As Passed by the House 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-KREBS- 8
TERWILLEGER-MEAD-AUSTRIA-WINKLER-WIDENER-MOTTLEY-YOUNG-ROMAN- 9
GARDNER-TIBERI 10
_________________________________________________________________ 11
A B I L L
To amend sections 4511.01, 4513.03, 4513.27, 13
4519.40, 5733.98, and 5747.98 and to enact 14
sections 4513.111, 5733.44, and 5747.38 of the 15
Revised Code to require, effective one year after 16
the effective date of this act, all multi-wheel 18
agricultural tractors operated or traveling on a 19
street or highway at night and certain other
times to be equipped with specified lamps and 20
reflectors that indicate the extreme left and 21
right projections of the tractors, to grant tax 23
credits to farms and farmers up to $1,000 for the 24
cost of equipping existing multi-wheel
agricultural tractors with the required lights 25
and reflectors, and to require vehicles operated 26
on the public streets from sunset to sunrise to 27
display lighted lights and illuminating devices,
rather than from one-half hour after sunset to 28
one-half hour before sunrise as specified in 29
current law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 4511.01, 4513.03, 4513.27, 33
4519.40, 5733.98, and 5747.98 be amended and sections 4513.111, 35
5733.44, and 5747.38 of the Revised Code be enacted to read as 36
2
follows:
Sec. 4511.01. As used in this chapter and in Chapter 4513. 45
of the Revised Code: 46
(A) "Vehicle" means every device, including a motorized 48
bicycle, in, upon, or by which any person or property may be 49
transported or drawn upon a highway, except motorized 50
wheelchairs, devices moved by power collected from overhead 51
electric trolley wires, or used exclusively upon stationary rails 52
or tracks, and devices other than bicycles moved by human power. 53
(B) "Motor vehicle" means every vehicle propelled or drawn 55
by power other than muscular power or power collected from 56
overhead electric trolley wires, except motorized bicycles, road 57
rollers, traction engines, power shovels, power cranes, and other 58
equipment used in construction work and not designed for or 59
employed in general highway transportation, hole-digging 60
machinery, well-drilling machinery, ditch-digging machinery, farm 61
machinery, trailers used to transport agricultural produce or 62
agricultural production materials between a local place of 63
storage or supply and the farm when drawn or towed on a street or 64
highway at a speed of twenty-five miles per hour or less, 65
threshing machinery, hay-baling machinery, agricultural tractors 66
and machinery used in the production of horticultural, 67
floricultural, agricultural, and vegetable products, and trailers 68
designed and used exclusively to transport a boat between a place 69
of storage and a marina, or in and around a marina, when drawn or 70
towed on a street or highway for a distance of no more than ten 71
miles and at a speed of twenty-five miles per hour or less. 72
(C) "Motorcycle" means every motor vehicle, other than a 74
tractor, having a saddle for the use of the operator and designed 75
to travel on not more than three wheels in contact with the 76
ground, including, but not limited to, motor vehicles known as 77
"motor-driven cycle," "motor scooter," or "motorcycle" without 78
regard to weight or brake horsepower. 79
(D) "Emergency vehicle" means emergency vehicles of 81
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municipal, township, or county departments or public utility 82
corporations when identified as such as required by law, the 83
director of public safety, or local authorities, and motor 84
vehicles when commandeered by a police officer. 85
(E) "Public safety vehicle" means any of the following: 87
(1) Ambulances, including private ambulance companies 89
under contract to a municipal corporation, township, or county, 90
and private ambulances and nontransport vehicles bearing license 91
plates issued under section 4503.49 of the Revised Code; 92
(2) Motor vehicles used by public law enforcement officers 94
or other persons sworn to enforce the criminal and traffic laws 95
of the state; 96
(3) Any motor vehicle when properly identified as required 98
by the director of public safety, when used in response to fire 99
emergency calls or to provide emergency medical service to ill or 100
injured persons, and when operated by a duly qualified person who 101
is a member of a volunteer rescue service or a volunteer fire 102
department, and who is on duty pursuant to the rules or 103
directives of that service. The state fire marshal shall be 104
designated by the director of public safety as the certifying 105
agency for all public safety vehicles described in division 106
(E)(3) of this section. 107
(4) Vehicles used by fire departments, including motor 109
vehicles when used by volunteer fire fighters responding to 111
emergency calls in the fire department service when identified as 112
required by the director of public safety. 113
Any vehicle used to transport or provide emergency medical 115
service to an ill or injured person, when certified as a public 116
safety vehicle, shall be considered a public safety vehicle when 117
transporting an ill or injured person to a hospital regardless of 118
whether such vehicle has already passed a hospital. 119
(5) Vehicles used by the commercial motor vehicle safety 121
enforcement unit for the enforcement of orders and rules of the 122
public utilities commission as specified in section 5503.34 of 123
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the Revised Code.
