Regards traffic offenses in construction zones

hb82_01_RH

As Reported by the House Public Safety Committee

136th
General Assembly

Regular
Session
Sub. H. B. No. 82

2025-2026

Representatives Click, Johnson

Cosponsors: Representatives
Brennan, Daniels, Hall, T., John, Abrams, Willis

To
amend sections 4508.02, 4511.20, 4511.21,
4511.98
,
and
5501.27

of the Revised Code
regarding
traffic offenses in construction zones and to name this act the
Trenton Gallaway Work Zone Safety Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 4508.02, 4511.20, 4511.21,
4511.98
,
and
5501.27

of the Revised Code be
amended

to
read as follows:

Sec.
4508.02.
(A)(1)
The director of public safety, subject to Chapter 119. of the Revised
Code, shall adopt and prescribe such rules concerning the
administration and enforcement of this chapter as are necessary to
protect the public. The rules shall require an assessment of the
holder of a probationary instructor license. The director shall
inspect the school facilities and equipment of applicants and
licensees and examine applicants for instructor's licenses.

(2)
The director shall adopt rules governing online driver education
courses that may be completed via the internet to satisfy the
classroom instruction under division (C) of this section. The rules
shall do all of the following:

(a)
Establish standards that an online driver training enterprise must
satisfy to be licensed to offer an online driver education course via
the internet, including, at a minimum, proven expertise in providing
driver education and an acceptable infrastructure capable of
providing secure online driver education in accord with advances in
internet technology. The rules shall allow an online driver training
enterprise to be affiliated with a licensed driver training school
offering in-person classroom instruction, but shall not require such
an affiliation.

(b)
Establish content requirements that an online driver education course
must satisfy to be approved as equivalent to twenty-four hours of
in-person classroom instruction;

(c)
Establish attendance standards, including a maximum number of course
hours that may be completed in a twenty-four-hour period;

(d)
Allow an enrolled applicant to begin the required eight hours of
actual behind-the-wheel instruction upon completing all twenty-four
hours of course instruction;

(e)
Establish any other requirements necessary to regulate online driver
education.

(B)
The director shall administer and enforce this chapter.

(C)
The rules shall require twenty-four hours of completed in-person
classroom instruction or the completion of an approved, equivalent
online driver education course offered via the internet by a licensed
online driver training enterprise, followed by eight hours of actual
behind-the-wheel instruction conducted on public streets and highways
of this state for all beginning drivers of noncommercial motor
vehicles who are required to complete the training under section
4507.21 of the Revised Code. The rules shall allow beginning drivers
of noncommercial motor vehicles to complete the driver education
course at any point while holding a valid temporary instruction
permit. The rules also shall require the classroom instruction or
online driver education course for such drivers to include
instruction on
both

all

of
the following:

(1)
The dangers of driving a motor vehicle while distracted, including
while using an electronic wireless communications device, or engaging
in any other activity that distracts a driver from the safe and
effective operation of a motor vehicle;

(2)
The dangers of driving a motor vehicle while under the influence of a
controlled substance, prescription medication, or alcohol
;

(3)
The dangers of and requirements related to driving a motor vehicle in
a construction zone
.

(D)
The rules shall state the minimum hours for classroom and
behind-the-wheel instruction required for beginning drivers of
commercial trucks, commercial cars, buses, and commercial tractors,
trailers, and semitrailers.

(E)(1)
The department of public safety may charge a fee to each online
driver training enterprise in an amount sufficient to pay the actual
expenses the department incurs in the regulation of online driver
education courses.

(2)
The department shall supply to each licensed online driver training
enterprise certificates to be used for certifying an applicant's
enrollment in an approved online driver education course and a
separate certificate to be issued upon successful completion of an
approved online driver education course. The certificates shall be
numbered serially. The department may charge a fee to each online
driver training enterprise per certificate supplied to pay the actual
expenses the department incurs in supplying the certificates.

(F)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code governing an abbreviated driver training course for
adults.

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)
(B)(1)

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.

(2)(a)
Notwithstanding division (B)(1) of this section, if the offender
operated the vehicle, trackless trolley, or streetcar while 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 an
additional fine of not more than one hundred dollars for the
violation.

(b)
In lieu of payment of the additional fine imposed under division
(B)(2)(a) of this section, the offender instead may elect to attend a
driving safety course, the duration and contents of which shall be
established by the director of public safety. 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 be required to pay the total amount of the fine
established for the violation but shall not be required to pay the
additional fine of not more than one hundred dollars, so long as the
offender submits to the court both the offender's payment in full and
such written evidence within ninety days of the underlying violation
that resulted in the imposition of the additional fine under this
section.

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,
faster than fifty miles an hour in other portions of a municipal
corporation, or faster than thirty-five miles an hour in a 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

one or more construction workers were present and

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.

Sec.
4511.98.
The
director of transportation may establish speed limits within
construction zones that vary based on the type of work being
conducted, the time of day, or any other criteria the director may
consider appropriate. The director, board of county commissioners, or
board of township trustees shall cause signs to be erected advising
motorists that increased penalties apply for certain traffic
violations occurring on streets or highways in a construction zone.
The increased penalties shall be effective only when signs are
erected in accordance with the guidelines and design specifications
established by the director under section 5501.27 of the Revised
Code, and when a violation occurs
during
hours of actual work within
when
one or more construction workers are present in
the
construction zone.

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

when one or more construction workers are present
;

(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.

(B)
The
(B)(1)
Subject to division (B)(2) of this section, the
rules
required under divisions (A)(1) and (2) of this section shall include
guidelines to determine which
areas

locations
exterior to and within the construction zone
are
appropriate to the posting of such signs. The guidelines may include
consideration of the following:

the

(a)
The
duration
of the work on the street or highway
,
the
;

(b)
The
proximity
of workers to moving traffic
,
the
;

(c)
The
existence
of any unusual or hazardous conditions
,
the
;

(d)
The
volume
of traffic on the street or highway
,
and any
;

(e)
Any
other
appropriate factors.

(2)
Within the guidelines specified under division (B)(1) of this
section, the director shall specify that signs are required to be
posted for every construction zone, regardless of the expected
duration or the length of the construction zone on the road or
highway.

(3)

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.
For

(4)
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)
As used in this section and in section 4511.98 of the Revised Code,
"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.

Section
2.
That
existing sections 4508.02, 4511.20, 4511.21,
4511.98
,
and
5501.27

of the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the Trenton Gallaway Work Zone Safety Act.