As Passed by the Senate 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-SENATORS WACHTMANN-SPADA-ARMBRUSTER 10
_________________________________________________________________ 12
A B I L L
To amend sections 4511.01, 4513.03, 4513.27, 14
4519.40, 5733.98, and 5747.98 and to enact 15
sections 4513.111, 5733.44, and 5747.38 of the 16
Revised Code to require, effective one year after 17
the effective date of this act, all multi-wheel 19
agricultural tractors operated or traveling on a 20
street or highway at night and certain other
times to be equipped with specified lamps and 21
reflectors that indicate the extreme left and 22
right projections of the tractors, to grant tax 24
credits to farms and farmers up to $1,000 for the 25
cost of equipping existing multi-wheel
agricultural tractors with the required lights 26
and reflectors, and to require vehicles operated 27
on the public streets from sunset to sunrise to 28
display lighted lights and illuminating devices,
rather than from one-half hour after sunset to 29
one-half hour before sunrise as specified in 30
current law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 4511.01, 4513.03, 4513.27, 34
4519.40, 5733.98, and 5747.98 be amended and sections 4513.111, 36
5733.44, and 5747.38 of the Revised Code be enacted to read as 37
2
follows:
Sec. 4511.01. As used in this chapter and in Chapter 4513. 46
of the Revised Code: 47
(A) "Vehicle" means every device, including a motorized 49
bicycle, in, upon, or by which any person or property may be 50
transported or drawn upon a highway, except motorized 51
wheelchairs, devices moved by power collected from overhead 52
electric trolley wires, or used exclusively upon stationary rails 53
or tracks, and devices other than bicycles moved by human power. 54
(B) "Motor vehicle" means every vehicle propelled or drawn 56
by power other than muscular power or power collected from 57
overhead electric trolley wires, except motorized bicycles, road 58
rollers, traction engines, power shovels, power cranes, and other 59
equipment used in construction work and not designed for or 60
employed in general highway transportation, hole-digging 61
machinery, well-drilling machinery, ditch-digging machinery, farm 62
machinery, trailers used to transport agricultural produce or 63
agricultural production materials between a local place of 64
storage or supply and the farm when drawn or towed on a street or 65
highway at a speed of twenty-five miles per hour or less, 66
threshing machinery, hay-baling machinery, agricultural tractors 67
and machinery used in the production of horticultural, 68
floricultural, agricultural, and vegetable products, and trailers 69
designed and used exclusively to transport a boat between a place 70
of storage and a marina, or in and around a marina, when drawn or 71
towed on a street or highway for a distance of no more than ten 72
miles and at a speed of twenty-five miles per hour or less. 73
(C) "Motorcycle" means every motor vehicle, other than a 75
tractor, having a saddle for the use of the operator and designed 76
to travel on not more than three wheels in contact with the 77
ground, including, but not limited to, motor vehicles known as 78
"motor-driven cycle," "motor scooter," or "motorcycle" without 79
regard to weight or brake horsepower. 80
(D) "Emergency vehicle" means emergency vehicles of 82
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municipal, township, or county departments or public utility 83
corporations when identified as such as required by law, the 84
director of public safety, or local authorities, and motor 85
vehicles when commandeered by a police officer. 86
(E) "Public safety vehicle" means any of the following: 88
(1) Ambulances, including private ambulance companies 90
under contract to a municipal corporation, township, or county, 91
and private ambulances and nontransport vehicles bearing license 92
plates issued under section 4503.49 of the Revised Code; 93
(2) Motor vehicles used by public law enforcement officers 95
or other persons sworn to enforce the criminal and traffic laws 96
of the state; 97
(3) Any motor vehicle when properly identified as required 99
by the director of public safety, when used in response to fire 100
emergency calls or to provide emergency medical service to ill or 101
injured persons, and when operated by a duly qualified person who 102
is a member of a volunteer rescue service or a volunteer fire 103
department, and who is on duty pursuant to the rules or 104
directives of that service. The state fire marshal shall be 105
designated by the director of public safety as the certifying 106
agency for all public safety vehicles described in division 107
(E)(3) of this section. 108
(4) Vehicles used by fire departments, including motor 110
vehicles when used by volunteer fire fighters responding to 112
emergency calls in the fire department service when identified as 113
required by the director of public safety. 114
Any vehicle used to transport or provide emergency medical 116
service to an ill or injured person, when certified as a public 117
safety vehicle, shall be considered a public safety vehicle when 118
transporting an ill or injured person to a hospital regardless of 119
whether such vehicle has already passed a hospital. 120
(5) Vehicles used by the commercial motor vehicle safety 122
enforcement unit for the enforcement of orders and rules of the 123
public utilities commission as specified in section 5503.34 of 124
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the Revised Code.