(F) "School bus" means every bus designed for carrying 125
more than nine passengers which THAT is owned by a public, 126
private, or governmental agency or institution of learning and 128
operated for the transportation of children to or from a school 129
session or a school function, or owned by a private person and 130
operated for compensation for the transportation of children to 131
or from a school session or a school function, provided "school 132
bus" does not include a bus operated by a municipally owned 133
transportation system, a mass transit company operating 134
exclusively within the territorial limits of a municipal 135
corporation, or within such limits and the territorial limits of 136
municipal corporations immediately contiguous to such municipal 137
corporation, nor a common passenger carrier certified by the 138
public utilities commission unless such bus is devoted 139
exclusively to the transportation of children to and from a 140
school session or a school function, and "school bus" does not 141
include a van or bus used by a licensed child day-care center or 142
type A family day-care home to transport children from the child 143
day-care center or type A family day-care home to a school if the 144
van or bus does not have more than fifteen children in the van or 145
bus at any time. 146
(G) "Bicycle" means every device, other than a tricycle 148
designed solely for use as a play vehicle by a child, propelled 149
solely by human power upon which any person may ride having 150
either two tandem wheels, or one wheel in the front and two 151
wheels in the rear, any of which is more than fourteen inches in 152
diameter. 153
(H) "Motorized bicycle" means any vehicle having either 155
two tandem wheels or one wheel in the front and two wheels in the 156
rear, that is capable of being pedaled and is equipped with a 157
helper motor of not more than fifty cubic centimeters piston 158
displacement which THAT produces no more than one brake 159
horsepower and is capable of propelling the vehicle at a speed of 161
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no greater than twenty miles per hour on a level surface. 162
(I) "Commercial tractor" means every motor vehicle having 164
motive power designed or used for drawing other vehicles and not 165
so constructed as to carry any load thereon, or designed or used 166
for drawing other vehicles while carrying a portion of such other 167
vehicles, or load thereon, or both. 168
(J) "Agricultural tractor" means every self-propelling 170
vehicle designed or used for drawing other vehicles or wheeled 171
machinery but having no provision for carrying loads 172
independently of such other vehicles, and used principally for 173
agricultural purposes. 174
(K) "Truck" means every motor vehicle, except trailers and 176
semitrailers, designed and used to carry property. 177
(L) "Bus" means every motor vehicle designed for carrying 179
more than nine passengers and used for the transportation of 180
persons other than in a ridesharing arrangement, and every motor 181
vehicle, automobile for hire, or funeral car, other than a 182
taxicab or motor vehicle used in a ridesharing arrangement, 183
designed and used for the transportation of persons for 184
compensation. 185
(M) "Trailer" means every vehicle designed or used for 187
carrying persons or property wholly on its own structure and for 188
being drawn by a motor vehicle, including any such vehicle when 189
formed by or operated as a combination of a "semitrailer" and a 190
vehicle of the dolly type, such as that commonly known as a 191
"trailer dolly," a vehicle used to transport agricultural produce 192
or agricultural production materials between a local place of 193
storage or supply and the farm when drawn or towed on a street or 194
highway at a speed greater than twenty-five miles per hour, and a 195
vehicle designed and used exclusively to transport a boat between 196
a place of storage and a marina, or in and around a marina, when 197
drawn or towed on a street or highway for a distance of more than 198
ten miles or at a speed of more than twenty-five miles per hour. 199
(N) "Semitrailer" means every vehicle designed or used for 201
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carrying persons or property with another and separate motor 202
vehicle so that in operation a part of its own weight or that of 203
its load, or both, rests upon and is carried by another vehicle. 204
(O) "Pole trailer" means every trailer or semitrailer 206
attached to the towing vehicle by means of a reach, pole, or by 207
being boomed or otherwise secured to the towing vehicle, and 208
ordinarily used for transporting long or irregular shaped loads 209
such as poles, pipes, or structural members capable, generally, 210
of sustaining themselves as beams between the supporting 211
connections. 212
(P) "Railroad" means a carrier of persons or property 214
operating upon rails placed principally on a private 215
right-of-way. 216
(Q) "Railroad train" means a steam engine or an electric 218
or other motor, with or without cars coupled thereto, operated by 219
a railroad. 220
(R) "Streetcar" means a car, other than a railroad train, 222
for transporting persons or property, operated upon rails 223
principally within a street or highway. 224
