(4) of this section, on an offender who is convicted of
or pleads guilty to a violation of division (A)(1) of this section.
(2)
The court shall impose a mandatory prison term, as described in
division (D)(4) of this section, on an offender who is convicted of
or pleads guilty to a violation of division
(A)(2)
(A)(2)(a)
or (b)
of this section or a felony violation of division
(A)(3)
(A)(3)(a)
of this section
if either of the following applies:
(a)
The offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.06 of the Revised Code.
(b)
At the time of the offense, the offender was driving under suspension
under Chapter 4510. or any other provision of the Revised Code
.
(3)
The court shall impose a mandatory jail term of at least seven days
on an offender who is convicted of or pleads guilty to a misdemeanor
violation of division
(A)(3)
(A)(3)(a)
of this section and may impose upon the offender a longer jail term
as authorized pursuant to section 2929.24 of the Revised Code.
(4)
A mandatory prison term required under division (D)(1) or (2) of this
section shall be a definite term from the range of prison terms
provided in division (A)(2)(b) of section 2929.14 of the Revised Code
for a felony of the second degree, from division (A)(3)(a) of that
section for a felony of the third degree,
or
from
division (A)(4) of that section for a felony of the fourth degree,
whichever is applicable, except that if the violation is a felony of
the second degree committed on or after March 22, 2019, the court
shall impose as the minimum prison term for the offense a mandatory
prison term that is one of the minimum terms prescribed for a felony
of the second degree in division (A)(2)(a) of section 2929.14 of the
Revised Code.
(E)
Divisions
(A)(2)(a)
(A)(2)
and (3) of this section do not apply in a particular construction
zone
or
active school zone
unless
signs of the type described in section 2903.081 of the Revised Code
are erected in that construction zone
or
active school zone
in
accordance with the guidelines and design specifications established
by the director of transportation under section 5501.27 of the
Revised Code. The failure to erect signs of the type described in
section 2903.081 of the Revised Code in a particular construction
zone
or
active school zone
in
accordance with those guidelines and design specifications does not
limit or affect the application of division (A)(1) or (2)(b) of this
section in that construction zone
or
active school zone
or
the prosecution of any person who violates either of those divisions
in that construction zone
or active school zone
.
(F)
As used in this section:
(1)
"Mandatory prison term" and "mandatory jail term"
have the same meanings as in section 2929.01 of the Revised Code.
(2)
"Traffic-related homicide, manslaughter, or assault offense"
and "traffic-related murder, felonious assault, or attempted
murder offense" have the same meanings as in section 2903.06 of
the Revised Code.
(3)
"Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(4)
"Reckless operation offense" and "speeding offense"
have the same meanings as in section 2903.06 of the Revised Code.
(5)
"Active school zone" has the same meaning as in section
4511.01 of the Revised Code.
(G)
For the purposes of this section, when a penalty or suspension is
enhanced because of a prior or current violation of a specified law
or a prior or current specified offense, the reference to the
violation of the specified law or the specified offense includes any
violation of any substantially equivalent municipal ordinance, former
law of this state, or current or former law of another state or the
United States.
Sec.
2903.081.
(A)
As used in this section:
(1)
"Active
school zone" has the same meaning as in section 4511.01 of the
Revised Code.
(2)
"Construction
zone" has the same meaning as in section 5501.27 of the Revised
Code.
(2)
"Reckless operation offense" and "speeding offense"
have the same meanings as in section 2903.06 of the Revised Code.
(B)
The director of transportation, board of county commissioners, or
board of township trustees shall cause signs to be erected in
construction zones
and
areas that become active school zones
notifying
motorists of the prohibitions set forth in sections 2903.06 and
2903.08 of the Revised Code regarding the death of or injury to any
person in the construction zone
as
a proximate result of a reckless operation offense or speeding
offense in the construction zone
or
active school zone
.
The prohibitions set forth in divisions (A)(2)(b)
and
,
(2)(c),
(3)(b)
,
(3)(c), and (4)(b)
of section 2903.06 and divisions (A)(2)(a)
,
(2)(c),
and (3) of section 2903.08 of the Revised Code apply to persons who
commit
a
reckless operation
the
applicable
offense
or
speeding offense
in
a particular construction zone
or
active school zone
only
when signs of that nature are erected in that construction zone
or
active school zone
in
accordance with the guidelines and design specifications established
by the director under section 5501.27 of the Revised Code. The
failure to erect signs of that nature in a particular construction
zone
or
area that becomes an active school zone
in
accordance with those guidelines and design specifications does not
limit or affect the application of division (A)(1), (A)(2)(a),
(A)(3)(a), or
(A)(4)
(A)(4)(a)
of section 2903.06 or division (A)(1) or (2)(b) of section 2903.08 of
the Revised Code in that construction zone
or
active school zone
or
the prosecution of any person who violates
either
any
of
those divisions in that construction zone
or active school zone
.
Sec.
4510.039.
(A)
A court may prohibit any person whose driver's or commercial driver's
license or permit is suspended under section 2903.06 or 2903.08 of
the Revised Code for an underlying offense that occurred in an active
school zone, or for a violation of a substantially equivalent
municipal ordinance, from retaining the license, obtaining limited
driving privileges, or having driving privileges reinstated, until
both of the following have occurred:
(1)
The person successfully completes a course of remedial driving
instruction approved by the director of public safety.
(2)
The person gives and maintains proof of financial responsibility in
accordance with section 4509.45 of the Revised Code.
(B)
Any course of remedial driving instruction the director approves
under this section shall require its students to attend at least
fifty per cent of the course in person. The director shall not
approve any course of remedial driving instruction that permits its
students to take more than fifty per cent of the course in any other
manner, including via video teleconferencing or the internet. A
minimum of twenty-five per cent of the number of hours of instruction
included in the course shall be devoted to instruction on driver
attitude. The course also shall devote a designated number of hours
to instruction in the area of school zone safety and operation of a
motor vehicle in active school zones. The director shall prescribe
the content of the instruction.
Sec.
4511.01.
As
used in this chapter and in Chapter 4513. of the Revised Code:
(A)
"Vehicle" means every device, including a bicycle,
motorized bicycle, and an electric bicycle, in, upon, or by which any
person or property may be transported or drawn upon a highway.
"Vehicle" does not include any motorized wheelchair, any
electric personal assistive mobility device, any low-speed
micromobility device, any personal delivery device as defined in
section 4511.513 of the Revised Code, any device that is moved by
power collected from overhead electric trolley wires or that is used
exclusively upon stationary rails or tracks, or any device that is
moved by human power.
(B)
"Motor vehicle" means every vehicle propelled or drawn by
power other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, electric bicycles,
road rollers, traction engines, power shovels, power cranes, and
other equipment used in construction work and not designed for or
employed in general highway transportation, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery, and
trailers designed and used exclusively to transport a boat between a
place of storage and a marina, or in and around a marina, when drawn
or towed on a street or highway for a distance of no more than ten
miles and at a speed of twenty-five miles per hour or less.
(C)
"Motorcycle" means every motor vehicle, other than a
tractor, having a seat or saddle for the use of the operator and
designed to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter,"
"autocycle," "cab-enclosed motorcycle," or
"motorcycle" without regard to weight or brake horsepower.
(D)
"Emergency vehicle" means emergency vehicles of municipal,
township, or county departments or public utility corporations when
identified as such as required by law, the director of public safety,
or local authorities, and motor vehicles when commandeered by a
police officer.
(E)
"Public safety vehicle" means any of the following:
(1)
Ambulances, including private ambulance companies under contract to a
municipal corporation, township, or county, and private ambulances
and nontransport vehicles bearing license plates issued under section
4503.49 of the Revised Code;
(2)
Motor vehicles used by public law enforcement officers or other
persons sworn to enforce the criminal and traffic laws of the state;
(3)
Any motor vehicle when properly identified as required by the
director of public safety, when used in response to fire emergency
calls or to provide emergency medical service to ill or injured
persons, and when operated by a duly qualified person who is a member
of a volunteer rescue service or a volunteer fire department, and who
is on duty pursuant to the rules or directives of that service. The
state fire marshal shall be designated by the director of public
safety as the certifying agency for all public safety vehicles
described in division (E)(3) of this section.
(4)
Vehicles used by fire departments, including motor vehicles when used
by volunteer fire fighters responding to emergency calls in the fire
department service when identified as required by the director of
public safety.
Any
vehicle used to transport or provide emergency medical service to an
ill or injured person, when certified as a public safety vehicle,
shall be considered a public safety vehicle when transporting an ill
or injured person to a hospital regardless of whether such vehicle
has already passed a hospital.
(5)
Vehicles used by the motor carrier enforcement unit for the
enforcement of orders and rules of the public utilities commission as
specified in section 5503.34 of the Revised Code.
(F)
"School bus" means every bus designed for carrying more
than nine passengers that is owned by a public, private, or
governmental agency or institution of learning and operated for the
transportation of children to or from a school session or a school
function, or owned by a private person and operated for compensation
for the transportation of children to or from a school session or a
school function. "School bus" does not include any of the
following:
(1)
A bus operated by a municipally owned transportation system, a mass
transit company operating exclusively within the territorial limits
of a municipal corporation, or within such limits and the territorial
limits of municipal corporations immediately contiguous to such
municipal corporation, nor a common passenger carrier certified by
the public utilities commission unless such bus is devoted
exclusively to the transportation of children to and from a school
session or a school function;
(2)
A van or bus used by a licensed child care center or type A family
child care home to transport children from the child care center or
type A family child care home to a school if the van or bus does not
have more than fifteen children in the van or bus at any time;
(3)
An alternative vehicle as defined in section 4511.76 of the Revised
Code.
(G)
"Bicycle" means a pedal-powered vehicle upon which a human
operator sits, including an electric bicycle.
(H)
"Motorized bicycle" or "moped" means any vehicle
having either two tandem wheels or one wheel in the front and two
wheels in the rear, that may be pedaled, and that is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces not more than one brake horsepower and is
capable of propelling the vehicle at a speed of not greater than
twenty miles per hour on a level surface. "Motorized bicycle"
or "moped" does not include an electric bicycle.
(I)
"Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not so
constructed as to carry any load thereon, or designed or used for
drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J)
"Agricultural tractor" and "traction engine" mean
every self-propelling vehicle designed or used for drawing other
vehicles or wheeled machinery but having no provision for carrying
loads independently of such other vehicles, and used principally for
agricultural purposes.
(K)
"Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L)
"Bus" means every motor vehicle designed for carrying more
than nine passengers and used for the transportation of persons other
than in a ridesharing arrangement, and every motor vehicle,
automobile for hire, or funeral car, other than a taxicab or motor
vehicle used in a ridesharing arrangement, designed and used for the
transportation of persons for compensation.
(M)
"Trailer" means every vehicle designed or used for carrying
persons or property wholly on its own structure and for being drawn
by a motor vehicle, including any such vehicle when formed by or
operated as a combination of a "semitrailer" and a vehicle
of the dolly type, such as that commonly known as a "trailer
dolly," a vehicle used to transport agricultural produce or
agricultural production materials between a local place of storage or
supply and the farm when drawn or towed on a street or highway at a
speed greater than twenty-five miles per hour, and a vehicle designed
and used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a
street or highway for a distance of more than ten miles or at a speed
of more than twenty-five miles per hour.
(N)
"Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor vehicle
so that in operation a part of its own weight or that of its load, or
both, rests upon and is carried by another vehicle.
(O)
"Pole trailer" means every trailer or semitrailer attached
to the towing vehicle by means of a reach, pole, or by being boomed
or otherwise secured to the towing vehicle, and ordinarily used for
transporting long or irregular shaped loads such as poles, pipes, or
structural members capable, generally, of sustaining themselves as
beams between the supporting connections.
