As Reported by the House Transportation, Public Safety and Homeland Security Committee

126th General Assembly
Regular Session
2005-2006
H. B. No. 389


Representatives Setzer, Yuko, McGregor, J., Wagoner, Fende, Hartnett, Widowfield, Patton, S., Webster, Allen, DeGeeter, Law 

A BILL
To amend sections 4511.07, 4511.071, 4511.22, 1
4511.25, 4511.31, 4511.39, 4511.52, 4511.53, 2
4511.55, 4511.56, and 4511.711 of the Revised Code 3
to revise certain laws as they relate to bicycle 4
operation.5


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

       Section 1. That sections 4511.07, 4511.071, 4511.22, 4511.25, 6
4511.31, 4511.39, 4511.52, 4511.53, 4511.55, 4511.56, and 4511.711 7
of the Revised Code be amended to read as follows:8

       Sec. 4511.07. (A) Sections 4511.01 to 4511.78, 4511.99, and9
4513.01 to 4513.37 of the Revised Code do not prevent local10
authorities from carrying out the following activities with11
respect to streets and highways under their jurisdiction and12
within the reasonable exercise of the police power:13

       (A)(1) Regulating the stopping, standing, or parking of14
vehicles, trackless trolleys, and streetcars;15

       (B)(2) Regulating traffic by means of police officers or16
traffic control devices;17

       (C)(3) Regulating or prohibiting processions or assemblages18
on the highways;19

       (D)(4) Designating particular highways as one-way highways20
and requiring that all vehicles, trackless trolleys, and21
streetcars on the one-way highways be moved in one specific22
direction;23

       (E)(5) Regulating the speed of vehicles, streetcars, and24
trackless trolleys in public parks;25

       (F)(6) Designating any highway as a through highway and26
requiring that all vehicles, trackless trolleys, and streetcars27
stop before entering or crossing a through highway, or designating 28
any intersection as a stop intersection and requiring all 29
vehicles, trackless trolleys, and streetcars to stop at one or 30
more entrances to the intersection;31

       (G)(7) Regulating or prohibiting vehicles and trackless32
trolleys from passing to the left of safety zones;33

       (H)(8) Regulating the operation of bicycles and requiring; 34
provided that no such regulation shall be fundamentally 35
inconsistent with the uniform rules of the road prescribed by this 36
chapter and that no such regulation shall prohibit the use of 37
bicycles on any public street or highway except as provided in 38
section 4511.051 of the Revised Code;39

       (9) Requiring the registration and licensing of bicycles, 40
including the requirement of a registration fee for residents of 41
the local authority;42

       (I)(10) Regulating the use of certain streets by vehicles,43
streetcars, or trackless trolleys.44

       (B) No ordinance or regulation enacted under division 45
(D)(A)(4), (E)(5), (F)(6), (G)(7), (8), or (I)(10) of this section 46
shall be effective until signs giving notice of the local traffic 47
regulations are posted upon or at the entrance to the highway or 48
part of the highway affected, as may be most appropriate.49

       (C) Every ordinance, resolution, or regulation enacted under50
division (A)(1) of this section shall be enforced in compliance 51
with section 4511.071 of the Revised Code, unless the local 52
authority that enacted it also enacted an ordinance, resolution, 53
or regulation pursuant to division (A) of section 4521.02 of the54
Revised Code that specifies that a violation of it shall not be55
considered a criminal offense, in which case the ordinance,56
resolution, or regulation shall be enforced in compliance with57
Chapter 4521. of the Revised Code.58

       Sec. 4511.071.  (A) Except as provided in division (C) of59
this section, the owner of a vehicle shall be entitled to60
establish nonliability for prosecution for violation of an61
ordinance, resolution, or regulation enacted under division (A)(1)62
of section 4511.07 of the Revised Code by proving the vehicle was63
in the care, custody, or control of a person other than the owner64
at the time of the violation pursuant to a written rental or lease 65
agreement or affidavit providing that except for such agreement, 66
no other business relationship with respect to the vehicle in 67
question exists between the operator and owner.68

       (B) Proof that the vehicle was in the care, custody, or69
control of a person other than the owner shall be established by70
sending a copy of such written rental or lease agreement or71
affidavit to the prosecuting authority within thirty days from the 72
date of receipt by the owner of the notice of violation. The73
furnishing of a copy of a written rental or lease agreement or74
affidavit shall be prima-facie evidence that a vehicle was in the75
care, custody, or control of a person other than the owner.76

