As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 9


Representative Carmichael 

Cosponsors: Representatives Adams, Aslanides, Bacon, Brown, Coley, Collier, Combs, Daniels, Dodd, Evans, Fende, Fessler, Flowers, Hughes, Garrison, Gibbs, Latta, McGregor, J., Okey, Reinhard, Sayre, Schlichter, Seitz, Stewart, J., Wagoner, Webster 


A BILL
To amend sections 4501.01, 4507.03, 4511.01, 1
4511.202, 4513.11, and 4513.99 of the Revised Code 2
to require farm machinery that is designed by its 3
manufacturer to operate at a speed greater than 25 4
miles per hour to display a speed identification 5
symbol and a slow-moving vehicle emblem when 6
operated on a road or highway and to further 7
address the operation of such farm machinery on 8
roads and highways.9


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

       Section 1. That sections 4501.01, 4507.03, 4511.01, 4511.202, 10
4513.11, and 4513.99 of the Revised Code be amended to read as 11
follows:12

       Sec. 4501.01.  As used in this chapter and Chapters 4503., 13
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the 14
Revised Code, and in the penal laws, except as otherwise provided:15

       (A) "Vehicles" means everything on wheels or runners, 16
including motorized bicycles, but does not mean electric personal17
assistive mobility devices, vehicles that are operated exclusively 18
on rails or tracks or from overhead electric trolley wires, and 19
vehicles that belong to any police department, municipal fire 20
department, or volunteer fire department, or that are used by such 21
a department in the discharge of its functions.22

       (B) "Motor vehicle" means any vehicle, including mobile homes 23
and recreational vehicles, that is propelled or drawn by power 24
other than muscular power or power collected from overhead 25
electric trolley wires. "Motor vehicle" does not include utility 26
vehicles as defined in division (VV) of this section, motorized 27
bicycles, road rollers, traction engines, power shovels, power 28
cranes, and other equipment used in construction work and not 29
designed for or employed in general highway transportation, 30
well-drilling machinery, ditch-digging machinery, farm machinery, 31
trailers that are used to transport agricultural produce or 32
agricultural production materials between a local place of storage 33
or supply and the farm when drawn or towed on a public road or 34
highway at a speed of twenty-five miles per hour or less, 35
threshing machinery, hay-baling machinery, corn sheller, 36
hammermill and agricultural tractors, machinery used in the 37
production of horticultural, agricultural, and vegetable products,38
and trailers that are designed and used exclusively to transport a 39
boat between a place of storage and a marina, or in and around a 40
marina, when drawn or towed on a public road or highway for a 41
distance of no more than ten miles and at a speed of twenty-five 42
miles per hour or less.43

       (C) "Agricultural tractor" and "traction engine" mean any 44
self-propelling vehicle that is designed or used for drawing other 45
vehicles or wheeled machinery, but has no provisions for carrying 46
loads independently of such other vehicles, and that is used 47
principally for agricultural purposes.48

       (D) "Commercial tractor," except as defined in division (C) 49
of this section, means any motor vehicle that has motive power and 50
either is designed or used for drawing other motor vehicles, or is 51
designed or used for drawing another motor vehicle while carrying 52
a portion of the other motor vehicle or its load, or both.53

       (E) "Passenger car" means any motor vehicle that is designed 54
and used for carrying not more than nine persons and includes any 55
motor vehicle that is designed and used for carrying not more than 56
fifteen persons in a ridesharing arrangement.57

       (F) "Collector's vehicle" means any motor vehicle or 58
agricultural tractor or traction engine that is of special 59
interest, that has a fair market value of one hundred dollars or 60
more, whether operable or not, and that is owned, operated, 61
collected, preserved, restored, maintained, or used essentially as 62
a collector's item, leisure pursuit, or investment, but not as the 63
owner's principal means of transportation. "Licensed collector's 64
vehicle" means a collector's vehicle, other than an agricultural 65
tractor or traction engine, that displays current, valid license 66
tags issued under section 4503.45 of the Revised Code, or a 67
similar type of motor vehicle that displays current, valid license 68
tags issued under substantially equivalent provisions in the laws 69
of other states.70

       (G) "Historical motor vehicle" means any motor vehicle that 71
is over twenty-five years old and is owned solely as a collector's 72
item and for participation in club activities, exhibitions, tours, 73
parades, and similar uses, but that in no event is used for 74
general transportation.75

       (H) "Noncommercial motor vehicle" means any motor vehicle, 76
including a farm truck as defined in section 4503.04 of the 77
Revised Code, that is designed by the manufacturer to carry a load 78
of no more than one ton and is used exclusively for purposes other 79
than engaging in business for profit.80

       (I) "Bus" means any motor vehicle that has motor power and is 81
designed and used for carrying more than nine passengers, except 82
any motor vehicle that is designed and used for carrying not more 83
than fifteen passengers in a ridesharing arrangement.84

       (J) "Commercial car" or "truck" means any motor vehicle that 85
has motor power and is designed and used for carrying merchandise 86
or freight, or that is used as a commercial tractor.87

       (K) "Bicycle" means every device, other than a tricycle that 88
is designed solely for use as a play vehicle by a child, that is 89
propelled solely by human power upon which any person may ride, 90
and that has either two tandem wheels, or one wheel in front and 91
two wheels in the rear, any of which is more than fourteen inches 92
in diameter.93

       (L) "Motorized bicycle" means any vehicle that either has two 94
tandem wheels or one wheel in the front and two wheels in the 95
rear, that is capable of being pedaled, and that is equipped with 96
a helper motor of not more than fifty cubic centimeters piston 97
displacement that produces no more than one brake horsepower and 98
is capable of propelling the vehicle at a speed of no greater than 99
twenty miles per hour on a level surface.100

