As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 102


Representative Uecker 

Cosponsors: Representatives Peterson, Harwood, Bubp, Webster, Setzer, Evans, Garrison, Collier, Bacon, Flowers, Stebelton, White, Wagoner 


A BILL
To amend section 4511.21 of the Revised Code to 1
establish procedures for a board of township 2
trustees to alter the prima-facie speed limit on 3
any township road and to require the Department of 4
Transportation to establish speed transition zones 5
on state highways at locations where the posted 6
speed limit decreases by 20 or more miles per 7
hour.8


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

       Section 1. That section 4511.21 of the Revised Code be 9
amended to read as follows:10

       Sec. 4511.21.  (A) No person shall operate a motor vehicle,11
trackless trolley, or streetcar at a speed greater or less than is12
reasonable or proper, having due regard to the traffic, surface,13
and width of the street or highway and any other conditions, and14
no person shall drive any motor vehicle, trackless trolley, or15
streetcar in and upon any street or highway at a greater speed16
than will permit the person to bring it to a stop within the17
assured clear distance ahead.18

       (B) It is prima-facie lawful, in the absence of a lower limit 19
declared or established pursuant to this section by the director 20
of transportation or local authorities, for the operator of a 21
motor vehicle, trackless trolley, or streetcar to operate the same 22
at a speed not exceeding the following:23

       (1)(a) Twenty miles per hour in school zones during school24
recess and while children are going to or leaving school during25
the opening or closing hours, and when twenty miles per hour26
school speed limit signs are erected; except that, on27
controlled-access highways and expressways, if the right-of-way28
line fence has been erected without pedestrian opening, the speed29
shall be governed by division (B)(4) of this section and on30
freeways, if the right-of-way line fence has been erected without31
pedestrian opening, the speed shall be governed by divisions32
(B)(9) and (10) of this section. The end of every school zone may33
be marked by a sign indicating the end of the zone. Nothing in34
this section or in the manual and specifications for a uniform35
system of traffic control devices shall be construed to require36
school zones to be indicated by signs equipped with flashing or37
other lights, or giving other special notice of the hours in which38
the school zone speed limit is in effect.39

       (b) As used in this section and in section 4511.212 of the40
Revised Code, "school" means any school chartered under section41
3301.16 of the Revised Code and any nonchartered school that42
during the preceding year filed with the department of education43
in compliance with rule 3301-35-08 of the Ohio Administrative44
Code, a copy of the school's report for the parents of the45
school's pupils certifying that the school meets Ohio minimum46
standards for nonchartered, nontax-supported schools and presents47
evidence of this filing to the jurisdiction from which it is48
requesting the establishment of a school zone.49

       (c) As used in this section, "school zone" means that portion 50
of a street or highway passing a school fronting upon the street 51
or highway that is encompassed by projecting the school property 52
lines to the fronting street or highway, and also includes that 53
portion of a state highway. Upon request from local authorities 54
for streets and highways under their jurisdiction and that portion 55
of a state highway under the jurisdiction of the director of 56
transportation, the director may extend the traditional school 57
zone boundaries. The distances in divisions (B)(1)(c)(i), (ii), 58
and (iii) of this section shall not exceed three hundred feet per 59
approach per direction and are bounded by whichever of the 60
following distances or combinations thereof the director approves 61
as most appropriate:62

       (i) The distance encompassed by projecting the school63
building lines normal to the fronting highway and extending a64
distance of three hundred feet on each approach direction;65

       (ii) The distance encompassed by projecting the school66
property lines intersecting the fronting highway and extending a67
distance of three hundred feet on each approach direction;68

       (iii) The distance encompassed by the special marking of the69
pavement for a principal school pupil crosswalk plus a distance of70
three hundred feet on each approach direction of the highway.71

       Nothing in this section shall be construed to invalidate the72
director's initial action on August 9, 1976, establishing all73
school zones at the traditional school zone boundaries defined by74
projecting school property lines, except when those boundaries are75
extended as provided in divisions (B)(1)(a) and (c) of this76
section.77