       (C) This section does not apply to a violation of an77
ordinance, resolution, or regulation enacted under division (A)(1)78
of section 4511.07 of the Revised Code if the ordinance,79
resolution, or regulation is one that is required to be enforced80
in compliance with Chapter 4521. of the Revised Code.81

       Sec. 4511.22.  (A) No person shall stop or operate a vehicle, 82
trackless trolley, or street car at such aan unreasonably slow 83
speed as to impede or block the normal and reasonable movement of 84
traffic, except when stopping or reduced speed is necessary for 85
safe operation or to comply with law.86

       (B) Whenever the director of transportation or local87
authorities determine on the basis of an engineering and traffic88
investigation that slow speeds on any part of a controlled-access89
highway, expressway, or freeway consistently impede the normal and90
reasonable movement of traffic, the director or such local91
authority may declare a minimum speed limit below which no person92
shall operate a motor vehicle, trackless trolley, or street car93
except when necessary for safe operation or in compliance with94
law. No minimum speed limit established hereunder shall be less95
than thirty miles per hour, greater than fifty miles per hour, nor96
effective until the provisions of section 4511.21 of the Revised97
Code, relating to appropriate signs, have been fulfilled and local98
authorities have obtained the approval of the director.99

       (C) In a case involving a violation of this section, the 100
trier of fact, in determining whether the vehicle was being 101
operated at an unreasonably slow speed, shall consider the 102
capabilities of the vehicle and its operator.103

       (D) Except as otherwise provided in this division, whoever104
violates this section is guilty of a minor misdemeanor. If, within 105
one year of the offense, the offender previously has been106
convicted of or pleaded guilty to one predicate motor vehicle or107
traffic offense, whoever violates this section is guilty of a108
misdemeanor of the fourth degree. If, within one year of the109
offense, the offender previously has been convicted of two or more110
predicate motor vehicle or traffic offenses, whoever violates this111
section is guilty of a misdemeanor of the third degree.112

       Sec. 4511.25.  (A) Upon all roadways of sufficient width, a113
vehicle or trackless trolley shall be driven upon the right half114
of the roadway, except as follows:115

       (1) When overtaking and passing another vehicle proceeding in 116
the same direction, or when making a left turn under the rules117
governing such movements;118

       (2) When an obstruction exists making it necessary to drive119
to the left of the center of the highway; provided, any person so120
doing shall yield the right of way to all vehicles traveling in121
the proper direction upon the unobstructed portion of the highway122
within such distance as to constitute an immediate hazard;123

       (3) When driving upon a roadway divided into three or more124
marked lanes for traffic under the rules applicable thereon;125

       (4) When driving upon a roadway designated and posted with126
signs for one-way traffic;127

       (5) When otherwise directed by a police officer or traffic128
control device.129

       (B)(1) Upon all roadways any vehicle or trackless trolley130
proceeding at less than the normalprevailing and lawful speed of 131
traffic at the time and place and under the conditions then 132
existing shall be driven in the right-hand lane then available for 133
traffic, or as close as practicableand far enough to the 134
right-hand curb or edge of the roadway, except whenright to allow 135
passing by faster vehicles if such passing is safe and reasonable, 136
except under any of the following circumstances:137

       (a) When overtaking and passing another vehicle or trackless 138
trolley proceeding in the same direction or when;139

       (b) When preparing for a left turn;140

       (c) When the driver must necessarily drive in a lane other 141
than the right-hand lane to continue on the driver's intended 142
route.143

       (2) Nothing in division (B)(1) of this section requires a 144
driver of a slower vehicle to compromise the driver's safety to 145
allow overtaking by a faster vehicle.146

       (C) Upon any roadway having four or more lanes for moving147
traffic and providing for two-way movement of traffic, no vehicle148
or trackless trolley shall be driven to the left of the center149
line of the roadway, except when authorized by official traffic150
control devices designating certain lanes to the left of the151
center of the roadway for use by traffic not otherwise permitted152
to use the lanes, or except as permitted under division (A)(2) of153
this section.154

       This division shall not be construed as prohibiting the155
crossing of the center line in making a left turn into or from an156
alley, private road, or driveway.157

       (D) Except as otherwise provided in this division, whoever158
violates this section is guilty of a minor misdemeanor. If, within 159
one year of the offense, the offender previously has been160
convicted of or pleaded guilty to one predicate motor vehicle or161
traffic offense, whoever violates this section is guilty of a162
misdemeanor of the fourth degree. If, within one year of the163
offense, the offender previously has been convicted of two or more164
predicate motor vehicle or traffic offenses, whoever violates this165
section is guilty of a misdemeanor of the third degree.166