       (M) "Trailer" means any vehicle without motive power that is 101
designed or used for carrying property or persons wholly on its 102
own structure and for being drawn by a motor vehicle, and includes 103
any such vehicle that is formed by or operated as a combination of 104
a semitrailer and a vehicle of the dolly type such as that 105
commonly known as a trailer dolly, a vehicle used to transport 106
agricultural produce or agricultural production materials between 107
a local place of storage or supply and the farm when drawn or 108
towed on a public road or highway at a speed greater than 109
twenty-five miles per hour, and a vehicle that is designed and 110
used exclusively to transport a boat between a place of storage 111
and a marina, or in and around a marina, when drawn or towed on a 112
public road or highway for a distance of more than ten miles or at 113
a speed of more than twenty-five miles per hour. "Trailer" does 114
not include a manufactured home or travel trailer.115

       (N) "Noncommercial trailer" means any trailer, except a 116
travel trailer or trailer that is used to transport a boat as 117
described in division (B) of this section, but, where applicable, 118
includes a vehicle that is used to transport a boat as described 119
in division (M) of this section, that has a gross weight of no 120
more than three thousand pounds, and that is used exclusively for 121
purposes other than engaging in business for a profit.122

       (O) "Mobile home" means a building unit or assembly of closed 123
construction that is fabricated in an off-site facility, is more 124
than thirty-five body feet in length or, when erected on site, is 125
three hundred twenty or more square feet, is built on a permanent 126
chassis, is transportable in one or more sections, and does not 127
qualify as a manufactured home as defined in division (C)(4) of 128
section 3781.06 of the Revised Code or as an industrialized unit 129
as defined in division (C)(3) of section 3781.06 of the Revised 130
Code.131

       (P) "Semitrailer" means any vehicle of the trailer type that 132
does not have motive power and is so designed or used with another 133
and separate motor vehicle that in operation a part of its own 134
weight or that of its load, or both, rests upon and is carried by 135
the other vehicle furnishing the motive power for propelling 136
itself and the vehicle referred to in this division, and includes, 137
for the purpose only of registration and taxation under those 138
chapters, any vehicle of the dolly type, such as a trailer dolly, 139
that is designed or used for the conversion of a semitrailer into 140
a trailer.141

       (Q) "Recreational vehicle" means a vehicular portable 142
structure that meets all of the following conditions:143

       (1) It is designed for the sole purpose of recreational 144
travel.145

       (2) It is not used for the purpose of engaging in business 146
for profit.147

       (3) It is not used for the purpose of engaging in intrastate 148
commerce.149

       (4) It is not used for the purpose of commerce as defined in 150
49 C.F.R. 383.5, as amended.151

       (5) It is not regulated by the public utilities commission 152
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.153

       (6) It is classed as one of the following:154

       (a) "Travel trailer" means a nonself-propelled recreational 155
vehicle that does not exceed an overall length of thirty-five 156
feet, exclusive of bumper and tongue or coupling, and contains 157
less than three hundred twenty square feet of space when erected 158
on site. "Travel trailer" includes a tent-type fold-out camping 159
trailer as defined in section 4517.01 of the Revised Code.160

       (b) "Motor home" means a self-propelled recreational vehicle 161
that has no fifth wheel and is constructed with permanently 162
installed facilities for cold storage, cooking and consuming of 163
food, and for sleeping.164

       (c) "Truck camper" means a nonself-propelled recreational 165
vehicle that does not have wheels for road use and is designed to 166
be placed upon and attached to a motor vehicle. "Truck camper" 167
does not include truck covers that consist of walls and a roof, 168
but do not have floors and facilities enabling them to be used as 169
a dwelling.170

       (d) "Fifth wheel trailer" means a vehicle that is of such 171
size and weight as to be movable without a special highway permit, 172
that has a gross trailer area of four hundred square feet or less, 173
that is constructed with a raised forward section that allows a 174
bi-level floor plan, and that is designed to be towed by a vehicle 175
equipped with a fifth-wheel hitch ordinarily installed in the bed 176
of a truck.177

       (e) "Park trailer" means a vehicle that is commonly known as 178
a park model recreational vehicle, meets the American national 179
standard institute standard A119.5 (1988) for park trailers, is 180
built on a single chassis, has a gross trailer area of four 181
hundred square feet or less when set up, is designed for seasonal 182
or temporary living quarters, and may be connected to utilities 183
necessary for the operation of installed features and appliances.184

       (R) "Pneumatic tires" means tires of rubber and fabric or 185
tires of similar material, that are inflated with air.186

       (S) "Solid tires" means tires of rubber or similar elastic 187
material that are not dependent upon confined air for support of 188
the load.189

       (T) "Solid tire vehicle" means any vehicle that is equipped 190
with two or more solid tires.191

       (U) "Farm machinery" means all machines and tools that are 192
used in the production, harvesting, and care of farm products, and 193
includes trailers that are used to transport agricultural produce 194
or agricultural production materials between a local place of 195
storage or supply and the farm when drawn or towed on a public 196
road or highway at a speed of twenty-five miles per hour or less, 197
agricultural tractors, threshing machinery, hay-baling machinery, 198
corn shellers, hammermills, and machinery used in the production 199
of horticultural, agricultural, and vegetable products.200

       (V) "Owner" includes any person or firm, other than a201
manufacturer or dealer, that has title to a motor vehicle, except 202
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" 203
includes in addition manufacturers and dealers.204

       (W) "Manufacturer" and "dealer" include all persons and firms 205
that are regularly engaged in the business of manufacturing, 206
selling, displaying, offering for sale, or dealing in motor 207
vehicles, at an established place of business that is used 208
exclusively for the purpose of manufacturing, selling, displaying, 209
offering for sale, or dealing in motor vehicles. A place of 210
business that is used for manufacturing, selling, displaying, 211
offering for sale, or dealing in motor vehicles shall be deemed to 212
be used exclusively for those purposes even though snowmobiles or 213
all-purpose vehicles are sold or displayed for sale thereat, even 214
though farm machinery is sold or displayed for sale thereat, or 215
even though repair, accessory, gasoline and oil, storage, parts,216
service, or paint departments are maintained thereat, or, in any217
county having a population of less than seventy-five thousand at 218
the last federal census, even though a department in a place of 219
business is used to dismantle, salvage, or rebuild motor vehicles 220
by means of used parts, if such departments are operated for the 221
purpose of furthering and assisting in the business of 222
manufacturing, selling, displaying, offering for sale, or dealing 223
in motor vehicles. Places of business or departments in a place of 224
business used to dismantle, salvage, or rebuild motor vehicles by 225
means of using used parts are not considered as being maintained 226
for the purpose of assisting or furthering the manufacturing, 227
selling, displaying, and offering for sale or dealing in motor 228
vehicles.229

