As Reported by House Transportation and Public Safety Committee   1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 484    5            

      1999-2000                                                    6            


 REPRESENTATIVES BUEHRER-ALLEN-BARRETT-CATES-DAMSCHRODER-EVANS-    7            

     FLANNERY-GOODMAN-HOOPS-JACOBSON-TAYLOR-WILLIAMS-CLANCY        8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 4511.01, 4513.03, 4513.27,          11           

                4519.40, 5733.98, and 5747.98 and to enact         12           

                sections 4513.111, 5733.44, and 5747.38 of the     13           

                Revised Code to require, effective one year after  14           

                the effective date of this act, all multi-wheel    16           

                agricultural tractors operated or traveling on a   17           

                street or highway at night and certain other                    

                times to be equipped with specified lamps and      18           

                reflectors that indicate the extreme left and      19           

                right projections of the tractors, to grant tax    21           

                credits to farms and farmers up to $1,000 for the  22           

                cost of equipping existing multi-wheel                          

                agricultural tractors with the required lights     23           

                and reflectors, and to require vehicles operated   24           

                on the public streets from sunset to sunrise to    25           

                display lighted lights and illuminating devices,                

                rather than from one-half hour after sunset to     26           

                one-half hour before sunrise as specified in       27           

                current law.                                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 4511.01, 4513.03, 4513.27,         31           

4519.40, 5733.98, and 5747.98 be amended and sections 4513.111,    33           

5733.44, and 5747.38 of the Revised Code be enacted to read as     34           

follows:                                                                        

      Sec. 4511.01.  As used in this chapter and in Chapter 4513.  43           

                                                          2      


                                                                 
of the Revised Code:                                               44           

      (A)  "Vehicle" means every device, including a motorized     46           

bicycle, in, upon, or by which any person or property may be       47           

transported or drawn upon a highway, except motorized              48           

wheelchairs, devices moved by power collected from overhead        49           

electric trolley wires, or used exclusively upon stationary rails  50           

or tracks, and devices other than bicycles moved by human power.   51           

      (B)  "Motor vehicle" means every vehicle propelled or drawn  53           

by power other than muscular power or power collected from         54           

overhead electric trolley wires, except motorized bicycles, road   55           

rollers, traction engines, power shovels, power cranes, and other  56           

equipment used in construction work and not designed for or        57           

employed in general highway transportation, hole-digging           58           

machinery, well-drilling machinery, ditch-digging machinery, farm  59           

machinery, trailers used to transport agricultural produce or      60           

agricultural production materials between a local place of         61           

storage or supply and the farm when drawn or towed on a street or  62           

highway at a speed of twenty-five miles per hour or less,          63           

threshing machinery, hay-baling machinery, agricultural tractors   64           

and machinery used in the production of horticultural,             65           

floricultural, agricultural, and vegetable products, and trailers  66           

designed and used exclusively to transport a boat between a place  67           

of storage and a marina, or in and around a marina, when drawn or  68           

towed on a street or highway for a distance of no more than ten    69           

miles and at a speed of twenty-five miles per hour or less.        70           

      (C)  "Motorcycle" means every motor vehicle, other than a    72           

tractor, having a saddle for the use of the operator and designed  73           

to travel on not more than three wheels in contact with the        74           

ground, including, but not limited to, motor vehicles known as     75           

"motor-driven cycle," "motor scooter," or "motorcycle" without     76           

regard to weight or brake horsepower.                              77           

      (D)  "Emergency vehicle" means emergency vehicles of         79           

municipal, township, or county departments or public utility       80           

corporations when identified as such as required by law, the       81           

                                                          3      


                                                                 
director of public safety, or local authorities, and motor         82           

vehicles when commandeered by a police officer.                    83           

      (E)  "Public safety vehicle" means any of the following:     85           

      (1)  Ambulances, including private ambulance companies       87           

under contract to a municipal corporation, township, or county,    88           

and private ambulances and nontransport vehicles bearing license   89           

plates issued under section 4503.49 of the Revised Code;           90           

      (2)  Motor vehicles used by public law enforcement officers  92           

or other persons sworn to enforce the criminal and traffic laws    93           

of the state;                                                      94           

      (3)  Any motor vehicle when properly identified as required  96           

by the director of public safety, when used in response to fire    97           

emergency calls or to provide emergency medical service to ill or  98           

injured persons, and when operated by a duly qualified person who  99           

is a member of a volunteer rescue service or a volunteer fire      100          

department, and who is on duty pursuant to the rules or            101          

directives of that service.  The state fire marshal shall be       102          

designated by the director of public safety as the certifying      103          

agency for all public safety vehicles described in division        104          

(E)(3) of this section.                                            105          

      (4)  Vehicles used by fire departments, including motor      107          

vehicles when used by volunteer fire fighters responding to        109          

emergency calls in the fire department service when identified as  110          

required by the director of public safety.                         111          

      Any vehicle used to transport or provide emergency medical   113          

service to an ill or injured person, when certified as a public    114          

safety vehicle, shall be considered a public safety vehicle when   115          

transporting an ill or injured person to a hospital regardless of  116          

whether such vehicle has already passed a hospital.                117          

      (5)  Vehicles used by the commercial motor vehicle safety    119          

enforcement unit for the enforcement of orders and rules of the    120          

public utilities commission as specified in section 5503.34 of     121          

the Revised Code.                                                               