(S) "Trackless trolley" means every car that collects its 226
power from overhead electric trolley wires and that is not 227
operated upon rails or tracks. 228
(T) "Explosives" means any chemical compound or mechanical 230
mixture that is intended for the purpose of producing an 231
explosion that contains any oxidizing and combustible units or 232
other ingredients in such proportions, quantities, or packing 233
that an ignition by fire, by friction, by concussion, by 234
percussion, or by a detonator of any part of the compound or 235
mixture may cause such a sudden generation of highly heated gases 236
that the resultant gaseous pressures are capable of producing 237
destructive effects on contiguous objects, or of destroying life 238
or limb. Manufactured articles shall not be held to be 239
explosives when the individual units contain explosives in such 240
limited quantities, of such nature, or in such packing, that it 241
7
is impossible to procure a simultaneous or a destructive 242
explosion of such units, to the injury of life, limb, or property 243
by fire, by friction, by concussion, by percussion, or by a 244
detonator, such as fixed ammunition for small arms, firecrackers, 245
or safety fuse matches. 246
(U) "Flammable liquid" means any liquid which THAT has a 248
flash point of seventy degrees Fahrenheit, or less, as determined 249
by a tagliabue or equivalent closed cup test device. 250
(V) "Gross weight" means the weight of a vehicle plus the 252
weight of any load thereon. 253
(W) "Person" means every natural person, firm, 255
co-partnership, association, or corporation. 256
(X) "Pedestrian" means any natural person afoot. 258
(Y) "Driver or operator" means every person who drives or 260
is in actual physical control of a vehicle, trackless trolley, or 261
streetcar. 262
(Z) "Police officer" means every officer authorized to 264
direct or regulate traffic, or to make arrests for violations of 265
traffic regulations. 266
(AA) "Local authorities" means every county, municipal, 268
and other local board or body having authority to adopt police 269
regulations under the constitution and laws of this state. 270
(BB) "Street" or "highway" means the entire width between 272
the boundary lines of every way open to the use of the public as 273
a thoroughfare for purposes of vehicular travel. 274
(CC) "Controlled-access highway" means every street or 276
highway in respect to which owners or occupants of abutting lands 277
and other persons have no legal right of access to or from the 278
same except at such points only and in such manner as may be 279
determined by the public authority having jurisdiction over such 280
street or highway. 281
(DD) "Private road or driveway" means every way or place 283
in private ownership used for vehicular travel by the owner and 284
those having express or implied permission from the owner but not 285
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by other persons. 286
(EE) "Roadway" means that portion of a highway improved, 288
designed, or ordinarily used for vehicular travel, except the 289
berm or shoulder. If a highway includes two or more separate 290
roadways the term "roadway" means any such roadway separately but 291
not all such roadways collectively. 292
(FF) "Sidewalk" means that portion of a street between the 294
curb lines, or the lateral lines of a roadway, and the adjacent 295
property lines, intended for the use of pedestrians. 296
(GG) "Laned highway" means a highway the roadway of which 298
is divided into two or more clearly marked lanes for vehicular 299
traffic. 300
(HH) "Through highway" means every street or highway as 302
provided in section 4511.65 of the Revised Code. 303
(II) "State highway" means a highway under the 305
jurisdiction of the department of transportation, outside the 306
limits of municipal corporations, provided that the authority 307
conferred upon the director of transportation in section 5511.01 308
of the Revised Code to erect state highway route markers and 309
signs directing traffic shall not be modified by sections 4511.01 310
to 4511.79 and 4511.99 of the Revised Code. 311
(JJ) "State route" means every highway which THAT is 313
designated with an official state route number and so marked. 314
(KK) "Intersection" means: 316
(1) The area embraced within the prolongation or 318
connection of the lateral curb lines, or, if none, then the 319
lateral boundary lines of the roadways of two highways which join 320
one another at, or approximately at, right angles, or the area 321
within which vehicles traveling upon different highways joining 322
at any other angle may come in conflict. 323
(2) Where a highway includes two roadways thirty feet or 325
more apart, then every crossing of each roadway of such divided 326
highway by an intersecting highway shall be regarded as a 327
separate intersection. If an intersecting highway also includes 328
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two roadways thirty feet or more apart, then every crossing of 329
two roadways of such highways shall be regarded as a separate 330
intersection. 331
(3) The junction of an alley with a street or highway, or 333
with another alley, shall not constitute an intersection. 334
(LL) "Crosswalk" means: 336
(1) That part of a roadway at intersections ordinarily 338