       (X) "Operator" includes any person who drives or operates a 230
motor vehicle upon the public highways.231

       (Y) "Chauffeur" means any operator who operates a motor 232
vehicle, other than a taxicab, as an employee for hire; or any 233
operator whether or not the owner of a motor vehicle, other than a 234
taxicab, who operates such vehicle for transporting, for gain, 235
compensation, or profit, either persons or property owned by 236
another. Any operator of a motor vehicle who is voluntarily 237
involved in a ridesharing arrangement is not considered an 238
employee for hire or operating such vehicle for gain, 239
compensation, or profit.240

       (Z) "State" includes the territories and federal districts of 241
the United States, and the provinces of Canada.242

       (AA) "Public roads and highways" for vehicles includes all 243
public thoroughfares, bridges, and culverts.244

       (BB) "Manufacturer's number" means the manufacturer's 245
original serial number that is affixed to or imprinted upon the 246
chassis or other part of the motor vehicle.247

       (CC) "Motor number" means the manufacturer's original number 248
that is affixed to or imprinted upon the engine or motor of the 249
vehicle.250

       (DD) "Distributor" means any person who is authorized by a 251
motor vehicle manufacturer to distribute new motor vehicles to 252
licensed motor vehicle dealers at an established place of business 253
that is used exclusively for the purpose of distributing new motor 254
vehicles to licensed motor vehicle dealers, except when the 255
distributor also is a new motor vehicle dealer, in which case the 256
distributor may distribute at the location of the distributor's 257
licensed dealership.258

       (EE) "Ridesharing arrangement" means the transportation of 259
persons in a motor vehicle where the transportation is incidental 260
to another purpose of a volunteer driver and includes ridesharing 261
arrangements known as carpools, vanpools, and buspools.262

       (FF) "Apportionable vehicle" means any vehicle that is used 263
or intended for use in two or more international registration plan 264
member jurisdictions that allocate or proportionally register 265
vehicles, that is used for the transportation of persons for hire 266
or designed, used, or maintained primarily for the transportation 267
of property, and that meets any of the following qualifications:268

       (1) Is a power unit having a gross vehicle weight in excess 269
of twenty-six thousand pounds;270

       (2) Is a power unit having three or more axles, regardless of 271
the gross vehicle weight;272

       (3) Is a combination vehicle with a gross vehicle weight in 273
excess of twenty-six thousand pounds.274

       "Apportionable vehicle" does not include recreational 275
vehicles, vehicles displaying restricted plates, city pick-up and 276
delivery vehicles, buses used for the transportation of chartered 277
parties, or vehicles owned and operated by the United States, this 278
state, or any political subdivisions thereof.279

       (GG) "Chartered party" means a group of persons who contract 280
as a group to acquire the exclusive use of a passenger-carrying 281
motor vehicle at a fixed charge for the vehicle in accordance with 282
the carrier's tariff, lawfully on file with the United States 283
department of transportation, for the purpose of group travel to a 284
specified destination or for a particular itinerary, either agreed 285
upon in advance or modified by the chartered group after having 286
left the place of origin.287

       (HH) "International registration plan" means a reciprocal 288
agreement of member jurisdictions that is endorsed by the American 289
association of motor vehicle administrators, and that promotes and 290
encourages the fullest possible use of the highway system by 291
authorizing apportioned registration of fleets of vehicles and 292
recognizing registration of vehicles apportioned in member 293
jurisdictions.294

       (II) "Restricted plate" means a license plate that has a 295
restriction of time, geographic area, mileage, or commodity, and 296
includes license plates issued to farm trucks under division (J) 297
of section 4503.04 of the Revised Code.298

       (JJ) "Gross vehicle weight," with regard to any commercial 299
car, trailer, semitrailer, or bus that is taxed at the rates 300
established under section 4503.042 of the Revised Code, means the 301
unladen weight of the vehicle fully equipped plus the maximum 302
weight of the load to be carried on the vehicle.303

       (KK) "Combined gross vehicle weight" with regard to any 304
combination of a commercial car, trailer, and semitrailer, that is 305
taxed at the rates established under section 4503.042 of the 306
Revised Code, means the total unladen weight of the combination of 307
vehicles fully equipped plus the maximum weight of the load to be 308
carried on that combination of vehicles.309

       (LL) "Chauffeured limousine" means a motor vehicle that is 310
designed to carry nine or fewer passengers and is operated for 311
hire on an hourly basis pursuant to a prearranged contract for the 312
transportation of passengers on public roads and highways along a 313
route under the control of the person hiring the vehicle and not 314
over a defined and regular route. "Prearranged contract" means an 315
agreement, made in advance of boarding, to provide transportation 316
from a specific location in a chauffeured limousine at a fixed 317
rate per hour or trip. "Chauffeured limousine" does not include 318
any vehicle that is used exclusively in the business of funeral 319
directing.320

       (MM) "Manufactured home" has the same meaning as in division 321
(C)(4) of section 3781.06 of the Revised Code.322

       (NN) "Acquired situs," with respect to a manufactured home or 323
a mobile home, means to become located in this state by the 324
placement of the home on real property, but does not include the 325
placement of a manufactured home or a mobile home in the inventory 326
of a new motor vehicle dealer or the inventory of a manufacturer, 327
remanufacturer, or distributor of manufactured or mobile homes.328

       (OO) "Electronic" includes electrical, digital, magnetic, 329
optical, electromagnetic, or any other form of technology that 330
entails capabilities similar to these technologies.331

       (PP) "Electronic record" means a record generated, 332
communicated, received, or stored by electronic means for use in 333
an information system or for transmission from one information 334
system to another.335

       (QQ) "Electronic signature" means a signature in electronic 336
form attached to or logically associated with an electronic 337
record.338

       (RR) "Financial transaction device" has the same meaning as 339
in division (A) of section 113.40 of the Revised Code.340