      (F)  "School bus" means every bus designed for carrying      123          

                                                          4      


                                                                 
more than nine passengers which THAT is owned by a public,         124          

private, or governmental agency or institution of learning and     126          

operated for the transportation of children to or from a school    127          

session or a school function, or owned by a private person and     128          

operated for compensation for the transportation of children to    129          

or from a school session or a school function, provided "school    130          

bus" does not include a bus operated by a municipally owned        131          

transportation system, a mass transit company operating            132          

exclusively within the territorial limits of a municipal           133          

corporation, or within such limits and the territorial limits of   134          

municipal corporations immediately contiguous to such municipal    135          

corporation, nor a common passenger carrier certified by the       136          

public utilities commission unless such bus is devoted             137          

exclusively to the transportation of children to and from a        138          

school session or a school function, and "school bus" does not     139          

include a van or bus used by a licensed child day-care center or   140          

type A family day-care home to transport children from the child   141          

day-care center or type A family day-care home to a school if the  142          

van or bus does not have more than fifteen children in the van or  143          

bus at any time.                                                   144          

      (G)  "Bicycle" means every device, other than a tricycle     146          

designed solely for use as a play vehicle by a child, propelled    147          

solely by human power upon which any person may ride having        148          

either two tandem wheels, or one wheel in the front and two        149          

wheels in the rear, any of which is more than fourteen inches in   150          

diameter.                                                          151          

      (H)  "Motorized bicycle" means any vehicle having either     153          

two tandem wheels or one wheel in the front and two wheels in the  154          

rear, that is capable of being pedaled and is equipped with a      155          

helper motor of not more than fifty cubic centimeters piston       156          

displacement which THAT produces no more than one brake            157          

horsepower and is capable of propelling the vehicle at a speed of  159          

no greater than twenty miles per hour on a level surface.          160          

      (I)  "Commercial tractor" means every motor vehicle having   162          

                                                          5      


                                                                 
motive power designed or used for drawing other vehicles and not   163          

so constructed as to carry any load thereon, or designed or used   164          

for drawing other vehicles while carrying a portion of such other  165          

vehicles, or load thereon, or both.                                166          

      (J)  "Agricultural tractor" means every self-propelling      168          

vehicle designed or used for drawing other vehicles or wheeled     169          

machinery but having no provision for carrying loads               170          

independently of such other vehicles, and used principally for     171          

agricultural purposes.                                             172          

      (K)  "Truck" means every motor vehicle, except trailers and  174          

semitrailers, designed and used to carry property.                 175          

      (L)  "Bus" means every motor vehicle designed for carrying   177          

more than nine passengers and used for the transportation of       178          

persons other than in a ridesharing arrangement, and every motor   179          

vehicle, automobile for hire, or funeral car, other than a         180          

taxicab or motor vehicle used in a ridesharing arrangement,        181          

designed and used for the transportation of persons for            182          

compensation.                                                      183          

      (M)  "Trailer" means every vehicle designed or used for      185          

carrying persons or property wholly on its own structure and for   186          

being drawn by a motor vehicle, including any such vehicle when    187          

formed by or operated as a combination of a "semitrailer" and a    188          

vehicle of the dolly type, such as that commonly known as a        189          

"trailer dolly," a vehicle used to transport agricultural produce  190          

or agricultural production materials between a local place of      191          

storage or supply and the farm when drawn or towed on a street or  192          

highway at a speed greater than twenty-five miles per hour, and a  193          

vehicle designed and used exclusively to transport a boat between  194          

a place of storage and a marina, or in and around a marina, when   195          

drawn or towed on a street or highway for a distance of more than  196          

ten miles or at a speed of more than twenty-five miles per hour.   197          

      (N)  "Semitrailer" means every vehicle designed or used for  199          

carrying persons or property with another and separate motor       200          

vehicle so that in operation a part of its own weight or that of   201          

                                                          6      


                                                                 
its load, or both, rests upon and is carried by another vehicle.   202          

      (O)  "Pole trailer" means every trailer or semitrailer       204          

attached to the towing vehicle by means of a reach, pole, or by    205          

being boomed or otherwise secured to the towing vehicle, and       206          

ordinarily used for transporting long or irregular shaped loads    207          

such as poles, pipes, or structural members capable, generally,    208          

of sustaining themselves as beams between the supporting           209          

connections.                                                       210          

      (P)  "Railroad" means a carrier of persons or property       212          

operating upon rails placed principally on a private               213          

right-of-way.                                                      214          

      (Q)  "Railroad train" means a steam engine or an electric    216          

or other motor, with or without cars coupled thereto, operated by  217          

a railroad.                                                        218          

      (R)  "Streetcar" means a car, other than a railroad train,   220          

for transporting persons or property, operated upon rails          221          

principally within a street or highway.                            222          

      (S)  "Trackless trolley" means every car that collects its   224          

power from overhead electric trolley wires and that is not         225          

