As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 389

Representative Setzer 

Cosponsors: Representatives Flowers, Huffman, Webster, Stebelton, McGregor, J., Evans, Fessler 

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A BILL

To amend section 4511.21 of the Revised Code to

1

require the Director of Transportation or a local

2

authority with jurisdiction over a street or

3

highway to establish speed transition zones at

4

locations where a speed limit decreases by 20 or

5

more miles per hour.

6

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

Section 1. That section 4511.21 of the Revised Code be	7
amended to read as follows:	8

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	9
trackless trolley, or streetcar at a speed greater or less than is	10
reasonable or proper, having due regard to the traffic, surface,	11
and width of the street or highway and any other conditions, and	12
no person shall drive any motor vehicle, trackless trolley, or	13
streetcar in and upon any street or highway at a greater speed	14
than will permit the person to bring it to a stop within the	15
assured clear distance ahead.	16

(B) It is prima-facie lawful, in the absence of a lower limit	17
declared or established pursuant to this section by the director	18
of transportation or local authorities, for the operator of a	19
motor vehicle, trackless trolley, or streetcar to operate the same	20
at a speed not exceeding the following:	21

(1)(a) Twenty miles per hour in school zones during school	22
recess and while children are going to or leaving school during	23
the opening or closing hours, and when twenty miles per hour	24
school speed limit signs are erected; except that, on	25
controlled-access highways and expressways, if the right-of-way	26
line fence has been erected without pedestrian opening, the speed	27
shall be governed by division (B)(4) of this section and on	28
freeways, if the right-of-way line fence has been erected without	29
pedestrian opening, the speed shall be governed by divisions	30
(B)(9) and (10) of this section. The end of every school zone may	31
be marked by a sign indicating the end of the zone. Nothing in	32
this section or in the manual and specifications for a uniform	33
system of traffic control devices shall be construed to require	34
school zones to be indicated by signs equipped with flashing or	35
other lights, or giving other special notice of the hours in which	36
the school zone speed limit is in effect.	37

(b) As used in this section and in section 4511.212 of the	38
Revised Code, "school" means any school chartered under section	39
3301.16 of the Revised Code and any nonchartered school that	40
during the preceding year filed with the department of education	41
in compliance with rule 3301-35-08 of the Ohio Administrative	42
Code, a copy of the school's report for the parents of the	43
school's pupils certifying that the school meets Ohio minimum	44
standards for nonchartered, nontax-supported schools and presents	45
evidence of this filing to the jurisdiction from which it is	46
requesting the establishment of a school zone. "School" also	47
includes a special elementary school that in writing requests the	48
county engineer of the county in which the special elementary	49
school is located to create a school zone at the location of that	50
school. Upon receipt of such a written request, the county	51
engineer shall create a school zone at that location by erecting	52
the appropriate signs.	53

(c) As used in this section, "school zone" means that portion	54
of a street or highway passing a school fronting upon the street	55
or highway that is encompassed by projecting the school property	56
lines to the fronting street or highway, and also includes that	57
portion of a state highway. Upon request from local authorities	58
for streets and highways under their jurisdiction and that portion	59
of a state highway under the jurisdiction of the director of	60
transportation or a request from a county engineer in the case of	61
a school zone for a special elementary school, the director may	62
extend the traditional school zone boundaries. The distances in	63
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	64
exceed three hundred feet per approach per direction and are	65
bounded by whichever of the following distances or combinations	66
thereof the director approves as most appropriate:	67

(i) The distance encompassed by projecting the school	68
building lines normal to the fronting highway and extending a	69
distance of three hundred feet on each approach direction;	70

(ii) The distance encompassed by projecting the school	71
property lines intersecting the fronting highway and extending a	72
distance of three hundred feet on each approach direction;	73

(iii) The distance encompassed by the special marking of the	74
pavement for a principal school pupil crosswalk plus a distance of	75
three hundred feet on each approach direction of the highway.	76

Nothing in this section shall be construed to invalidate the	77
director's initial action on August 9, 1976, establishing all	78
school zones at the traditional school zone boundaries defined by	79
projecting school property lines, except when those boundaries are	80
extended as provided in divisions (B)(1)(a) and (c) of this	81
section.	82