       (SS) "Electronic motor vehicle dealer" means a motor vehicle 341
dealer licensed under Chapter 4517. of the Revised Code whom the 342
registrar of motor vehicles determines meets the criteria 343
designated in section 4503.035 of the Revised Code for electronic 344
motor vehicle dealers and designates as an electronic motor 345
vehicle dealer under that section.346

       (TT) "Electric personal assistive mobility device" means a347
self-balancing two non-tandem wheeled device that is designed to348
transport only one person, has an electric propulsion system of an349
average of seven hundred fifty watts, and when ridden on a paved350
level surface by an operator who weighs one hundred seventy pounds351
has a maximum speed of less than twenty miles per hour.352

       (UU) "Limited driving privileges" means the privilege to353
operate a motor vehicle that a court grants under section 4510.021354
of the Revised Code to a person whose driver's or commercial355
driver's license or permit or nonresident operating privilege has356
been suspended.357

       (VV) "Utility vehicle" means a self-propelled vehicle 358
designed with a bed, principally for the purpose of transporting 359
material or cargo in connection with construction, agricultural, 360
forestry, grounds maintenance, lawn and garden, materials 361
handling, or similar activities.362

       Sec. 4507.03. (A)(1) No person shall be required to obtain a363
driver's or commercial driver's license for the purpose of 364
temporarily driving or, operating, drawing, moving, or propelling365
a road roller,or road machinery, or any farm tractor or implement 366
of husbandry, temporarily drawn, moved, or propelled upon thea 367
street or highway.368

       (2) No person shall be required to obtain a driver's or 369
commercial driver's license for the purpose of temporarily 370
driving, operating, drawing, moving, or propelling any 371
agricultural tractor or implement of husbandry upon a street or 372
highway at a speed of twenty-five miles per hour or less.373

        (3) No person shall drive, operate, draw, move, or propel any 374
agricultural tractor or implement of husbandry upon a street or 375
highway at a speed greater than twenty-five miles per hour unless 376
the person has a current, valid driver's or commercial driver's 377
license.378

        (B) Every person on active duty in the military or naval 379
forces of the United States, when furnished with a driver's permit 380
and when operating an official motor vehicle in connection with 381
such duty, is exempt from the license requirements of Chapters 382
4506. and 4507. of the Revised Code.383

       Every person on active duty in the military or naval forces384
of the United States or in service with the peace corps,385
volunteers in service to America, or the foreign service of the386
United States, is exempt from the license requirements of such387
sections for the period of histhe person's active duty or service 388
and for six months thereafter, provided such person was a licensee 389
under such sections at the time hethe person commenced such 390
active duty or service. This section does not prevent such person 391
from making an application, as provided in division (C) of section 392
4507.10 of the Revised Code, for the renewal of a driver's license 393
or motorcycle operator's endorsement or as provided in section394
4506.14 of the Revised Code for the renewal of a commercial395
driver's license during the period of histhe person's active duty 396
or service.397

       (C) Whoever violates division (A)(3) of this section is 398
guilty of a misdemeanor of the first degree.399

       Sec. 4511.01.  As used in this chapter and in Chapter 4513.400
of the Revised Code:401

       (A) "Vehicle" means every device, including a motorized402
bicycle, in, upon, or by which any person or property may be403
transported or drawn upon a highway, except that "vehicle" does404
not include any motorized wheelchair, any electric personal405
assistive mobility device, any device that is moved by power 406
collected from overhead electric trolley wires or that is used 407
exclusively upon stationary rails or tracks, or any device, other 408
than a bicycle, that is moved by human power.409

       (B) "Motor vehicle" means every vehicle propelled or drawn by 410
power other than muscular power or power collected from overhead 411
electric trolley wires, except motorized bicycles, road rollers, 412
traction engines, power shovels, power cranes, and other equipment 413
used in construction work and not designed for or employed in 414
general highway transportation, hole-digging machinery, 415
well-drilling machinery, ditch-digging machinery, farm machinery, 416
trailers used to transport agricultural produce or agricultural 417
production materials between a local place of storage or supply 418
and the farm when drawn or towed on a street or highway at a speed 419
of twenty-five miles per hour or less, threshing machinery, 420
hay-baling machinery, agricultural tractors and machinery used in 421
the production of horticultural, floricultural, agricultural, and 422
vegetable products, and trailers designed and used exclusively to 423
transport a boat between a place of storage and a marina, or in 424
and around a marina, when drawn or towed on a street or highway 425
for a distance of no more than ten miles and at a speed of 426
twenty-five miles per hour or less.427

       (C) "Motorcycle" means every motor vehicle, other than a428
tractor, having a saddle for the use of the operator and designed429
to travel on not more than three wheels in contact with the430
ground, including, but not limited to, motor vehicles known as431
"motor-driven cycle," "motor scooter," or "motorcycle" without432
regard to weight or brake horsepower.433

       (D) "Emergency vehicle" means emergency vehicles of434
municipal, township, or county departments or public utility435
corporations when identified as such as required by law, the436
director of public safety, or local authorities, and motor437
vehicles when commandeered by a police officer.438

       (E) "Public safety vehicle" means any of the following:439

       (1) Ambulances, including private ambulance companies under440
contract to a municipal corporation, township, or county, and441
private ambulances and nontransport vehicles bearing license442
plates issued under section 4503.49 of the Revised Code;443

       (2) Motor vehicles used by public law enforcement officers or 444
other persons sworn to enforce the criminal and traffic laws of445
the state;446

       (3) Any motor vehicle when properly identified as required by 447
the director of public safety, when used in response to fire448
emergency calls or to provide emergency medical service to ill or449
injured persons, and when operated by a duly qualified person who450
is a member of a volunteer rescue service or a volunteer fire451
department, and who is on duty pursuant to the rules or directives452
of that service. The state fire marshal shall be designated by the 453
director of public safety as the certifying agency for all public 454
safety vehicles described in division (E)(3) of this section.455

       (4) Vehicles used by fire departments, including motor456
vehicles when used by volunteer fire fighters responding to457
emergency calls in the fire department service when identified as458
required by the director of public safety.459