operated upon rails or tracks.                                     226          

      (T)  "Explosives" means any chemical compound or mechanical  228          

mixture that is intended for the purpose of producing an           229          

explosion that contains any oxidizing and combustible units or     230          

other ingredients in such proportions, quantities, or packing      231          

that an ignition by fire, by friction, by concussion, by           232          

percussion, or by a detonator of any part of the compound or       233          

mixture may cause such a sudden generation of highly heated gases  234          

that the resultant gaseous pressures are capable of producing      235          

destructive effects on contiguous objects, or of destroying life   236          

or limb.  Manufactured articles shall not be held to be            237          

explosives when the individual units contain explosives in such    238          

limited quantities, of such nature, or in such packing, that it    239          

is impossible to procure a simultaneous or a destructive           240          

explosion of such units, to the injury of life, limb, or property  241          

                                                          7      


                                                                 
by fire, by friction, by concussion, by percussion, or by a        242          

detonator, such as fixed ammunition for small arms, firecrackers,  243          

or safety fuse matches.                                            244          

      (U)  "Flammable liquid" means any liquid which THAT has a    246          

flash point of seventy degrees Fahrenheit, or less, as determined  247          

by a tagliabue or equivalent closed cup test device.               248          

      (V)  "Gross weight" means the weight of a vehicle plus the   250          

weight of any load thereon.                                        251          

      (W)  "Person" means every natural person, firm,              253          

co-partnership, association, or corporation.                       254          

      (X)  "Pedestrian" means any natural person afoot.            256          

      (Y)  "Driver or operator" means every person who drives or   258          

is in actual physical control of a vehicle, trackless trolley, or  259          

streetcar.                                                         260          

      (Z)  "Police officer" means every officer authorized to      262          

direct or regulate traffic, or to make arrests for violations of   263          

traffic regulations.                                               264          

      (AA)  "Local authorities" means every county, municipal,     266          

and other local board or body having authority to adopt police     267          

regulations under the constitution and laws of this state.         268          

      (BB)  "Street" or "highway" means the entire width between   270          

the boundary lines of every way open to the use of the public as   271          

a thoroughfare for purposes of vehicular travel.                   272          

      (CC)  "Controlled-access highway" means every street or      274          

highway in respect to which owners or occupants of abutting lands  275          

and other persons have no legal right of access to or from the     276          

same except at such points only and in such manner as may be       277          

determined by the public authority having jurisdiction over such   278          

street or highway.                                                 279          

      (DD)  "Private road or driveway" means every way or place    281          

in private ownership used for vehicular travel by the owner and    282          

those having express or implied permission from the owner but not  283          

by other persons.                                                  284          

      (EE)  "Roadway" means that portion of a highway improved,    286          

                                                          8      


                                                                 
designed, or ordinarily used for vehicular travel, except the      287          

berm or shoulder.  If a highway includes two or more separate      288          

roadways the term "roadway" means any such roadway separately but  289          

not all such roadways collectively.                                290          

      (FF)  "Sidewalk" means that portion of a street between the  292          

curb lines, or the lateral lines of a roadway, and the adjacent    293          

property lines, intended for the use of pedestrians.               294          

      (GG)  "Laned highway" means a highway the roadway of which   296          

is divided into two or more clearly marked lanes for vehicular     297          

traffic.                                                           298          

      (HH)  "Through highway" means every street or highway as     300          

provided in section 4511.65 of the Revised Code.                   301          

      (II)  "State highway" means a highway under the              303          

jurisdiction of the department of transportation, outside the      304          

limits of municipal corporations, provided that the authority      305          

conferred upon the director of transportation in section 5511.01   306          

of the Revised Code to erect state highway route markers and       307          

signs directing traffic shall not be modified by sections 4511.01  308          

to 4511.79 and 4511.99 of the Revised Code.                        309          

      (JJ)  "State route" means every highway which THAT is        311          

designated with an official state route number and so marked.      312          

      (KK)  "Intersection" means:                                  314          

      (1)  The area embraced within the prolongation or            316          

connection of the lateral curb lines, or, if none, then the        317          

lateral boundary lines of the roadways of two highways which join  318          

one another at, or approximately at, right angles, or the area     319          

within which vehicles traveling upon different highways joining    320          

at any other angle may come in conflict.                           321          

      (2)  Where a highway includes two roadways thirty feet or    323          

more apart, then every crossing of each roadway of such divided    324          

highway by an intersecting highway shall be regarded as a          325          

separate intersection.  If an intersecting highway also includes   326          

two roadways thirty feet or more apart, then every crossing of     327          

two roadways of such highways shall be regarded as a separate      328          

                                                          9      


                                                                 
intersection.                                                      329          

      (3)  The junction of an alley with a street or highway, or   331          

with another alley, shall not constitute an intersection.          332          

      (LL)  "Crosswalk" means:                                     334          

      (1)  That part of a roadway at intersections ordinarily      336          