(F) "School bus" means every bus designed for carrying 126
more than nine passengers which THAT is owned by a public, 127
private, or governmental agency or institution of learning and 129
operated for the transportation of children to or from a school 130
session or a school function, or owned by a private person and 131
operated for compensation for the transportation of children to 132
or from a school session or a school function, provided "school 133
bus" does not include a bus operated by a municipally owned 134
transportation system, a mass transit company operating 135
exclusively within the territorial limits of a municipal 136
corporation, or within such limits and the territorial limits of 137
municipal corporations immediately contiguous to such municipal 138
corporation, nor a common passenger carrier certified by the 139
public utilities commission unless such bus is devoted 140
exclusively to the transportation of children to and from a 141
school session or a school function, and "school bus" does not 142
include a van or bus used by a licensed child day-care center or 143
type A family day-care home to transport children from the child 144
day-care center or type A family day-care home to a school if the 145
van or bus does not have more than fifteen children in the van or 146
bus at any time. 147
(G) "Bicycle" means every device, other than a tricycle 149
designed solely for use as a play vehicle by a child, propelled 150
solely by human power upon which any person may ride having 151
either two tandem wheels, or one wheel in the front and two 152
wheels in the rear, any of which is more than fourteen inches in 153
diameter. 154
(H) "Motorized bicycle" means any vehicle having either 156
two tandem wheels or one wheel in the front and two wheels in the 157
rear, that is capable of being pedaled and is equipped with a 158
helper motor of not more than fifty cubic centimeters piston 159
displacement which THAT produces no more than one brake 160
horsepower and is capable of propelling the vehicle at a speed of 162
5
no greater than twenty miles per hour on a level surface. 163
(I) "Commercial tractor" means every motor vehicle having 165
motive power designed or used for drawing other vehicles and not 166
so constructed as to carry any load thereon, or designed or used 167
for drawing other vehicles while carrying a portion of such other 168
vehicles, or load thereon, or both. 169
(J) "Agricultural tractor" means every self-propelling 171
vehicle designed or used for drawing other vehicles or wheeled 172
machinery but having no provision for carrying loads 173
independently of such other vehicles, and used principally for 174
agricultural purposes. 175
(K) "Truck" means every motor vehicle, except trailers and 177
semitrailers, designed and used to carry property. 178
(L) "Bus" means every motor vehicle designed for carrying 180
more than nine passengers and used for the transportation of 181
persons other than in a ridesharing arrangement, and every motor 182
vehicle, automobile for hire, or funeral car, other than a 183
taxicab or motor vehicle used in a ridesharing arrangement, 184
designed and used for the transportation of persons for 185
compensation. 186
(M) "Trailer" means every vehicle designed or used for 188
carrying persons or property wholly on its own structure and for 189
being drawn by a motor vehicle, including any such vehicle when 190
formed by or operated as a combination of a "semitrailer" and a 191
vehicle of the dolly type, such as that commonly known as a 192
"trailer dolly," a vehicle used to transport agricultural produce 193
or agricultural production materials between a local place of 194
storage or supply and the farm when drawn or towed on a street or 195
highway at a speed greater than twenty-five miles per hour, and a 196
vehicle designed and used exclusively to transport a boat between 197
a place of storage and a marina, or in and around a marina, when 198
drawn or towed on a street or highway for a distance of more than 199
ten miles or at a speed of more than twenty-five miles per hour. 200
(N) "Semitrailer" means every vehicle designed or used for 202
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carrying persons or property with another and separate motor 203
vehicle so that in operation a part of its own weight or that of 204
its load, or both, rests upon and is carried by another vehicle. 205
(O) "Pole trailer" means every trailer or semitrailer 207
attached to the towing vehicle by means of a reach, pole, or by 208
being boomed or otherwise secured to the towing vehicle, and 209
ordinarily used for transporting long or irregular shaped loads 210
such as poles, pipes, or structural members capable, generally, 211
of sustaining themselves as beams between the supporting 212
connections. 213