(P)
"Railroad" means a carrier of persons or property operating
upon rails or tracks placed principally on a private right-of-way.
(Q)
"Train" means one or more locomotives coupled, with or
without cars, that operates on rails or tracks and to which all other
traffic is required by law to yield the right-of-way at highway-rail
grade crossings.
(R)
"Streetcar" means a car, other than a train, for
transporting persons or property, operated upon rails principally
within a street or highway.
(S)
"Trackless trolley" means every car that collects its power
from overhead electric trolley wires and that is not operated upon
rails or tracks.
(T)
"Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an explosion
that contains any oxidizing and combustible units or other
ingredients in such proportions, quantities, or packing that an
ignition by fire, by friction, by concussion, by percussion, or by a
detonator of any part of the compound or mixture may cause such a
sudden generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructive effects on contiguous
objects, or of destroying life or limb. Manufactured articles shall
not be held to be explosives when the individual units contain
explosives in such limited quantities, of such nature, or in such
packing, that it is impossible to procure a simultaneous or a
destructive explosion of such units, to the injury of life, limb, or
property by fire, by friction, by concussion, by percussion, or by a
detonator, such as fixed ammunition for small arms, firecrackers, or
safety fuse matches.
(U)
"Flammable liquid" means any liquid that has a flash point
of seventy degrees fahrenheit, or less, as determined by a tagliabue
or equivalent closed cup test device.
(V)
"Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W)
"Person" means every natural person, firm, co-partnership,
association, or corporation.
(X)
"Pedestrian" means any person on foot, in a motorized or
non-motorized wheelchair, or using another equivalent device, such as
skates or a skateboard. "Pedestrian" includes a personal
delivery device as defined in section 4511.513 of the Revised Code
unless the context clearly suggests otherwise.
(Y)
"Driver or operator" means every person who drives or is in
actual physical control of a vehicle, trackless trolley, or
streetcar.
(Z)
"Police officer" means every officer authorized to direct
or regulate traffic, or to make arrests for violations of traffic
regulations.
(AA)
"Local authorities" means every county, municipal, and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB)
"Street" or "highway" means a general term for
denoting a public way for purposes of travel by vehicles, streetcars,
trackless trolleys, and vulnerable road users, including the entire
area within the right-of-way.
(CC)
"Controlled-access highway" means every street or highway
in respect to which owners or occupants of abutting lands and other
persons have no legal right of access to or from the same except at
such points only and in such manner as may be determined by the
public authority having jurisdiction over such street or highway.
(DD)
"Private road" means every way or place in private
ownership used for vehicular travel by the owner and those having
express or implied permission from the owner but not by other
persons.
(EE)
"Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel and parking lanes,
not including the berm, sidewalk, or shoulder, even if the berm,
sidewalk, or shoulder is used by a person operating a bicycle or
other human-powered vehicle. If a highway includes two or more
separate roadways the term "roadway" means any such roadway
separately but not all such roadways collectively.
(FF)
"Sidewalk" means that portion of a street between the curb
lines, or the lateral lines of a roadway, and the adjacent property
lines or easements of private property, that is paved or improved,
and is intended for the use of pedestrians.
(GG)
"Laned highway" means a highway the roadway of which is
divided into two or more clearly marked lanes for vehicular traffic.
(HH)
"Through highway" means every street or highway as provided
in section 4511.65 of the Revised Code.
(II)
"State highway" means a highway under the jurisdiction of
the department of transportation, outside the limits of municipal
corporations, provided that the authority conferred upon the director
of transportation in section 5511.01 of the Revised Code to erect
state highway route markers and signs directing traffic shall not be
modified by sections 4511.01 to 4511.79 and 4511.99 of the Revised
Code.
(JJ)
"State route" means every highway that is designated with
an official state route number and so marked.
(KK)
"Intersection" means:
(1)
The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, the lateral boundary lines of the
roadways of two highways that join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different highways that join at any other angle might come into
conflict. The junction of an alley, driveway, or site roadway open to
public travel with a public roadway or highway does not constitute an
intersection, unless the public roadway or highway at the junction is
controlled by a traffic control device.
(2)
If a highway includes two roadways separated by a median, then every
crossing of each roadway of such divided highway by an intersecting
highway constitutes a separate intersection if the opposing left-turn
paths cross and there is sufficient interior storage for the design
vehicle. As used in this division, "design vehicle" means
the longest vehicle authorized under section 5577.05 of the Revised
Code to operate on that roadway without a permit.
(3)
At a location controlled by a highway traffic signal, regardless of
the distance between the separate intersections as described in
division (KK)(2) of this section:
(a)
If a stop line, yield line, or crosswalk has not been designated on
the roadway within the median between the separate intersections, the
two intersections and the roadway and median constitute one
intersection.
(b)
Where a stop line, yield line, or crosswalk is designated on the
roadway on the intersection approach, the area within the crosswalk
and any area beyond the designated stop line or yield line constitute
part of the intersection.
(c)
Where a crosswalk is designated on a roadway on the departure from
the intersection, the intersection includes the area that extends to
the far side of the crosswalk.
(LL)
"Crosswalk" means:
(1)
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the highway measured from the curbs, or, in the absence of curbs,
from the edges of the traversable roadway, and in the absence of a
sidewalk on one side of the roadway, the part of a roadway included
within the extension of the lateral lines of the sidewalk at right
angles to the center line;
(2)
Any portion of a roadway at an intersection or elsewhere, distinctly
indicated for pedestrian crossing by lines or other markings on the
surface, which might be supplemented by contrasting pavement texture,
style, or color;
(3)
Notwithstanding divisions (LL)(1) and (2) of this section,
"crosswalk" does not include an area where local
authorities have placed signs indicating no crossing.
(MM)
"Safety zone" means the area or space officially set apart
within a roadway for the exclusive use of pedestrians and protected
or marked or indicated by adequate signs as to be plainly visible at
all times.
(NN)
"Business district" means the territory fronting upon a
street or highway, including the street or highway, between
successive intersections within municipal corporations where fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or within
or outside municipal corporations where fifty per cent or more of the
frontage for a distance of three hundred feet or more is occupied by
buildings in use for business, and the character of such territory is
indicated by official traffic control devices.
(OO)
"Residence district" means the territory, not comprising a
business district, fronting on a street or highway, including the
street or highway, where, for a distance of three hundred feet or
more, the frontage is improved with residences or residences and
buildings in use for business.
(PP)
"Urban district" means the territory contiguous to and
including any street or highway which is built up with structures
devoted to business, industry, or dwelling houses situated at
intervals of less than one hundred feet for a distance of a quarter
of a mile or more, and the character of such territory is indicated
by official traffic control devices.
(QQ)
"Traffic control device" means a flagger, sign, signal,
marking, channelization device, or other device that uses colors,
shapes, symbols, words, sounds, or tactile information for the
primary purpose of communicating a regulatory, warning, or guidance
message to road users on a street, highway, site roadway open to
public travel, pedestrian facility, bikeway, or pathway.
(RR)
"Traffic control signal" means a highway traffic signal
placed at an intersection, movable bridge, fire station, midblock
crosswalk, alternating one-way sections of a single lane road,
private driveway, or other location that requires conflicting traffic
to be directed to stop and permitted to proceed in an orderly manner.
"Traffic control signal" includes a vehicular signal
indication, a pedestrian signal indication, and a bicycle symbol
signal indication. "Traffic control signal" does not
include an emergency-vehicle hybrid beacon or a pedestrian hybrid
beacon.
(SS)
"Railroad sign or signal" means any sign, signal, or device
erected by authority of a public body or official or by a railroad
and intended to give notice of the presence of railroad tracks or the
approach of a train.
(TT)
"Traffic" means pedestrians, ridden or herded animals,
vehicles, streetcars, trackless trolleys, and other devices, either
singly or together, while using for purposes of travel any highway or
site roadway open to public travel.
(UU)
"Right-of-way" means either of the following, as the
context requires:
(1)
The right of a vehicle, streetcar, trackless trolley, or pedestrian
to proceed uninterruptedly in a lawful manner in the direction in
which it or the individual is moving in preference to another
vehicle, streetcar, trackless trolley, or pedestrian approaching from
a different direction into its or the individual's path;
(2)
A general term denoting land, property, or the interest therein,
usually in the configuration of a strip, acquired for or devoted to
transportation purposes. When used in this context, right-of-way
includes the roadway, shoulders or berm, ditch, and slopes extending
to the right-of-way limits under the control of the state or local
authority.
(VV)
"Rural mail delivery vehicle" means every vehicle used to
deliver United States mail on a rural mail delivery route.
(WW)
"Funeral escort vehicle" means any motor vehicle, including
a funeral hearse, while used to facilitate the movement of a funeral
procession.
(XX)
"Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban districts
and not intended for the purpose of through vehicular traffic, and
includes any street or highway that has been declared an "alley"
by the legislative authority of the municipal corporation in which
such street or highway is located.
(YY)
"Freeway" means a divided multi-lane highway for through
traffic with all crossroads separated in grade and with full control
of access.
(ZZ)
"Expressway" means a divided arterial street or highway for
through traffic with full or partial control of access with an excess
of fifty per cent of all crossroads separated in grade.
(AAA)
"Thruway" means a through highway whose entire roadway is
reserved for through traffic and on which roadway parking is
prohibited.
(BBB)
"Stop intersection" means any intersection at one or more
entrances of which stop signs are erected.
(CCC)
"Arterial street or highway" means a street or highway
primarily used by through traffic, usually on a continuous route or a
street or highway designated as part of an arterial system.
(DDD)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where such transportation is incidental to
another purpose of a volunteer driver and includes ridesharing
arrangements known as carpools, vanpools, and buspools.
(EEE)
"Motorized wheelchair" means any self-propelled vehicle
designed for, and used by, a person with a disability and that is
incapable of a speed in excess of eight miles per hour.
(FFF)
"Child care center" and "type A family child care
home" have the same meanings as in section 5104.01 of the
Revised Code.
(GGG)
"Multi-wheel agricultural tractor" means a type of
agricultural tractor that has two or more wheels or tires on each
side of one axle at the rear of the tractor, is designed or used for
drawing other vehicles or wheeled machinery, has no provision for
carrying loads independently of the drawn vehicles or machinery, and
is used principally for agricultural purposes.
(HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.
(III)
"Predicate motor vehicle or traffic offense" means any of
the following:
(1)
A violation of section 4511.03, 4511.051, 4511.12, 4511.132, 4511.16,
4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23,
4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31,
4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38,
4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432,
4511.44, 4511.441, 4511.451, 4511.452, 4511.46, 4511.47, 4511.48,
4511.481, 4511.49, 4511.50, 4511.511, 4511.522, 4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771,
4511.78, or 4511.84 of the Revised Code;
(2)
A violation of division (A)(2) of section 4511.17, divisions (A) to
(D) of section 4511.51, or division (A) of section 4511.74 of the
Revised Code;
(3)
A violation of any provision of sections 4511.01 to 4511.76 of the
Revised Code for which no penalty otherwise is provided in the
section that contains the provision violated;
(4)
A violation of section 4511.214 of the Revised Code;
(5)
A violation of a municipal ordinance that is substantially similar to
any section or provision set forth or described in division (III)(1),
(2), (3), or (4) of this section.
(JJJ)
"Road service vehicle" means wreckers, utility repair
vehicles, and state, county, and municipal service vehicles equipped
with visual signals by means of flashing, rotating, or oscillating
lights.
(KKK)
"Beacon" means a highway traffic signal with one or more
signal sections that operate in a flashing mode.