included within the real or projected prolongation of property     337          

lines and curb lines or, in the absence of curbs, the edges of     338          

the traversable roadway;                                           339          

      (2)  Any portion of a roadway at an intersection or          341          

elsewhere, distinctly indicated for pedestrian crossing by lines   342          

or other markings on the surface;                                  343          

      (3)  Notwithstanding divisions (LL)(1) and (2) of this       345          

section, there shall not be a crosswalk where local authorities    346          

have placed signs indicating no crossing.                          347          

      (MM)  "Safety zone" means the area or space officially set   349          

apart within a roadway for the exclusive use of pedestrians and    350          

protected or marked or indicated by adequate signs as to be        351          

plainly visible at all times.                                      352          

      (NN)  "Business district" means the territory fronting upon  354          

a street or highway, including the street or highway, between      355          

successive intersections within municipal corporations where       356          

fifty per cent or more of the frontage between such successive     357          

intersections is occupied by buildings in use for business, or     358          

within or outside municipal corporations where fifty per cent or   359          

more of the frontage for a distance of three hundred feet or more  360          

is occupied by buildings in use for business, and the character    361          

of such territory is indicated by official traffic control         362          

devices.                                                           363          

      (OO)  "Residence district" means the territory, not          365          

comprising a business district, fronting on a street or highway,   366          

including the street or highway, where, for a distance of three    367          

hundred feet or more, the frontage is improved with residences or  368          

residences and buildings in use for business.                      369          

      (PP)  "Urban district" means the territory contiguous to     371          

                                                          10     


                                                                 
and including any street or highway which is built up with         372          

structures devoted to business, industry, or dwelling houses       373          

situated at intervals of less than one hundred feet for a          374          

distance of a quarter of a mile or more, and the character of      375          

such territory is indicated by official traffic control devices.   376          

      (QQ)  "Traffic control devices" means all flaggers, signs,   378          

signals, markings, and devices placed or erected by authority of   379          

a public body or official having jurisdiction, for the purpose of  380          

regulating, warning, or guiding traffic, including signs denoting  381          

names of streets and highways.                                     382          

      (RR)  "Traffic control signal" means any device, whether     384          

manually, electrically, or mechanically operated, by which         385          

traffic is alternately directed to stop, to proceed, to change     386          

direction, or not to change direction.                             387          

      (SS)  "Railroad sign or signal" means any sign, signal, or   389          

device erected by authority of a public body or official or by a   390          

railroad and intended to give notice of the presence of railroad   391          

tracks or the approach of a railroad train.                        392          

      (TT)  "Traffic" means pedestrians, ridden or herded          394          

animals, vehicles, streetcars, trackless trolleys, and other       395          

devices, either singly or together, while using any highway for    396          

purposes of travel.                                                397          

      (UU)  "Right-of-way" means either of the following, as the   399          

context requires:                                                  400          

      (1)  The right of a vehicle, streetcar, trackless trolley,   402          

or pedestrian to proceed uninterruptedly in a lawful manner in     403          

the direction in which it or the individual is moving in           404          

preference to another vehicle, streetcar, trackless trolley, or    406          

pedestrian approaching from a different direction into its or the  407          

individual's path;                                                 408          

      (2)  A general term denoting land, property, or the          410          

interest therein, usually in the configuration of a strip,         411          

acquired for or devoted to transportation purposes.  When used in  412          

this context, right-of-way includes the roadway, shoulders or      413          

                                                          11     


                                                                 
berm, ditch, and slopes extending to the right-of-way limits       414          

under the control of the state or local authority.                 415          

      (VV)  "Rural mail delivery vehicle" means every vehicle      417          

used to deliver United States mail on a rural mail delivery        418          

route.                                                             419          

      (WW)  "Funeral escort vehicle" means any motor vehicle,      421          

including a funeral hearse, while used to facilitate the movement  422          

of a funeral procession.                                           423          

      (XX)  "Alley" means a street or highway intended to provide  425          

access to the rear or side of lots or buildings in urban           426          

districts and not intended for the purpose of through vehicular    427          

traffic, and includes any street or highway that has been          428          

declared an "alley" by the legislative authority of the municipal  429          

corporation in which such street or highway is located.            430          

      (YY)  "Freeway" means a divided multi-lane highway for       432          

through traffic with all crossroads separated in grade and with    433          

full control of access.                                            434          

      (ZZ)  "Expressway" means a divided arterial highway for      436          

through traffic with full or partial control of access with an     437          

excess of fifty per cent of all crossroads separated in grade.     438          

      (AAA)  "Thruway" means a through highway whose entire        440          

roadway is reserved for through traffic and on which roadway       441          

parking is prohibited.                                             442          

      (BBB)  "Stop intersection" means any intersection at one or  444          

more entrances of which stop signs are erected.                    445          

      (CCC)  "Arterial street" means any United States or state    447          