(d) As used in this division, "crosswalk" has the meaning	83
given that term in division (LL)(2) of section 4511.01 of the	84
Revised Code.	85

The director may, upon request by resolution of the	86
legislative authority of a municipal corporation, the board of	87
trustees of a township, or a county board of mental retardation	88
and developmental disabilities created pursuant to Chapter 5126.	89
of the Revised Code, and upon submission by the municipal	90
corporation, township, or county board of such engineering,	91
traffic, and other information as the director considers	92
necessary, designate a school zone on any portion of a state route	93
lying within the municipal corporation, lying within the	94
unincorporated territory of the township, or lying adjacent to the	95
property of a school that is operated by such county board, that	96
includes a crosswalk customarily used by children going to or	97
leaving a school during recess and opening and closing hours,	98
whenever the distance, as measured in a straight line, from the	99
school property line nearest the crosswalk to the nearest point of	100
the crosswalk is no more than one thousand three hundred twenty	101
feet. Such a school zone shall include the distance encompassed by	102
the crosswalk and extending three hundred feet on each approach	103
direction of the state route.	104

(e) As used in this section, "special elementary school"	105
means a school that meets all of the following criteria:	106

(i) It is not chartered and does not receive tax revenue from	107
any source.	108

(ii) It does not educate children beyond the eighth grade.

109

(iii) It is located outside the limits of a municipal	110
corporation.	111

(iv) A majority of the total number of students enrolled at	112
the school are not related by blood.	113

(v) The principal or other person in charge of the special	114
elementary school annually sends a report to the superintendent of	115
the school district in which the special elementary school is	116
located indicating the total number of students enrolled at the	117
school, but otherwise the principal or other person in charge does	118
not report any other information or data to the superintendent.	119

(2) Twenty-five miles per hour in all other portions of a	120
municipal corporation, except on state routes outside business	121
districts, through highways outside business districts, and	122
alleys;	123

(3) Thirty-five miles per hour on all state routes or through	124
highways within municipal corporations outside business districts,	125
except as provided in divisions (B)(4) and (6) of this section;	126

(4) Fifty miles per hour on controlled-access highways and	127
expressways within municipal corporations;	128

(5) Fifty-five miles per hour on highways outside municipal	129
corporations, other than highways within island jurisdictions as	130
provided in division (B)(8) of this section and freeways as	131
provided in division (B)(13) of this section;	132

(6) Fifty miles per hour on state routes within municipal	133
corporations outside urban districts unless a lower prima-facie	134
speed is established as further provided in this section;	135

(7) Fifteen miles per hour on all alleys within the municipal	136
corporation;	137

(8) Thirty-five miles per hour on highways outside municipal	138
corporations that are within an island jurisdiction;	139

(9) Fifty-five miles per hour at all times on freeways with	140
paved shoulders inside municipal corporations, other than freeways	141
as provided in division (B)(13) of this section;	142

(10) Fifty-five miles per hour at all times on freeways	143
outside municipal corporations, other than freeways as provided in	144
division (B)(13) of this section;	145

(11) Fifty-five miles per hour at all times on all portions	146
of freeways that are part of the interstate system and on all	147
portions of freeways that are not part of the interstate system,	148
but are built to the standards and specifications that are	149
applicable to freeways that are part of the interstate system for	150
operators of any motor vehicle weighing in excess of eight	151
thousand pounds empty weight and any noncommercial bus;	152

(12) Fifty-five miles per hour for operators of any motor	153
vehicle weighing eight thousand pounds or less empty weight and	154
any commercial bus at all times on all portions of freeways that	155
are part of the interstate system and that had such a speed limit	156
established prior to October 1, 1995, and freeways that are not	157
part of the interstate system, but are built to the standards and	158
specifications that are applicable to freeways that are part of	159
the interstate system and that had such a speed limit established	160
prior to October 1, 1995, unless a higher speed limit is	161
established under division (L) of this section;	162

(13) Sixty-five miles per hour for operators of any motor	163
vehicle weighing eight thousand pounds or less empty weight and	164
any commercial bus at all times on all portions of the following:	165