       (d) As used in this division, "crosswalk" has the meaning78
given that term in division (LL)(2) of section 4511.01 of the79
Revised Code.80

       The director may, upon request by resolution of the81
legislative authority of a municipal corporation, the board of82
trustees of a township, or a county board of mental retardation83
and developmental disabilities created pursuant to Chapter 5126.84
of the Revised Code, and upon submission by the municipal85
corporation, township, or county board of such engineering,86
traffic, and other information as the director considers87
necessary, designate a school zone on any portion of a state route88
lying within the municipal corporation, lying within the89
unincorporated territory of the township, or lying adjacent to the90
property of a school that is operated by such county board, that91
includes a crosswalk customarily used by children going to or92
leaving a school during recess and opening and closing hours,93
whenever the distance, as measured in a straight line, from the94
school property line nearest the crosswalk to the nearest point of95
the crosswalk is no more than one thousand three hundred twenty96
feet. Such a school zone shall include the distance encompassed by 97
the crosswalk and extending three hundred feet on each approach98
direction of the state route.99

       (2) Twenty-five miles per hour in all other portions of a100
municipal corporation, except on state routes outside business101
districts, through highways outside business districts, and102
alleys;103

       (3) Thirty-five miles per hour on all state routes or through 104
highways within municipal corporations outside business districts, 105
except as provided in divisions (B)(4) and (6) of this section;106

       (4) Fifty miles per hour on controlled-access highways and107
expressways within municipal corporations;108

       (5) Fifty-five miles per hour on highways outside municipal 109
corporations, other than highways within island jurisdictions as 110
provided in division (B)(8) of this section and freeways as 111
provided in division (B)(13) of this section;112

       (6) Fifty miles per hour on state routes within municipal113
corporations outside urban districts unless a lower prima-facie114
speed is established as further provided in this section;115

       (7) Fifteen miles per hour on all alleys within the municipal 116
corporation;117

       (8) Thirty-five miles per hour on highways outside municipal 118
corporations that are within an island jurisdiction;119

       (9) Fifty-five miles per hour at all times on freeways with120
paved shoulders inside municipal corporations, other than freeways121
as provided in division (B)(13) of this section;122

       (10) Fifty-five miles per hour at all times on freeways123
outside municipal corporations, other than freeways as provided in124
division (B)(13) of this section;125

       (11) Fifty-five miles per hour at all times on all portions126
of freeways that are part of the interstate system and on all127
portions of freeways that are not part of the interstate system,128
but are built to the standards and specifications that are129
applicable to freeways that are part of the interstate system for130
operators of any motor vehicle weighing in excess of eight131
thousand pounds empty weight and any noncommercial bus;132

       (12) Fifty-five miles per hour for operators of any motor133
vehicle weighing eight thousand pounds or less empty weight and134
any commercial bus at all times on all portions of freeways that135
are part of the interstate system and that had such a speed limit136
established prior to October 1, 1995, and freeways that are not137
part of the interstate system, but are built to the standards and138
specifications that are applicable to freeways that are part of139
the interstate system and that had such a speed limit established140
prior to October 1, 1995, unless a higher speed limit is141
established under division (L) of this section;142

       (13) Sixty-five miles per hour for operators of any motor143
vehicle weighing eight thousand pounds or less empty weight and144
any commercial bus at all times on all portions of the following:145

       (a) Freeways that are part of the interstate system and that146
had such a speed limit established prior to October 1, 1995, and147
freeways that are not part of the interstate system, but are built148
to the standards and specifications that are applicable to149
freeways that are part of the interstate system and that had such150
a speed limit established prior to October 1, 1995;151

       (b) Freeways that are part of the interstate system and152
freeways that are not part of the interstate system but are built153
to the standards and specifications that are applicable to154
freeways that are part of the interstate system, and that had such155
a speed limit established under division (L) of this section;156

       (c) Rural, divided, multi-lane highways that are designated157
as part of the national highway system under the "National Highway158
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,159
and that had such a speed limit established under division (M) of160
this section.161