included within the real or projected prolongation of property 339
lines and curb lines or, in the absence of curbs, the edges of 340
the traversable roadway; 341
(2) Any portion of a roadway at an intersection or 343
elsewhere, distinctly indicated for pedestrian crossing by lines 344
or other markings on the surface; 345
(3) Notwithstanding divisions (LL)(1) and (2) of this 347
section, there shall not be a crosswalk where local authorities 348
have placed signs indicating no crossing. 349
(MM) "Safety zone" means the area or space officially set 351
apart within a roadway for the exclusive use of pedestrians and 352
protected or marked or indicated by adequate signs as to be 353
plainly visible at all times. 354
(NN) "Business district" means the territory fronting upon 356
a street or highway, including the street or highway, between 357
successive intersections within municipal corporations where 358
fifty per cent or more of the frontage between such successive 359
intersections is occupied by buildings in use for business, or 360
within or outside municipal corporations where fifty per cent or 361
more of the frontage for a distance of three hundred feet or more 362
is occupied by buildings in use for business, and the character 363
of such territory is indicated by official traffic control 364
devices. 365
(OO) "Residence district" means the territory, not 367
comprising a business district, fronting on a street or highway, 368
including the street or highway, where, for a distance of three 369
hundred feet or more, the frontage is improved with residences or 370
10
residences and buildings in use for business. 371
(PP) "Urban district" means the territory contiguous to 373
and including any street or highway which is built up with 374
structures devoted to business, industry, or dwelling houses 375
situated at intervals of less than one hundred feet for a 376
distance of a quarter of a mile or more, and the character of 377
such territory is indicated by official traffic control devices. 378
(QQ) "Traffic control devices" means all flaggers, signs, 380
signals, markings, and devices placed or erected by authority of 381
a public body or official having jurisdiction, for the purpose of 382
regulating, warning, or guiding traffic, including signs denoting 383
names of streets and highways. 384
(RR) "Traffic control signal" means any device, whether 386
manually, electrically, or mechanically operated, by which 387
traffic is alternately directed to stop, to proceed, to change 388
direction, or not to change direction. 389
(SS) "Railroad sign or signal" means any sign, signal, or 391
device erected by authority of a public body or official or by a 392
railroad and intended to give notice of the presence of railroad 393
tracks or the approach of a railroad train. 394
(TT) "Traffic" means pedestrians, ridden or herded 396
animals, vehicles, streetcars, trackless trolleys, and other 397
devices, either singly or together, while using any highway for 398
purposes of travel. 399
(UU) "Right-of-way" means either of the following, as the 401
context requires: 402
(1) The right of a vehicle, streetcar, trackless trolley, 404
or pedestrian to proceed uninterruptedly in a lawful manner in 405
the direction in which it or the individual is moving in 406
preference to another vehicle, streetcar, trackless trolley, or 408
pedestrian approaching from a different direction into its or the 409
individual's path; 410
(2) A general term denoting land, property, or the 412
interest therein, usually in the configuration of a strip, 413
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acquired for or devoted to transportation purposes. When used in 414
this context, right-of-way includes the roadway, shoulders or 415
berm, ditch, and slopes extending to the right-of-way limits 416
under the control of the state or local authority. 417
(VV) "Rural mail delivery vehicle" means every vehicle 419
used to deliver United States mail on a rural mail delivery 420
route. 421
(WW) "Funeral escort vehicle" means any motor vehicle, 423
including a funeral hearse, while used to facilitate the movement 424
of a funeral procession. 425
(XX) "Alley" means a street or highway intended to provide 427
access to the rear or side of lots or buildings in urban 428
districts and not intended for the purpose of through vehicular 429
traffic, and includes any street or highway that has been 430
declared an "alley" by the legislative authority of the municipal 431
corporation in which such street or highway is located. 432
(YY) "Freeway" means a divided multi-lane highway for 434
through traffic with all crossroads separated in grade and with 435
full control of access. 436
(ZZ) "Expressway" means a divided arterial highway for 438
through traffic with full or partial control of access with an 439
excess of fifty per cent of all crossroads separated in grade. 440
(AAA) "Thruway" means a through highway whose entire 442
roadway is reserved for through traffic and on which roadway 443
parking is prohibited. 444
(BBB) "Stop intersection" means any intersection at one or 446
more entrances of which stop signs are erected. 447
(CCC) "Arterial street" means any United States or state 449
numbered route, controlled access highway, or other major radial 450