(a) Freeways that are part of the interstate system and that	166
had such a speed limit established prior to October 1, 1995, and	167
freeways that are not part of the interstate system, but are built	168
to the standards and specifications that are applicable to	169
freeways that are part of the interstate system and that had such	170
a speed limit established prior to October 1, 1995;	171

(b) Freeways that are part of the interstate system and	172
freeways that are not part of the interstate system but are built	173
to the standards and specifications that are applicable to	174
freeways that are part of the interstate system, and that had such	175
a speed limit established under division (L) of this section;	176

(c) Rural, divided, multi-lane highways that are designated	177
as part of the national highway system under the "National Highway	178
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	179
and that had such a speed limit established under division (M) of	180
this section.	181

(C) It is prima-facie unlawful for any person to exceed any	182
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	183
(6), (7), and (8) of this section, or any declared pursuant to	184
this section by the director or local authorities and it is	185
unlawful for any person to exceed any of the speed limitations in	186
division (D) of this section. No person shall be convicted of more	187
than one violation of this section for the same conduct, although	188
violations of more than one provision of this section may be	189
charged in the alternative in a single affidavit.	190

(D) No person shall operate a motor vehicle, trackless	191
trolley, or streetcar upon a street or highway as follows:	192

(1) At a speed exceeding fifty-five miles per hour, except	193
upon a freeway as provided in division (B)(13) of this section;	194

(2) At a speed exceeding sixty-five miles per hour upon a	195
freeway as provided in division (B)(13) of this section except as	196
otherwise provided in division (D)(3) of this section;	197

(3) If a motor vehicle weighing in excess of eight thousand	198
pounds empty weight or a noncommercial bus as prescribed in	199
division (B)(11) of this section, at a speed exceeding fifty-five	200
miles per hour upon a freeway as provided in that division;	201

(4) At a speed exceeding the posted speed limit upon a	202
freeway for which the director has determined and declared a speed	203
limit of not more than sixty-five miles per hour pursuant to	204
division (L)(2) or (M) of this section;	205

(5) At a speed exceeding sixty-five miles per hour upon a	206
freeway for which such a speed limit has been established through	207
the operation of division (L)(3) of this section;	208

(6) At a speed exceeding the posted speed limit upon a	209
freeway for which the director has determined and declared a speed	210
limit pursuant to division (I)(2) of this section.	211

(E) In every charge of violation of this section the	212
affidavit and warrant shall specify the time, place, and speed at	213
which the defendant is alleged to have driven, and in charges made	214
in reliance upon division (C) of this section also the speed which	215
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	216
declared or established pursuant to, this section declares or	217
establishes is prima-facie lawful at the time and place of such	218
alleged violation, except that in affidavits where a person is	219
alleged to have driven at a greater speed than will permit the	220
person to bring the vehicle to a stop within the assured clear	221
distance ahead the affidavit and warrant need not specify the	222
speed at which the defendant is alleged to have driven.	223

(F) When a speed in excess of both a prima-facie limitation	224
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	225
this section is alleged, the defendant shall be charged in a	226
single affidavit, alleging a single act, with a violation	227
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	228
(8) of this section, or of a limit declared or established	229
pursuant to this section by the director or local authorities, and	230
of the limitation in division (D)(1), (2), (3), (4), (5), or (6)	231
of this section. If the court finds a violation of division	232
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	233
or established pursuant to, this section has occurred, it shall	234
enter a judgment of conviction under such division and dismiss the	235
charge under division (D)(1), (2), (3), (4), (5), or (6) of this	236
section. If it finds no violation of division (B)(1)(a), (2), (3),	237
(4), (6), (7), or (8) of, or a limit declared or established	238
pursuant to, this section, it shall then consider whether the	239
evidence supports a conviction under division (D)(1), (2), (3),	240
(4), (5), or (6) of this section.	241

(G) Points shall be assessed for violation of a limitation	242
under division (D) of this section in accordance with section	243
4510.036 of the Revised Code.	244