       (C) It is prima-facie unlawful for any person to exceed any162
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),163
(6), (7), and (8) of this section, or any declared or established164
pursuant to this section by the director or local authorities and 165
it is unlawful for any person to exceed any of the speed166
limitations in division (D) of this section. No person shall be 167
convicted of more than one violation of this section for the same 168
conduct, although violations of more than one provision of this 169
section may be charged in the alternative in a single affidavit.170

       (D) No person shall operate a motor vehicle, trackless171
trolley, or streetcar upon a street or highway as follows:172

       (1) At a speed exceeding fifty-five miles per hour, except173
upon a freeway as provided in division (B)(13) of this section;174

       (2) At a speed exceeding sixty-five miles per hour upon a175
freeway as provided in division (B)(13) of this section except as176
otherwise provided in division (D)(3) of this section;177

       (3) If a motor vehicle weighing in excess of eight thousand178
pounds empty weight or a noncommercial bus as prescribed in179
division (B)(11) of this section, at a speed exceeding fifty-five180
miles per hour upon a freeway as provided in that division;181

       (4) At a speed exceeding the posted speed limit upon a182
freeway for which the director has determined and declared a speed183
limit of not more than sixty-five miles per hour pursuant to184
division (L)(2) or (M) of this section;185

       (5) At a speed exceeding sixty-five miles per hour upon a186
freeway for which such a speed limit has been established through187
the operation of division (L)(3) of this section;188

       (6) At a speed exceeding the posted speed limit upon a189
freeway for which the director has determined and declared a speed190
limit pursuant to division (I)(2) of this section.191

       (E) In every charge of violation of this section the192
affidavit and warrant shall specify the time, place, and speed at193
which the defendant is alleged to have driven, and in charges made194
in reliance upon division (C) of this section also the speed which195
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit196
declared or established pursuant to, this section declares or 197
establishes is prima-facie lawful at the time and place of such 198
alleged violation, except that in affidavits where a person is 199
alleged to have driven at a greater speed than will permit the 200
person to bring the vehicle to a stop within the assured clear 201
distance ahead the affidavit and warrant need not specify the 202
speed at which the defendant is alleged to have driven.203

       (F) When a speed in excess of both a prima-facie limitation204
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of205
this section is alleged, the defendant shall be charged in a206
single affidavit, alleging a single act, with a violation207
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or 208
(8) of this section, or of a limit declared or established209
pursuant to this section by the director or local authorities, and 210
of the limitation in division (D)(1), (2), (3), (4), (5), or (6) 211
of this section. If the court finds a violation of division 212
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared 213
or established pursuant to, this section has occurred, it shall 214
enter a judgment of conviction under such division and dismiss the 215
charge under division (D)(1), (2), (3), (4), (5), or (6) of this 216
section. If it finds no violation of division (B)(1)(a), (2), (3), 217
(4), (6), (7), or (8) of, or a limit declared or established218
pursuant to, this section, it shall then consider whether the 219
evidence supports a conviction under division (D)(1), (2), (3), 220
(4), (5), or (6) of this section.221

       (G) Points shall be assessed for violation of a limitation222
under division (D) of this section in accordance with section223
4510.036 of the Revised Code.224

       (H) Whenever the director determines upon the basis of a225
geometric and traffic characteristic study that any speed limit226
set forth in divisions (B)(1)(a) to (D) of this section is greater227
or less than is reasonable or safe under the conditions found to228
exist at any portion of a street or highway under the jurisdiction229
of the director, the director shall determine and declare a230
reasonable and safe prima-facie speed limit, which shall be231
effective when appropriate signs giving notice of it are erected232
at the location.233