       Any vehicle used to transport or provide emergency medical460
service to an ill or injured person, when certified as a public461
safety vehicle, shall be considered a public safety vehicle when462
transporting an ill or injured person to a hospital regardless of463
whether such vehicle has already passed a hospital.464

       (5) Vehicles used by the motor carrier enforcement unit for 465
the enforcement of orders and rules of the public utilities 466
commission as specified in section 5503.34 of the Revised Code.467

       (F) "School bus" means every bus designed for carrying more468
than nine passengers that is owned by a public, private, or469
governmental agency or institution of learning and operated for470
the transportation of children to or from a school session or a471
school function, or owned by a private person and operated for472
compensation for the transportation of children to or from a473
school session or a school function, provided "school bus" does474
not include a bus operated by a municipally owned transportation475
system, a mass transit company operating exclusively within the476
territorial limits of a municipal corporation, or within such477
limits and the territorial limits of municipal corporations478
immediately contiguous to such municipal corporation, nor a common479
passenger carrier certified by the public utilities commission480
unless such bus is devoted exclusively to the transportation of481
children to and from a school session or a school function, and482
"school bus" does not include a van or bus used by a licensed483
child day-care center or type A family day-care home to transport484
children from the child day-care center or type A family day-care485
home to a school if the van or bus does not have more than fifteen486
children in the van or bus at any time.487

       (G) "Bicycle" means every device, other than a tricycle488
designed solely for use as a play vehicle by a child, propelled489
solely by human power upon which any person may ride having either490
two tandem wheels, or one wheel in the front and two wheels in the491
rear, any of which is more than fourteen inches in diameter.492

       (H) "Motorized bicycle" means any vehicle having either two493
tandem wheels or one wheel in the front and two wheels in the494
rear, that is capable of being pedaled and is equipped with a495
helper motor of not more than fifty cubic centimeters piston496
displacement that produces no more than one brake horsepower and497
is capable of propelling the vehicle at a speed of no greater than498
twenty miles per hour on a level surface.499

       (I) "Commercial tractor" means every motor vehicle having500
motive power designed or used for drawing other vehicles and not501
so constructed as to carry any load thereon, or designed or used502
for drawing other vehicles while carrying a portion of such other503
vehicles, or load thereon, or both.504

       (J) "Agricultural tractor" means every self-propelling505
vehicle designed or used for drawing other vehicles or wheeled506
machinery but having no provision for carrying loads independently507
of such other vehicles, and used principally for agricultural508
purposes.509

       (K) "Truck" means every motor vehicle, except trailers and510
semitrailers, designed and used to carry property.511

       (L) "Bus" means every motor vehicle designed for carrying512
more than nine passengers and used for the transportation of513
persons other than in a ridesharing arrangement, and every motor514
vehicle, automobile for hire, or funeral car, other than a taxicab515
or motor vehicle used in a ridesharing arrangement, designed and516
used for the transportation of persons for compensation.517

       (M) "Trailer" means every vehicle designed or used for518
carrying persons or property wholly on its own structure and for519
being drawn by a motor vehicle, including any such vehicle when520
formed by or operated as a combination of a "semitrailer" and a521
vehicle of the dolly type, such as that commonly known as a522
"trailer dolly," a vehicle used to transport agricultural produce523
or agricultural production materials between a local place of524
storage or supply and the farm when drawn or towed on a street or525
highway at a speed greater than twenty-five miles per hour, and a526
vehicle designed and used exclusively to transport a boat between527
a place of storage and a marina, or in and around a marina, when528
drawn or towed on a street or highway for a distance of more than529
ten miles or at a speed of more than twenty-five miles per hour.530

       (N) "Semitrailer" means every vehicle designed or used for531
carrying persons or property with another and separate motor532
vehicle so that in operation a part of its own weight or that of533
its load, or both, rests upon and is carried by another vehicle.534

       (O) "Pole trailer" means every trailer or semitrailer535
attached to the towing vehicle by means of a reach, pole, or by536
being boomed or otherwise secured to the towing vehicle, and537
ordinarily used for transporting long or irregular shaped loads538
such as poles, pipes, or structural members capable, generally, of539
sustaining themselves as beams between the supporting connections.540

       (P) "Railroad" means a carrier of persons or property541
operating upon rails placed principally on a private right-of-way.542

       (Q) "Railroad train" means a steam engine or an electric or543
other motor, with or without cars coupled thereto, operated by a544
railroad.545

       (R) "Streetcar" means a car, other than a railroad train, for 546
transporting persons or property, operated upon rails principally 547
within a street or highway.548

       (S) "Trackless trolley" means every car that collects its549
power from overhead electric trolley wires and that is not550
operated upon rails or tracks.551

       (T) "Explosives" means any chemical compound or mechanical552
mixture that is intended for the purpose of producing an explosion553
that contains any oxidizing and combustible units or other554
ingredients in such proportions, quantities, or packing that an555
ignition by fire, by friction, by concussion, by percussion, or by556
a detonator of any part of the compound or mixture may cause such557
a sudden generation of highly heated gases that the resultant558
gaseous pressures are capable of producing destructive effects on559
contiguous objects, or of destroying life or limb. Manufactured560
articles shall not be held to be explosives when the individual561
units contain explosives in such limited quantities, of such562
nature, or in such packing, that it is impossible to procure a563
simultaneous or a destructive explosion of such units, to the564
injury of life, limb, or property by fire, by friction, by565
concussion, by percussion, or by a detonator, such as fixed566
ammunition for small arms, firecrackers, or safety fuse matches.567

       (U) "Flammable liquid" means any liquid that has a flash568
point of seventy degrees Fahrenheitfahrenheit, or less, as 569
determined by a tagliabue or equivalent closed cup test device.570

       (V) "Gross weight" means the weight of a vehicle plus the571
weight of any load thereon.572

       (W) "Person" means every natural person, firm,573
co-partnership, association, or corporation.574

       (X) "Pedestrian" means any natural person afoot.575

       (Y) "Driver or operator" means every person who drives or is576
in actual physical control of a vehicle, trackless trolley, or577
streetcar.578