or circumferential street or highway designated by local 451
authorities within their respective jurisdictions as part of a 452
major arterial system of streets or highways. 453
(DDD) "Ridesharing arrangement" means the transportation 455
of persons in a motor vehicle where such transportation is 456
12
incidental to another purpose of a volunteer driver and includes 457
ridesharing arrangements known as carpools, vanpools, and 458
buspools. 459
(EEE) "Motorized wheelchair" means any self-propelled 461
vehicle designed for, and used by, a handicapped person and that 462
is incapable of a speed in excess of eight miles per hour. 463
(FFF) "Child day-care center" and "type A family day-care 465
home" have the same meanings as in section 5104.01 of the Revised 466
Code. 467
(GGG) "MULTI-WHEEL AGRICULTURAL TRACTOR" MEANS A TYPE OF 470
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 474
FOR DRAWING OTHER VEHICLES OR WHEELED MACHINERY, HAS NO PROVISION 475
FOR CARRYING LOADS INDEPENDENTLY OF THE DRAWN VEHICLES OR 476
MACHINERY, AND IS USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. 477
Sec. 4513.03. Every vehicle upon a street or highway 486
within this state during the time from one-half hour after sunset 487
to one-half hour before sunrise, and at any other time when there 488
are unfavorable atmospheric conditions or when there is not 489
sufficient natural light to render discernible persons, vehicles, 490
and substantial objects on the highway at a distance of one 491
thousand feet ahead, shall display lighted lights and 492
illuminating devices as required by sections 4513.04 to 4513.37 493
of the Revised Code, for different classes of vehicles; except 494
that every motorized bicycle shall display at such times lighted 495
lights meeting the rules adopted by the director of public safety 496
under section 4511.521 of the Revised Code. No motor vehicle, 497
during such times, shall be operated upon a street or highway 498
within this state using only parking lights as illumination. 499
Whenever in such sections a requirement is declared as to 501
the distance from which certain lamps and devices shall render 502
objects visible, or within which such lamps or devices shall be 503
visible, such distance shall be measured upon a straight level 504
unlighted highway under normal atmospheric conditions unless a 505
13
different condition is expressly stated. 506
Whenever in such sections a requirement is declared as to 508
the mounted height of lights or devices, it shall mean from the 509
center of such light or device to the level ground upon which the 510
vehicle stands. 511
Sec. 4513.111. (A)(1) EVERY MULTI-WHEEL AGRICULTURAL 513
TRACTOR WHOSE MANUFACTURE COMPLETION DATE WAS PRIOR TO JANUARY 1, 514
2001, WHEN BEING OPERATED OR TRAVELING ON A STREET OR HIGHWAY AT 516
THE TIMES SPECIFIED IN SECTION 4513.03 OF THE REVISED CODE, AT A 517
MINIMUM SHALL BE EQUIPPED WITH AND DISPLAY REFLECTORS AND 519
ILLUMINATED AMBER LAMPS SO THAT THE EXTREME LEFT AND RIGHT 520
PROJECTIONS OF THE TRACTOR ARE INDICATED BY FLASHING LAMPS 521
DISPLAYING AMBER LIGHT, VISIBLE TO THE FRONT AND THE REAR, BY 522
AMBER REFLECTORS, ALL VISIBLE TO THE FRONT, AND BY RED 524
REFLECTORS, ALL VISIBLE TO THE REAR. 525
(2) THE LAMPS DISPLAYING AMBER LIGHT NEED NOT FLASH 527
SIMULTANEOUSLY AND NEED NOT FLASH IN CONJUNCTION WITH ANY 528
DIRECTIONAL SIGNALS OF THE TRACTOR.
(3) THE LAMPS AND REFLECTORS REQUIRED BY DIVISION (A)(1) 530
OF THIS SECTION AND THEIR PLACEMENT SHALL MEET STANDARDS AND 532
SPECIFICATIONS CONTAINED IN RULES ADOPTED BY THE DIRECTOR OF 533
PUBLIC SAFETY IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 535
CODE. THE RULES GOVERNING THE AMBER LAMPS AND THEIR PLACEMENT
SHALL CORRELATE WITH AND, AS FAR AS POSSIBLE, CONFORM WITH 537
STANDARD 4.1.4.1 OF THE AMERICAN SOCIETY OF AGRICULTURAL 538
ENGINEERS AS THAT STANDARD EXISTED ON THE EFFECTIVE DATE OF THIS 541
SECTION. THE RULES GOVERNING THE AMBER AND RED REFLECTORS AND 542
THEIR PLACEMENT SHALL CORRELATE WITH AND, AS FAR AS POSSIBLE, 543
CONFORM WITH STANDARDS 4.1.7.1 AND 4.1.7.2 OF THE AMERICAN 544
SOCIETY OF AGRICULTURAL ENGINEERS AS THOSE STANDARDS EXISTED ON 545
THE EFFECTIVE DATE OF THIS SECTION. 546
(B) EVERY UNIT OF FARM MACHINERY WHOSE MANUFACTURE 549
COMPLETION DATE WAS ON OR AFTER JANUARY 1, 2001, WHEN BEING 550
OPERATED OR TRAVELING ON A STREET OR HIGHWAY AT THE TIMES 551
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SPECIFIED IN SECTION 4513.03 OF THE REVISED CODE, SHALL BE 552
EQUIPPED WITH AND DISPLAY REFLECTORS AND ILLUMINATED LAMPS THAT 554
MEET OR EXCEED THE LIGHTING, ILLUMINATION, AND REFLECTOR 555
STANDARDS AND SPECIFICATIONS THAT ARE APPLICABLE TO THAT TYPE OF 556
FARM MACHINERY FOR THE UNIT'S YEAR OF MANUFACTURE AND THAT ARE 558
ESTABLISHED BY THE AMERICAN SOCIETY OF AGRICULTURAL ENGINEERS. 559
(C) THE LIGHTS AND REFLECTORS REQUIRED BY THIS SECTION ARE 561
IN ADDITION TO THE SLOW-MOVING VEHICLE EMBLEM AND LIGHTS REQUIRED 562
OR PERMITTED BY SECTION 4513.11 OR 4513.17 OF THE REVISED CODE TO 564
BE DISPLAYED ON FARM MACHINERY BEING OPERATED OR TRAVELING ON A
STREET OR HIGHWAY. 565
(D) NO PERSON SHALL OPERATE ANY UNIT OF FARM MACHINERY ON 568
A STREET OR HIGHWAY OR CAUSE ANY UNIT OF FARM MACHINERY TO TRAVEL 569
ON A STREET OR HIGHWAY IN VIOLATION OF DIVISION (A) OR (B) OF 571
THIS SECTION.