numbered route, controlled access highway, or other major radial   448          

or circumferential street or highway designated by local           449          

authorities within their respective jurisdictions as part of a     450          

major arterial system of streets or highways.                      451          

      (DDD)  "Ridesharing arrangement" means the transportation    453          

of persons in a motor vehicle where such transportation is         454          

incidental to another purpose of a volunteer driver and includes   455          

ridesharing arrangements known as carpools, vanpools, and          456          

                                                          12     


                                                                 
buspools.                                                          457          

      (EEE)  "Motorized wheelchair" means any self-propelled       459          

vehicle designed for, and used by, a handicapped person and that   460          

is incapable of a speed in excess of eight miles per hour.         461          

      (FFF)  "Child day-care center" and "type A family day-care   463          

home" have the same meanings as in section 5104.01 of the Revised  464          

Code.                                                              465          

      (GGG)  "MULTI-WHEEL AGRICULTURAL TRACTOR" MEANS A TYPE OF    468          

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   472          

FOR DRAWING OTHER VEHICLES OR WHEELED MACHINERY, HAS NO PROVISION  473          

FOR CARRYING LOADS INDEPENDENTLY OF THE DRAWN VEHICLES OR          474          

MACHINERY, AND IS USED PRINCIPALLY FOR AGRICULTURAL PURPOSES.      475          

      Sec. 4513.03.  Every vehicle upon a street or highway        484          

within this state during the time from one-half hour after sunset  485          

to one-half hour before sunrise, and at any other time when there  486          

are unfavorable atmospheric conditions or when there is not        487          

sufficient natural light to render discernible persons, vehicles,  488          

and substantial objects on the highway at a distance of one        489          

thousand feet ahead, shall display lighted lights and              490          

illuminating devices as required by sections 4513.04 to 4513.37    491          

of the Revised Code, for different classes of vehicles; except     492          

that every motorized bicycle shall display at such times lighted   493          

lights meeting the rules adopted by the director of public safety  494          

under section 4511.521 of the Revised Code.  No motor vehicle,     495          

during such times, shall be operated upon a street or highway      496          

within this state using only parking lights as illumination.       497          

      Whenever in such sections a requirement is declared as to    499          

the distance from which certain lamps and devices shall render     500          

objects visible, or within which such lamps or devices shall be    501          

visible, such distance shall be measured upon a straight level     502          

unlighted highway under normal atmospheric conditions unless a     503          

different condition is expressly stated.                           504          

      Whenever in such sections a requirement is declared as to    506          

                                                          13     


                                                                 
the mounted height of lights or devices, it shall mean from the    507          

center of such light or device to the level ground upon which the  508          

vehicle stands.                                                    509          

      Sec. 4513.111.  (A)(1)  EVERY MULTI-WHEEL AGRICULTURAL       511          

TRACTOR WHOSE MANUFACTURE COMPLETION DATE WAS PRIOR TO JANUARY 1,  512          

2001, WHEN BEING OPERATED OR TRAVELING ON A STREET OR HIGHWAY AT   514          

THE TIMES SPECIFIED IN SECTION 4513.03 OF THE REVISED CODE, AT A   515          

MINIMUM SHALL BE EQUIPPED WITH AND DISPLAY REFLECTORS AND          517          

ILLUMINATED AMBER LAMPS SO THAT THE EXTREME LEFT AND RIGHT         518          

PROJECTIONS OF THE TRACTOR ARE INDICATED BY FLASHING LAMPS         519          

DISPLAYING AMBER LIGHT, VISIBLE TO THE FRONT AND THE REAR, BY      520          

AMBER REFLECTORS, ALL VISIBLE TO THE FRONT, AND BY RED             522          

REFLECTORS, ALL VISIBLE TO THE REAR.                               523          

      (2)  THE LAMPS DISPLAYING AMBER LIGHT NEED NOT FLASH         525          

SIMULTANEOUSLY AND NEED NOT FLASH IN CONJUNCTION WITH ANY          526          

DIRECTIONAL SIGNALS OF THE TRACTOR.                                             

      (3)  THE LAMPS AND REFLECTORS REQUIRED BY DIVISION (A)(1)    528          

OF THIS SECTION AND THEIR PLACEMENT SHALL MEET STANDARDS AND       530          

SPECIFICATIONS CONTAINED IN RULES ADOPTED BY THE DIRECTOR OF       531          

PUBLIC SAFETY IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED       533          

CODE.  THE RULES GOVERNING THE AMBER LAMPS AND THEIR PLACEMENT                  

SHALL CORRELATE WITH AND, AS FAR AS POSSIBLE, CONFORM WITH         535          

STANDARD 4.1.4.1 OF THE AMERICAN SOCIETY OF AGRICULTURAL           536          

ENGINEERS AS THAT STANDARD EXISTED ON THE EFFECTIVE DATE OF THIS   539          

SECTION.  THE RULES GOVERNING THE AMBER AND RED REFLECTORS AND     540          

THEIR PLACEMENT SHALL CORRELATE WITH AND, AS FAR AS POSSIBLE,      541          

CONFORM WITH STANDARDS 4.1.7.1 AND 4.1.7.2 OF THE AMERICAN         542          

SOCIETY OF AGRICULTURAL ENGINEERS AS THOSE STANDARDS EXISTED ON    543          

THE EFFECTIVE DATE OF THIS SECTION.                                544          

      (B)  EVERY UNIT OF FARM MACHINERY WHOSE MANUFACTURE          547          

COMPLETION DATE WAS ON OR AFTER JANUARY 1, 2001, WHEN BEING        548          

OPERATED OR TRAVELING ON A STREET OR HIGHWAY AT THE TIMES          549          

SPECIFIED IN SECTION 4513.03 OF THE REVISED CODE, SHALL BE         550          

EQUIPPED WITH AND DISPLAY REFLECTORS AND ILLUMINATED LAMPS THAT    552          

                                                          14     


                                                                 
MEET OR EXCEED THE LIGHTING, ILLUMINATION, AND REFLECTOR           553          

STANDARDS AND SPECIFICATIONS THAT ARE APPLICABLE TO THAT TYPE OF   554          

FARM MACHINERY FOR THE UNIT'S YEAR OF MANUFACTURE AND THAT ARE     556          

ESTABLISHED BY THE AMERICAN SOCIETY OF AGRICULTURAL ENGINEERS.     557          

      (C)  THE LIGHTS AND REFLECTORS REQUIRED BY THIS SECTION ARE  559          

IN ADDITION TO THE SLOW-MOVING VEHICLE EMBLEM AND LIGHTS REQUIRED  560          

OR PERMITTED BY SECTION 4513.11 OR 4513.17 OF THE REVISED CODE TO  562          

BE DISPLAYED ON FARM MACHINERY BEING OPERATED OR TRAVELING ON A                 

STREET OR HIGHWAY.                                                 563          

      (D)  NO PERSON SHALL OPERATE ANY UNIT OF FARM MACHINERY ON   566          

A STREET OR HIGHWAY OR CAUSE ANY UNIT OF FARM MACHINERY TO TRAVEL  567          

ON A STREET OR HIGHWAY IN VIOLATION OF DIVISION (A) OR (B) OF      569          

THIS SECTION.                                                                   