(LLL)
"Hybrid beacon" means a special type of beacon that is
intentionally placed in a dark mode where no indications are
displayed between periods of operation and, when operated, displays
both steady and flashing highway traffic signal indications. "Hybrid
beacon" includes both of the following:
(1)
An emergency-vehicle hybrid beacon used to warn and control traffic
at an otherwise unsignalized location to assist authorized emergency
vehicles in entering or crossing a street or highway;
(2)
A pedestrian hybrid beacon used to warn and control traffic at an
otherwise unsignalized location to assist pedestrians in crossing a
street or highway at a marked crosswalk.
(MMM)
"Highway traffic signal" means a power-operated traffic
control device by which traffic is warned or directed to take some
specific action. "Highway traffic signal" includes a
beacon, an in-road warning light, a lane-use control signal, and a
traffic control signal. "Highway traffic signal" does not
include a power-operated sign, steadily illuminated pavement marker,
gate, flashing light signal, warning light, or steady burning
electric lamp.
(NNN)
"Median" means the portion of a highway separating opposing
directions of the traveled way or the area between two roadways of a
divided highway, measured from edge of traveled way to edge of
traveled way. The median excludes turn lanes. The width of a median
may be different between intersections, interchanges, and at opposite
approaches of the same intersection.
(OOO)
"Site roadway open to public travel" means a roadway or
bikeway on site of a shopping center, office park, airport, school,
university, sports arena, recreational park, or other similar
business, government, or recreation facility that is publicly or
privately owned but where the public is allowed to travel without
full-time access restrictions. "Site roadway open to public
travel" does not include a roadway where access is restricted at
all times by gates or guards to residents, employees, or other
specifically authorized persons, a parking area, a driving aisle
within a parking area, or a private highway-rail grade crossing.
(PPP)
"Shared-use path" means a bikeway outside the traveled way
and physically separated from motorized vehicular traffic by an open
space or barrier and either within the highway right-of-way or within
an independent alignment. A shared-use path also may be used by
pedestrians, including skaters, joggers, users of manual and
motorized wheelchairs, and other authorized motorized and
non-motorized users. A shared-use path does not include any trail
that is intended to be used primarily for mountain biking, hiking,
equestrian use, or other similar uses, or any other single track or
natural surface trail that has historically been reserved for
nonmotorized use.
(QQQ)
"Highway maintenance vehicle" means a vehicle used in snow
and ice removal or road surface maintenance, including a snow plow,
traffic line striper, road sweeper, mowing machine, asphalt
distributing vehicle, or other such vehicle designed for use in
specific highway maintenance activities.
(RRR)
"Waste collection vehicle" means a vehicle used in the
collection of garbage, refuse, trash, or recyclable materials.
(SSS)
"Electric bicycle" means a "class 1 electric bicycle,"
a "class 2 electric bicycle," or a "class 3 electric
bicycle" as defined in this section.
(TTT)
"Class 1 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches
the speed of twenty miles per hour.
(UUU)
"Class 2 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that may provide assistance regardless of whether
the rider is pedaling and is not capable of providing assistance when
the bicycle reaches the speed of twenty miles per hour.
(VVV)
"Class 3 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches
the speed of twenty-eight miles per hour.
(WWW)
"Low-speed micromobility device" means a device weighing
less than one hundred pounds that has handlebars, is propelled by an
electric motor or human power, and has an attainable speed on a paved
level surface of not more than twenty miles per hour when propelled
by the electric motor.
(XXX)
"Natural resources officer" means an officer appointed
pursuant to section 1501.24 of the Revised Code.
(YYY)
"Wildlife officer" means an officer designated pursuant to
section 1531.13 of the Revised Code.
(ZZZ)
"In-road warning light" means a special type of highway
traffic signal that is installed in the roadway surface to warn road
users that they are approaching a condition on or adjacent to the
roadway that might not be readily apparent and might require the road
users to reduce speed or come to a complete stop.
(AAAA)
"Lane-use control signal" means a signal face or comparable
display on a full-matrix changeable message sign that displays
indications to permit or prohibit the use of specific lanes of a
roadway or a shoulder where driving is sometimes authorized or to
indicate the impending prohibition of such use.
(BBBB)
"Bicycle box" means a designated area on the approach to a
signalized intersection, between an advance motorist stop line and
the crosswalk or intersection, that is intended to provide bicyclists
a visible location to wait in front of stopped motorists during the
red signal phase.
(CCCC)
"Two-stage bicycle turn box" means a designated area at an
intersection that is intended to provide bicyclists a place to wait
for traffic to clear before proceeding in a different direction of
travel.
(DDDD)
"Bicycle lane" means a portion of a roadway that has been
designated for preferential or exclusive use by bicyclists and is
often delineated from the adjacent general-purpose lanes by
longitudinal pavement markings and either a bicycle lane symbol,
words, or signs. "Bicycle lane" includes all of the
following:
(1)
A buffer-separated bicycle lane, which is separated from the adjacent
general-purpose lanes by a pattern of standard longitudinal pavement
markings that are wider than a normal or wide-lane pavement marking;
(2)
A counter-flow bicycle lane, which is a one-directional bicycle lane
that provides a lawful path of travel for bicycles in the opposite
direction from the general traffic on a roadway that otherwise
requires the general traffic to travel in only one direction. A
counter-flow bicycle lane is designated by the traffic control
devices used for other bicycle lanes;
(3)
A separated bicycle lane, which is an exclusive facility for
bicyclists that is located within or directly adjacent to the roadway
and is physically separated from the motor vehicle traffic with a
vertical element.
(EEEE)
"Bicycle signal face" means a signal face that displays
only bicycle symbol signal indications in accordance with section
4511.15 of the Revised Code, that exclusively controls a bicyclist's
movement from a designated bicycle lane or from a separate facility,
and that displays signal indications that are applicable only to a
bicyclist's movement.
(FFFF)
"Bicycle signal sign" means a sign meant to inform road
users that the signal indications in the bicycle signal face are
intended only for bicyclists, and to inform bicyclists which
bicyclist movements are controlled by that bicycle signal face.
(GGGG)
"Bikeway" means any road, street, path, or way that in some
manner is specifically designated for bicycle travel, regardless of
whether the facility is designated for the exclusive use of bicycles
or if it is shared with other modes of transportation.
(HHHH)
"Busway" means a traveled way that is used exclusively by
buses.
(IIII)
"Driveway" means an access from a roadway to a building,
site, or abutting property.
(JJJJ)
"Roundabout" means a circular intersection with a yield
control at each entry, which permits a vehicle on the circulatory
roadway to proceed, with deflection of the approaching vehicles
counter-clockwise around a central island.
(KKKK)
"Shoulder" means a longitudinal area contiguous with the
traveled way that is used for accommodating vehicles that are stopped
for an emergency and for lateral support of base and surface courses;
graded for emergency stopping; either paved or unpaved; and when
paved, may be open for part-time travel by some or all vehicles or
may also be available for use by pedestrians or bicycles in the
absence of other pedestrian or bicycle facilities.
(LLLL)
"Autocycle," "cab-enclosed motorcycle,"
"electronic," "farm machinery," "motor-driven
cycle or motor scooter," "limited driving privileges,"
and "state" have the same meanings as in section 4501.01 of
the Revised Code.
(MMMM)
"Multifunction school activity bus" means a school bus
whose purposes do not include transporting children to and from home
or school bus stops.
(NNNN)
"Active school zone" means a school zone, as defined in
section 4511.21 of the Revised Code, during school recess and while
children are going to or leaving school during the opening or closing
hours, when school speed limit signs are erected, and the twenty
miles per hour speed limit is effective.
(OOOO)
"School-adjacent sector" means a portion of a street or
highway within an active school zone to which either of the following
applies:
(1)
The portion includes a crosswalk abutting school property that is
used by pedestrians to access the school property;
(2)
The portion is surrounded by school property on both sides of the
street or highway.
Sec.
4511.132.
(A)
The driver of a vehicle, streetcar, or trackless trolley who
approaches an intersection where traffic is controlled by highway
traffic signals shall do all of the following if the signal facing
the driver exhibits no colored lights or colored lighted arrows,
exhibits a combination of such lights or arrows that fails to clearly
indicate the assignment of right-of-way, or, if the vehicle is a
bicycle or an electric bicycle, the signals are otherwise
malfunctioning due to the failure of a vehicle detector to detect the
presence of the bicycle or electric bicycle:
(1)
Stop at a clearly marked stop line, but if none, stop before entering
the crosswalk on the near side of the intersection, or, if none, stop
before entering the intersection;
(2)
Yield the right-of-way to all vehicles, streetcars, or trackless
trolleys in the intersection or approaching on an intersecting road,
if the vehicles, streetcars, or trackless trolleys will constitute an
immediate hazard during the time the driver is moving across or
within the intersection or junction of roadways;
(3)
Exercise ordinary care while proceeding through the intersection.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.20.
(A)
No person shall operate a vehicle, trackless trolley, or streetcar on
any street or highway in willful or wanton disregard of the safety of
persons or property.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
(C)
Notwithstanding section 2929.28 of the Revised Code, if the offender
commits a violation of this section in a school-adjacent sector, the
court, in addition to all other penalties provided by law, may impose
a fine of two times the usual amount imposed for the violation.
Sec.
4511.202.
(A)
No person shall operate a motor vehicle, trackless trolley,
streetcar, agricultural tractor, or agricultural tractor that is
towing, pulling, or otherwise drawing a unit of farm machinery on any
street, highway, or property open to the public for vehicular traffic
without being in reasonable control of the vehicle, trolley,
streetcar, agricultural tractor, or unit of farm machinery.
(B)
Whoever violates this section is guilty of operating a motor vehicle
or agricultural tractor without being in control of it, a minor
misdemeanor.
(C)
Notwithstanding section 2929.28 of the Revised Code, if the offender
commits a violation of this section in a school-adjacent sector, the
court, in addition to all other penalties provided by law, may impose
a fine of two times the usual amount imposed for the violation.
Sec.
4511.204.
(A)
No person shall operate a motor vehicle, trackless trolley, or
streetcar on any street, highway, or property open to the public for
vehicular traffic while using, holding, or physically supporting with
any part of the person's body an electronic wireless communications
device.
(B)
Division (A) of this section does not apply to any of the following:
(1)
A person using an electronic wireless communications device to make
contact, for emergency purposes, 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 while using an electronic
wireless communications device in the course of the person's duties;
(3)
A person using an electronic wireless communications device when the
person's motor vehicle is in a stationary position and is outside a
lane of travel, at a highway traffic signal that is currently
directing traffic to stop, or parked on a road or highway due to an
emergency or road closure;
(4)
A person using and holding an electronic wireless communications
device directly near the person's ear for the purpose of making,
receiving, or conducting a telephone call, provided that the person
does not manually enter letters, numbers, or symbols into the device;
(5)
A person receiving wireless messages on an electronic wireless
communications 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, provided that the person does not hold or support the device
with any part of the person's body;
(6)
A person using the speaker phone function of the electronic wireless
communications device, provided that the person does not hold or
support the device with any part of the person's body;
(7)
A person using an electronic wireless communications device for
navigation purposes, provided that the person does not do either of
the following during the use:
(a)
Manually enter letters, numbers, or symbols into the device;
(b)
Hold or support the device with any part of the person's body.
(8)
A person using a feature or function of the electronic wireless
communications device with a single touch or single swipe, provided
that the person does not do either of the following during the use:
(a)
Manually enter letters, numbers, or symbols into the device;
(b)
Hold or support the device with any part of the person's body.
(9)
A person operating a commercial truck while using a mobile data
terminal that transmits and receives data;
(10)
A person operating a utility service vehicle or a vehicle for or on
behalf of a utility, if the person is acting in response to an
emergency, power outage, or circumstance that affects the health or
safety of individuals;
(11)
A person using an electronic wireless communications device in
conjunction with a voice-operated or hands-free feature or function
of the vehicle or of the device without the use of either hand except
to activate, deactivate, or initiate the feature or function with a
single touch or swipe, provided the person does not hold or support
the device with any part of the person's body;
(12)
A person using technology that physically or electronically
integrates the device into the motor vehicle, provided that the
person does not do either of the following during the use:
(a)
Manually enter letters, numbers, or symbols into the device;
(b)
Hold or support the device with any part of the person's body.