       (I)(1) Except as provided in divisions (I)(2) and (K) of this 234
section, whenever local authorities determine upon the basis of an235
engineering and traffic investigation that the speed permitted by236
divisions (B)(1)(a) to (D) of this section, on any part of a237
highway under their jurisdiction, is greater than is reasonable238
and safe under the conditions found to exist at such location, the 239
local authorities may by resolution request the director to240
determine and declare a reasonable and safe prima-facie speed241
limit. Upon receipt of such request the director may determine and 242
declare a reasonable and safe prima-facie speed limit at such243
location, and if the director does so, then such declared speed244
limit shall become effective only when appropriate signs giving245
notice thereof are erected at such location by the local246
authorities. The director may withdraw the declaration of a247
prima-facie speed limit whenever in the director's opinion the 248
altered prima-facie speed becomes unreasonable. Upon such 249
withdrawal, the declared prima-facie speed shall become 250
ineffective and the signs relating thereto shall be immediately 251
removed by the local authorities.252

       (2) A local authority may determine on the basis of a253
geometric and traffic characteristic study that the speed limit of254
sixty-five miles per hour on a portion of a freeway under its255
jurisdiction that was established through the operation of256
division (L)(3) of this section is greater than is reasonable or257
safe under the conditions found to exist at that portion of the258
freeway. If the local authority makes such a determination, the259
local authority by resolution may request the director to260
determine and declare a reasonable and safe speed limit of not261
less than fifty-five miles per hour for that portion of the262
freeway. If the director takes such action, the declared speed263
limit becomes effective only when appropriate signs giving notice264
of it are erected at such location by the local authority.265

       (J) Local authorities in their respective jurisdictions may266
authorize by ordinance higher prima-facie speeds than those stated267
in this section upon through highways, or upon highways or268
portions thereof where there are no intersections, or between269
widely spaced intersections, provided signs are erected giving270
notice of the authorized speed, but local authorities shall not271
modify or alter the basic rule set forth in division (A) of this272
section or in any event authorize by ordinance a speed in excess273
of fifty miles per hour.274

       Alteration of prima-facie limits on state routes by local275
authorities shall not be effective until the alteration has been276
approved by the director. The director may withdraw approval of277
any altered prima-facie speed limits whenever in the director's278
opinion any altered prima-facie speed becomes unreasonable, and279
upon such withdrawal, the altered prima-facie speed shall become280
ineffective and the signs relating thereto shall be immediately281
removed by the local authorities.282

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of this 283
section, "unimproved highway" means a highway consisting of any of 284
the following:285

       (a) Unimproved earth;286

       (b) Unimproved graded and drained earth;287

       (c) Gravel.288

       (2) Except as otherwise provided in divisions (K)(4) and (5)289
of this section, whenever(a) Whenever a board of township 290
trustees determines upon the basis of an engineering and traffic291
investigation that the speed permitted by division (B)(5) of this292
section on any part of an unimproveda highway under its293
jurisdiction and in the unincorporated territory of the township294
is greater or less than is reasonable or safe under the conditions 295
found to exist at the location, the board may by resolution 296
declare a reasonable and safe prima-facie speed limit of 297
fifty-five but not less than twenty-five miles per hour. An 298
altered speed limit adopted by a board of township trustees under 299
this division (K) of this section becomes effective when 300
appropriate traffic control devices, as prescribed in section301
4511.11 of the Revised Code, giving notice thereof are erected at302
the location, which shall be no sooner than sixty days after303
adoption of the resolution.304

       (3)(a)(b)(i) Whenever, in the opinion of a board of township305
trustees, any altered prima-facie speed limit established by the306
board under this division (K) of this section becomes 307
unreasonable, the board may adopt a resolution withdrawing the 308
altered prima-facie speed limit. Upon the adoption of such a 309
resolution, the altered prima-facie speed limit becomes 310
ineffective and the traffic control devices relating thereto shall 311
be immediately removed.312

       (b) Whenever a highway ceases to be(ii) In the case of an 313
unimproved highway andfor which the board has adopted an altered 314
prima-facie speed limit pursuant to division (K)(2) of this 315
section, the board shall, by resolution, withdraw the altered 316
prima-facie speed limit as soon as the highway ceases to be 317
unimproved. Upon the adoption of such a resolution, the altered 318
prima-facie speed limit becomes ineffective and the traffic 319
control devices relating thereto shall be immediately removed.320