Sec. 4513.27. (A) No person shall operate any motor 580
truck, trackless trolley, bus, or commercial tractor upon any 581
highway outside the corporate limits of municipalities at any 582
time from a half hour after sunset to a half hour before sunrise 583
unless there is carried in such vehicle and trackless trolley, 584
except as provided in division (B) of this section, the following 585
equipment which shall be of the types approved by the director of 586
transportation: 587
(1) At least three flares or three red reflectors or three 589
red electric lanterns, each of which is capable of being seen and 590
distinguished at a distance of five hundred feet under normal 591
atmospheric conditions at night time; 592
(2) At least three red-burning fusees, unless red 594
reflectors or red electric lanterns are carried; 595
(3) At least two red cloth flags, not less than twelve 597
inches square, with standards to support them; 598
(4) The type of red reflectors shall comply with such 600
standards and specifications in effect on September 16, 1963 or 601
later established by the interstate commerce commission and must 602
15
be certified as meeting such standards by underwriter's 603
laboratories. 604
(B) No person shall operate at the time and under the 606
conditions stated in this section any motor vehicle used in 607
transporting flammable liquids in bulk, or in transporting 608
compressed flammable gases, unless there is carried in such 609
vehicle three red electric lanterns or three red reflectors 610
meeting the requirements stated in division (A) of this section. 611
There shall not be carried in any such vehicle any flare, fusee, 612
or signal produced by a flame. 613
(C) This section does not apply to any person who operates 615
any motor vehicle in a work area designated by protection 616
equipment devices that are displayed and used in accordance with 617
the manual adopted by the department of transportation under 618
section 4511.09 of the Revised Code. 619
Sec. 4519.40. The applicable provisions of Chapters 4511. 628
and 4549. of the Revised Code shall be applied to the operation 629
of snowmobiles, off-highway motorcycles, and all-purpose 631
vehicles, except that no snowmobile, off-highway motorcycle, or 632
all-purpose vehicle shall be operated as follows: 633
(A) On any limited access highway or freeway or the 635
right-of-way thereof, except for emergency travel only during 636
such time and in such manner as the director of public safety 637
shall designate; 638
(B) On any private property, or in any nursery or planting 640
area, without the permission of the owner or other person having 641
the right to possession of the property; 642
(C) On any land or waters controlled by the state, except 644
at those locations where a sign has been posted permitting such 645
operation; 646
(D) On the tracks or right-of-way of any operating 648
railroad; 649
(E) While transporting any firearm, bow, or other 651
implement for hunting, that is not unloaded and securely encased; 652
16
(F) For the purpose of chasing, pursuing, capturing, or 654
killing any animal or wildfowl; 655
(G) During the time from one-half hour after sunset to 657
one-half hour before sunrise, unless displaying lighted lights as 658
required by section 4519.20 of the Revised Code. 659
Sec. 5733.44. THERE IS HEREBY ALLOWED A NONREFUNDABLE 661
CREDIT AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED 662
CODE FOR A FARM THAT PURCHASES LIGHTS AND REFLECTORS FOR 663
INSTALLATION ON AGRICULTURAL TRACTORS TO COMPLY WITH THE LIGHTING 665
AND REFLECTOR REQUIREMENTS CONTAINED IN SECTION 4513.111 OF THE 666
REVISED CODE. THE CREDIT SHALL EQUAL THE LESSER OF ONE THOUSAND 667
DOLLARS OR FIFTY PER CENT OF THE SUM OF THE EXPENDITURES FOR THE 668
LIGHTS AND REFLECTORS THAT ARE MADE BY THE TAXPAYER DURING THE 669
PERIOD BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND ENDING 671
ON THE DATE THAT IS ONE YEAR AFTER THE EFFECTIVE DATE OF THIS 673
SECTION, AND SHALL BE CLAIMED FOR THE TAXABLE YEAR DURING WHICH
THE EXPENDITURES ARE MADE. THE CREDIT SHALL BE CLAIMED IN THE 675
ORDER PRESCRIBED BY SECTION 5733.98 OF THE REVISED CODE. THE 676
CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX OTHERWISE DUE UNDER 677
SECTION 5733.06 OF THE REVISED CODE AFTER DEDUCTING ANY OTHER 678
CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER THIS SECTION IN 679
THAT ORDER.
