As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 86 5
1999-2000 6
REPRESENTATIVES BATEMAN-MOTTLEY-ALLEN-BOYD-BRADING- 8
CAREY-CORBIN-MAIER-PATTON-TAYLOR-THOMAS- 9
VESPER-WINKLER 10
11
A B I L L
To enact section 4511.213 of the Revised Code to 13
provide that, at the scene of a motor vehicle 14
accident in which any person is killed or 15
injured, under certain circumstances the speed
limit at that scene is reduced by ten miles per 16
hour, and to require every person operating a 17
motor vehicle in the same direction of travel 18
applicable to the roadway in which such an
accident is located to make a reasonable effort 19
to operate the vehicle in the traffic lane that 20
is located farthest from the motor vehicle
accident scene, if such a lane exists. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 4511.213 of the Revised Code be 25
enacted to read as follows: 26
Sec. 4511.213. (A) UPON ARRIVING AT THE SCENE OF A MOTOR 30
VEHICLE ACCIDENT IN WHICH ANY PERSON IS KILLED OR INJURED, A LAW 31
ENFORCEMENT OFFICER OR FIREFIGHTER, AS SOON AS IS PRACTICABLE, 32
SHALL PLACE AT LEAST ONE LIGHTED FLARE AT A DISTANCE OF SIXTY 33
PACES OR APPROXIMATELY ONE HUNDRED FIFTY FEET IN ADVANCE OF AND 34
PAST THE ACCIDENT SCENE. IF NECESSARY, THE LAW ENFORCEMENT 35
OFFICER OR FIREFIGHTER SHALL REPOSITION ANY FLARES PLACED PRIOR 36
TO THE ARRIVAL OF THE OFFICER OR FIREFIGHTER SO THAT THE FLARES 37
ARE AT THE CORRECT DISTANCE FROM THE ACCIDENT SCENE. 38
2
(B) WHEN THE FLARES ARE PLACED AS DESCRIBED IN DIVISION 42
(A) OF THIS SECTION, AND THE FLASHING, ROTATING, OR OSCILLATING 43
LIGHT OF THE VEHICLE OF THE LAW ENFORCEMENT OFFICER OR 44
FIREFIGHTER IS IN OPERATION, THE ABSOLUTE SPEED LIMIT FOR THE 45
PORTION OF THE STREET OR HIGHWAY BOUNDED BY THE FLARES SHALL BE 46
TEN MILES PER HOUR LESS THAN THE POSTED SPEED LIMIT THAT 47
OTHERWISE APPLIES TO THAT PORTION OF STREET OR HIGHWAY. 48
(C) UPON APPROACHING A PORTION OF A STREET OR HIGHWAY 51
WHERE THE SPEED LIMIT IS REDUCED UNDER DIVISION (B) OF THIS 52
SECTION, EVERY OPERATOR OF A MOTOR VEHICLE THAT IS TRAVELING IN 53
THE SAME DIRECTION OF TRAVEL THAT APPLIES TO THE LANE IN WHICH 54
THE FLARES ARE LOCATED SHALL DO BOTH OF THE FOLLOWING: 55
(1) REDUCE THE SPEED OF THE OPERATOR'S MOTOR VEHICLE SO 57
THAT THE VEHICLE IS OPERATED ON THE PORTION OF STREET OR HIGHWAY 58
BOUNDED BY THE FLARES AT A SPEED THAT IS LESS THAN OR EQUAL TO 59
THE REDUCED SPEED LIMIT THAT APPLIES TO SUCH PORTION UNDER 60
DIVISION (B) OF THIS SECTION; 62
(2) MAKE A REASONABLE EFFORT TO OPERATE THE MOTOR VEHICLE, 65
WHILE TRAVELING THROUGH THE PORTION OF STREET OR HIGHWAY BOUNDED 66
BY THE FLARES, IN THE TRAFFIC LANE THAT IS LOCATED FARTHEST FROM 67
THE MOTOR VEHICLE ACCIDENT SCENE, IF SUCH A LANE EXISTS. 68
(D) NO PERSON SHALL OPERATE A MOTOR VEHICLE IN VIOLATION 71
OF DIVISION (C)(1) OR (2) OF THIS SECTION. 73