       (4)(a)(2) If the boundary of two townships rests on the321
centerline of an unimproveda highway in unincorporated territory322
and both townships have jurisdiction over the highway, neither of323
the boards of township trustees of such townships may declare an324
altered prima-facie speed limit pursuant to division (K)(2) of325
this section on the part of the highway under their joint326
jurisdiction unless the boards of township trustees of both of the327
townships determine, upon the basis of an engineering and traffic328
investigation, that the speed permitted by division (B)(5) of this329
section is greater or less than is reasonable or safe under the 330
conditions found to exist at the location and both boards agree 331
upon a reasonable and safe prima-facie speed limit of less than332
fifty-five but not less than twenty-five miles per hour for that333
location. If both boards so agree, each shall follow the procedure 334
specified in division (K)(2)(1)(a) of this section for altering 335
the prima-facie speed limit on the highway. Except as otherwise 336
provided in division (K)(4)(b) of this section, noNo speed limit 337
altered pursuant to division (K)(4)(a)(2) of this section may be 338
withdrawn unless the boards of township trustees of both townships 339
determine that the altered prima-facie speed limit previously 340
adopted becomes unreasonable and each board adopts a resolution 341
withdrawing the altered prima-facie speed limit pursuant to the 342
procedure specified in division (K)(3)(a)(1)(b)(i) or (ii) of this343
section, as applicable.344

       (b) Whenever a highway described in division (K)(4)(a) of345
this section ceases to be an unimproved highway and two boards of346
township trustees have adopted an altered prima-facie speed limit347
pursuant to division (K)(4)(a) of this section, both boards shall,348
by resolution, withdraw the altered prima-facie speed limit as349
soon as the highway ceases to be unimproved. Upon the adoption of350
the resolution, the altered prima-facie speed limit becomes351
ineffective and the traffic control devices relating thereto shall352
be immediately removed.353

       (5) As used in division (K)(5) of this section:354

       (a) "Commercial subdivision" means any platted territory355
outside the limits of a municipal corporation and fronting a356
highway where, for a distance of three hundred feet or more, the357
frontage is improved with buildings in use for commercial358
purposes, or where the entire length of the highway is less than359
three hundred feet long and the frontage is improved with360
buildings in use for commercial purposes.361

       (b) "Residential subdivision" means any platted territory362
outside the limits of a municipal corporation and fronting a363
highway, where, for a distance of three hundred feet or more, the364
frontage is improved with residences or residences and buildings365
in use for business, or where the entire length of the highway is366
less than three hundred feet long and the frontage is improved367
with residences or residences and buildings in use for business.368

       Whenever a board of township trustees finds upon the basis of369
an engineering and traffic investigation that the prima-facie370
speed permitted by division (B)(5) of this section on any part of371
a highway under its jurisdiction that is located in a commercial372
or residential subdivision, except on highways or portions thereof373
at the entrances to which vehicular traffic from the majority of374
intersecting highways is required to yield the right-of-way to375
vehicles on such highways in obedience to stop or yield signs or376
traffic control signals, is greater than is reasonable and safe377
under the conditions found to exist at the location, the board may378
by resolution declare a reasonable and safe prima-facie speed379
limit of less than fifty-five but not less than twenty-five miles380
per hour at the location. An altered speed limit adopted by a381
board of township trustees under this division shall become382
effective when appropriate signs giving notice thereof are erected383
at the location by the township. Whenever, in the opinion of a384
board of township trustees, any altered prima-facie speed limit385
established by it under this division becomes unreasonable, it may386
adopt a resolution withdrawing the altered prima-facie speed, and387
upon such withdrawal, the altered prima-facie speed shall become388
ineffective, and the signs relating thereto shall be immediately389
removed by the township.390

       (3) Upon request of a board of township trustees, the county 391
engineer shall conduct the engineering and traffic investigation 392
required by division (K) of this section to alter a speed limit. 393
Upon concluding the investigation, the county engineer may make a 394
written recommendation of a reasonable and safe speed limit.395