(P) "Railroad" means a carrier of persons or property 215
operating upon rails placed principally on a private 216
right-of-way. 217
(Q) "Railroad train" means a steam engine or an electric 219
or other motor, with or without cars coupled thereto, operated by 220
a railroad. 221
(R) "Streetcar" means a car, other than a railroad train, 223
for transporting persons or property, operated upon rails 224
principally within a street or highway. 225
(S) "Trackless trolley" means every car that collects its 227
power from overhead electric trolley wires and that is not 228
operated upon rails or tracks. 229
(T) "Explosives" means any chemical compound or mechanical 231
mixture that is intended for the purpose of producing an 232
explosion that contains any oxidizing and combustible units or 233
other ingredients in such proportions, quantities, or packing 234
that an ignition by fire, by friction, by concussion, by 235
percussion, or by a detonator of any part of the compound or 236
mixture may cause such a sudden generation of highly heated gases 237
that the resultant gaseous pressures are capable of producing 238
destructive effects on contiguous objects, or of destroying life 239
or limb. Manufactured articles shall not be held to be 240
explosives when the individual units contain explosives in such 241
limited quantities, of such nature, or in such packing, that it 242
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is impossible to procure a simultaneous or a destructive 243
explosion of such units, to the injury of life, limb, or property 244
by fire, by friction, by concussion, by percussion, or by a 245
detonator, such as fixed ammunition for small arms, firecrackers, 246
or safety fuse matches. 247
(U) "Flammable liquid" means any liquid which THAT has a 249
flash point of seventy degrees Fahrenheit, or less, as determined 250
by a tagliabue or equivalent closed cup test device. 251
(V) "Gross weight" means the weight of a vehicle plus the 253
weight of any load thereon. 254
(W) "Person" means every natural person, firm, 256
co-partnership, association, or corporation. 257
(X) "Pedestrian" means any natural person afoot. 259
(Y) "Driver or operator" means every person who drives or 261
is in actual physical control of a vehicle, trackless trolley, or 262
streetcar. 263
(Z) "Police officer" means every officer authorized to 265
direct or regulate traffic, or to make arrests for violations of 266
traffic regulations. 267
(AA) "Local authorities" means every county, municipal, 269
and other local board or body having authority to adopt police 270
regulations under the constitution and laws of this state. 271
(BB) "Street" or "highway" means the entire width between 273
the boundary lines of every way open to the use of the public as 274
a thoroughfare for purposes of vehicular travel. 275
(CC) "Controlled-access highway" means every street or 277
highway in respect to which owners or occupants of abutting lands 278
and other persons have no legal right of access to or from the 279
same except at such points only and in such manner as may be 280
determined by the public authority having jurisdiction over such 281
street or highway. 282
(DD) "Private road or driveway" means every way or place 284
in private ownership used for vehicular travel by the owner and 285
those having express or implied permission from the owner but not 286
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by other persons. 287
(EE) "Roadway" means that portion of a highway improved, 289
designed, or ordinarily used for vehicular travel, except the 290
berm or shoulder. If a highway includes two or more separate 291
roadways the term "roadway" means any such roadway separately but 292
not all such roadways collectively. 293
(FF) "Sidewalk" means that portion of a street between the 295
curb lines, or the lateral lines of a roadway, and the adjacent 296
property lines, intended for the use of pedestrians. 297
(GG) "Laned highway" means a highway the roadway of which 299
is divided into two or more clearly marked lanes for vehicular 300
traffic. 301
(HH) "Through highway" means every street or highway as 303
provided in section 4511.65 of the Revised Code. 304
(II) "State highway" means a highway under the 306
jurisdiction of the department of transportation, outside the 307
limits of municipal corporations, provided that the authority 308
conferred upon the director of transportation in section 5511.01 309
of the Revised Code to erect state highway route markers and 310
signs directing traffic shall not be modified by sections 4511.01 311
to 4511.79 and 4511.99 of the Revised Code. 312
(JJ) "State route" means every highway which THAT is 314
designated with an official state route number and so marked. 315
(KK) "Intersection" means: 317
(1) The area embraced within the prolongation or 319
connection of the lateral curb lines, or, if none, then the 320
