As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 390


Representative Setzer 

Cosponsor: Representative Miller 

A BILL
To amend sections 4511.07, 4511.132, 4511.27, 1
4511.55, and 4511.56 of the Revised Code to revise 2
certain laws as they relate to bicycle operation.3


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

       Section 1. That sections 4511.07, 4511.132, 4511.27, 4511.55, 4
and 4511.56 of the Revised Code be amended to read as follows:5

       Sec. 4511.07. (A) Sections 4511.01 to 4511.78, 4511.99, and6
4513.01 to 4513.37 of the Revised Code do not prevent local7
authorities from carrying out the following activities with8
respect to streets and highways under their jurisdiction and9
within the reasonable exercise of the police power:10

       (1) Regulating the stopping, standing, or parking of11
vehicles, trackless trolleys, and streetcars;12

       (2) Regulating traffic by means of police officers or traffic 13
control devices;14

       (3) Regulating or prohibiting processions or assemblages on 15
the highways;16

       (4) Designating particular highways as one-way highways and 17
requiring that all vehicles, trackless trolleys, and streetcars on 18
the one-way highways be moved in one specific direction;19

       (5) Regulating the speed of vehicles, streetcars, and20
trackless trolleys in public parks;21

       (6) Designating any highway as a through highway and22
requiring that all vehicles, trackless trolleys, and streetcars23
stop before entering or crossing a through highway, or designating 24
any intersection as a stop intersection and requiring all 25
vehicles, trackless trolleys, and streetcars to stop at one or 26
more entrances to the intersection;27

       (7) Regulating or prohibiting vehicles and trackless trolleys 28
from passing to the left of safety zones;29

       (8) Regulating the operation of bicycles; provided that no 30
such regulation shall be fundamentally inconsistent with the 31
uniform rules of the road prescribed by this chapter and that no 32
such regulation shall prohibit the use of bicycles on any public 33
street or highway except as provided in section 4511.051 of the 34
Revised Code;35

        (9) Requiring the registration and licensing of bicycles, 36
including the requirement of a registration fee for residents of 37
the local authority;38

       (10) Regulating the use of certain streets by vehicles,39
streetcars, or trackless trolleys.40

       (B) No ordinance or regulation enacted under division (A)(4), 41
(5), (6), (7), (8), or (10) of this section shall be effective 42
until signs giving notice of the local traffic regulations are 43
posted upon or at the entrance to the highway or part of the 44
highway affected, as may be most appropriate.45

       (C) Every ordinance, resolution, or regulation enacted under46
division (A)(1) of this section shall be enforced in compliance 47
with section 4511.071 of the Revised Code, unless the local 48
authority that enacted it also enacted an ordinance, resolution, 49
or regulation pursuant to division (A) of section 4521.02 of the50
Revised Code that specifies that a violation of it shall not be51
considered a criminal offense, in which case the ordinance,52
resolution, or regulation shall be enforced in compliance with53
Chapter 4521. of the Revised Code.54

       Sec. 4511.132.  (A) The driver of a vehicle, streetcar, or55
trackless trolley who approaches an intersection where traffic is56
controlled by traffic control signals shall do all of the57
following, if the signal facing the driver either exhibits no58
colored lights or colored lighted arrows or exhibits a combination59
of such lights or arrows that fails to clearly indicate the60
assignment of right-of-way or if the signals are otherwise 61
inoperative, including due to failure of a vehicle detector to 62
detect the vehicle:63

       (1) Stop at a clearly marked stop line, but if none, stop64
before entering the crosswalk on the near side of the65
intersection, or, if none, stop before entering the intersection;66

       (2) Yield the right-of-way to all vehicles, streetcars, or67
trackless trolleys in the intersection or approaching on an68
intersecting road, if the vehicles, streetcars, or trackless69
trolleys will constitute an immediate hazard during the time the70
driver is moving across or within the intersection or junction of71
roadways;72

       (3) Exercise ordinary care while proceeding through the73
intersection.74

       (B) Except as otherwise provided in this division, whoever75
violates this section is guilty of a minor misdemeanor. If, within 76
one year of the offense, the offender previously has been77
convicted of or pleaded guilty to one predicate motor vehicle or78
traffic offense, whoever violates this section is guilty of a79
misdemeanor of the fourth degree. If, within one year of the80
offense, the offender previously has been convicted of two or more81
predicate motor vehicle or traffic offenses, whoever violates this82
section is guilty of a misdemeanor of the third degree.83

       Sec. 4511.27.  (A) The following rules govern the overtaking84
and passing of vehicles or trackless trolleys proceeding in the85
same direction:86

       (1) The operator of a vehicle or trackless trolley overtaking87
another vehicle or trackless trolley proceeding in the same 88
direction shall, except as provided in division (A)(3) of this 89
section, signal to the vehicle or trackless trolley to be90
overtaken, shall pass to the left thereof at a safe distance, and91
shall not again drive to the right side of the roadway until92
safely clear of the overtaken vehicle or trackless trolley. When 93
the operator of a vehicle or trackless trolley overtakes a bicycle 94
or other slow vehicle, the operator shall pass at a distance of 95
not less than three feet between the vehicle or trackless trolley 96
and the bicycle or other slow vehicle.97