       (Z) "Police officer" means every officer authorized to direct 579
or regulate traffic, or to make arrests for violations of traffic 580
regulations.581

       (AA) "Local authorities" means every county, municipal, and582
other local board or body having authority to adopt police583
regulations under the constitution and laws of this state.584

       (BB) "Street" or "highway" means the entire width between the 585
boundary lines of every way open to the use of the public as a586
thoroughfare for purposes of vehicular travel.587

       (CC) "Controlled-access highway" means every street or588
highway in respect to which owners or occupants of abutting lands589
and other persons have no legal right of access to or from the590
same except at such points only and in such manner as may be591
determined by the public authority having jurisdiction over such592
street or highway.593

       (DD) "Private road or driveway" means every way or place in594
private ownership used for vehicular travel by the owner and those595
having express or implied permission from the owner but not by596
other persons.597

       (EE) "Roadway" means that portion of a highway improved,598
designed, or ordinarily used for vehicular travel, except the berm599
or shoulder. If a highway includes two or more separate roadways600
the term "roadway" means any such roadway separately but not all601
such roadways collectively.602

       (FF) "Sidewalk" means that portion of a street between the603
curb lines, or the lateral lines of a roadway, and the adjacent604
property lines, intended for the use of pedestrians.605

       (GG) "Laned highway" means a highway the roadway of which is606
divided into two or more clearly marked lanes for vehicular607
traffic.608

       (HH) "Through highway" means every street or highway as609
provided in section 4511.65 of the Revised Code.610

       (II) "State highway" means a highway under the jurisdiction611
of the department of transportation, outside the limits of612
municipal corporations, provided that the authority conferred upon613
the director of transportation in section 5511.01 of the Revised614
Code to erect state highway route markers and signs directing615
traffic shall not be modified by sections 4511.01 to 4511.79 and616
4511.99 of the Revised Code.617

       (JJ) "State route" means every highway that is designated618
with an official state route number and so marked.619

       (KK) "Intersection" means:620

       (1) The area embraced within the prolongation or connection621
of the lateral curb lines, or, if none, then the lateral boundary622
lines of the roadways of two highways which join one another at,623
or approximately at, right angles, or the area within which624
vehicles traveling upon different highways joining at any other625
angle may come in conflict.626

       (2) Where a highway includes two roadways thirty feet or more 627
apart, then every crossing of each roadway of such divided highway 628
by an intersecting highway shall be regarded as a separate629
intersection. If an intersecting highway also includes two630
roadways thirty feet or more apart, then every crossing of two631
roadways of such highways shall be regarded as a separate632
intersection.633

       (3) The junction of an alley with a street or highway, or634
with another alley, shall not constitute an intersection.635

       (LL) "Crosswalk" means:636

       (1) That part of a roadway at intersections ordinarily637
included within the real or projected prolongation of property638
lines and curb lines or, in the absence of curbs, the edges of the639
traversable roadway;640

       (2) Any portion of a roadway at an intersection or elsewhere, 641
distinctly indicated for pedestrian crossing by lines or other 642
markings on the surface;643

       (3) Notwithstanding divisions (LL)(1) and (2) of this644
section, there shall not be a crosswalk where local authorities645
have placed signs indicating no crossing.646

       (MM) "Safety zone" means the area or space officially set647
apart within a roadway for the exclusive use of pedestrians and648
protected or marked or indicated by adequate signs as to be649
plainly visible at all times.650

       (NN) "Business district" means the territory fronting upon a651
street or highway, including the street or highway, between652
successive intersections within municipal corporations where fifty653
per cent or more of the frontage between such successive654
intersections is occupied by buildings in use for business, or655
within or outside municipal corporations where fifty per cent or656
more of the frontage for a distance of three hundred feet or more657
is occupied by buildings in use for business, and the character of658
such territory is indicated by official traffic control devices.659

       (OO) "Residence district" means the territory, not comprising 660
a business district, fronting on a street or highway, including 661
the street or highway, where, for a distance of three hundred feet 662
or more, the frontage is improved with residences or residences 663
and buildings in use for business.664

       (PP) "Urban district" means the territory contiguous to and665
including any street or highway which is built up with structures666
devoted to business, industry, or dwelling houses situated at667
intervals of less than one hundred feet for a distance of a668
quarter of a mile or more, and the character of such territory is669
indicated by official traffic control devices.670

       (QQ) "Traffic control devices" means all flaggers, signs,671
signals, markings, and devices placed or erected by authority of a672
public body or official having jurisdiction, for the purpose of673
regulating, warning, or guiding traffic, including signs denoting674
names of streets and highways.675

       (RR) "Traffic control signal" means any device, whether676
manually, electrically, or mechanically operated, by which traffic677
is alternately directed to stop, to proceed, to change direction,678
or not to change direction.679

       (SS) "Railroad sign or signal" means any sign, signal, or680
device erected by authority of a public body or official or by a681
railroad and intended to give notice of the presence of railroad682
tracks or the approach of a railroad train.683

       (TT) "Traffic" means pedestrians, ridden or herded animals,684
vehicles, streetcars, trackless trolleys, and other devices,685
either singly or together, while using any highway for purposes of686
travel.687

       (UU) "Right-of-way" means either of the following, as the688
context requires:689

       (1) The right of a vehicle, streetcar, trackless trolley, or690
pedestrian to proceed uninterruptedly in a lawful manner in the691
direction in which it or the individual is moving in preference to692
another vehicle, streetcar, trackless trolley, or pedestrian693
approaching from a different direction into its or the694
individual's path;695

       (2) A general term denoting land, property, or the interest696
therein, usually in the configuration of a strip, acquired for or697
devoted to transportation purposes. When used in this context,698
right-of-way includes the roadway, shoulders or berm, ditch, and699
slopes extending to the right-of-way limits under the control of700
the state or local authority.701

       (VV) "Rural mail delivery vehicle" means every vehicle used702
to deliver United States mail on a rural mail delivery route.703

       (WW) "Funeral escort vehicle" means any motor vehicle,704
including a funeral hearse, while used to facilitate the movement705
of a funeral procession.706