lateral boundary lines of the roadways of two highways which join 321
one another at, or approximately at, right angles, or the area 322
within which vehicles traveling upon different highways joining 323
at any other angle may come in conflict. 324
(2) Where a highway includes two roadways thirty feet or 326
more apart, then every crossing of each roadway of such divided 327
highway by an intersecting highway shall be regarded as a 328
separate intersection. If an intersecting highway also includes 329
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two roadways thirty feet or more apart, then every crossing of 330
two roadways of such highways shall be regarded as a separate 331
intersection. 332
(3) The junction of an alley with a street or highway, or 334
with another alley, shall not constitute an intersection. 335
(LL) "Crosswalk" means: 337
(1) That part of a roadway at intersections ordinarily 339
included within the real or projected prolongation of property 340
lines and curb lines or, in the absence of curbs, the edges of 341
the traversable roadway; 342
(2) Any portion of a roadway at an intersection or 344
elsewhere, distinctly indicated for pedestrian crossing by lines 345
or other markings on the surface; 346
(3) Notwithstanding divisions (LL)(1) and (2) of this 348
section, there shall not be a crosswalk where local authorities 349
have placed signs indicating no crossing. 350
(MM) "Safety zone" means the area or space officially set 352
apart within a roadway for the exclusive use of pedestrians and 353
protected or marked or indicated by adequate signs as to be 354
plainly visible at all times. 355
(NN) "Business district" means the territory fronting upon 357
a street or highway, including the street or highway, between 358
successive intersections within municipal corporations where 359
fifty per cent or more of the frontage between such successive 360
intersections is occupied by buildings in use for business, or 361
within or outside municipal corporations where fifty per cent or 362
more of the frontage for a distance of three hundred feet or more 363
is occupied by buildings in use for business, and the character 364
of such territory is indicated by official traffic control 365
devices. 366
(OO) "Residence district" means the territory, not 368
comprising a business district, fronting on a street or highway, 369
including the street or highway, where, for a distance of three 370
hundred feet or more, the frontage is improved with residences or 371
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residences and buildings in use for business. 372
(PP) "Urban district" means the territory contiguous to 374
and including any street or highway which is built up with 375
structures devoted to business, industry, or dwelling houses 376
situated at intervals of less than one hundred feet for a 377
distance of a quarter of a mile or more, and the character of 378
such territory is indicated by official traffic control devices. 379
(QQ) "Traffic control devices" means all flaggers, signs, 381
signals, markings, and devices placed or erected by authority of 382
a public body or official having jurisdiction, for the purpose of 383
regulating, warning, or guiding traffic, including signs denoting 384
names of streets and highways. 385
(RR) "Traffic control signal" means any device, whether 387
manually, electrically, or mechanically operated, by which 388
traffic is alternately directed to stop, to proceed, to change 389
direction, or not to change direction. 390
(SS) "Railroad sign or signal" means any sign, signal, or 392
device erected by authority of a public body or official or by a 393
railroad and intended to give notice of the presence of railroad 394
tracks or the approach of a railroad train. 395
(TT) "Traffic" means pedestrians, ridden or herded 397
animals, vehicles, streetcars, trackless trolleys, and other 398
devices, either singly or together, while using any highway for 399
purposes of travel. 400
(UU) "Right-of-way" means either of the following, as the 402
context requires: 403
(1) The right of a vehicle, streetcar, trackless trolley, 405
or pedestrian to proceed uninterruptedly in a lawful manner in 406
the direction in which it or the individual is moving in 407
preference to another vehicle, streetcar, trackless trolley, or 409
pedestrian approaching from a different direction into its or the 410
individual's path; 411
(2) A general term denoting land, property, or the 413
interest therein, usually in the configuration of a strip, 414
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acquired for or devoted to transportation purposes. When used in 415
this context, right-of-way includes the roadway, shoulders or 416
berm, ditch, and slopes extending to the right-of-way limits 417
under the control of the state or local authority. 418