       Sec. 4511.31.  (A) The department of transportation may167
determine those portions of any state highway where overtaking and168
passing other traffic or driving to the left of the center or169
center line of the roadway would be especially hazardous and may,170
by appropriate signs or markings on the highway, indicate the171
beginning and end of such zones. When such signs or markings are172
in place and clearly visible, every operator of a vehicle or173
trackless trolley shall obey the directions of the signs or174
markings, notwithstanding the distances set out in section 4511.30175
of the Revised Code.176

       (B) Division (A) of this section does not apply when all of 177
the following apply:178

       (1) The slower vehicle is proceeding at less than half the 179
speed of the speed limit applicable to that location.180

       (2) The faster vehicle is capable of overtaking and passing 181
the slower vehicle without exceeding the speed limit.182

       (3) There is sufficient clear sight distance to the left of 183
the center or center line of the roadway to meet the overtaking 184
and passing provisions of section 4511.29 of the Revised Code, 185
considering the speed of the slower vehicle.186

       (C) Except as otherwise provided in this division, whoever187
violates this section is guilty of a minor misdemeanor. If, within 188
one year of the offense, the offender previously has been189
convicted of or pleaded guilty to one predicate motor vehicle or190
traffic offense, whoever violates this section is guilty of a191
misdemeanor of the fourth degree. If, within one year of the192
offense, the offender previously has been convicted of two or more193
predicate motor vehicle or traffic offenses, whoever violates this194
section is guilty of a misdemeanor of the third degree.195

       Sec. 4511.39.  (A) No person shall turn a vehicle or196
trackless trolley or move right or left upon a highway unless and197
until such person has exercised due care to ascertain that the198
movement can be made with reasonable safety nor without giving an199
appropriate signal in the manner hereinafter provided.200

       When required, a signal of intention to turn or move right or201
left shall be given continuously during not less than the last one202
hundred feet traveled by the vehicle or trackless trolley before203
turning, except that in the case of a person operating a bicycle, 204
the signal shall be made not less than one time but is not 205
required to be continuous. A bicycle operator is not required to 206
make a signal if the bicycle is in a designated turn lane, and a 207
signal shall not be given when the operator's hands are needed for 208
the safe operation of the bicycle.209

       No person shall stop or suddenly decrease the speed of a210
vehicle or trackless trolley without first giving an appropriate211
signal in the manner provided herein to the driver of any vehicle212
or trackless trolley immediately to the rear when there is213
opportunity to give a signal.214

       Any stop or turn signal required by this section shall be215
given either by means of the hand and arm, or by signal lights216
that clearly indicate to both approaching and following traffic217
intention to turn or move right or left, except that any motor218
vehicle in use on a highway shall be equipped with, and the219
required signal shall be given by, signal lights when the distance220
from the center of the top of the steering post to the left221
outside limit of the body, cab, or load of such motor vehicle222
exceeds twenty-four inches, or when the distance from the center223
of the top of the steering post to the rear limit of the body or224
load thereof exceeds fourteen feet, whether a single vehicle or a225
combination of vehicles.226

       The signal lights required by this section shall not be227
flashed on one side only on a disabled vehicle or trackless228
trolley, flashed as a courtesy or "do pass" signal to operators of229
other vehicles or trackless trolleys approaching from the rear,230
nor be flashed on one side only of a parked vehicle or trackless231
trolley except as may be necessary for compliance with this232
section.233

       (B) Except as otherwise provided in this division, whoever234
violates this section is guilty of a minor misdemeanor. If, within 235
one year of the offense, the offender previously has been236
convicted of or pleaded guilty to one predicate motor vehicle or237
traffic offense, whoever violates this section is guilty of a238
misdemeanor of the fourth degree. If, within one year of the239
offense, the offender previously has been convicted of two or more240
predicate motor vehicle or traffic offenses, whoever violates this241
section is guilty of a misdemeanor of the third degree.242

       Sec. 4511.52. (A) Sections 4511.01 to 4511.78, inclusive,243
4511.99, and 4513.01 to 4513.37, inclusive, of the Revised Code 244
whichthat are applicable to bicycles apply whenever a bicycle is 245
operated upon any highway or upon any path set aside for the 246
exclusive use of bicycles.247