       (XX) "Alley" means a street or highway intended to provide707
access to the rear or side of lots or buildings in urban districts708
and not intended for the purpose of through vehicular traffic, and709
includes any street or highway that has been declared an "alley"710
by the legislative authority of the municipal corporation in which711
such street or highway is located.712

       (YY) "Freeway" means a divided multi-lane highway for through 713
traffic with all crossroads separated in grade and with full 714
control of access.715

       (ZZ) "Expressway" means a divided arterial highway for716
through traffic with full or partial control of access with an717
excess of fifty per cent of all crossroads separated in grade.718

       (AAA) "Thruway" means a through highway whose entire roadway719
is reserved for through traffic and on which roadway parking is720
prohibited.721

       (BBB) "Stop intersection" means any intersection at one or722
more entrances of which stop signs are erected.723

       (CCC) "Arterial street" means any United States or state724
numbered route, controlled access highway, or other major radial725
or circumferential street or highway designated by local726
authorities within their respective jurisdictions as part of a727
major arterial system of streets or highways.728

       (DDD) "Ridesharing arrangement" means the transportation of729
persons in a motor vehicle where such transportation is incidental730
to another purpose of a volunteer driver and includes ridesharing731
arrangements known as carpools, vanpools, and buspools.732

       (EEE) "Motorized wheelchair" means any self-propelled vehicle 733
designed for, and used by, a handicapped person and that is 734
incapable of a speed in excess of eight miles per hour.735

       (FFF) "Child day-care center" and "type A family day-care736
home" have the same meanings as in section 5104.01 of the Revised737
Code.738

       (GGG) "Multi-wheel agricultural tractor" means a type of739
agricultural tractor that has two or more wheels or tires on each740
side of one axle at the rear of the tractor, is designed or used741
for drawing other vehicles or wheeled machinery, has no provision742
for carrying loads independently of the drawn vehicles or743
machinery, and is used principally for agricultural purposes.744

       (HHH) "Operate" means to cause or have caused movement of a745
vehicle, streetcar, or trackless trolley.746

       (III) "Predicate motor vehicle or traffic offense" means any747
of the following:748

       (1) A violation of section 4511.03, 4511.051, 4511.12,749
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,750
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,751
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,752
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,753
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,754
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,755
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,756
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,757
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,758
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;759

       (2) A violation of division (A)(2) of section 4511.17,760
divisions (A) to (D) of section 4511.51, or division (A) of761
section 4511.74 of the Revised Code;762

       (3) A violation of any provision of sections 4511.01 to763
4511.76 of the Revised Code for which no penalty otherwise is764
provided in the section that contains the provision violated;765

       (4) A violation of a municipal ordinance that is766
substantially similar to any section or provision set forth or767
described in division (III)(1), (2), or (3) of this section.768

       Sec. 4511.202.  (A) No person shall operate a motor vehicle,769
trackless trolley, or streetcar, agricultural tractor, or 770
agricultural tractor that is towing, pulling, or otherwise drawing 771
a unit of farm machinery on any street, highway, or property open 772
to the public for vehicular traffic without being in reasonable 773
control of the vehicle, trolley, or streetcar, agricultural 774
tractor, or unit of farm machinery.775

       (B) Whoever violates this section is guilty of operating a776
motor vehicle or agricultural tractor without being in control of 777
it, a minor misdemeanor.778

       Sec. 4513.11.  (A) All vehicles other than bicycles,779
including animal-drawn vehicles and vehicles referred to in780
division (G) of section 4513.02 of the Revised Code, not781
specifically required to be equipped with lamps or other lighting782
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,783
at the times specified in section 4513.03 of the Revised Code, be784
equipped with at least one lamp displaying a white light visible785
from a distance of not less than one thousand feet to the front of786
the vehicle, and also shall be equipped with two lamps displaying787
red light visible from a distance of not less than one thousand788
feet to the rear of the vehicle, or as an alternative, one lamp789
displaying a red light visible from a distance of not less than790
one thousand feet to the rear and two red reflectors visible from791
all distances of six hundred feet to one hundred feet to the rear792
when illuminated by the lawful lower beams of headlamps.793

       Lamps and reflectors required or authorized by this section794
shall meet standards adopted by the director of public safety.795

       (B) All boat trailers, farm machinery, and other machinery,796
including all road construction machinery, upon a street or797
highway, except when being used in actual construction and798
maintenance work in an area guarded by a flagperson, or where799
flares are used, or when operating or traveling within the limits800
of a construction area designated by the director of801
transportation, a city engineer, or the county engineer of the802
several counties, when such construction area is marked in803
accordance with requirements of the director and the manual of804
uniform traffic control devices, as set forth in section 4511.09805
of the Revised Code, which is designed for operation at a speed of806
twenty-five miles per hour or less shall be operated at a speed807
not exceeding twenty-five miles per hour, and shall display a808
triangular slow-moving vehicle emblem (SMV). The emblem shall be809
mounted so as to be visible from a distance of not less than five810
hundred feet to the rear. The director of public safety shall811
adopt standards and specifications for the design and position of812
mounting the SMV emblem. The standards and specifications for SMV813
emblems referred to in this section shall correlate with and, so814
far as possible, conform with those approved by the American815
society of agricultural engineers.816

       A unit of farm machinery that is designed by its manufacturer 817
to operate at a speed greater than twenty-five miles per hour may 818
be operated on a street or highway at a speed greater than 819
twenty-five miles per hour provided it is operated in accordance 820
with this section.821

       As used in this division, "machinery" does not include any822
vehicle designed to be drawn by an animal.823

       (C) The use of the SMV emblem shall be restricted to824
animal-drawn vehicles, and to the slow-moving vehicles specified825
in division (B) of this section operating or traveling within the826
limits of the highway. Its use on slow-moving vehicles being827
transported upon other types of vehicles or on any other type of828
vehicle or stationary object on the highway is prohibited.829

       (D)(1) No person shall sell, lease, rent, or operate any boat830
trailer, farm machinery, or other machinery defined as a831
slow-moving vehicle in division (B) of this section, except those832
units designed to be completely mounted on a primary power unit,833
which is manufactured or assembled on or after April 1, 1966,834
unless the vehicle is equipped with a slow-moving vehicle emblem835
mounting device as specified in division (B) of this section.836