(H) Whenever the director determines upon the basis of a	245
geometric and traffic characteristic study that any speed limit	246
set forth in divisions (B)(1)(a) to (D) of this section is greater	247
or less than is reasonable or safe under the conditions found to	248
exist at any portion of a street or highway under the jurisdiction	249
of the director, the director shall determine and declare a	250
reasonable and safe prima-facie speed limit, which shall be	251
effective when appropriate signs giving notice of it are erected	252
at the location.	253

(I)(1) Except as provided in divisions (I)(2) and (K) of this	254
section, whenever local authorities determine upon the basis of an	255
engineering and traffic investigation that the speed permitted by	256
divisions (B)(1)(a) to (D) of this section, on any part of a	257
highway under their jurisdiction, is greater than is reasonable	258
and safe under the conditions found to exist at such location, the	259
local authorities may by resolution request the director to	260
determine and declare a reasonable and safe prima-facie speed	261
limit. Upon receipt of such request the director may determine and	262
declare a reasonable and safe prima-facie speed limit at such	263
location, and if the director does so, then such declared speed	264
limit shall become effective only when appropriate signs giving	265
notice thereof are erected at such location by the local	266
authorities. The director may withdraw the declaration of a	267
prima-facie speed limit whenever in the director's opinion the	268
altered prima-facie speed becomes unreasonable. Upon such	269
withdrawal, the declared prima-facie speed shall become	270
ineffective and the signs relating thereto shall be immediately	271
removed by the local authorities.	272

(2) A local authority may determine on the basis of a	273
geometric and traffic characteristic study that the speed limit of	274
sixty-five miles per hour on a portion of a freeway under its	275
jurisdiction that was established through the operation of	276
division (L)(3) of this section is greater than is reasonable or	277
safe under the conditions found to exist at that portion of the	278
freeway. If the local authority makes such a determination, the	279
local authority by resolution may request the director to	280
determine and declare a reasonable and safe speed limit of not	281
less than fifty-five miles per hour for that portion of the	282
freeway. If the director takes such action, the declared speed	283
limit becomes effective only when appropriate signs giving notice	284
of it are erected at such location by the local authority.	285

(J) Local authorities in their respective jurisdictions may	286
authorize by ordinance higher prima-facie speeds than those stated	287
in this section upon through highways, or upon highways or	288
portions thereof where there are no intersections, or between	289
widely spaced intersections, provided signs are erected giving	290
notice of the authorized speed, but local authorities shall not	291
modify or alter the basic rule set forth in division (A) of this	292
section or in any event authorize by ordinance a speed in excess	293
of fifty miles per hour.	294

Alteration of prima-facie limits on state routes by local	295
authorities shall not be effective until the alteration has been	296
approved by the director. The director may withdraw approval of	297
any altered prima-facie speed limits whenever in the director's	298
opinion any altered prima-facie speed becomes unreasonable, and	299
upon such withdrawal, the altered prima-facie speed shall become	300
ineffective and the signs relating thereto shall be immediately	301
removed by the local authorities.	302

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	303
section, "unimproved highway" means a highway consisting of any of	304
the following:	305

(a) Unimproved earth;

306

(b) Unimproved graded and drained earth;

307

(c) Gravel.

308

(2) Except as otherwise provided in divisions (K)(4) and (5)	309
of this section, whenever a board of township trustees determines	310
upon the basis of an engineering and traffic investigation that	311
the speed permitted by division (B)(5) of this section on any part	312
of an unimproved highway under its jurisdiction and in the	313
unincorporated territory of the township is greater than is	314
reasonable or safe under the conditions found to exist at the	315
location, the board may by resolution declare a reasonable and	316
safe prima-facie speed limit of fifty-five but not less than	317
twenty-five miles per hour. An altered speed limit adopted by a	318
board of township trustees under this division becomes effective	319
when appropriate traffic control devices, as prescribed in section	320
4511.11 of the Revised Code, giving notice thereof are erected at	321
the location, which shall be no sooner than sixty days after	322
adoption of the resolution.	323

(3)(a) Whenever, in the opinion of a board of township	324
trustees, any altered prima-facie speed limit established by the	325
board under this division becomes unreasonable, the board may	326
adopt a resolution withdrawing the altered prima-facie speed	327
limit. Upon the adoption of such a resolution, the altered	328
prima-facie speed limit becomes ineffective and the traffic	329
control devices relating thereto shall be immediately removed.	330