(VV) "Rural mail delivery vehicle" means every vehicle 420
used to deliver United States mail on a rural mail delivery 421
route. 422
(WW) "Funeral escort vehicle" means any motor vehicle, 424
including a funeral hearse, while used to facilitate the movement 425
of a funeral procession. 426
(XX) "Alley" means a street or highway intended to provide 428
access to the rear or side of lots or buildings in urban 429
districts and not intended for the purpose of through vehicular 430
traffic, and includes any street or highway that has been 431
declared an "alley" by the legislative authority of the municipal 432
corporation in which such street or highway is located. 433
(YY) "Freeway" means a divided multi-lane highway for 435
through traffic with all crossroads separated in grade and with 436
full control of access. 437
(ZZ) "Expressway" means a divided arterial highway for 439
through traffic with full or partial control of access with an 440
excess of fifty per cent of all crossroads separated in grade. 441
(AAA) "Thruway" means a through highway whose entire 443
roadway is reserved for through traffic and on which roadway 444
parking is prohibited. 445
(BBB) "Stop intersection" means any intersection at one or 447
more entrances of which stop signs are erected. 448
(CCC) "Arterial street" means any United States or state 450
numbered route, controlled access highway, or other major radial 451
or circumferential street or highway designated by local 452
authorities within their respective jurisdictions as part of a 453
major arterial system of streets or highways. 454
(DDD) "Ridesharing arrangement" means the transportation 456
of persons in a motor vehicle where such transportation is 457
12
incidental to another purpose of a volunteer driver and includes 458
ridesharing arrangements known as carpools, vanpools, and 459
buspools. 460
(EEE) "Motorized wheelchair" means any self-propelled 462
vehicle designed for, and used by, a handicapped person and that 463
is incapable of a speed in excess of eight miles per hour. 464
(FFF) "Child day-care center" and "type A family day-care 466
home" have the same meanings as in section 5104.01 of the Revised 467
Code. 468
(GGG) "MULTI-WHEEL AGRICULTURAL TRACTOR" MEANS A TYPE OF 471
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 475
FOR DRAWING OTHER VEHICLES OR WHEELED MACHINERY, HAS NO PROVISION 476
FOR CARRYING LOADS INDEPENDENTLY OF THE DRAWN VEHICLES OR 477
MACHINERY, AND IS USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. 478
Sec. 4513.03. Every vehicle upon a street or highway 487
within this state during the time from one-half hour after sunset 488
to one-half hour before sunrise, and at any other time when there 489
are unfavorable atmospheric conditions or when there is not 490
sufficient natural light to render discernible persons, vehicles, 491
and substantial objects on the highway at a distance of one 492
thousand feet ahead, shall display lighted lights and 493
illuminating devices as required by sections 4513.04 to 4513.37 494
of the Revised Code, for different classes of vehicles; except 495
that every motorized bicycle shall display at such times lighted 496
lights meeting the rules adopted by the director of public safety 497
under section 4511.521 of the Revised Code. No motor vehicle, 498
during such times, shall be operated upon a street or highway 499
within this state using only parking lights as illumination. 500
Whenever in such sections a requirement is declared as to 502
the distance from which certain lamps and devices shall render 503
objects visible, or within which such lamps or devices shall be 504
visible, such distance shall be measured upon a straight level 505
unlighted highway under normal atmospheric conditions unless a 506
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different condition is expressly stated. 507
Whenever in such sections a requirement is declared as to 509
the mounted height of lights or devices, it shall mean from the 510
center of such light or device to the level ground upon which the 511
vehicle stands. 512
Sec. 4513.111. (A)(1) EVERY MULTI-WHEEL AGRICULTURAL 514
TRACTOR WHOSE MODEL YEAR WAS 2001 OR EARLIER, WHEN BEING OPERATED 516
OR TRAVELING ON A STREET OR HIGHWAY AT THE TIMES SPECIFIED IN 517
SECTION 4513.03 OF THE REVISED CODE, AT A MINIMUM SHALL BE 518
EQUIPPED WITH AND DISPLAY REFLECTORS AND ILLUMINATED AMBER LAMPS 520
SO THAT THE EXTREME LEFT AND RIGHT PROJECTIONS OF THE TRACTOR ARE 521
INDICATED BY FLASHING LAMPS DISPLAYING AMBER LIGHT, VISIBLE TO 522
THE FRONT AND THE REAR, BY AMBER REFLECTORS, ALL VISIBLE TO THE 524
FRONT, AND BY RED REFLECTORS, ALL VISIBLE TO THE REAR. 526
(2) THE LAMPS DISPLAYING AMBER LIGHT NEED NOT FLASH 528
SIMULTANEOUSLY AND NEED NOT FLASH IN CONJUNCTION WITH ANY 529
DIRECTIONAL SIGNALS OF THE TRACTOR.