(13)
A person storing an electronic wireless communications device in a
holster, harness, or article of clothing on the person's body.
(C)(1)
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.
(2)
If a law enforcement officer issues an offender a ticket, citation,
or summons for a violation of division (A) of this section, the
officer shall do both of the following:
(a)
Report the issuance of the ticket, citation, or summons to the
officer's law enforcement agency;
(b)
Ensure that such report indicates the offender's race.
(D)
Whoever violates division (A) of this section is guilty of operating
a motor vehicle while using an electronic wireless communication
device, an unclassified misdemeanor, and shall be punished as
provided in divisions (D)(1) to
(5)
(6)
of this section.
(1)
The offender shall be fined, and is subject to a suspension of the
offender's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege, as follows:
(a)
Except as provided in divisions (D)(1)(b), (c), (d), and (2) of this
section, the court shall impose upon the offender a fine of not more
than one hundred fifty dollars.
(b)
If, within two years of the violation, the offender has been
convicted of or pleaded guilty to one prior violation of this section
or a substantially equivalent municipal ordinance, the court shall
impose upon the offender a fine of not more than two hundred fifty
dollars.
(c)
If, within two years of the violation, the offender has been
convicted of or pleaded guilty to two or more prior violations of
this section or a substantially equivalent municipal ordinance, the
court shall impose upon the offender a fine of not more than five
hundred dollars. The court also may impose a suspension of the
offender's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege for ninety days.
(d)
Notwithstanding divisions (D)(1)(a) to (c) of this section, if the
offender was operating the motor vehicle at the time of the violation
in a construction zone where a sign was posted in accordance with
section 4511.98 of the Revised Code, the court, in addition to all
other penalties provided by law, shall impose upon the offender a
fine of two times the amount imposed for the violation under division
(D)(1)(a), (b), or (c) of this section, as applicable.
(2)
If the offender is in the category of offenders to whom division
(D)(1)(a) of this section applies, in lieu of payment of the fine of
one hundred fifty dollars under division (D)(1)(a) of this section
and the assessment of points under division (D)(4) of this section,
the offender instead may elect to attend the distracted driving
safety course, as described in section 4511.991 of the Revised Code.
If the offender attends and successfully completes the course, the
offender shall be issued written evidence that the offender
successfully completed the course. The offender shall not be required
to pay the fine and shall not have the points assessed against that
offender's driver's license if the offender submits the written
evidence to the court within 90 days of the violation of division (A)
of this section. However, successful completion of the course does
not result in a dismissal of the charges for the violation, and the
violation is a prior offense under divisions (D)(1)(b) and (c) of
this section if the offender commits a subsequent violation or
violations of division (A) of this section within two years of the
offense for which the course was completed. This division does not
apply with respect to any offender in the category of offenders to
whom division (D)(1)(b), (c),
or
(d)
,
or (5)
of this section applies.
(3)
The court may impose any other penalty authorized under sections
2929.21 to 2929.28 of the Revised Code. However, the court shall not
impose a fine or a suspension not otherwise specified in division
(D)(1) of this section. The court also shall not impose a jail term
or community residential sanction.
(4)
Except as provided in division (D)(2) of this section, points shall
be assessed for a violation of division (A) of this section in
accordance with section 4510.036 of the Revised Code.
(5)
Notwithstanding section 2929.28 of the Revised Code, if the offender
commits a violation of this section in a school-adjacent sector, the
court, in addition to all other penalties provided by law, may impose
a fine of two times the usual amount imposed for the violation.
(6)
The offense established under this section is a strict liability
offense and section 2901.20 of the Revised Code does not apply. The
designation of this offense as a strict liability offense shall not
be construed to imply that any other offense, for which there is no
specified degree of culpability, is not a strict liability offense.
(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 an offense in violation of this section does not
preclude a prosecution for an offense in violation of a substantially
equivalent municipal ordinance based on the same conduct. However,
the two offenses are allied offenses of similar import under section
2941.25 of the Revised Code.
(G)(1)
A law enforcement officer does not have probable cause and shall not
stop the operator of a motor vehicle for purposes of enforcing this
section unless the officer visually observes the operator using,
holding, or physically supporting with any part of the person's body
the electronic wireless communications device.
(2)
A law enforcement officer who stops the operator of a motor vehicle,
trackless trolley, or streetcar for a violation of division (A) of
this section shall inform the operator that the operator may decline
a search of the operator's electronic wireless communications device.
The officer shall not do any of the following:
(a)
Access the device without a warrant, unless the operator voluntarily
and unequivocally gives consent for the officer to access the device;
(b)
Confiscate the device while awaiting the issuance of a warrant to
access the device;
(c)
Obtain consent from the operator to access the device through
coercion or any other improper means. Any consent by the operator to
access the device shall be voluntary and unequivocal before the
officer may access the device without a warrant.
(H)
As used in this section:
(1)
"Electronic wireless communications device" includes any of
the following:
(a)
A wireless telephone;
(b)
A text-messaging device;
(c)
A personal digital assistant;
(d)
A computer, including a laptop computer and a computer tablet;
(e)
Any device capable of displaying a video, movie, broadcast television
image, or visual image;
(f)
Any other substantially similar wireless device that is designed or
used to communicate text, initiate or receive communication, or
exchange information or data.
An
"electronic wireless communications device" does not
include a two-way radio transmitter or receiver used by a person who
is licensed by the federal communications commission to participate
in the amateur radio service.
(2)
"Voice-operated or hands-free feature or function" means a
feature or function that allows a person to use an electronic
wireless communications device without the use of either hand, except
to activate, deactivate, or initiate the feature or function with a
single touch or single swipe.
(3)
"Utility" means an entity specified in division (A), (C),
(D), (E), or (G) of section 4905.03 of the Revised Code.
(4)
"Utility service vehicle" means a vehicle owned or operated
by a utility.
Sec.
4511.205.
(A)
No holder of a temporary instruction permit who has not attained the
age of eighteen years and no holder of a probationary driver's
license shall drive a motor vehicle on any street, highway, or
property used by the public for purposes of vehicular traffic or
parking while using in any manner an electronic wireless
communications device.
(B)
Division (A) of this section does not apply to either of the
following:
(1)
A person using an electronic wireless communications device 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 using an electronic wireless communications device whose
motor vehicle is in a stationary position and the motor vehicle is
outside a lane of travel;
(3)
A person using a navigation device in a voice-operated or hands-free
manner who does not manipulate the device while driving.
(C)(1)
Except as provided in division (C)(2) of this section, whoever
violates division (A) of this section shall be fined one hundred
fifty dollars. In addition, the court shall impose a class seven
suspension of the offender's driver's license or permit for a
definite period of sixty days.
(2)
If the person previously has been adjudicated a delinquent child or a
juvenile traffic offender for a violation of this section, whoever
violates this section shall be fined three hundred dollars. In
addition, the court shall impose a class seven suspension of the
person's driver's license or permit for a definite period of one
year.
(3)
Notwithstanding section 2929.28 of the Revised Code, if the offender
commits a violation of this section in a school-adjacent sector, the
court, in addition to all other penalties provided by law, may impose
a fine of two times the usual amount imposed for the violation.
(D)
The filing of a sworn complaint against a person for a violation of
this section does not preclude the filing of a sworn complaint for a
violation of a substantially equivalent municipal ordinance for the
same conduct. However, if a person is adjudicated a delinquent child
or a juvenile traffic offender for a violation of this section and is
also adjudicated a delinquent child or a juvenile traffic offender
for a violation of a substantially equivalent municipal ordinance for
the same conduct, the two offenses are allied offenses of similar
import under section 2941.25 of the Revised Code.
(E)
As used in this section, "electronic wireless communications
device" includes any of the following:
(1)
A wireless telephone;
(2)
A personal digital assistant;
(3)
A computer, including a laptop computer and a computer tablet;
(4)
A text-messaging device;
(5)
Any other substantially similar electronic wireless device that is
designed or used to communicate via voice, image, or written word.
Sec.
4511.21.
(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.
(B)
It is prima-facie lawful, in the absence of a lower limit declared or
established pursuant to this section by the director of
transportation or local authorities, for the operator of a motor
vehicle, trackless trolley, or streetcar to operate the same at a
speed not exceeding the following:
(1)(a)
Twenty miles per hour in school zones during school recess and while
children are going to or leaving school during the opening or closing
hours, and when twenty miles per hour school speed limit signs are
erected; except that, on controlled-access highways and expressways,
if the right-of-way line fence has been erected without pedestrian
opening, the speed shall be governed by division (B)(4) of this
section and on freeways, if the right-of-way line fence has been
erected without pedestrian opening, the speed shall be governed by
divisions (B)(10) and (11) of this section. The end of every school
zone may be marked by a sign indicating the end of the zone. Nothing
in this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or other
lights, or giving other special notice of the hours in which the
school zone speed limit is in effect.
(b)
As used in this section and in section 4511.212 of the Revised Code,
"school" means all of the following:
(i)
Any school chartered under section 3301.16 of the Revised Code;
(ii)
Any nonchartered school that during the preceding year filed with the
department of education and workforce in compliance with rule
3301-35-08 of the Ohio Administrative Code, a copy of the school's
report for the parents of the school's pupils certifying that the
school meets Ohio minimum standards for nonchartered,
nontax-supported schools and presents evidence of this filing to the
jurisdiction from which it is requesting the establishment of a
school zone;
(iii)
Any special elementary school that in writing requests the county
engineer of the county in which the special elementary school is
located to create a school zone at the location of that school. Upon
receipt of such a written request, the county engineer shall create a
school zone at that location by erecting the appropriate signs.
(iv)
Any preschool education program operated by an educational service
center that is located on a street or highway with a speed limit of
forty-five miles per hour or more, when the educational service
center in writing requests that either the director of transportation
or the county engineer of the county in which the program is located,
as applicable based on who has jurisdiction of the street or highway,
to create a school zone at the location of that program. Upon receipt
of such a written request, the director or the county engineer shall
create a school zone at that location by erecting the appropriate
signs.
(c)
As used in this section, "school zone" means that portion
of a street or highway passing a school fronting upon the street or
highway that is encompassed by projecting the school property lines
to the fronting street or highway, and also includes that portion of
a state highway. Upon request from local authorities for streets and
highways under their jurisdiction and that portion of a state highway
under the jurisdiction of the director of transportation or a request
from a county engineer in the case of a school zone for a special
elementary school, the director may extend the traditional school
zone boundaries. The distances in divisions (B)(1)(c)(i), (ii), and
(iii) of this section shall not exceed three hundred feet per
approach per direction and are bounded by whichever of the following
distances or combinations thereof the director approves as most
appropriate:
(i)
The distance encompassed by projecting the school building lines
normal to the fronting highway and extending a distance of three
hundred feet on each approach direction;
(ii)
The distance encompassed by projecting the school property lines
intersecting the fronting highway and extending a distance of three
hundred feet on each approach direction;
(iii)
The distance encompassed by the special marking of the pavement for a
principal school pupil crosswalk plus a distance of three hundred
feet on each approach direction of the highway.
Nothing
in this section shall be construed to invalidate the director's
initial action on August 9, 1976, establishing all school zones at
the traditional school zone boundaries defined by projecting school
property lines, except when those boundaries are extended as provided
in divisions (B)(1)(a) and (c) of this section.
(d)
As used in this division, "crosswalk" has the meaning given
that term in division (LL)(2) of section 4511.01 of the Revised Code.