      Sec. 4513.27.  (A)  No person shall operate any motor        578          

truck, trackless trolley, bus, or commercial tractor upon any      579          

highway outside the corporate limits of municipalities at any      580          

time from a half hour after sunset to a half hour before sunrise   581          

unless there is carried in such vehicle and trackless trolley,     582          

except as provided in division (B) of this section, the following  583          

equipment which shall be of the types approved by the director of  584          

transportation:                                                    585          

      (1)  At least three flares or three red reflectors or three  587          

red electric lanterns, each of which is capable of being seen and  588          

distinguished at a distance of five hundred feet under normal      589          

atmospheric conditions at night time;                              590          

      (2)  At least three red-burning fusees, unless red           592          

reflectors or red electric lanterns are carried;                   593          

      (3)  At least two red cloth flags, not less than twelve      595          

inches square, with standards to support them;                     596          

      (4)  The type of red reflectors shall comply with such       598          

standards and specifications in effect on September 16, 1963 or    599          

later established by the interstate commerce commission and must   600          

be certified as meeting such standards by underwriter's            601          

laboratories.                                                      602          

                                                          15     


                                                                 
      (B)  No person shall operate at the time and under the       604          

conditions stated in this section any motor vehicle used in        605          

transporting flammable liquids in bulk, or in transporting         606          

compressed flammable gases, unless there is carried in such        607          

vehicle three red electric lanterns or three red reflectors        608          

meeting the requirements stated in division (A) of this section.   609          

There shall not be carried in any such vehicle any flare, fusee,   610          

or signal produced by a flame.                                     611          

      (C)  This section does not apply to any person who operates  613          

any motor vehicle in a work area designated by protection          614          

equipment devices that are displayed and used in accordance with   615          

the manual adopted by the department of transportation under       616          

section 4511.09 of the Revised Code.                               617          

      Sec. 4519.40.  The applicable provisions of Chapters 4511.   626          

and 4549. of the Revised Code shall be applied to the operation    627          

of snowmobiles, off-highway motorcycles, and all-purpose           629          

vehicles, except that no snowmobile, off-highway motorcycle, or    630          

all-purpose vehicle shall be operated as follows:                  631          

      (A)  On any limited access highway or freeway or the         633          

right-of-way thereof, except for emergency travel only during      634          

such time and in such manner as the director of public safety      635          

shall designate;                                                   636          

      (B)  On any private property, or in any nursery or planting  638          

area, without the permission of the owner or other person having   639          

the right to possession of the property;                           640          

      (C)  On any land or waters controlled by the state, except   642          

at those locations where a sign has been posted permitting such    643          

operation;                                                         644          

      (D)  On the tracks or right-of-way of any operating          646          

railroad;                                                          647          

      (E)  While transporting any firearm, bow, or other           649          

implement for hunting, that is not unloaded and securely encased;  650          

      (F)  For the purpose of chasing, pursuing, capturing, or     652          

killing any animal or wildfowl;                                    653          

                                                          16     


                                                                 
      (G)  During the time from one-half hour after sunset to      655          

one-half hour before sunrise, unless displaying lighted lights as  656          

required by section 4519.20 of the Revised Code.                   657          

      Sec. 5733.44.  THERE IS HEREBY ALLOWED A NONREFUNDABLE       659          

CREDIT AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED   660          

CODE FOR A FARM THAT PURCHASES LIGHTS AND REFLECTORS FOR           661          

INSTALLATION ON AGRICULTURAL TRACTORS TO COMPLY WITH THE LIGHTING  663          

AND REFLECTOR REQUIREMENTS CONTAINED IN SECTION 4513.111 OF THE    664          

REVISED CODE.  THE CREDIT SHALL EQUAL THE LESSER OF ONE THOUSAND   665          

DOLLARS OR FIFTY PER CENT OF THE SUM OF THE EXPENDITURES FOR THE   666          

LIGHTS AND REFLECTORS THAT ARE MADE BY THE TAXPAYER DURING THE     667          

PERIOD BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND ENDING  669          

ON THE DATE THAT IS ONE YEAR AFTER THE EFFECTIVE DATE OF THIS      671          

SECTION, AND SHALL BE CLAIMED FOR THE TAXABLE YEAR DURING WHICH                 

THE EXPENDITURES ARE MADE.  THE CREDIT SHALL BE CLAIMED IN THE     673          

ORDER PRESCRIBED BY SECTION 5733.98 OF THE REVISED CODE.  THE      674          

CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX OTHERWISE DUE UNDER      675          

SECTION 5733.06 OF THE REVISED CODE AFTER DEDUCTING ANY OTHER      676          

CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER THIS SECTION IN      677          

THAT ORDER.                                                                     

      IF THE TAXPAYER IS A DIRECT OR INDIRECT INVESTOR IN A        679          

PASS-THROUGH ENTITY THAT HAS PURCHASED LIGHTS AND REFLECTORS TO    680          

COMPLY WITH SECTION 4513.111 OF THE REVISED CODE, THE INVESTOR     681          

MAY CLAIM THE INVESTOR'S PROPORTIONATE OR DISTRIBUTIVE SHARE OF    683          

THE CREDIT ALLOWED UNDER THIS SECTION.                             684          

      Sec. 5733.98.  (A)  To provide a uniform procedure for       693          

calculating the amount of tax imposed by section 5733.06 of the    694          

Revised Code that is due under this chapter, a taxpayer shall      696          

claim any credits to which it is entitled in the following order,               

except as otherwise provided in section 5733.058 of the Revised    697          

Code:                                                                           

