As Passed by the House 1
122nd General Assembly 4
Regular Session Am. H. B. No. 618 5
1997-1998 6
REPRESENTATIVES OPFER-BENDER-MALLORY-BOGGS-HARTLEY-WESTON-ROBERTS- 8
HEALY-MAIER-JERSE-MOTTL-JAMES-PRENTISS-SAWYER-WHALEN-CATES- 9
LUEBBERS-BRADING-COLONNA-SULZER-BRITTON-TAVARES-METELSKY- 10
CORBIN-GRENDELL-TERWILLEGER-BATEMAN-FORD-PRINGLE-BOYD-THOMAS- 11
GARCIA-LUCAS-MOTTLEY-ALLEN-PATTON-VERICH-OGG-BRADY-WILSON- 12
WACHTMANN-VESPER-GARDNER-REID-GERBERRY-BUCHY-HAINES-O'BRIEN- 13
JOLIVETTE-SUTTON-LOGAN-JONES-MASON-PERZ-ROMAN-YOUNG- 14
HOUSEHOLDER-DAMSCHRODER-HODGES-NETZLEY-JOHNSON-SALERNO 15
17
A B I L L
To amend sections 4511.75 and 4549.99 of the Revised 18
Code to increase the penalty for leaving the 20
scene of an accident that results in bodily harm 21
and to require drivers of other vehicles to stop 23
for any bus operated by an agency offering a 24
Head Start program when the bus is equipped and 25
marked as a school bus and is stopped to receive 27
or discharge a child attending the program. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 4511.75 and 4549.99 of the 32
Revised Code be amended to read as follows: 34
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or 43
trackless trolley upon meeting or overtaking from either 44
direction any school bus stopped for the purpose of receiving or 45
discharging any school child or, person attending programs 46
offered by community boards of mental health and county boards of 48
mental retardation and developmental disabilities, OR CHILD 49
ATTENDING A PROGRAM OFFERED BY A HEAD START AGENCY, shall stop at 52
least ten feet from the front or rear of the school bus and shall 53
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not proceed until such school bus resumes motion, or until 54
signaled by the school bus driver to proceed. 55
It is no defense to a charge under this division that the 57
school bus involved failed to display or be equipped with an 58
automatically extended stop warning sign as required by division 59
(B) of this section. 60
(B) Every school bus shall be equipped with amber and red 62
visual signals meeting the requirements of section 4511.771 of 63
the Revised Code, and an automatically extended stop warning sign 64
of a type approved by the state board of education, which shall 65
be actuated by the driver of the bus whenever but only whenever 66
the bus is stopped or stopping on the roadway for the purpose of 67
receiving or discharging school children or, persons attending 68
programs offered by community boards of mental health and county 69
boards of mental retardation and developmental disabilities, OR 70
CHILDREN ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES. A 71
school bus driver shall not actuate the visual signals or the 72
stop warning sign in designated school bus loading areas where 73
the bus is entirely off the roadway or at school buildings when 74
children or persons attending programs offered by community 75
boards of mental health and county boards of mental retardation 76
and developmental disabilities are loading or unloading at 77
curbside OR AT BUILDINGS WHEN CHILDREN ATTENDING PROGRAMS OFFERED 78
BY HEAD START AGENCIES ARE LOADING OR UNLOADING AT CURBSIDE. The 79
visual signals and stop warning sign shall be synchronized or 81
otherwise operated as required by rule of the board. 82
(C) Where a highway has been divided into four or more 84
traffic lanes, a driver of a vehicle, streetcar, or trackless 85
trolley need not stop for a school bus approaching from the 86
opposite direction which has stopped for the purpose of receiving 87
or discharging any school child or, persons attending programs 88
offered by community boards of mental health and county boards of 89
mental retardation and developmental disabilities, OR CHILDREN 90
ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES. The driver of 91
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any vehicle, streetcar, or trackless trolley overtaking the 92
school bus shall comply with division (A) of this section. 93
(D) School buses operating on divided highways or on 95