       (B) Except as provided in division (D) of this section, a 248
bicycle operator who violates any section of the Revised Code 249
described in division (A) of this section that is applicable to 250
bicycles may be issued a ticket, citation, or summons by a law 251
enforcement officer for the violation in the same manner as the 252
operator of a motor vehicle would be cited for the same violation. 253
A person who commits any such violation while operating a bicycle 254
shall not have any points assessed against the person's driver's 255
license, commercial driver's license, temporary instruction 256
permit, or probationary license under section 4510.036 of the 257
Revised Code.258

       (C) Except as provided in division (D) of this section, in 259
the case of a violation of any section of the Revised Code 260
described in division (A) of this section by a bicycle operator or 261
by a motor vehicle operator when the trier of fact finds that the 262
violation by the motor vehicle operator endangered the lives of 263
bicycle riders at the time of the violation, the court, 264
notwithstanding any provision of the Revised Code to the contrary, 265
may require the bicycle operator or motor vehicle operator to take 266
and successfully complete a bicycling skills course approved by 267
the court in addition to or in lieu of any penalty otherwise 268
prescribed by the Revised Code for that violation.269

       (D) Divisions (B) and (C) of this section do not apply to 270
violations of section 4511.19 of the Revised Code.271

       Sec. 4511.53.  (A) For purposes of this section, "snowmobile"272
has the same meaning as given that term in section 4519.01 of the273
Revised Code.274

       (B) A person operating a bicycle or motorcycle shall not ride275
other than upon or astride the permanent and regular seat attached276
thereto, and a person operating a motorcycle shall not ride other 277
than upon the permanent and regular seat attached thereto, nor 278
carry any other person upon such bicycle or motorcycle other than 279
upon a firmly attached and regular seat thereon, nor shall any 280
person ride upon a bicycle or motorcycle other than upon such a 281
firmly attached and regular seat.282

       A person shall ride upon a motorcycle only while sitting283
astride the seat, facing forward, with one leg on each side of the284
motorcycle.285

       No person operating a bicycle shall carry any package,286
bundle, or article that prevents the driver from keeping at least287
one hand upon the handle bars.288

       No bicycle or motorcycle shall be used to carry more persons289
at one time than the number for which it is designed and equipped,290
nor shall any motorcycle be operated on a highway when the handle291
bars or grips are more than fifteen inches higher than the seat or292
saddle for the operator.293

       No person shall operate or be a passenger on a snowmobile or294
motorcycle without using safety glasses or other protective eye295
device. No person who is under the age of eighteen years, or who296
holds a motorcycle operator's endorsement or license bearing a297
"novice" designation that is currently in effect as provided in298
section 4507.13 of the Revised Code, shall operate a motorcycle on299
a highway, or be a passenger on a motorcycle, unless wearing a300
protective helmet on the person's head, and no other person shall301
be a passenger on a motorcycle operated by such a person unless302
similarly wearing a protective helmet. The helmet, safety glasses, 303
or other protective eye device shall conform with regulations 304
prescribed and promulgated by the director of public safety. The 305
provisions of this paragraph or a violation thereof shall not be 306
used in the trial of any civil action.307

       (C) Nothing in this section shall be construed as prohibiting 308
the carrying of a child in a seat or trailer that is designed for 309
carrying children and is firmly attached to the bicycle.310

       (D) Except as otherwise provided in this division, whoever311
violates this section is guilty of a minor misdemeanor. If, within 312
one year of the offense, the offender previously has been313
convicted of or pleaded guilty to one predicate motor vehicle or314
traffic offense, whoever violates this section is guilty of a315
misdemeanor of the fourth degree. If, within one year of the316
offense, the offender previously has been convicted of two or more317
predicate motor vehicle or traffic offenses, whoever violates this318
section is guilty of a misdemeanor of the third degree.319

       Sec. 4511.55.  (A) Every person operating a bicycle upon a320
roadway shall ride as near to the right side of the roadway as321
practicable obeying all traffic rules applicable to vehicles and322
exercising due care when passing a standing vehicle or one323
proceeding in the same direction.324

       (B) Persons riding bicycles or motorcycles upon a roadway325
shall ride not more than two abreast in a single lane, except on326
paths or parts of roadways set aside for the exclusive use of327
bicycles or motorcycles.328

       (C) This section does not require a person operating a 329
bicycle to ride at the edge of the roadway when it is unreasonable 330
or unsafe to do so. Conditions that may require riding away from 331
the edge of the roadway include when necessary to avoid fixed or 332
moving objects, parked or moving vehicles, surface hazards, or if 333
it otherwise is unsafe or impracticable to do so, including if the 334
lane is too narrow for the bicycle and an overtaking vehicle to 335
travel safely side by side within the lane.336