      (1)  The credit for taxes paid by a qualifying pass-through  699          

entity allowed under section 5733.0611 of the Revised Code;        700          

      (2)  The credit for qualifying affiliated groups under       702          

                                                          17     


                                                                 
section 5733.068 of the Revised Code;                              703          

      (3)  The subsidiary corporation credit under section         705          

5733.067 of the Revised Code;                                      706          

      (4)  The savings and loan assessment credit under section    708          

5733.063 of the Revised Code;                                      709          

      (5)  The credit for recycling and litter prevention          711          

donations under section 5733.064 of the Revised Code;              713          

      (6)  The credit for employers that enter into agreements     716          

with child day-care centers under section 5733.36 of the Revised   717          

Code;                                                                           

      (7)  The credit for employers that reimburse employee child  719          

day-care expenses under section 5733.38 of the Revised Code;       721          

      (8)  The credit for maintaining railroad active grade        723          

crossing warning devices under section 5733.43 of the Revised      724          

Code;                                                                           

      (9)  THE CREDIT FOR PURCHASES OF LIGHTS AND REFLECTORS       726          

UNDER SECTION 5733.44 OF THE REVISED CODE;                         727          

      (10)  The credit for manufacturing investments under         729          

section 5733.061 of the Revised Code;                              730          

      (10)(11)  The credit for purchases of new manufacturing      732          

machinery and equipment under section 5733.31 or section 5733.311  733          

of the Revised Code;                                               734          

      (11)(12)  The second credit for purchases of new             736          

manufacturing machinery and equipment under section 5733.33 of     738          

the Revised Code;                                                               

      (12)(13)  The job training credit under section 5733.42 of   740          

the Revised Code;                                                  742          

      (13)(14)  The credit for qualified research expenses under   744          

section 5733.351 of the Revised Code;                              746          

      (14)(15)  The enterprise zone credit under section 5709.66   748          

of the Revised Code;                                               749          

      (15)(16)  The credit for the eligible costs associated with  751          

a voluntary action under section 5733.34 of the Revised Code;      753          

      (16)(17)  The credit for employers that establish on-site    755          

                                                          18     


                                                                 
child day-care under section 5733.37 of the Revised Code;          757          

      (17)(18)  The credit for purchases of qualifying grape       759          

production property under section 5733.32 of the Revised Code;     760          

      (18)(19)  The export sales credit under section 5733.069 of  762          

the Revised Code;                                                  763          

      (19)(20)  The credit for research and development and        765          

technology transfer investors under section 5733.35 of the         766          

Revised Code;                                                                   

      (20)(21)  The enterprise zone credits under section 5709.65  768          

of the Revised Code;                                               769          

      (21)(22)  The credit for using Ohio coal under section       771          

5733.39 of the Revised Code;                                       773          

      (19)(23)  The refundable jobs creation credit under section  775          

5733.0610 of the Revised Code.                                     776          

      (B)  For any credit except the refundable jobs creation      778          

credit, the amount of the credit for a tax year shall not exceed   779          

the tax due after allowing for any other credit that precedes it   780          

in the order required under this section.  Any excess amount of a  781          

particular credit may be carried forward if authorized under the   782          

section creating that credit.                                      783          

      Sec. 5747.38.  THERE IS HEREBY ALLOWED A NONREFUNDABLE       785          

CREDIT AGAINST THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED   786          

CODE FOR A TAXPAYER THAT PURCHASES LIGHTS AND REFLECTORS FOR       787          

INSTALLATION ON AGRICULTURAL TRACTORS TO COMPLY WITH THE LIGHTING  789          

AND REFLECTOR REQUIREMENTS CONTAINED IN SECTION 4513.111 OF THE    790          

REVISED CODE.  THE CREDIT SHALL EQUAL THE LESSER OF ONE THOUSAND   791          

DOLLARS OR FIFTY PER CENT OF THE SUM OF THE EXPENDITURES FOR THE   792          

LIGHTS AND REFLECTORS THAT ARE MADE BY THE TAXPAYER DURING THE     793          

PERIOD BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND ENDING  795          

ON THE DATE THAT IS ONE YEAR AFTER THE EFFECTIVE DATE OF THIS      797          

SECTION, AND SHALL BE CLAIMED FOR THE TAXABLE YEAR DURING WHICH                 

THE EXPENDITURES ARE MADE.  THE CREDIT SHALL BE CLAIMED IN THE     799          

ORDER PRESCRIBED BY SECTION 5747.98 OF THE REVISED CODE.  THE      800          

CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX OTHERWISE DUE UNDER      801          

                                                          19     


                                                                 
SECTION 5747.02 OF THE REVISED CODE AFTER DEDUCTING ANY OTHER      803          

CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER THIS SECTION IN      804          

THAT ORDER.                                                                     