(3) THE LAMPS AND REFLECTORS REQUIRED BY DIVISION (A)(1) 531
OF THIS SECTION AND THEIR PLACEMENT SHALL MEET STANDARDS AND 533
SPECIFICATIONS CONTAINED IN RULES ADOPTED BY THE DIRECTOR OF 534
PUBLIC SAFETY IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 536
CODE. THE RULES GOVERNING THE AMBER LAMPS, AMBER REFLECTORS, AND
RED REFLECTORS AND THEIR PLACEMENT SHALL CORRELATE WITH AND, AS 538
FAR AS POSSIBLE, CONFORM WITH PARAGRAPHS 4.1.4.1, 4.1.7.1, AND 540
4.1.7.2 RESPECTIVELY OF THE AMERICAN SOCIETY OF AGRICULTURAL 541
ENGINEERS STANDARD ANSI/ASAE S279.10 OCT98, LIGHTING AND MARKING 542
OF AGRICULTURAL EQUIPMENT ON HIGHWAYS. 543
(B) EVERY UNIT OF FARM MACHINERY WHOSE MODEL YEAR WAS 2002 546
OR LATER, WHEN BEING OPERATED OR TRAVELING ON A STREET OR HIGHWAY 548
AT THE TIMES SPECIFIED IN SECTION 4513.03 OF THE REVISED CODE, 549
SHALL BE EQUIPPED WITH AND DISPLAY MARKINGS AND ILLUMINATED LAMPS 550
THAT MEET OR EXCEED THE LIGHTING, ILLUMINATION, AND MARKING 551
STANDARDS AND SPECIFICATIONS THAT ARE APPLICABLE TO THAT TYPE OF 552
FARM MACHINERY FOR THE UNIT'S MODEL YEAR SPECIFIED IN THE 554
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AMERICAN SOCIETY OF AGRICULTURAL ENGINEERS STANDARD ANSI/ASAE 555
S279.10 OCT98, LIGHTING AND MARKING OF AGRICULTURAL EQUIPMENT ON 556
HIGHWAYS.
(C) THE LIGHTS AND REFLECTORS REQUIRED BY DIVISION (A) OF 559
THIS SECTION ARE IN ADDITION TO THE SLOW-MOVING VEHICLE EMBLEM 560
AND LIGHTS REQUIRED OR PERMITTED BY SECTION 4513.11 OR 4513.17 OF 561
THE REVISED CODE TO BE DISPLAYED ON FARM MACHINERY BEING OPERATED 562
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
(B) No person shall operate at the time and under the 604
15
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
(G) During the time from one-half hour after sunset to 655
16
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
section 5733.068 of the Revised Code; 703
17
(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
child day-care under section 5733.37 of the Revised Code; 757
18
(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
SECTION 5747.02 OF THE REVISED CODE AFTER DEDUCTING ANY OTHER 803
19
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;
(12) The nonresident credit under division (A) of section 862
20
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
Revised Code;
21
(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
capital letters. Section 5747.98 of the Revised Code is 954
22
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.