       (2) No person shall sell, lease, rent, or operate on a street 837
or highway any unit of farm machinery that is designed by its 838
manufacturer to operate at a speed greater than twenty-five miles 839
per hour unless the unit displays a slow-moving vehicle emblem as 840
specified in division (B) of this section and a speed 841
identification symbol that meets the specifications contained in 842
the American society of agricultural engineers standard ANSI/ASAE 843
S584 JAN2005, agricultural equipment: speed identification symbol 844
(SIS).845

       (E) Any boat trailer, farm machinery, or other machinery846
defined as a slow-moving vehicle in division (B) of this section,847
in addition to the use of the slow-moving vehicle emblem, and any 848
unit of farm machinery that is designed by its manufacturer to 849
operate at a speed greater than twenty-five miles per hour, in 850
addition to the display of a speed identification symbol, may be851
equipped with a red flashing light that shall be visible from a852
distance of not less than one thousand feet to the rear at all853
times specified in section 4513.03 of the Revised Code. When a854
double-faced light is used, it shall display amber light to the855
front and red light to the rear.856

       In addition to the lights described in this division, farm857
machinery and motor vehicles escorting farm machinery may display858
a flashing, oscillating, or rotating amber light, as permitted by859
section 4513.17 of the Revised Code, and also may display860
simultaneously flashing turn signals or warning lights, as861
permitted by that section.862

       (F) Every animal-drawn vehicle upon a street or highway shall 863
at all times be equipped in one of the following ways:864

       (1) With a slow-moving vehicle emblem complying with division 865
(B) of this section;866

       (2) With alternate reflective material complying with rules867
adopted under this division;868

       (3) With both a slow-moving vehicle emblem and alternate869
reflective material as specified in this division.870

       The director of public safety, subject to Chapter 119. of the871
Revised Code, shall adopt rules establishing standards and872
specifications for the position of mounting of the alternate873
reflective material authorized by this division. The rules shall874
permit, as a minimum, the alternate reflective material to be875
black, gray, or silver in color. The alternate reflective material 876
shall be mounted on the animal-drawn vehicle so as to be visible, 877
at all times specified in section 4513.03 of the Revised Code, 878
from a distance of not less than five hundred feet to the rear 879
when illuminated by the lawful lower beams of headlamps.880

       (G) Every unit of farm machinery that is designed by its 881
manufacturer to operate at a speed greater than twenty-five miles 882
per hour shall display a slow-moving vehicle emblem and a speed 883
identification symbol that meets the specifications contained in 884
the American society of agricultural engineers standard ANSI/ASAE 885
S584 JAN2005, agricultural equipment: speed identification symbol 886
(SIS) when the unit is operated upon a street or highway, 887
irrespective of the speed at which the unit is operated on the 888
street or highway. The speed identification symbol shall indicate 889
the maximum speed in miles per hour at which the unit of farm 890
machinery is designed by its manufacturer to operate. The display 891
of the speed identification symbol shall be in accordance with the 892
standard prescribed in this division.893

       If an agricultural tractor that is designed by its 894
manufacturer to operate at a speed greater than twenty-five miles 895
per hour is being operated on a street or highway at a speed 896
greater than twenty-five miles per hour and is towing, pulling, or 897
otherwise drawing a unit of farm machinery, the unit of farm 898
machinery shall display a slow-moving vehicle emblem and a speed 899
identification symbol that is the same as the speed identification 900
symbol that is displayed on the agricultural tractor.901

       (H) When an agricultural tractor that is designed by its 902
manufacturer to operate at a speed greater than twenty-five miles 903
per hour is being operated on a street or highway at a speed 904
greater than twenty-five miles per hour, the operator shall 905
possess some documentation published or provided by the 906
manufacturer indicating the maximum speed in miles per hour at 907
which the manufacturer designed the agricultural tractor to 908
operate.909

       (I) Whoever violates this section shall be punished as910
provided in section 4513.99 of the Revised Code.911

       (H)(J) As used in this section, "boat trailer" means any912
vehicle designed and used exclusively to transport a boat between913
a place of storage and a marina, or in and around a marina, when914
drawn or towed on a street or highway for a distance of no more915
than ten miles and at a speed of twenty-five miles per hour or916
less.917

       Sec. 4513.99.  (A) Any violation of section 4513.03, 4513.04,918
4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.10, 4513.11 919
except for division (H) of that section, 4513.111, 4513.12,920
4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 4513.18,921
4513.182, 4513.19, 4513.20, 4513.201, 4513.202, 4513.21, 4513.22,922
4513.23, 4513.24, 4513.242, 4513.25, 4513.26, 4513.27, 4513.28,923
4513.29, 4513.30, 4513.31, 4513.32, or 4513.34 of the Revised Code924
shall be punished under division (B) of this section.925

       (B) Whoever violates the sections of this chapter that are926
specifically required to be punished under this division, or any927
provision of sections 4513.03 to 4513.262 or 4513.27 to 4513.37 of928
the Revised Code for which violation no penalty is otherwise929
provided, is guilty of a minor misdemeanor on a first offense; on930
a second offense within one year after the first offense, the931
person is guilty of a misdemeanor of the fourth degree; on each932
subsequent offense within one year after the first offense, the933
person is guilty of a misdemeanor of the third degree.934

       Section 2. That existing sections 4501.01, 4507.03, 4511.01, 935
4511.202, 4513.11, and 4513.99 of the Revised Code are hereby 936
repealed.937

       Section 3.  Section 4511.01 of the Revised Code is presented 938
in this act as a composite of the section as amended by both Sub. 939
H.B. 52 and Sub. H.B. 230 of the 125th General Assembly. The 940
General Assembly, applying the principle stated in division (B) of 941
section 1.52 of the Revised Code that amendments are to be 942
harmonized if reasonably capable of simultaneous operation, finds 943
that the composite is the resulting version of the section in 944
effect prior to the effective date of the section as presented in 945
this act.946