(b) Whenever a highway ceases to be an unimproved highway and	331
the board has adopted an altered prima-facie speed limit pursuant	332
to division (K)(2) of this section, the board shall, by	333
resolution, withdraw the altered prima-facie speed limit as soon	334
as the highway ceases to be unimproved. Upon the adoption of such	335
a resolution, the altered prima-facie speed limit becomes	336
ineffective and the traffic control devices relating thereto shall	337
be immediately removed.	338

(4)(a) If the boundary of two townships rests on the	339
centerline of an unimproved highway in unincorporated territory	340
and both townships have jurisdiction over the highway, neither of	341
the boards of township trustees of such townships may declare an	342
altered prima-facie speed limit pursuant to division (K)(2) of	343
this section on the part of the highway under their joint	344
jurisdiction unless the boards of township trustees of both of the	345
townships determine, upon the basis of an engineering and traffic	346
investigation, that the speed permitted by division (B)(5) of this	347
section is greater than is reasonable or safe under the conditions	348
found to exist at the location and both boards agree upon a	349
reasonable and safe prima-facie speed limit of less than	350
fifty-five but not less than twenty-five miles per hour for that	351
location. If both boards so agree, each shall follow the procedure	352
specified in division (K)(2) of this section for altering the	353
prima-facie speed limit on the highway. Except as otherwise	354
provided in division (K)(4)(b) of this section, no speed limit	355
altered pursuant to division (K)(4)(a) of this section may be	356
withdrawn unless the boards of township trustees of both townships	357
determine that the altered prima-facie speed limit previously	358
adopted becomes unreasonable and each board adopts a resolution	359
withdrawing the altered prima-facie speed limit pursuant to the	360
procedure specified in division (K)(3)(a) of this section.	361

(b) Whenever a highway described in division (K)(4)(a) of	362
this section ceases to be an unimproved highway and two boards of	363
township trustees have adopted an altered prima-facie speed limit	364
pursuant to division (K)(4)(a) of this section, both boards shall,	365
by resolution, withdraw the altered prima-facie speed limit as	366
soon as the highway ceases to be unimproved. Upon the adoption of	367
the resolution, the altered prima-facie speed limit becomes	368
ineffective and the traffic control devices relating thereto shall	369
be immediately removed.	370

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

371

(a) "Commercial subdivision" means any platted territory	372
outside the limits of a municipal corporation and fronting a	373
highway where, for a distance of three hundred feet or more, the	374
frontage is improved with buildings in use for commercial	375
purposes, or where the entire length of the highway is less than	376
three hundred feet long and the frontage is improved with	377
buildings in use for commercial purposes.	378

(b) "Residential subdivision" means any platted territory	379
outside the limits of a municipal corporation and fronting a	380
highway, where, for a distance of three hundred feet or more, the	381
frontage is improved with residences or residences and buildings	382
in use for business, or where the entire length of the highway is	383
less than three hundred feet long and the frontage is improved	384
with residences or residences and buildings in use for business.	385

Whenever a board of township trustees finds upon the basis of	386
an engineering and traffic investigation that the prima-facie	387
speed permitted by division (B)(5) of this section on any part of	388
a highway under its jurisdiction that is located in a commercial	389
or residential subdivision, except on highways or portions thereof	390
at the entrances to which vehicular traffic from the majority of	391
intersecting highways is required to yield the right-of-way to	392
vehicles on such highways in obedience to stop or yield signs or	393
traffic control signals, is greater than is reasonable and safe	394
under the conditions found to exist at the location, the board may	395
by resolution declare a reasonable and safe prima-facie speed	396
limit of less than fifty-five but not less than twenty-five miles	397
per hour at the location. An altered speed limit adopted by a	398
board of township trustees under this division shall become	399
effective when appropriate signs giving notice thereof are erected	400
at the location by the township. Whenever, in the opinion of a	401
board of township trustees, any altered prima-facie speed limit	402
established by it under this division becomes unreasonable, it may	403
adopt a resolution withdrawing the altered prima-facie speed, and	404
upon such withdrawal, the altered prima-facie speed shall become	405
ineffective, and the signs relating thereto shall be immediately	406
removed by the township.	407