       (L)(1) Within one hundred twenty days of February 29, 1996,396
the director of transportation, based upon a geometric and traffic397
characteristic study of a freeway that is part of the interstate398
system or that is not part of the interstate system, but is built399
to the standards and specifications that are applicable to400
freeways that are part of the interstate system, in consultation401
with the director of public safety and, if applicable, the local402
authority having jurisdiction over a portion of such freeway, may403
determine and declare that the speed limit of less than sixty-five404
miles per hour established on such freeway or portion of freeway405
either is reasonable and safe or is less than that which is406
reasonable and safe.407

       (2) If the established speed limit for such a freeway or408
portion of freeway is determined to be less than that which is409
reasonable and safe, the director of transportation, in410
consultation with the director of public safety and, if411
applicable, the local authority having jurisdiction over the412
portion of freeway, shall determine and declare a reasonable and413
safe speed limit of not more than sixty-five miles per hour for414
that freeway or portion of freeway.415

       The director of transportation or local authority having416
jurisdiction over the freeway or portion of freeway shall erect417
appropriate signs giving notice of the speed limit at such418
location within one hundred fifty days of February 29, 1996. Such419
speed limit becomes effective only when such signs are erected at420
the location.421

       (3) If, within one hundred twenty days of February 29, 1996, 422
the director of transportation does not make a determination and423
declaration of a reasonable and safe speed limit for a freeway or 424
portion of freeway that is part of the interstate system or that 425
is not part of the interstate system, but is built to the426
standards and specifications that are applicable to freeways that427
are part of the interstate system and that has a speed limit of428
less than sixty-five miles per hour, the speed limit on that429
freeway or portion of a freeway shall be sixty-five miles per430
hour. The director of transportation or local authority having431
jurisdiction over the freeway or portion of the freeway shall432
erect appropriate signs giving notice of the speed limit of433
sixty-five miles per hour at such location within one hundred434
fifty days of February 29, 1996. Such speed limit becomes435
effective only when such signs are erected at the location. A436
speed limit established through the operation of division (L)(3)437
of this section is subject to reduction under division (I)(2) of438
this section.439

       (M) Within three hundred sixty days after February 29, 1996, 440
the director of transportation, based upon a geometric and traffic 441
characteristic study of a rural, divided, multi-lane highway that 442
has been designated as part of the national highway system under 443
the "National Highway System Designation Act of 1995," 109 Stat. 444
568, 23 U.S.C.A. 103, in consultation with the director of public445
safety and, if applicable, the local authority having jurisdiction446
over a portion of the highway, may determine and declare that the447
speed limit of less than sixty-five miles per hour established on448
the highway or portion of highway either is reasonable and safe or449
is less than that which is reasonable and safe.450

       If the established speed limit for the highway or portion of451
highway is determined to be less than that which is reasonable and452
safe, the director of transportation, in consultation with the453
director of public safety and, if applicable, the local authority454
having jurisdiction over the portion of highway, shall determine455
and declare a reasonable and safe speed limit of not more than456
sixty-five miles per hour for that highway or portion of highway. 457
The director of transportation or local authority having458
jurisdiction over the highway or portion of highway shall erect459
appropriate signs giving notice of the speed limit at such460
location within three hundred ninety days after February 29, 1996. 461
The speed limit becomes effective only when such signs are erected 462
at the location.463

       (N)(1)(a) If the boundary of two local authorities rests on 464
the centerline of a highway and both authorities have jurisdiction 465
over the highway, the speed limit for the part of the highway 466
within their joint jurisdiction shall be either one of the 467
following as agreed to by both authorities:468

       (i) Either prima-facie speed limit permitted by division (B) 469
of this section;470

       (ii) An altered speed limit determined and posted in 471
accordance with this section.472

       (b) If the local authorities are unable to reach an 473
agreement, the speed limit shall remain as established and posted 474
under this section.475