The
director may, upon request by resolution of the legislative authority
of a municipal corporation, the board of trustees of a township, or a
county board of developmental disabilities created pursuant to
Chapter 5126. of the Revised Code, and upon submission by the
municipal corporation, township, or county board of such engineering,
traffic, and other information as the director considers necessary,
designate a school zone on any portion of a state route lying within
the municipal corporation, lying within the unincorporated territory
of the township, or lying adjacent to the property of a school that
is operated by such county board, that includes a crosswalk
customarily used by children going to or leaving a school during
recess and opening and closing hours, whenever the distance, as
measured in a straight line, from the school property line nearest
the crosswalk to the nearest point of the crosswalk is no more than
one thousand three hundred twenty feet. Such a school zone shall
include the distance encompassed by the crosswalk and extending three
hundred feet on each approach direction of the state route.
(e)
As used in this section, "special elementary school" means
a school that meets all of the following criteria:
(i)
It is not chartered and does not receive tax revenue from any source.
(ii)
It does not educate children beyond the eighth grade.
(iii)
It is located outside the limits of a municipal corporation.
(iv)
A majority of the total number of students enrolled at the school are
not related by blood.
(v)
The principal or other person in charge of the special elementary
school annually sends a report to the superintendent of the school
district in which the special elementary school is located indicating
the total number of students enrolled at the school, but otherwise
the principal or other person in charge does not report any other
information or data to the superintendent.
(2)
Twenty-five miles per hour in all other portions of a municipal
corporation, except on state routes outside business districts,
through highways outside business districts, and alleys;
(3)
Thirty-five miles per hour on all state routes or through highways
within municipal corporations outside business districts, except as
provided in divisions (B)(4) and (6) of this section;
(4)
Fifty miles per hour on controlled-access highways and expressways
within municipal corporations, except as provided in divisions
(B)(12), (13), (14), (15), and (16) of this section;
(5)
Fifty-five miles per hour on highways outside municipal corporations,
other than highways within island jurisdictions as provided in
division (B)(8) of this section, highways as provided in divisions
(B)(9) and (10) of this section, and highways, expressways, and
freeways as provided in divisions (B)(12), (13), (14), and (16) of
this section;
(6)
Fifty miles per hour on state routes within municipal corporations
outside urban districts unless a lower prima-facie speed is
established as further provided in this section;
(7)
Fifteen miles per hour on all alleys within the municipal
corporation;
(8)
Thirty-five miles per hour on highways outside municipal corporations
that are within an island jurisdiction;
(9)
Thirty-five miles per hour on through highways, except state routes,
that are outside municipal corporations and that are within a
national park with boundaries extending through two or more counties;
(10)
Sixty miles per hour on two-lane state routes outside municipal
corporations as established by the director under division (H)(2) of
this section;
(11)
Fifty-five miles per hour on freeways with paved shoulders inside
municipal corporations, other than freeways as provided in divisions
(B)(14) and (16) of this section;
(12)
Sixty miles per hour on rural expressways with traffic control
signals and on all portions of rural divided highways, except as
provided in divisions (B)(13) and (14) of this section;
(13)
Sixty-five miles per hour on all rural expressways without traffic
control signals;
(14)
Seventy miles per hour on all rural freeways;
(15)
Fifty-five miles per hour on all portions of freeways or expressways
in congested areas as determined by the director and that are located
within a municipal corporation or within an interstate freeway
outerbelt, except as provided in division (B)(16) of this section;
(16)
Sixty-five miles per hour on all portions of freeways or expressways
without traffic control signals in urbanized areas.
(C)
It is prima-facie unlawful for any person to exceed any of the speed
limitations in divisions (B)(1)(a), (2), (3), (4), (6), (7), (8), and
(9) of this section, or any declared or established pursuant to this
section by the director or local authorities and it is unlawful for
any person to exceed any of the speed limitations in division (D) of
this section. No person shall be convicted of more than one violation
of this section for the same conduct, although violations of more
than one provision of this section may be charged in the alternative
in a single affidavit.
(D)
No person shall operate a motor vehicle, trackless trolley, or
streetcar upon a street or highway as follows:
(1)
At a speed exceeding fifty-five miles per hour, except upon a
two-lane state route as provided in division (B)(10) of this section
and upon a highway, expressway, or freeway as provided in divisions
(B)(12), (13), (14), and (16) of this section;
(2)
At a speed exceeding sixty miles per hour upon a two-lane state route
as provided in division (B)(10) of this section and upon a highway as
provided in division (B)(12) of this section;
(3)
At a speed exceeding sixty-five miles per hour upon an expressway as
provided in division (B)(13) or upon a freeway as provided in
division (B)(16) of this section, except upon a freeway as provided
in division (B)(14) of this section;
(4)
At a speed exceeding seventy miles per hour upon a freeway as
provided in division (B)(14) of this section;
(5)
At a speed exceeding the posted speed limit upon a highway,
expressway, or freeway for which the director has determined and
declared a speed limit pursuant to division (I)(2) or (L)(2) of this
section.
(E)
In every charge of violation of this section the affidavit and
warrant shall specify the time, place, and speed at which the
defendant is alleged to have driven, and in charges made in reliance
upon division (C) of this section also the speed which division
(B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit
declared or established pursuant to, this section declares is
prima-facie lawful at the time and place of such alleged violation,
except that in affidavits where a person is alleged to have driven at
a greater speed than will permit the person to bring the vehicle to a
stop within the assured clear distance ahead the affidavit and
warrant need not specify the speed at which the defendant is alleged
to have driven.
(F)
When a speed in excess of both a prima-facie limitation and a
limitation in division (D) of this section is alleged, the defendant
shall be charged in a single affidavit, alleging a single act, with a
violation indicated of both division (B)(1)(a), (2), (3), (4), (6),
(7), (8), or (9) of this section, or of a limit declared or
established pursuant to this section by the director or local
authorities, and of the limitation in division (D) of this section.
If the court finds a violation of division (B)(1)(a), (2), (3), (4),
(6), (7), (8), or (9) of, or a limit declared or established pursuant
to, this section has occurred, it shall enter a judgment of
conviction under such division and dismiss the charge under division
(D) of this section. If it finds no violation of division (B)(1)(a),
(2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or
established pursuant to, this section, it shall then consider whether
the evidence supports a conviction under division (D) of this
section.
(G)
Points shall be assessed for violation of a limitation under division
(D) of this section in accordance with section 4510.036 of the
Revised Code.
(H)(1)
Whenever the director determines upon the basis of criteria
established by an engineering study, as defined by the director, that
any speed limit set forth in divisions (B)(1)(a) to (D) of this
section is greater or less than is reasonable or safe under the
conditions found to exist at any portion of a street or highway under
the jurisdiction of the director, the director shall determine and
declare a reasonable and safe prima-facie speed limit, which shall be
effective when appropriate signs giving notice of it are erected at
the location.
(2)
Whenever the director determines upon the basis of criteria
established by an engineering study, as defined by the director, that
the speed limit of fifty-five miles per hour on a two-lane state
route outside a municipal corporation is less than is reasonable or
safe under the conditions found to exist at that portion of the state
route, the director may determine and declare a speed limit of sixty
miles per hour for that portion of the state route, which shall be
effective when appropriate signs giving notice of it are erected at
the location.
(3)(a)
For purposes of the safe and orderly movement of traffic upon any
portion of a street or highway under the jurisdiction of the
director, the director may establish a variable speed limit that is
different than the speed limit established by or under this section
on all or portions of interstate six hundred seventy, interstate two
hundred seventy-five, and interstate ninety commencing at the
intersection of that interstate with interstate seventy-one and
continuing to the border of the state of Ohio with the state of
Pennsylvania. The director shall establish criteria for determining
the appropriate use of variable speed limits and shall establish
variable speed limits in accordance with the criteria. The director
may establish variable speed limits based upon the time of day,
weather conditions, traffic incidents, or other factors that affect
the safe speed on a street or highway. The director shall not
establish a variable speed limit that is based on a particular type
or class of vehicle. A variable speed limit established by the
director under this section is effective when appropriate signs
giving notice of the speed limit are displayed at the location.
(b)
Except for variable speed limits established under division (H)(3)(a)
of this section, the director shall establish a variable speed limit
under the authority granted to the director by this section on not
more than two additional highways and only pursuant to criteria
established in rules adopted in accordance with Chapter 119. of the
Revised Code. The rules shall be based on the criteria described in
division (H)(3)(a) of this section. The rules also shall establish
the parameters of any engineering study necessary for determining
when variable speed limits are appropriate.
(4)
Nothing in this section shall be construed to limit the authority of
the director to establish speed limits within a construction zone as
authorized under section 4511.98 of the Revised Code.
(I)(1)
Except as provided in divisions (I)(2), (J), (K), and (N) of this
section, whenever local authorities determine upon the basis of
criteria established by an engineering study, as defined by the
director, that the speed permitted by divisions (B)(1)(a) to (D) of
this section, on any part of a highway under their jurisdiction, is
greater than is reasonable and safe under the conditions found to
exist at such location, the local authorities may by resolution
request the director to determine and declare a reasonable and safe
prima-facie speed limit. Upon receipt of such request the director
may determine and declare a reasonable and safe prima-facie speed
limit at such location, and if the director does so, then such
declared speed limit shall become effective only when appropriate
signs giving notice thereof are erected at such location by the local
authorities. The director may withdraw the declaration of a
prima-facie speed limit whenever in the director's opinion the
altered prima-facie speed limit becomes unreasonable. Upon such
withdrawal, the declared prima-facie speed limit shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(2)
A local authority may determine on the basis of criteria established
by an engineering study, as defined by the director, that the speed
limit of sixty-five or seventy miles per hour on a portion of a
freeway under its jurisdiction is greater than is reasonable or safe
under the conditions found to exist at that portion of the freeway.
If the local authority makes such a determination, the local
authority by resolution may request the director to determine and
declare a reasonable and safe speed limit of not less than fifty-five
miles per hour for that portion of the freeway. If the director takes
such action, the declared speed limit becomes effective only when
appropriate signs giving notice of it are erected at such location by
the local authority.
(J)
Local authorities in their respective jurisdictions may authorize by
ordinance higher prima-facie speeds than those stated in this section
upon through highways, or upon highways or portions thereof where
there are no intersections, or between widely spaced intersections,
provided signs are erected giving notice of the authorized speed, but
local authorities shall not modify or alter the basic rule set forth
in division (A) of this section or in any event authorize by
ordinance a speed in excess of the maximum speed permitted by
division (D) of this section for the specified type of highway.
Alteration
of prima-facie limits on state routes by local authorities shall not
be effective until the alteration has been approved by the director.
The director may withdraw approval of any altered prima-facie speed
limits whenever in the director's opinion any altered prima-facie
speed becomes unreasonable, and upon such withdrawal, the altered
prima-facie speed shall become ineffective and the signs relating
thereto shall be immediately removed by the local authorities.
(K)(1)
As used in divisions (K)(1), (2), (3), and (4) of this section,
"unimproved highway" means a highway consisting of any of
the following:
(a)
Unimproved earth;
(b)
Unimproved graded and drained earth;
(c)
Gravel.
(2)
Except as otherwise provided in divisions (K)(4) and (5) of this
section, whenever a board of township trustees determines upon the
basis of criteria established by an engineering study, as defined by
the director, that the speed permitted by division (B)(5) of this
section on any part of an unimproved highway under its jurisdiction
and in the unincorporated territory of the township is greater than
is reasonable or safe under the conditions found to exist at the
location, the board may by resolution declare a reasonable and safe
prima-facie speed limit of fifty-five but not less than twenty-five
miles per hour. An altered speed limit adopted by a board of township
trustees under this division becomes effective when appropriate
traffic control devices, as prescribed in section 4511.11 of the
Revised Code, giving notice thereof are erected at the location,
which shall be no sooner than sixty days after adoption of the
resolution.