       (2) Except when overtaking and passing on the right is98
permitted, theThe operator of an overtaken vehicle shall give way 99
to the right in favor of the overtaking vehicle at the latter's100
audible signal, and the operator shall not increase the speed of 101
the operator's vehicle until completely passed by the overtaking102
vehicle.103

       (3) The operator of a vehicle or trackless trolley overtaking 104
and passing another vehicle or trackless trolley proceeding in the 105
same direction on a divided highway as defined in section 4511.35 106
of the Revised Code, a limited access highway as defined in 107
section 5511.02 of the Revised Code, or a highway with four or 108
more traffic lanes, is not required to signal audibly to the109
vehicle or trackless trolley being overtaken and passed.110

       (B) Except as otherwise provided in this division, whoever111
violates this section is guilty of a minor misdemeanor. If, within 112
one year of the offense, the offender previously has been113
convicted of or pleaded guilty to one predicate motor vehicle or114
traffic offense, whoever violates this section is guilty of a115
misdemeanor of the fourth degree. If, within one year of the116
offense, the offender previously has been convicted of two or more117
predicate motor vehicle or traffic offenses, whoever violates this118
section is guilty of a misdemeanor of the third degree.119

       Sec. 4511.55.  (A) Every person operating a bicycle upon a120
roadway shall ride as near to the right side of the roadway as121
practicable obeyingobey all traffic rules applicable to vehicles 122
and exercising due care when passing a standing vehicle or one123
proceeding in the same directionexcept those provisions which, by 124
their nature, can have no application.125

       (B) Persons riding bicycles or motorcycles upon a roadway126
shall ride not more than two abreast in a single lane, except on127
paths or parts of roadways set aside for the exclusive use of128
bicycles or motorcycles.129

       (C) This section does not require a person operating aA130
bicycle to ride at the edge of the roadway when it is unreasonable 131
or unsafe to do so. Conditions that may require riding away from 132
the edge of the roadway includethat is operated at less than the 133
prevailing speed of traffic shall be operated in accordance with 134
division (B) of section 4511.25 of the Revised Code except when 135
reasonably necessary to avoid conditions that do not permit the 136
bicycle to be so operated, including the presence of fixed or 137
moving objects, parked or moving vehicles, surface hazards, 138
pedestrians, or animals, or if it otherwise is unsafe or 139
impracticable to do so, including if the lane is too narrow for 140
the bicycle and an overtaking vehicle to travel safely side by 141
side within the lane, or when it otherwise is unsafe or not 142
practicable to operate the bicycle in accordance with division (B) 143
of section 4511.25 of the Revised Code.144

       (D) Except as otherwise provided in this division, whoever145
violates this section is guilty of a minor misdemeanor. If, within 146
one year of the offense, the offender previously has been147
convicted of or pleaded guilty to one predicate motor vehicle or148
traffic offense, whoever violates this section is guilty of a149
misdemeanor of the fourth degree. If, within one year of the150
offense, the offender previously has been convicted of two or more151
predicate motor vehicle or traffic offenses, whoever violates this152
section is guilty of a misdemeanor of the third degree.153

       Sec. 4511.56.  (A) Every bicycle when in use at the times154
specified in section 4513.03 of the Revised Code, shall be155
equipped with the following:156

       (1) A lamp mounted on the front of either the bicycle or the 157
operator that shall emit a white light visible from a distance of 158
at least five hundred feet to the front and three hundred feet to 159
the sides. A generator-powered lamp that emits light only when the 160
bicycle is moving may be used to meet this requirement.161

       (2) A red reflector on the rear that shall be visible from 162
all distances from one hundred feet to six hundred feet to the 163
rear when directly in front of lawful lower beams of head lamps on 164
a motor vehicle;165

       (3) A lamp emitting either flashing or steady red light 166
visible from a distance of five hundred feet to the rear shall be 167
used in addition to the red reflector. If the red lamp performs as 168
a reflector in that it is visible as specified in division (A)(2) 169
of this section, the red lamp may serve as the reflector and a 170
separate reflector is not required.171

       (B) Additional lamps and reflectors may be used in addition 172
to those required under division (A) of this section, except that 173
red lamps and red reflectors shall not be used on the front of the 174
bicycle and white lamps and white reflectors shall not be used on 175
the rear of the bicycle.176

        (C) A bicycle may be equipped with a device capable of giving 177
an audible signal, except that a bicycle shall not be equipped 178
with nor shall any person use upon a bicycle any siren or whistle.179

       (D) Every bicycle shall be equipped with an adequate brake180
when used on a street or highway shall be equipped with an 181
adequate brake or brakes that will enable its operator to stop the 182
bicycle within fifteen feet from a speed of ten miles per hour on 183
dry, level, clean pavement.184

       (E) Except as otherwise provided in this division, whoever185
violates this section is guilty of a minor misdemeanor. If, within 186
one year of the offense, the offender previously has been187
convicted of or pleaded guilty to one predicate motor vehicle or188
traffic offense, whoever violates this section is guilty of a189
misdemeanor of the fourth degree. If, within one year of the190
offense, the offender previously has been convicted of two or more191
predicate motor vehicle or traffic offenses, whoever violates this192
section is guilty of a misdemeanor of the third degree.193

       Section 2. That existing sections 4511.07, 4511.132, 4511.27, 194
4511.55, and 4511.56 of the Revised Code are hereby repealed.195