(L)(1) Within one hundred twenty days of February 29, 1996,	408
the director of transportation, based upon a geometric and traffic	409
characteristic study of a freeway that is part of the interstate	410
system or that is not part of the interstate system, but is built	411
to the standards and specifications that are applicable to	412
freeways that are part of the interstate system, in consultation	413
with the director of public safety and, if applicable, the local	414
authority having jurisdiction over a portion of such freeway, may	415
determine and declare that the speed limit of less than sixty-five	416
miles per hour established on such freeway or portion of freeway	417
either is reasonable and safe or is less than that which is	418
reasonable and safe.	419

(2) If the established speed limit for such a freeway or	420
portion of freeway is determined to be less than that which is	421
reasonable and safe, the director of transportation, in	422
consultation with the director of public safety and, if	423
applicable, the local authority having jurisdiction over the	424
portion of freeway, shall determine and declare a reasonable and	425
safe speed limit of not more than sixty-five miles per hour for	426
that freeway or portion of freeway.	427

The director of transportation or local authority having	428
jurisdiction over the freeway or portion of freeway shall erect	429
appropriate signs giving notice of the speed limit at such	430
location within one hundred fifty days of February 29, 1996. Such	431
speed limit becomes effective only when such signs are erected at	432
the location.	433

(3) If, within one hundred twenty days of February 29, 1996,	434
the director of transportation does not make a determination and	435
declaration of a reasonable and safe speed limit for a freeway or	436
portion of freeway that is part of the interstate system or that	437
is not part of the interstate system, but is built to the	438
standards and specifications that are applicable to freeways that	439
are part of the interstate system and that has a speed limit of	440
less than sixty-five miles per hour, the speed limit on that	441
freeway or portion of a freeway shall be sixty-five miles per	442
hour. The director of transportation or local authority having	443
jurisdiction over the freeway or portion of the freeway shall	444
erect appropriate signs giving notice of the speed limit of	445
sixty-five miles per hour at such location within one hundred	446
fifty days of February 29, 1996. Such speed limit becomes	447
effective only when such signs are erected at the location. A	448
speed limit established through the operation of division (L)(3)	449
of this section is subject to reduction under division (I)(2) of	450
this section.	451

(M) Within three hundred sixty days after February 29, 1996,	452
the director of transportation, based upon a geometric and traffic	453
characteristic study of a rural, divided, multi-lane highway that	454
has been designated as part of the national highway system under	455
the "National Highway System Designation Act of 1995," 109 Stat.	456
568, 23 U.S.C.A. 103, in consultation with the director of public	457
safety and, if applicable, the local authority having jurisdiction	458
over a portion of the highway, may determine and declare that the	459
speed limit of less than sixty-five miles per hour established on	460
the highway or portion of highway either is reasonable and safe or	461
is less than that which is reasonable and safe.	462

If the established speed limit for the highway or portion of	463
highway is determined to be less than that which is reasonable and	464
safe, the director of transportation, in consultation with the	465
director of public safety and, if applicable, the local authority	466
having jurisdiction over the portion of highway, shall determine	467
and declare a reasonable and safe speed limit of not more than	468
sixty-five miles per hour for that highway or portion of highway.	469
The director of transportation or local authority having	470
jurisdiction over the highway or portion of highway shall erect	471
appropriate signs giving notice of the speed limit at such	472
location within three hundred ninety days after February 29, 1996.	473
The speed limit becomes effective only when such signs are erected	474
at the location.	475

(N)(1)(a) If the boundary of two local authorities rests on	476
the centerline of a highway and both authorities have jurisdiction	477
over the highway, the speed limit for the part of the highway	478
within their joint jurisdiction shall be either one of the	479
following as agreed to by both authorities:	480

(i) Either prima-facie speed limit permitted by division (B)	481
of this section;	482

(ii) An altered speed limit determined and posted in	483
accordance with this section.	484

(b) If the local authorities are unable to reach an	485
agreement, the speed limit shall remain as established and posted	486
under this section.	487