       (D) Except as otherwise provided in this division, whoever337
violates this section is guilty of a minor misdemeanor. If, within 338
one year of the offense, the offender previously has been339
convicted of or pleaded guilty to one predicate motor vehicle or340
traffic offense, whoever violates this section is guilty of a341
misdemeanor of the fourth degree. If, within one year of the342
offense, the offender previously has been convicted of two or more343
predicate motor vehicle or traffic offenses, whoever violates this344
section is guilty of a misdemeanor of the third degree.345

       Sec. 4511.56.  (A) Every bicycle when in use at the times346
specified in section 4513.03 of the Revised Code, shall be347
equipped with the following:348

       (1) A lamp mounted on the front of either the bicycle or the 349
operator that shall emit a white light visible from a distance of 350
at least five hundred feet to the front;and three hundred feet to 351
the sides. A generator-powered lamp that emits light only when the 352
bicycle is moving may be used to meet this requirement.353

       (2) A red reflector on the rear of a type approved by the354
director of public safety that shall be visible from all distances355
from one hundred feet to six hundred feet to the rear when356
directly in front of lawful lower beams of head lamps on a motor357
vehicle;358

       (3) A lamp emitting aeither flashing or steady red light 359
visible from a distance of five hundred feet to the rear shall be 360
used in addition to the red reflector;361

       (4) An essentially colorless reflector on the front of a type 362
approved by the director;363

       (5) Either with tires with retroreflective sidewalls or with364
an essentially colorless or amber reflector mounted on the spokes365
of the front wheel and an essentially colorless or red reflector366
mounted on the spokes of the rear wheel. Each reflector shall be367
visible on each side of the wheel from a distance of six hundred368
feet when directly in front of lawful lower beams of head. If the 369
red lamp performs as a reflector in that it is visible as 370
specified in division (A)(2) of this section, the red lamp may 371
serve as the reflector and a separate reflector is not required.372

       (B) Additional lamps on a motor vehicle. Retroreflective373
tires orand reflectors may be used in addition to those required 374
under division (A) of this section, except that red lamps and red 375
reflectors shall not be used on the front of the bicycle and white 376
lamps and white reflectors shall not be used on the rear of a type 377
approved by the directorbicycle.378

       (B) No person shall operate a(C) A bicycle unless it ismay 379
be equipped with a bell or other device capable of giving a signal380
an audible for a distance of at least one hundred feetsignal, 381
except that a bicycle shall not be equipped with nor shall any 382
person use upon a bicycle any siren or whistle.383

       (C)(D) Every bicycle shall be equipped with an adequate brake384
when used on a street or highway.385

       (D)(E) Except as otherwise provided in this division, whoever386
violates this section is guilty of a minor misdemeanor. If, within 387
one year of the offense, the offender previously has been388
convicted of or pleaded guilty to one predicate motor vehicle or389
traffic offense, whoever violates this section is guilty of a390
misdemeanor of the fourth degree. If, within one year of the391
offense, the offender previously has been convicted of two or more392
predicate motor vehicle or traffic offenses, whoever violates this393
section is guilty of a misdemeanor of the third degree.394

       Sec. 4511.711.  (A) No person shall drive any vehicle, other395
than a bicycle, upon a sidewalk or sidewalk area except upon a396
permanent or duly authorized temporary driveway.397

       Nothing in this section shall be construed as prohibiting398
local authorities from regulating the operation of bicycles within399
their respective jurisdictions, except that no local authority may 400
require that bicycles be operated on sidewalks.401

       (B) Except as otherwise provided in this division, whoever402
violates this section is guilty of a minor misdemeanor. If, within 403
one year of the offense, the offender previously has been404
convicted of or pleaded guilty to one predicate motor vehicle or405
traffic offense, whoever violates this section is guilty of a406
misdemeanor of the fourth degree. If, within one year of the407
offense, the offender previously has been convicted of two or more408
predicate motor vehicle or traffic offenses, whoever violates this409
section is guilty of a misdemeanor of the third degree.410

       Section 2. That existing sections 4511.07, 4511.071, 4511.22, 411
4511.25, 4511.31, 4511.39, 4511.52, 4511.53, 4511.55, 4511.56, and 412
4511.711 of the Revised Code are hereby repealed.413