IF THE TAXPAYER IS A DIRECT OR INDIRECT INVESTOR IN A 681
PASS-THROUGH ENTITY THAT HAS PURCHASED LIGHTS AND REFLECTORS TO 682
COMPLY WITH SECTION 4513.111 OF THE REVISED CODE, THE INVESTOR 683
MAY CLAIM THE INVESTOR'S PROPORTIONATE OR DISTRIBUTIVE SHARE OF 685
THE CREDIT ALLOWED UNDER THIS SECTION. 686
Sec. 5733.98. (A) To provide a uniform procedure for 695
calculating the amount of tax imposed by section 5733.06 of the 696
Revised Code that is due under this chapter, a taxpayer shall 698
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised 699
Code:
(1) The credit for taxes paid by a qualifying pass-through 701
17
entity allowed under section 5733.0611 of the Revised Code; 702
(2) The credit for qualifying affiliated groups under 704
section 5733.068 of the Revised Code; 705
(3) The subsidiary corporation credit under section 707
5733.067 of the Revised Code; 708
(4) The savings and loan assessment credit under section 710
5733.063 of the Revised Code; 711
(5) The credit for recycling and litter prevention 713
donations under section 5733.064 of the Revised Code; 715
(6) The credit for employers that enter into agreements 718
with child day-care centers under section 5733.36 of the Revised 719
Code;
(7) The credit for employers that reimburse employee child 721
day-care expenses under section 5733.38 of the Revised Code; 723
(8) The credit for maintaining railroad active grade 725
crossing warning devices under section 5733.43 of the Revised 726
Code;
(9) THE CREDIT FOR PURCHASES OF LIGHTS AND REFLECTORS 728
UNDER SECTION 5733.44 OF THE REVISED CODE; 729
(10) The credit for manufacturing investments under 731
section 5733.061 of the Revised Code; 732
(10)(11) The credit for purchases of new manufacturing 734
machinery and equipment under section 5733.31 or section 5733.311 735
of the Revised Code; 736
(11)(12) The second credit for purchases of new 738
manufacturing machinery and equipment under section 5733.33 of 740
the Revised Code;
(12)(13) The job training credit under section 5733.42 of 742
the Revised Code; 744
(13)(14) The credit for qualified research expenses under 746
section 5733.351 of the Revised Code; 748
(14)(15) The enterprise zone credit under section 5709.66 750
of the Revised Code; 751
(15)(16) The credit for the eligible costs associated with 753
18
a voluntary action under section 5733.34 of the Revised Code; 755
(16)(17) The credit for employers that establish on-site 757
child day-care under section 5733.37 of the Revised Code; 759
(17)(18) The credit for purchases of qualifying grape 761
production property under section 5733.32 of the Revised Code; 762
(18)(19) The export sales credit under section 5733.069 of 764
the Revised Code; 765
(19)(20) The credit for research and development and 767
technology transfer investors under section 5733.35 of the 768
Revised Code;
(20)(21) The enterprise zone credits under section 5709.65 770
of the Revised Code; 771
(21)(22) The credit for using Ohio coal under section 773
5733.39 of the Revised Code; 775
(19)(23) The refundable jobs creation credit under section 777
5733.0610 of the Revised Code. 778
(B) For any credit except the refundable jobs creation 780
credit, the amount of the credit for a tax year shall not exceed 781
the tax due after allowing for any other credit that precedes it 782
in the order required under this section. Any excess amount of a 783
particular credit may be carried forward if authorized under the 784
section creating that credit. 785
Sec. 5747.38. THERE IS HEREBY ALLOWED A NONREFUNDABLE 787
CREDIT AGAINST THE TAX IMPOSED BY SECTION 5747.02 OF THE REVISED 788
CODE FOR A TAXPAYER THAT PURCHASES LIGHTS AND REFLECTORS FOR 789
INSTALLATION ON AGRICULTURAL TRACTORS TO COMPLY WITH THE LIGHTING 791
AND REFLECTOR REQUIREMENTS CONTAINED IN SECTION 4513.111 OF THE 792
REVISED CODE. THE CREDIT SHALL EQUAL THE LESSER OF ONE THOUSAND 793
DOLLARS OR FIFTY PER CENT OF THE SUM OF THE EXPENDITURES FOR THE 794
LIGHTS AND REFLECTORS THAT ARE MADE BY THE TAXPAYER DURING THE 795
PERIOD BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND ENDING 797
ON THE DATE THAT IS ONE YEAR AFTER THE EFFECTIVE DATE OF THIS 799
SECTION, AND SHALL BE CLAIMED FOR THE TAXABLE YEAR DURING WHICH
THE EXPENDITURES ARE MADE. THE CREDIT SHALL BE CLAIMED IN THE 801
19
ORDER PRESCRIBED BY SECTION 5747.98 OF THE REVISED CODE. THE 802
CREDIT SHALL NOT EXCEED THE AMOUNT OF TAX OTHERWISE DUE UNDER 803
SECTION 5747.02 OF THE REVISED CODE AFTER DEDUCTING ANY OTHER 805
CREDITS THAT PRECEDE THE CREDIT CLAIMED UNDER THIS SECTION IN 806
THAT ORDER.