       (2) Neither local authority may declare an altered 476
prima-facie speed limit pursuant to this section on the part of 477
the highway under their joint jurisdiction unless both of the 478
local authorities determine, upon the basis of an engineering and 479
traffic investigation, that the speed permitted by this section is 480
greater than is reasonable or safe under the conditions found to 481
exist at the location and both authorities agree upon a uniform 482
reasonable and safe prima-facie speed limit of less than 483
fifty-five but not less than twenty-five miles per hour for that 484
location. If both authorities so agree, each shall follow the 485
procedure specified in this section for altering the prima-facie 486
speed limit on the highway, and the speed limit for the part of 487
the highway within their joint jurisdiction shall be uniformly 488
altered. No altered speed limit may be withdrawn unless both local 489
authorities determine that the altered prima-facie speed limit 490
previously adopted becomes unreasonable and each adopts a 491
resolution withdrawing the altered prima-facie speed limit 492
pursuant to the procedure specified in this section.493

       (O) At any location on a state highway where the posted speed 494
limit decreases by twenty or more miles per hour, the director of 495
transportation shall establish a speed transition zone consisting, 496
at a minimum, of the preceding one thousand feet. The speed limit 497
for the speed transition zone shall be ten miles per hour more 498
than the speed limit to which the posted speed limit decreases by 499
twenty or more miles per hour. A reduced speed limit established 500
by the director pursuant to this division becomes effective when 501
the department of transportation erects appropriate signs giving 502
notice thereof on the state highway.503

       (P) As used in this section:504

       (1) "Interstate system" has the same meaning as in 23505
U.S.C.A. 101.506

       (2) "Commercial bus" means a motor vehicle designed for507
carrying more than nine passengers and used for the transportation508
of persons for compensation.509

       (3) "Noncommercial bus" includes but is not limited to a510
school bus or a motor vehicle operated solely for the511
transportation of persons associated with a charitable or512
nonprofit organization.513

       (4) "Unimproved highway" means a highway consisting of 514
unimproved earth, unimproved graded and drained earth, or gravel.515

       (P)(Q)(1) A violation of any provision of this section is one516
of the following:517

       (a) Except as otherwise provided in divisions (P)(Q)(1)(b),518
(1)(c), (2), and (3) of this section, a minor misdemeanor;519

       (b) If, within one year of the offense, the offender520
previously has been convicted of or pleaded guilty to two521
violations of any provision of this section or of any provision of522
a municipal ordinance that is substantially similar to any523
provision of this section, a misdemeanor of the fourth degree;524

       (c) If, within one year of the offense, the offender525
previously has been convicted of or pleaded guilty to three or526
more violations of any provision of this section or of any527
provision of a municipal ordinance that is substantially similar528
to any provision of this section, a misdemeanor of the third529
degree.530

       (2) If the offender has not previously been convicted of or531
pleaded guilty to a violation of any provision of this section or532
of any provision of a municipal ordinance that is substantially533
similar to this section and operated a motor vehicle faster than534
thirty-five miles an hour in a business district of a municipal535
corporation, faster than fifty miles an hour in other portions of536
a municipal corporation, or faster than thirty-five miles an hour537
in a school zone during recess or while children are going to or538
leaving school during the school's opening or closing hours, a539
misdemeanor of the fourth degree.540

       (3) Notwithstanding division (P)(Q)(1) of this section, if 541
the offender operated a motor vehicle in a construction zone where 542
a sign was then posted in accordance with section 4511.98 of the543
Revised Code, the court, in addition to all other penalties544
provided by law, shall impose upon the offender a fine of two545
times the usual amount imposed for the violation. No court shall546
impose a fine of two times the usual amount imposed for the547
violation upon an offender if the offender alleges, in an548
affidavit filed with the court prior to the offender's sentencing,549
that the offender is indigent and is unable to pay the fine550
imposed pursuant to this division and if the court determines that551
the offender is an indigent person and unable to pay the fine.552

       Section 2. That existing section 4511.21 of the Revised Code 553
is hereby repealed.554