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As Passed by the Senate
136th
General Assembly
Regular
Session
Sub. S. B. No. 16
2025-2026
Senator Wilson
Cosponsors: Senators Brenner,
Cirino, Craig, Wilkin, Smith, Antonio, Blackshear, DeMora, Gavarone,
Hicks-Hudson, Ingram, Johnson, Landis, Lang, O'Brien, Patton,
Reineke, Romanchuk, Timken, Weinstein
To
amend section 4511.213 of the Revised
Code
to prohibit failing to change lanes or proceed with caution around a
stationary vehicle in distress.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 4511.213 of the Revised Code be amended to read as follows:
Sec.
4511.213.
(A)
The driver of a motor vehicle, upon approaching a stationary
vehicle
in distress or upon approaching a stationary
public
safety vehicle, emergency vehicle, road service vehicle, waste
collection vehicle, vehicle used by the public utilities commission
to conduct motor vehicle inspections in accordance with sections
4923.04 and 4923.06 of the Revised Code, or a highway maintenance
vehicle that is displaying the appropriate visual signals by means of
flashing, oscillating, or rotating lights, as prescribed in section
4513.17 of the Revised Code, shall do either of the following:
(1)
If the driver of the motor vehicle is traveling on a highway that
consists of at least two lanes that carry traffic in the same
direction of travel as that of the driver's motor vehicle, the driver
shall proceed with due caution and, if possible and with due regard
to the road, weather, and traffic conditions, shall change lanes into
a lane that is not adjacent to that of the stationary
vehicle in distress,
public safety vehicle, emergency vehicle, road service vehicle, waste
collection vehicle, vehicle used by the public utilities commission
to conduct motor vehicle inspections in accordance with sections
4923.04 and 4923.06 of the Revised Code, or a highway maintenance
vehicle.
(2)
If the driver is not traveling on a highway of a type described in
division (A)(1) of this section, or if the driver is traveling on a
highway of that type but it is not possible to change lanes or if to
do so would be unsafe, the driver shall proceed with due caution,
reduce the speed of the motor vehicle, and maintain a safe speed for
the road, weather, and traffic conditions
below the posted speed limit
.
(B)
This section does not relieve the driver of a
vehicle in distress,
public safety vehicle, emergency vehicle, road service vehicle, waste
collection vehicle, vehicle used by the public utilities commission
to conduct motor vehicle inspections in accordance with sections
4923.04 and 4923.06 of the Revised Code, or a highway maintenance
vehicle from the duty to drive with due regard for the safety of all
persons and property upon the highway.
(C)
No person shall fail to drive a motor vehicle in compliance with
division (A)(1) or (2) of this section when so required by division
(A) of this section.
(D)(1)
Except as otherwise provided in this division
and division (F) of this section
,
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)
Notwithstanding section 2929.28 of the Revised Code
and except as provided in division (F) of this section
,
upon a finding that a person operated a motor vehicle in violation of
division (C) of this section, the court, in addition to all other
penalties provided by law, shall impose a fine of two times the usual
amount imposed for the violation.
(3)
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.
Division (D)(3) of this section does not apply to an offense when the
stationary vehicle is a vehicle in distress.
(E)
The
Except
as otherwise provided in division (F) of this section, 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.
(F)(1)
Whoever knowingly violates this section when the stationary vehicle
is a vehicle in distress is guilty of a minor misdemeanor.
(2)
An arrest or conviction for an offender under division (F)(1) of this
section does not constitute a criminal record and need not be
reported by the person so arrested or convicted in response to any
inquiries contained in any application for employment, license, or
other right or privilege, or made in connection with the person's
appearance as a witness.
(G)
As used in this section, "vehicle in distress" includes all
of the following:
(1)
Any disabled vehicle indicating its disability as required under
section 4513.28 of the Revised Code;
(2)
Any vehicle that is not subject to section 4513.28 of the Revised
Code near which a fusee, flare, or other emergency sign is displayed;
(3)
Any vehicle that is displaying flashing emergency lights or hazard
lights.
Section
2.
That
existing section 4511.213 of the Revised Code is hereby repealed.
Section
3.
Section
4511.213 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 95 and S.B. 127 of the 132nd
General Assembly. 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 composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.