IF THE TAXPAYER IS A DIRECT OR INDIRECT INVESTOR IN A 808
PASS-THROUGH ENTITY THAT HAS PURCHASED LIGHTS AND REFLECTORS TO 809
COMPLY WITH SECTION 4513.111 OF THE REVISED CODE, THE INVESTOR 810
MAY CLAIM THE INVESTOR'S PROPORTIONATE OR DISTRIBUTIVE SHARE OF 812
THE CREDIT ALLOWED UNDER THIS SECTION. 813
Sec. 5747.98. (A) To provide a uniform procedure for 822
calculating the amount of tax due under section 5747.02 of the 823
Revised Code, a taxpayer shall claim any credits to which the 824
taxpayer is entitled in the following order: 826
(1) The retirement income credit under division (B) of 828
section 5747.055 of the Revised Code; 829
(2) The senior citizen credit under division (C) of 831
section 5747.05 of the Revised Code; 832
(3) The lump sum distribution credit under division (D) of 834
section 5747.05 of the Revised Code; 835
(4) The dependent care credit under section 5747.054 of 837
the Revised Code; 838
(5) The lump sum retirement income credit under division 840
(C) of section 5747.055 of the Revised Code; 841
(6) The lump sum retirement income credit under division 843
(D) of section 5747.055 of the Revised Code; 844
(7) The lump sum retirement income credit under division 846
(E) of section 5747.055 of the Revised Code; 847
(8) The credit for displaced workers who pay for job 849
training under section 5747.27 of the Revised Code; 850
(9) The campaign contribution credit under section 5747.29 853
of the Revised Code; 855
(10) The twenty-dollar personal exemption credit under 857
section 5747.022 of the Revised Code; 858
20
(11) The joint filing credit under division (G) of section 861
5747.05 of the Revised Code;
(12) The nonresident credit under division (A) of section 864
5747.05 of the Revised Code;
(13) The credit for a resident's out-of-state income under 867
division (B) of section 5747.05 of the Revised Code;
(14) The credit for employers that enter into agreements 870
with child day-care centers under section 5747.34 of the Revised 871
Code;
(15) The credit for employers that reimburse employee 873
child day-care expenses under section 5747.36 of the Revised 875
Code;
(16) The credit for adoption of a minor child under 877
section 5747.37 of the Revised Code; 878
(17) THE CREDIT FOR PURCHASES OF LIGHTS AND REFLECTORS 880
UNDER SECTION 5747.38 OF THE REVISED CODE; 881
(18) The credit for manufacturing investments under 883
section 5747.051 of the Revised Code; 884
(18)(19) The credit for purchases of new manufacturing 886
machinery and equipment under section 5747.26 or section 5747.261 888
of the Revised Code;
(19)(20) The second credit for purchases of new 890
manufacturing machinery and equipment and the credit for using 892
Ohio coal under section 5747.31 of the Revised Code; 893
(20)(21) The enterprise zone credit under section 5709.66 895
of the Revised Code; 896
(21)(22) The credit for the eligible costs associated with 898
a voluntary action under section 5747.32 of the Revised Code; 900
(22)(23) The credit for employers that establish on-site 903
child day-care centers under section 5747.35 of the Revised Code; 904
(23)(24) The credit for purchases of qualifying grape 906
production property under section 5747.28 of the Revised Code; 907
(24)(25) The export sales credit under section 5747.057 of 909
the Revised Code; 910
21
(25)(26) The credit for research and development and 912
technology transfer investors under section 5747.33 of the 913
Revised Code;
(26)(27) The enterprise zone credits under section 5709.65 916
of the Revised Code;
(27)(28) The refundable jobs creation credit under section 919
5747.058 of the Revised Code;
(28)(29) The refundable credit for taxes paid by a 921
qualifying entity granted under section 5747.059 of the Revised 922
Code;
(29)(30) The refundable credits for taxes paid by a 924
qualifying pass-through entity granted under division (J) of 927
section 5747.08 of the Revised Code.
(B) For any credit, except the refundable credits 929
enumerated in divisions (A)(27), (28), and (29), AND (30) of this 931
section and the credit granted under division (I) of section 933
5747.08 of the Revised Code, the amount of the credit for a 935
taxable year shall not exceed the tax due after allowing for any 936
other credit that precedes it in the order required under this 937
section. Any excess amount of a particular credit may be carried 938
forward if authorized under the section creating that credit. 939
Nothing in this chapter shall be construed to allow a taxpayer to 940
claim, directly or indirectly, a credit more than once for a 941
taxable year.
Section 2. That existing sections 4511.01, 4513.03, 943
4513.27, 4519.40, 5733.98, and 5747.98 of the Revised Code are 944
hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect 946
on the earliest date permitted by law. However, the provisions 948
of division (D) of section 4513.111 of the Revised Code, as 949
enacted by this act, first apply one year after the effective 950
date of this act.
Section 4. Section 5733.98 of the Revised Code is 952
presented in this act as a composite of the section as amended by 953
22
both Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 123rd General 954
Assembly, with the new language of neither of the acts shown in 955
capital letters. Section 5747.98 of the Revised Code is 956
presented in this act as a composite of the section as amended by 957
both Am. Sub. S.B. 3 and Am. S.B. 4 of the 123rd General 958
Assembly, with the new language of neither of the acts shown in 959
capital letters. This is in recognition of the principle stated 960
in division (B) of section 1.52 of the Revised Code that such 961
amendments are to be harmonized where not substantively 962
irreconcilable and constitutes a legislative finding that such is 963
the resulting version in effect prior to the effective date of 964
this act.