(2) Neither local authority may declare an altered	488
prima-facie speed limit pursuant to this section on the part of	489
the highway under their joint jurisdiction unless both of the	490
local authorities determine, upon the basis of an engineering and	491
traffic investigation, that the speed permitted by this section is	492
greater than is reasonable or safe under the conditions found to	493
exist at the location and both authorities agree upon a uniform	494
reasonable and safe prima-facie speed limit of less than	495
fifty-five but not less than twenty-five miles per hour for that	496
location. If both authorities so agree, each shall follow the	497
procedure specified in this section for altering the prima-facie	498
speed limit on the highway, and the speed limit for the part of	499
the highway within their joint jurisdiction shall be uniformly	500
altered. No altered speed limit may be withdrawn unless both local	501
authorities determine that the altered prima-facie speed limit	502
previously adopted becomes unreasonable and each adopts a	503
resolution withdrawing the altered prima-facie speed limit	504
pursuant to the procedure specified in this section.	505

(O) At any location on a street or highway where the posted	506
speed limit decreases by twenty or more miles per hour, the	507
director of transportation or the local authority having	508
jurisdiction over the street or highway shall establish a speed	509
transition zone consisting, at a minimum, of the preceding one	510
thousand feet. Notwithstanding the speed limits established in	511
divisions (B)(2) to (13) of this section, the speed limit for the	512
speed transition zone shall be ten miles per hour more than the	513
speed limit to which the posted speed limit decreases by twenty or	514
more miles per hour. A reduced speed limit established pursuant to	515
this division becomes effective when the department of	516
transportation or local authority erects appropriate signs giving	517
notice thereof on the street or highway. The director and local	518
authorities shall cooperate in establishing a speed transition	519
zone and posting appropriate signs whenever the zone connects two	520
or more jurisdictions.	521

(P) As used in this section:

522

(1) "Interstate system" has the same meaning as in 23	523
U.S.C.A. 101.	524

(2) "Commercial bus" means a motor vehicle designed for	525
carrying more than nine passengers and used for the transportation	526
of persons for compensation.	527

(3) "Noncommercial bus" includes but is not limited to a	528
school bus or a motor vehicle operated solely for the	529
transportation of persons associated with a charitable or	530
nonprofit organization.	531

(P)(Q)(1) A violation of any provision of this section is one	532
of the following:	533

(a) Except as otherwise provided in divisions (P)(Q)(1)(b),	534
(1)(c), (2), and (3) of this section, a minor misdemeanor;	535

(b) If, within one year of the offense, the offender	536
previously has been convicted of or pleaded guilty to two	537
violations of any provision of this section or of any provision of	538
a municipal ordinance that is substantially similar to any	539
provision of this section, a misdemeanor of the fourth degree;	540

(c) If, within one year of the offense, the offender	541
previously has been convicted of or pleaded guilty to three or	542
more violations of any provision of this section or of any	543
provision of a municipal ordinance that is substantially similar	544
to any provision of this section, a misdemeanor of the third	545
degree.	546

(2) If the offender has not previously been convicted of or	547
pleaded guilty to a violation of any provision of this section or	548
of any provision of a municipal ordinance that is substantially	549
similar to this section and operated a motor vehicle faster than	550
thirty-five miles an hour in a business district of a municipal	551
corporation, faster than fifty miles an hour in other portions of	552
a municipal corporation, or faster than thirty-five miles an hour	553
in a school zone during recess or while children are going to or	554
leaving school during the school's opening or closing hours, a	555
misdemeanor of the fourth degree.	556

(3) Notwithstanding division (P)(Q)(1) of this section, if	557
the offender operated a motor vehicle in a construction zone where	558
a sign was then posted in accordance with section 4511.98 of the	559
Revised Code, the court, in addition to all other penalties	560
provided by law, shall impose upon the offender a fine of two	561
times the usual amount imposed for the violation. No court shall	562
impose a fine of two times the usual amount imposed for the	563
violation upon an offender if the offender alleges, in an	564
affidavit filed with the court prior to the offender's sentencing,	565
that the offender is indigent and is unable to pay the fine	566
imposed pursuant to this division and if the court determines that	567
the offender is an indigent person and unable to pay the fine.	568

Section 2. That existing section 4511.21 of the Revised Code	569
is hereby repealed.	570