(3)(a)
Whenever, in the opinion of a board of township trustees, any altered
prima-facie speed limit established by the board under this division
becomes unreasonable, the board may adopt a resolution withdrawing
the altered prima-facie speed limit. Upon the adoption of such a
resolution, the altered prima-facie speed limit becomes ineffective
and the traffic control devices relating thereto shall be immediately
removed.
(b)
Whenever a highway ceases to be an unimproved highway and the board
has adopted an altered prima-facie speed limit pursuant to division
(K)(2) of this section, the board shall, by resolution, withdraw the
altered prima-facie speed limit as soon as the highway ceases to be
unimproved. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic control
devices relating thereto shall be immediately removed.
(4)(a)
If the boundary of two townships rests on the centerline of an
unimproved highway in unincorporated territory and both townships
have jurisdiction over the highway, neither of the boards of township
trustees of such townships may declare an altered prima-facie speed
limit pursuant to division (K)(2) of this section on the part of the
highway under their joint jurisdiction unless the boards of township
trustees of both of the townships determine, upon the basis of
criteria established by an engineering study, as defined by the
director, that the speed permitted by division (B)(5) of this section
is greater than is reasonable or safe under the conditions found to
exist at the location and both boards agree upon a reasonable and
safe prima-facie speed limit of less than fifty-five but not less
than twenty-five miles per hour for that location. If both boards so
agree, each shall follow the procedure specified in division (K)(2)
of this section for altering the prima-facie speed limit on the
highway. Except as otherwise provided in division (K)(4)(b) of this
section, no speed limit altered pursuant to division (K)(4)(a) of
this section may be withdrawn unless the boards of township trustees
of both townships determine that the altered prima-facie speed limit
previously adopted becomes unreasonable and each board adopts a
resolution withdrawing the altered prima-facie speed limit pursuant
to the procedure specified in division (K)(3)(a) of this section.
(b)
Whenever a highway described in division (K)(4)(a) of this section
ceases to be an unimproved highway and two boards of township
trustees have adopted an altered prima-facie speed limit pursuant to
division (K)(4)(a) of this section, both boards shall, by resolution,
withdraw the altered prima-facie speed limit as soon as the highway
ceases to be unimproved. Upon the adoption of the resolution, the
altered prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(5)
As used in division (K)(5) of this section:
(a)
"Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a highway
where, for a distance of three hundred feet or more, the frontage is
improved with buildings in use for commercial purposes, or where the
entire length of the highway is less than three hundred feet long and
the frontage is improved with buildings in use for commercial
purposes.
(b)
"Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a highway,
where, for a distance of three hundred feet or more, the frontage is
improved with residences or residences and buildings in use for
business, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with residences
or residences and buildings in use for business.
Whenever
a board of township trustees finds upon the basis of criteria
established by an engineering study, as defined by the director, that
the prima-facie speed permitted by division (B)(5) of this section on
any part of a highway under its jurisdiction that is located in a
commercial or residential subdivision, except on highways or portions
thereof at the entrances to which vehicular traffic from the majority
of intersecting highways is required to yield the right-of-way to
vehicles on such highways in obedience to stop or yield signs or
traffic control signals, is greater than is reasonable and safe under
the conditions found to exist at the location, the board may by
resolution declare a reasonable and safe prima-facie speed limit of
less than fifty-five but not less than twenty-five miles per hour at
the location. An altered speed limit adopted by a board of township
trustees under this division shall become effective when appropriate
signs giving notice thereof are erected at the location by the
township. Whenever, in the opinion of a board of township trustees,
any altered prima-facie speed limit established by it under this
division becomes unreasonable, it may adopt a resolution withdrawing
the altered prima-facie speed, and upon such withdrawal, the altered
prima-facie speed shall become ineffective, and the signs relating
thereto shall be immediately removed by the township.
(L)(1)
The director of transportation, based upon an engineering study, as
defined by the director, of a highway, expressway, or freeway
described in division (B)(12), (13), (14), (15), or (16) of this
section, in consultation with the director of public safety and, if
applicable, the local authority having jurisdiction over the studied
highway, expressway, or freeway, may determine and declare that the
speed limit established on such highway, expressway, or freeway under
division (B)(12), (13), (14), (15), or (16) of this section either is
reasonable and safe or is more or less than that which is reasonable
and safe.
(2)
If the established speed limit for a highway, expressway, or freeway
studied pursuant to division (L)(1) of this section is determined to
be more or less than that which is reasonable and safe, the director
of transportation, in consultation with the director of public safety
and, if applicable, the local authority having jurisdiction over the
studied highway, expressway, or freeway, shall determine and declare
a reasonable and safe speed limit for that highway, expressway, or
freeway.
(M)(1)(a)
If the boundary of two local authorities rests on the centerline of a
highway and both authorities have jurisdiction over the highway, the
speed limit for the part of the highway within their joint
jurisdiction shall be either one of the following as agreed to by
both authorities:
(i)
Either prima-facie speed limit permitted by division (B) of this
section;
(ii)
An altered speed limit determined and posted in accordance with this
section.
(b)
If the local authorities are unable to reach an agreement, the speed
limit shall remain as established and posted under this section.
(2)
Neither local authority may declare an altered prima-facie speed
limit pursuant to this section on the part of the highway under their
joint jurisdiction unless both of the local authorities determine,
upon the basis of criteria established by an engineering study, as
defined by the director, that the speed permitted by this section is
greater than is reasonable or safe under the conditions found to
exist at the location and both authorities agree upon a uniform
reasonable and safe prima-facie speed limit of less than fifty-five
but not less than twenty-five miles per hour for that location. If
both authorities so agree, each shall follow the procedure specified
in this section for altering the prima-facie speed limit on the
highway, and the speed limit for the part of the highway within their
joint jurisdiction shall be uniformly altered. No altered speed limit
may be withdrawn unless both local authorities determine that the
altered prima-facie speed limit previously adopted becomes
unreasonable and each adopts a resolution withdrawing the altered
prima-facie speed limit pursuant to the procedure specified in this
section.
(N)
The legislative authority of a municipal corporation or township in
which a boarding school is located, by resolution or ordinance, may
establish a boarding school zone. The legislative authority may alter
the speed limit on any street or highway within the boarding school
zone and shall specify the hours during which the altered speed limit
is in effect. For purposes of determining the boundaries of the
boarding school zone, the altered speed limit within the boarding
school zone, and the hours the altered speed limit is in effect, the
legislative authority shall consult with the administration of the
boarding school and with the county engineer or other appropriate
engineer, as applicable. A boarding school zone speed limit becomes
effective only when appropriate signs giving notice thereof are
erected at the appropriate locations.
(O)
As used in this section:
(1)
"Interstate system" has the same meaning as in 23 U.S.C.
101.
(2)
"Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the transportation of
persons for compensation.
(3)
"Noncommercial bus" includes but is not limited to a school
bus or a motor vehicle operated solely for the transportation of
persons associated with a charitable or nonprofit organization.
(4)
"Outerbelt" means a portion of a freeway that is part of
the interstate system and is located in the outer vicinity of a major
municipal corporation or group of municipal corporations, as
designated by the director.
(5)
"Rural" means an area outside urbanized areas and outside
of a business or urban district, and areas that extend within
urbanized areas where the roadway characteristics remain mostly
unchanged from those outside the urbanized areas.
(6)
"Urbanized area" has the same meaning as in 23 U.S.C. 101.
(7)
"Divided" means a roadway having two or more travel lanes
for vehicles moving in opposite directions and that is separated by a
median of more than four feet, excluding turn lanes.
(P)(1)
A violation of any provision of this section is one of the following:
(a)
Except as otherwise provided in divisions (P)(1)(b), (1)(c), (2), and
(3) of this section, a minor misdemeanor;
(b)
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to two violations of any provision of
this section or of any provision of a municipal ordinance that is
substantially similar to any provision of this section, a misdemeanor
of the fourth degree;
(c)
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to three or more violations of any
provision of this section or of any provision of a municipal
ordinance that is substantially similar to any provision of this
section, a misdemeanor of the third degree.
(2)
If the offender operated a motor vehicle faster than thirty-five
miles an hour in a business district of a municipal corporation
,
or
faster than fifty miles an hour in other portions of a municipal
corporation, or faster than thirty-five miles an hour in
a
an
active
school
zone
during recess or while children are going to or leaving school during
the school's opening or closing hours
,
a misdemeanor of the fourth degree. Division (P)(2) of this section
does not apply if penalties may be imposed under division (P)(1)(b)
or (c) of this section.
(3)
Notwithstanding division (P)(1) of this section, if the offender
operated a motor vehicle in a construction zone where a sign was then
posted in accordance with section 4511.98 of the Revised Code, the
court, in addition to all other penalties provided by law, shall
impose upon the offender a fine of two times the usual amount imposed
for the violation. No court shall impose a fine of two times the
usual amount imposed for the violation upon an offender if the
offender alleges, in an affidavit filed with the court prior to the
offender's sentencing, that the offender is indigent and is unable to
pay the fine imposed pursuant to this division and if the court
determines that the offender is an indigent person and unable to pay
the fine.
(4)
If the offender commits the offense while distracted and the
distracting activity is a contributing factor to the commission of
the offense, the offender is subject to the additional fine
established under section 4511.991 of the Revised Code.
(5)
Notwithstanding division (P)(1) of this section, if the offender
operated a motor vehicle in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose upon the
offender a fine of two times the usual amount imposed for the
violation. No court shall impose a fine of two times the usual amount
imposed for the violation upon an offender if the offender alleges,
in an affidavit filed with the court prior to the offender's
sentencing, that the offender is indigent and is unable to pay the
fine imposed pursuant to this division and if the court determines
that the offender is an indigent person and unable to pay the fine.
Sec.
4511.25.
(A)
Upon all roadways of sufficient width, a vehicle or trackless trolley
shall be driven upon the right half of the roadway, except as
follows:
(1)
When overtaking and passing another vehicle proceeding in the same
direction, or when making a left turn under the rules governing such
movements;
(2)
When an obstruction exists making it necessary to drive to the left
of the center of the highway; provided, any person so doing shall
yield the right of way to all vehicles traveling in the proper
direction upon the unobstructed portion of the highway within such
distance as to constitute an immediate hazard;
(3)
When driving upon a roadway divided into three or more marked lanes
for traffic under the rules applicable thereon;
(4)
When driving upon a roadway designated and posted with signs for
one-way traffic;
(5)
When otherwise directed by a police officer or traffic control
device.
(B)(1)
Upon all roadways any vehicle or trackless trolley proceeding at less
than the prevailing and lawful speed of traffic at the time and place
and under the conditions then existing shall be driven in the
right-hand lane then available for traffic, and far enough to the
right to allow passing by faster vehicles if such passing is safe and
reasonable, except under any of the following circumstances:
(a)
When overtaking and passing another vehicle or trackless trolley
proceeding in the same direction;
(b)
When preparing for a left turn;
(c)
When the driver must necessarily drive in a lane other than the
right-hand lane to continue on the driver's intended route.
(2)
Nothing in division (B)(1) of this section requires a driver of a
slower vehicle to compromise the driver's safety to allow overtaking
by a faster vehicle.
(C)
Upon any roadway having four or more lanes for moving traffic and
providing for two-way movement of traffic, no vehicle or trackless
trolley shall be driven to the left of the center line of the
roadway, except when authorized by official traffic control devices
designating certain lanes to the left of the center of the roadway
for use by traffic not otherwise permitted to use the lanes, or
except as permitted under division (A)(2) of this section.