      IF THE TAXPAYER IS A DIRECT OR INDIRECT INVESTOR IN A        806          

PASS-THROUGH ENTITY THAT HAS PURCHASED LIGHTS AND REFLECTORS TO    807          

COMPLY WITH SECTION 4513.111 OF THE REVISED CODE, THE INVESTOR     808          

MAY CLAIM THE INVESTOR'S PROPORTIONATE OR DISTRIBUTIVE SHARE OF    810          

THE CREDIT ALLOWED UNDER THIS SECTION.                             811          

      Sec. 5747.98.  (A)  To provide a uniform procedure for       820          

calculating the amount of tax due under section 5747.02 of the     821          

Revised Code, a taxpayer shall claim any credits to which the      822          

taxpayer is entitled in the following order:                       824          

      (1)  The retirement income credit under division (B) of      826          

section 5747.055 of the Revised Code;                              827          

      (2)  The senior citizen credit under division (C) of         829          

section 5747.05 of the Revised Code;                               830          

      (3)  The lump sum distribution credit under division (D) of  832          

section 5747.05 of the Revised Code;                               833          

      (4)  The dependent care credit under section 5747.054 of     835          

the Revised Code;                                                  836          

      (5)  The lump sum retirement income credit under division    838          

(C) of section 5747.055 of the Revised Code;                       839          

      (6)  The lump sum retirement income credit under division    841          

(D) of section 5747.055 of the Revised Code;                       842          

      (7)  The lump sum retirement income credit under division    844          

(E) of section 5747.055 of the Revised Code;                       845          

      (8)  The credit for displaced workers who pay for job        847          

training under section 5747.27 of the Revised Code;                848          

      (9)  The campaign contribution credit under section 5747.29  851          

of the Revised Code;                                               853          

      (10)  The twenty-dollar personal exemption credit under      855          

section 5747.022 of the Revised Code;                              856          

      (11)  The joint filing credit under division (G) of section  859          

5747.05 of the Revised Code;                                                    

                                                          20     


                                                                 
      (12)  The nonresident credit under division (A) of section   862          

5747.05 of the Revised Code;                                                    

      (13)  The credit for a resident's out-of-state income under  865          

division (B) of section 5747.05 of the Revised Code;                            

      (14)  The credit for employers that enter into agreements    868          

with child day-care centers under section 5747.34 of the Revised   869          

Code;                                                                           

      (15)  The credit for employers that reimburse employee       871          

child day-care expenses under section 5747.36 of the Revised       873          

Code;                                                                           

      (16)  The credit for adoption of a minor child under         875          

section 5747.37 of the Revised Code;                               876          

      (17)  THE CREDIT FOR PURCHASES OF LIGHTS AND REFLECTORS      878          

UNDER SECTION 5747.38 OF THE REVISED CODE;                         879          

      (18)  The credit for manufacturing investments under         881          

section 5747.051 of the Revised Code;                              882          

      (18)(19)  The credit for purchases of new manufacturing      884          

machinery and equipment under section 5747.26 or section 5747.261  886          

of the Revised Code;                                                            

      (19)(20)  The second credit for purchases of new             888          

manufacturing machinery and equipment and the credit for using     890          

Ohio coal under section 5747.31 of the Revised Code;               891          

      (20)(21)  The enterprise zone credit under section 5709.66   893          

of the Revised Code;                                               894          

      (21)(22)  The credit for the eligible costs associated with  896          

a voluntary action under section 5747.32 of the Revised Code;      898          

      (22)(23)  The credit for employers that establish on-site    901          

child day-care centers under section 5747.35 of the Revised Code;  902          

      (23)(24)  The credit for purchases of qualifying grape       904          

production property under section 5747.28 of the Revised Code;     905          

      (24)(25)  The export sales credit under section 5747.057 of  907          

the Revised Code;                                                  908          

      (25)(26)  The credit for research and development and        910          

technology transfer investors under section 5747.33 of the         911          

                                                          21     


                                                                 
Revised Code;                                                                   

      (26)(27)  The enterprise zone credits under section 5709.65  914          

of the Revised Code;                                                            

      (27)(28)  The refundable jobs creation credit under section  917          

5747.058 of the Revised Code;                                                   

      (28)(29)  The refundable credit for taxes paid by a          919          

qualifying entity granted under section 5747.059 of the Revised    920          

Code;                                                                           

      (29)(30)  The refundable credits for taxes paid by a         922          

qualifying pass-through entity granted under division (J) of       925          

section 5747.08 of the Revised Code.                                            

      (B)  For any credit, except the refundable credits           927          

enumerated in divisions (A)(27), (28), and (29), AND (30) of this  929          

section and the credit granted under division (I) of section       931          

5747.08 of the Revised Code, the amount of the credit for a        933          

taxable year shall not exceed the tax due after allowing for any   934          

other credit that precedes it in the order required under this     935          

section.  Any excess amount of a particular credit may be carried  936          

forward if authorized under the section creating that credit.      937          

Nothing in this chapter shall be construed to allow a taxpayer to  938          

claim, directly or indirectly, a credit more than once for a       939          

taxable year.                                                                   

      Section 2.  That existing sections 4511.01, 4513.03,         941          

4513.27, 4519.40, 5733.98, and 5747.98 of the Revised Code are     942          

hereby repealed.                                                                

      Section 3.  Sections 1 and 2 of this act shall take effect   944          

on the earliest date permitted by law.  However, the provisions    946          

of division (D) of section 4513.111 of the Revised Code, as        947          

enacted by this act, first apply one year after the effective      948          

date of this act.                                                               

      Section 4.  Section 5733.98 of the Revised Code is           950          

presented in this act as a composite of the section as amended by  951          

both Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 123rd General    952          

Assembly, with the new language of neither of the acts shown in    953          

                                                          22     


                                                                 
capital letters.  Section 5747.98 of the Revised Code is           954          

presented in this act as a composite of the section as amended by  955          

both Am. Sub. S.B. 3 and Am. S.B. 4 of the 123rd General           956          

Assembly, with the new language of neither of the acts shown in    957          

capital letters.  This is in recognition of the principle stated   958          

in division (B) of section 1.52 of the Revised Code that such      959          

amendments are to be harmonized where not substantively            960          

irreconcilable and constitutes a legislative finding that such is  961          

the resulting version in effect prior to the effective date of     962          

this act.