As Passed by the House

126th General Assembly
Regular Session
2005-2006
Am. Sub. H. B. No. 56


Representatives Raussen, Seitz, Brinkman, McGregor, D. Evans, Fessler, Aslanides, Reidelbach, Gilb, Buehrer, Hood, Daniels, Taylor, Martin, Gibbs, Faber, Raga, Blessing, Schneider, Uecker, Bubp, J. Stewart, Schaffer, Webster, Key, Law, Widowfield, Calvert, Coley, Collier, Flowers, Hughes, T. Patton, Peterson, Seaver, Setzer, Trakas, Yates 



A BILL
To enact sections 4511.092 and 4511.093 of the 1
Revised Code to allow the use of a traffic law 2
photo-monitoring device to detect traffic law 3
violations only if a law enforcement officer is 4
present at the location of the device and issues 5
tickets at the time and location of the 6
violations, and to require the time period during 7
which traffic control signals display yellow 8
lights or yellow arrows to conform with the 9
applicable provisions of the Manual of Uniform 10
Traffic Control Devices.11


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

       Section 1.  That sections 4511.092 and 4511.093 of the 12
Revised Code be enacted to read as follows:13

       Sec. 4511.092. (A) As used in this section:14

        (1) "Law enforcement agency" means any law enforcement agency 15
of a local authority.16

        (2) "Law enforcement officer" means any law enforcement 17
officer employed by a law enforcement agency of a local authority.18

        (3) "Local authority" means a municipal corporation, county, 19
or township.20

        (4) "Traffic law photo-monitoring device" means an electronic 21
system consisting of a photographic, video, or electronic camera 22
and a means of sensing the presence of a motor vehicle that 23
automatically produces photographs, videotape, or digital images 24
of the vehicle, its operator, or its license plate.25

       (B) A local authority that authorizes the law enforcement 26
agency of that local authority to utilize a traffic law 27
photo-monitoring device within its boundaries to determine 28
compliance with, or to detect a violation of, a municipal 29
ordinance or any provision of the Revised Code that governs or 30
regulates the operation of motor vehicles shall provide that the 31
traffic law photo-monitoring device shall be so utilized and 32
operated for such purposes only when a law enforcement officer is 33
present at the location of the traffic law photo-monitoring device 34
and issues tickets, citations, or summonses at the time and 35
location of the traffic law violations.36

       (C) The state highway patrol shall not utilize a traffic law 37
photo-monitoring device to determine compliance with, or to detect 38
a violation of, any provision of the Revised Code that governs or 39
regulates the operation of motor vehicles unless a state highway 40
patrol trooper is present at the location of the traffic law 41
photo-monitoring device and issues tickets, citations, or 42
summonses at the time and location of the traffic law violations.43

       Sec. 4511.093.  The time period during which a traffic 44
control signal displays a yellow light or yellow arrow shall 45
conform with the provisions contained in the manual adopted by the 46
department of transportation pursuant to section 4511.09 of the 47
Revised Code governing the time of display of yellow lights and 48
yellow arrows by traffic control signals, and that time period 49
shall not be shorter than the time period prescribed by that 50
manual for intersections that are of the same type or have the 51
same characteristics as the intersection at which the traffic 52
control signal is located.53