This
division shall not be construed as prohibiting the crossing of the
center line in making a left turn into or from an alley, private
road, or driveway.
(D)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.251.
(A)
As used in this section and section 4510.036 of the Revised Code:
(1)
"Street racing" means the operation of two or more vehicles
from a point side by side at accelerating speeds in a competitive
attempt to out-distance each other or the operation of one or more
vehicles over a common selected course, from the same point to the
same point, wherein timing is made of the participating vehicles
involving competitive accelerations or speeds. The operation of two
or more vehicles side by side either at speeds in excess of
prima-facie lawful speeds established by divisions (B)(1)(a) to
(B)(9) of section 4511.21 of the Revised Code or rapidly accelerating
from a common starting point to a speed in excess of such prima-facie
lawful speeds shall be prima-facie evidence of street racing.
(2)
"Burnout" means a maneuver performed while operating a
vehicle whereby the vehicle is kept in a stationary position, but the
wheels of the vehicle are spun, which may cause the tires of the
vehicle to become heated and emit smoke from the friction.
(3)
"Doughnut" means a maneuver performed while operating a
vehicle whereby the front or rear of the vehicle is rotated around
the opposite set of wheels in a continuous motion, which may cause a
circular skid-mark pattern of rubber on the driving surface, or the
tires of the vehicle to become heated and emit smoke from the
friction, or both.
(4)
"Drifting" means a maneuver performed while operating a
vehicle whereby the vehicle is driven in a manner that causes a
controlled, sideways skid during a turn, with the front wheels
pointing in a direction that is the opposite of the direction of the
turn.
(5)
"Wheelie" means a maneuver performed while operating a
vehicle whereby the front wheel or wheels of the vehicle are raised
off of the ground or whereby two wheels that are on the same side of
the vehicle are raised off of the ground.
(6)
"Stunt driving" means performing or engaging in burnouts,
doughnuts, drifting, or wheelies, or allowing a passenger to ride
either partially or fully outside of the vehicle while operating that
vehicle.
(7)
"Street takeover" means blocking or impeding the regular
flow of vehicle or pedestrian traffic on a public road, street, or
highway or on private property that is open to the general public for
the purpose of street racing or stunt driving.
(B)
No person shall knowingly participate in street racing, stunt
driving, or street takeover upon any public road, street, or highway,
or on private property that is open to the general public.
(C)
Whoever violates this section is guilty of street racing, stunt
driving, or street takeover, a misdemeanor of the first degree. In
addition to any other sanctions, the court shall suspend the
offender's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege for not less than thirty days or more than three years. No
judge shall suspend the first thirty days of any suspension of an
offender's license, permit, or privilege imposed under this division.
(D)
Persons rendering assistance in any manner to street racing, stunt
driving, or street takeover shall be equally charged as the
participants.
(E)
This section does not apply to the competitive operation of vehicles
on public or private property when the political subdivision with
jurisdiction of the location or owner of the property knowingly
permits such operation thereon.
(F)
Notwithstanding section 2929.28 of the Revised Code, if the offender
commits a violation of this section in a school-adjacent sector, the
court, in addition to all other penalties provided by law, may impose
a fine of two times the usual amount imposed for the violation.
Sec.
4511.26.
(A)
Operators of vehicles and trackless trolleys proceeding in opposite
directions shall pass each other to the right, and upon roadways
having width for not more than one line of traffic in each direction,
each operator shall give to the other one-half of the main traveled
portion of the roadway or as nearly one-half as is reasonable
possible.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.27.
(A)
The following rules govern the overtaking and passing of vehicles or
trackless trolleys proceeding in the same direction:
(1)
The operator of a vehicle or trackless trolley overtaking another
vehicle or trackless trolley proceeding in the same direction shall,
except as provided in division (A)(3) of this section, signal to the
vehicle or trackless trolley to be overtaken, shall pass to the left
thereof at a safe distance, and shall not again drive to the right
side of the roadway until safely clear of the overtaken vehicle or
trackless trolley. When a motor vehicle or trackless trolley
overtakes and passes a bicycle or electric bicycle, three feet or
greater is considered a safe passing distance.
(2)
Except when overtaking and passing on the right is permitted, the
operator of an overtaken vehicle shall give way to the right in favor
of the overtaking vehicle at the latter's audible signal, and the
operator shall not increase the speed of the operator's vehicle until
completely passed by the overtaking vehicle.
(3)
The operator of a vehicle or trackless trolley overtaking and passing
another vehicle or trackless trolley proceeding in the same direction
on a divided highway as defined in section 4511.35 of the Revised
Code, a limited access highway as defined in section 5511.02 of the
Revised Code, or a highway with four or more traffic lanes, is not
required to signal audibly to the vehicle or trackless trolley being
overtaken and passed.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.28.
(A)
The driver of a vehicle or trackless trolley may overtake and pass
upon the right of another vehicle or trackless trolley only under the
following conditions:
(1)
When the vehicle or trackless trolley overtaken is making or about to
make a left turn;
(2)
Upon a roadway with unobstructed pavement of sufficient width for two
or more lines of vehicles moving lawfully in the direction being
traveled by the overtaking vehicle.
(B)
The driver of a vehicle or trackless trolley may overtake and pass
another vehicle or trackless trolley only under conditions permitting
such movement in safety. The movement shall not be made by driving
off the roadway.
(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.29.
(A)
No vehicle or trackless trolley shall be driven to the left of the
center of the roadway in overtaking and passing traffic proceeding in
the same direction, unless such left side is clearly visible and is
free of oncoming traffic for a sufficient distance ahead to permit
such overtaking and passing to be completely made, without
interfering with the safe operation of any traffic approaching from
the opposite direction or any traffic overtaken. In every event the
overtaking vehicle or trackless trolley must return to an authorized
lane of travel as soon as practicable and in the event the passing
movement involves the use of a lane authorized for traffic
approaching from the opposite direction, before coming within two
hundred feet of any approaching vehicle.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.30.
(A)
No vehicle or trackless trolley shall be driven upon the left side of
the roadway under the following conditions:
(1)
When approaching the crest of a grade or upon a curve in the highway,
where the operator's view is obstructed within such a distance as to
create a hazard in the event traffic might approach from the opposite
direction;
(2)
When the view is obstructed upon approaching within one hundred feet
of any bridge, viaduct, or tunnel;
(3)
When approaching within one hundred feet of or traversing any
intersection or railroad grade crossing.
(B)
This section does not apply to vehicles or trackless trolleys upon a
one-way roadway, upon a roadway where traffic is lawfully directed to
be driven to the left side, or under the conditions described in
division (A)(2) of section 4511.25 of the Revised Code.
(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.31.
(A)
The department of transportation may determine those portions of any
state highway where overtaking and passing other traffic or driving
to the left of the center or center line of the roadway would be
especially hazardous and may, by appropriate signs or markings on the
highway, indicate the beginning and end of such zones. When such
signs or markings are in place and clearly visible, every operator of
a vehicle or trackless trolley shall obey the directions of the signs
or markings, notwithstanding the distances set out in section 4511.30
of the Revised Code.
(B)
Division (A) of this section does not apply when all of the following
apply:
(1)
The slower vehicle is proceeding at less than half the speed of the
speed limit applicable to that location.
(2)
The faster vehicle is capable of overtaking and passing the slower
vehicle without exceeding the speed limit.
(3)
There is sufficient clear sight distance to the left of the center or
center line of the roadway to meet the overtaking and passing
provisions of section 4511.29 of the Revised Code, considering the
speed of the slower vehicle.
(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.32.
(A)
The department of transportation may designate any highway or any
separate roadway under its jurisdiction for one-way traffic and shall
erect appropriate signs giving notice thereof.
Upon
a roadway designated and posted with signs for one-way traffic a
vehicle shall be driven only in the direction designated.
A
vehicle passing around a rotary traffic island shall be driven only
to the right of the rotary traffic island.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.33.
(A)
Whenever any roadway has been divided into two or more clearly marked
lanes for traffic, or wherever within municipal corporations traffic
is lawfully moving in two or more substantially continuous lines in
the same direction, the following rules apply:
(1)
A vehicle or trackless trolley shall be driven, as nearly as is
practicable, entirely within a single lane or line of traffic and
shall not be moved from such lane or line until the driver has first
ascertained that such movement can be made with safety.
(2)
Upon a roadway which is divided into three lanes and provides for
two-way movement of traffic, a vehicle or trackless trolley shall not
be driven in the center lane except when overtaking and passing
another vehicle or trackless trolley where the roadway is clearly
visible and such center lane is clear of traffic within a safe
distance, or when preparing for a left turn, or where such center
lane is at the time allocated exclusively to traffic moving in the
direction the vehicle or trackless trolley is proceeding and is
posted with signs to give notice of such allocation.
(3)
Official signs may be erected directing specified traffic to use a
designated lane or designating those lanes to be used by traffic
moving in a particular direction regardless of the center of the
roadway, or restricting the use of a particular lane to only buses
during certain hours or during all hours, and drivers of vehicles and
trackless trolleys shall obey the directions of such signs.
(4)
Official traffic control devices may be installed prohibiting the
changing of lanes on sections of roadway and drivers of vehicles
shall obey the directions of every such device.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.34.
(A)
The operator of a motor vehicle, streetcar, or trackless trolley
shall not follow another vehicle, streetcar, or trackless trolley
more closely than is reasonable and prudent, having due regard for
the speed of such vehicle, streetcar, or trackless trolley, and the
traffic upon and the condition of the highway.
The
driver of any truck, or motor vehicle drawing another vehicle, when
traveling upon a roadway outside a business or residence district
shall maintain a sufficient space, whenever conditions permit,
between such vehicle and another vehicle ahead so an overtaking motor
vehicle may enter and occupy such space without danger. This
paragraph does not prevent overtaking and passing nor does it apply
to any lane specially designated for use by trucks.
Outside
a municipal corporation, the driver of any truck, or motor vehicle
when drawing another vehicle, while ascending to the crest of a grade
beyond which the driver's view of a roadway is obstructed, shall not
follow within three hundred feet of another truck, or motor vehicle
drawing another vehicle. This paragraph shall not apply to any lane
specially designated for use by trucks.
Motor
vehicles being driven upon any roadway outside of a business or
residence district in a caravan or motorcade, shall maintain a
sufficient space between such vehicles so an overtaking vehicle may
enter and occupy such space without danger. This paragraph shall not
apply to funeral processions.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.35.
(A)
Whenever any highway has been divided into two roadways by an
intervening space, or by a physical barrier, or clearly indicated
dividing section so constructed as to impede vehicular traffic, every
vehicle shall be driven only upon the right-hand roadway, and no
vehicle shall be driven over, across, or within any such dividing
space, barrier, or section, except through an opening, crossover, or
intersection established by public authority. This section does not
prohibit the occupancy of such dividing space, barrier, or section
for the purpose of an emergency stop or in compliance with an order
of a police officer.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.36.
(A)
The driver of a vehicle intending to turn at an intersection shall be
governed by the following rules:
(1)
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.
(2)
At any intersection where traffic is permitted to move in both
directions on each roadway entering the intersection, an approach for
a left turn 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.
(3)
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 of the
roadway being entered lawfully available to traffic moving in that
lane.
(B)
The operator of a trackless trolley shall comply with divisions
(A)(1), (2), and (3) of this section wherever practicable.
(C)
The department of transportation and 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, streetcars, or trackless trolleys, turning at
an intersection, and when markers, buttons, or signs are so placed,
no operator of a vehicle, streetcar, or trackless trolley shall turn
such vehicle, streetcar, or trackless trolley at an intersection
other than as directed and required by such markers, buttons, or
signs.
(D)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.37.