highways with four or more traffic lanes shall receive and 96
discharge all school children or, persons attending programs 97
offered by community boards of mental health and county boards of 98
mental retardation and developmental disabilities, AND CHILDREN 99
ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES on their 100
residence side of the highway. 101
(E) No school bus driver shall start his THE DRIVER'S bus 103
until after any child or, person attending programs offered by 105
community boards of mental health and county boards of mental 106
retardation and developmental disabilities, OR CHILD ATTENDING A 107
PROGRAM OFFERED BY A HEAD START AGENCY who may have alighted 108
therefrom has reached a place of safety on his THE CHILD'S OR 109
PERSON'S residence side of the road. 110
(F) AS USED IN THIS SECTION: 113
(1) "HEAD START AGENCY" HAS THE SAME MEANING AS IN 115
DIVISION (A)(1) OF SECTION 3301.31 OF THE REVISED CODE. 118
(2) "SCHOOL BUS," AS USED IN RELATION TO CHILDREN WHO 120
ATTEND A PROGRAM OFFERED BY A HEAD START AGENCY, MEANS A BUS THAT 121
IS OWNED AND OPERATED BY A HEAD START AGENCY, IS EQUIPPED WITH AN 122
AUTOMATICALLY EXTENDED STOP WARNING SIGN OF A TYPE APPROVED BY 123
THE STATE BOARD OF EDUCATION, IS PAINTED THE COLOR AND DISPLAYS 124
THE MARKINGS DESCRIBED IN SECTION 4511.77 OF THE REVISED CODE, 126
AND IS EQUIPPED WITH AMBER AND RED VISUAL SIGNALS MEETING THE 127
REQUIREMENTS OF SECTION 4511.771 OF THE REVISED CODE, 129
IRRESPECTIVE OF WHETHER OR NOT THE BUS HAS FIFTEEN OR MORE 130
CHILDREN ABOARD AT ANY TIME. "SCHOOL BUS" DOES NOT INCLUDE A VAN 131
OWNED AND OPERATED BY A HEAD START AGENCY, IRRESPECTIVE OF ITS
COLOR, LIGHTS, OR MARKINGS. 132
Sec. 4549.99. (A) Whoever violates section 4549.01, 142
4549.10, 4549.11, or 4549.12 of the Revised Code is guilty of a 143
minor misdemeanor on a first offense and a misdemeanor of the 144
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fourth degree on each subsequent offense. 146
(B) Whoever EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 148
WHOEVER violates section 4549.02, 4549.021, or 4549.03 of the 151
Revised Code is guilty of a misdemeanor of the first degree. 152
WHOEVER VIOLATES SECTION 4549.02 OR 4549.021 OF THE REVISED CODE 153
WHEN THE ACCIDENT OR COLLISION THAT IS THE BASIS OF THE VIOLATION 154
RESULTS IN PHYSICAL HARM OR DEATH TO A PERSON IS GUILTY OF A 155
FELONY OF THE FIFTH DEGREE.
(C) Whoever violates section 4549.042 or sections 4549.41 157
to 4549.46 of the Revised Code is guilty of a felony of the 158
fourth degree on a first offense and a felony of the third degree 159
on each subsequent offense. The prosecuting attorney of the 161
proper county, or the attorney general by information or 162
complaint, may bring a criminal action in the courts of common 163
pleas of this state, or in any other court of competent 164
jurisdiction, to enforce the provisions of sections 4549.41 to 165
4549.51 of the Revised Code. The attorney general and the 166
prosecuting attorney of the county in which a person licensed or 167
granted a permit under Chapter 4517. of the Revised Code is 168
convicted of, or pleads guilty to, a violation of sections 169
4549.41 to 4549.46 of the Revised Code shall report the
conviction or guilty plea to the registrar of motor vehicles 170
within five business days. 171
(D) Whoever violates section 4549.08 of the Revised Code 173
is guilty of a misdemeanor of the fourth degree on a first 174
offense and a misdemeanor of the third degree on each subsequent 176
offense.
(E) Whoever violates section 4549.18 or division (D)(4)(c) 178
of section 4549.62 of the Revised Code is guilty of a minor 179
misdemeanor. 180
(F) Whoever violates division (A), (B), (C), or (D)(1) of 182
section 4549.62 of the Revised Code is guilty of a felony of the 183
fifth degree on a first offense and a felony of the fourth degree 186
on each subsequent offense.
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Section 2. That existing sections 4511.75 and 4549.99 of 188
the Revised Code are hereby repealed. 190