(A)
Except as provided in section 4511.13 of the Revised Code and
division (B) of this section, no vehicle shall be turned so as to
proceed in the opposite direction upon any curve, or upon the
approach to or near the crest of a grade, if the vehicle cannot be
seen within five hundred feet by the driver of any other vehicle
approaching from either direction.
(B)
The driver of an emergency vehicle or public safety vehicle, when
responding to an emergency call, may turn the vehicle so as to
proceed in the opposite direction. This division applies only when
the emergency vehicle or public safety vehicle is responding to an
emergency call, is equipped with and displaying at least one
flashing, rotating, or oscillating light visible under normal
atmospheric conditions from a distance of five hundred feet to the
front of the vehicle, and when the driver of the vehicle is giving an
audible signal by siren, exhaust whistle, or bell. This division does
not relieve the driver of an emergency vehicle or public safety
vehicle from the duty to drive with due regard for the safety of all
persons and property upon the highway.
(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.38.
(A)
No person shall start a vehicle, streetcar, or trackless trolley
which is stopped, standing, or parked until such movement can be made
with reasonable safety.
Before
backing, operators of vehicle, streetcars, or trackless trolleys
shall give ample warning, and while backing they shall exercise
vigilance not to injure person or property on the street or highway.
No
person shall back a motor vehicle on a freeway, except: in a rest
area; in the performance of public works or official duties; as a
result of an emergency caused by an accident or breakdown of a motor
vehicle.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.39.
(A)
No person shall turn a vehicle or trackless trolley or move right or
left upon a highway unless and until such person has exercised due
care to ascertain that the movement can be made with reasonable
safety nor without giving an appropriate signal in the manner
hereinafter provided.
When
required, a signal of intention to turn or move right or left shall
be given continuously during not less than the last one hundred feet
traveled by the vehicle or trackless trolley before turning, except
that in the case of a person operating a bicycle or electric bicycle,
the signal shall be made not less than one time but is not required
to be continuous. A bicycle or electric bicycle operator is not
required to make a signal if the bicycle or electric bicycle is in a
designated turn lane, and a signal shall not be given when the
operator's hands are needed for the safe operation of the bicycle or
electric bicycle.
No
person shall stop or suddenly decrease the speed of a vehicle or
trackless trolley without first giving an appropriate signal in the
manner provided herein to the driver of any vehicle or trackless
trolley immediately to the rear when there is opportunity to give a
signal.
Any
stop or turn signal required by this section shall be given either by
means of the hand and arm, or by signal lights that clearly indicate
to both approaching and following traffic intention to turn or move
right or left, except that any motor vehicle in use on a highway
shall be equipped with, and the required signal shall be given by,
signal lights when the distance from the center of the top of the
steering post to the left outside limit of the body, cab, or load of
such motor vehicle exceeds twenty-four inches, or when the distance
from the center of the top of the steering post to the rear limit of
the body or load thereof exceeds fourteen feet, whether a single
vehicle or a combination of vehicles.
The
signal lights required by this section shall not be flashed on one
side only on a disabled vehicle or trackless trolley, flashed as a
courtesy or "do pass" signal to operators of other vehicles
or trackless trolleys approaching from the rear, nor be flashed on
one side only of a parked vehicle or trackless trolley except as may
be necessary for compliance with this section.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.41.
(A)
When two vehicles, including any trackless trolley or streetcar,
approach or enter an intersection from different streets or highways
at approximately the same time, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on the right.
(B)
The right-of-way rule declared in division (A) of this section is
modified at through highways and otherwise as stated in Chapter 4511.
of the Revised Code.
(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.42.
(A)
The operator of a vehicle, streetcar, or trackless trolley intending
to turn to the left within an intersection or into an alley, private
road, or driveway shall yield the right of way to any vehicle,
streetcar, or trackless trolley approaching from the opposite
direction, whenever the approaching vehicle, streetcar, or trackless
trolley is within the intersection or so close to the intersection,
alley, private road, or driveway as to constitute an immediate
hazard.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.43.
(A)
Except when directed to proceed by a law enforcement officer, every
driver of a vehicle or trackless trolley approaching a stop sign
shall stop at a clearly marked stop line, but if none, before
entering the crosswalk on the near side of the intersection, or, if
none, then at the point nearest the intersecting roadway where the
driver has a view of approaching traffic on the intersecting roadway
before entering it. After having stopped, the driver shall yield the
right-of-way to any vehicle in the intersection or approaching on
another roadway so closely as to constitute an immediate hazard
during the time the driver is moving across or within the
intersection or junction of roadways.
(B)
The driver of a vehicle or trackless trolley approaching a yield sign
shall slow down to a speed reasonable for the existing conditions
and, if required for safety to stop, shall stop at a clearly marked
stop line, but if none, before entering the crosswalk on the near
side of the intersection, or, if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering it. After slowing
or stopping, the driver shall yield the right-of-way to any vehicle
or trackless trolley in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the
time the driver is moving across or within the intersection or
junction of roadways. Whenever a driver is involved in a collision
with a vehicle or trackless trolley in the intersection or junction
of roadways, after driving past a yield sign without stopping, the
collision shall be prima-facie evidence of the driver's failure to
yield the right-of-way.
(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.431.
(A)
The driver of a vehicle or trackless trolley emerging from an alley,
building, private road, or driveway within a business or residence
district shall stop the vehicle or trackless trolley immediately
prior to driving onto a sidewalk or onto the sidewalk area extending
across the alley, building entrance, road, or driveway, or in the
event there is no sidewalk area, shall stop at the point nearest the
street to be entered where the driver has a view of approaching
traffic thereon.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.44.
(A)
The operator of a vehicle, streetcar, or trackless trolley about to
enter or cross a highway from any place other than another roadway
shall yield the right of way to all traffic approaching on the
roadway to be entered or crossed.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.441.
(A)
The driver of a vehicle shall yield the right-of-way to any
pedestrian on a sidewalk.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.46.
(A)
When highway traffic signals are not in place, not in operation, or
are not clearly assigning the right-of-way, the driver of a vehicle,
trackless trolley, or streetcar shall yield the right of way, slowing
down or stopping if need be to so yield or if required by section
4511.132 of the Revised Code, to a pedestrian crossing the roadway
within a crosswalk when the pedestrian is upon the half of the
roadway upon which the vehicle is traveling, or when the pedestrian
is approaching so closely from the opposite half of the roadway as to
be in danger.
(B)
No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a vehicle, trackless trolley, or
streetcar which is so close as to constitute an immediate hazard.
(C)
Division (A) of this section does not apply under the conditions
stated in division (B) of section 4511.48 of the Revised Code.
(D)
Whenever any vehicle, trackless trolley, or streetcar is stopped at a
marked crosswalk or at any unmarked crosswalk at an intersection to
permit a pedestrian to cross the roadway, the driver of any other
vehicle, trackless trolley, or streetcar approaching from the rear
shall not overtake and pass the stopped vehicle.
(E)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.54.
(A)
No person riding upon any bicycle, electric bicycle, coaster, roller
skates, sled, skateboard, or toy vehicle shall attach the same or
self to any streetcar, trackless trolley, or vehicle upon a roadway.
No
operator shall knowingly permit any person riding upon any bicycle,
electric bicycle, coaster, roller skates, sled, skateboard, or toy
vehicle to attach the same or self to any streetcar, trackless
trolley, or vehicle while it is moving upon a roadway.
This
section does not apply to the towing of a disabled vehicle.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.60.
(A)
No vehicle shall at any time be driven through or within a safety
zone.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.711.
(A)
No person shall drive any vehicle, other than a bicycle or an
electric bicycle if the motor is not engaged, upon a sidewalk or
sidewalk area except upon a permanent or duly authorized temporary
driveway.
This
prohibition does not apply to a law enforcement officer, or other
person sworn to enforce the criminal and traffic laws of the state,
using an electric bicycle with the motor engaged while in the
performance of the officer's duties.
Nothing
in this section shall be construed as prohibiting local authorities
from regulating the operation of bicycles or electric bicycles within
their respective jurisdictions, except that no local authority may
require that bicycles or electric bicycles be operated on sidewalks.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
4511.712.
(A)
No driver shall enter an intersection or marked crosswalk or drive
onto any railroad grade crossing unless there is sufficient space on
the other side of the intersection, crosswalk, or grade crossing to
accommodate the vehicle, streetcar, or trackless trolley the driver
is operating without obstructing the passage of other vehicles,
streetcars, trackless trolleys, pedestrians, or trains,
notwithstanding any highway traffic signal indication to proceed.
(B)
This section does not apply to a bicyclist using a two-stage bicycle
turn box.
(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Notwithstanding
section 2929.28 of the Revised Code, if the offender commits a
violation of this section in a school-adjacent sector, the court, in
addition to all other penalties provided by law, may impose a fine of
two times the usual amount imposed for the violation.
Sec.
5501.27.
(A)
The director of transportation shall adopt rules that do the
following:
(1)
Rules governing the posting of signs advising motorists that
increased penalties apply for certain traffic violations occurring on
streets or highways in a construction zone
or an active school zone
;
(2)
Rules governing the posting of signs to be used pursuant to section
2903.081 of the Revised Code giving notice to motorists of the
prohibitions set forth in sections 2903.06 and 2903.08 of the Revised
Code regarding the death of or injury to any person in a construction
zone
as
a proximate result of a reckless operation offense or speeding
offense
or
an active school zone
.
(B)
(B)(1)
The rules required under divisions (A)(1) and (2) of this section
shall include guidelines to determine which areas are appropriate to
the posting of such signs.
(2)
The guidelines
for
signage in a construction zone
may
include consideration of the following: the duration of the work on
the street or highway, the proximity of workers to moving traffic,
the existence of any unusual or hazardous conditions, the volume of
traffic on the street or highway, and any other appropriate factors.
(3)
The guidelines for signage in areas that become an active school zone
may include consideration of the following: the number of students
who typically walk to the school rather than arrive on buses or
through motor vehicles, the existence of any unusual or hazardous
conditions, the speed limit of the highways adjacent to the school
when the school zone speed limit is not in effect, the volume of
traffic on the street or highway, and any other appropriate factors.
(C)
The
director shall formulate design specifications for the signs
described in division (A)(1) of this section advising motorists of
the increased penalties and the signs described in division (A)(2) of
this section notifying motorists of the prohibitions set forth in
sections 2903.06 and 2903.08 of the Revised Code regarding the death
of or injury to any person in a construction zone
as
a proximate result of a reckless operation offense or speeding
offense as described in that division
or
an active school zone
.
For purposes of traffic violation penalties, nothing in this section
is intended to conflict with any standard set forth in the federal
manual of uniform traffic control devices for streets and highways.
(C)
(D)
As used in this section and in section 4511.98 of the Revised Code
,
"construction
:
(1)
"Construction
zone"
means that lane or portion of street or highway open to vehicular
traffic and adjacent to a lane, berm, or shoulder of a street or
highway within which lane, berm, or shoulder construction,
reconstruction, resurfacing, or any other work of a repair or
maintenance nature, including public utility work, is being
conducted, commencing with the point where the first worker or piece
of equipment is located and ending where the last worker or piece of
equipment is located.
(2)
"Active school zone" has the same meaning as in section
4511.01 of the Revised Code.
Section
2.
That
existing sections 2903.06, 2903.08, 2903.081, 4511.01, 4511.132,
4511.20, 4511.202, 4511.204, 4511.205, 4511.21, 4511.25, 4511.251,
4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32,
4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39,
4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.46,
4511.54, 4511.60, 4511.711, 4511.712, and 5501.27 of the Revised Code
are hereby repealed.
Section
3.
This
act shall be known as Aspen Runnels' Law.
Section
4.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:
Section
4511.27 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 95 and H.B. 250 of the 132nd
General Assembly.
Section
4511.39 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 95 and H.B. 250 of the 132nd
General Assembly.