As Passed by the House

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 204

Representatives Letson, Slesnick 

Cosponsors: Representatives Harris, Mallory, Dodd, Winburn, Yuko, Skindell, Domenick, Balderson, McClain, Ruhl, Zehringer, Adams, R., Beck, Bolon, Bubp, Combs, Derickson, Dyer, Evans, Gardner, Garland, Gerberry, Harwood, Luckie, Mecklenborg, Patten, Pillich, Pryor, Sears, Stewart, Uecker, Ujvagi 

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A BILL

To amend sections 4507.05, 4510.12, 4511.53, 4511.69,

1

and 4513.03 of the Revised Code to permit a

2

motorcycle operator to back the motorcycle into an

3

angled parking space, to codify the restrictions

4

that apply to a person who operates a motorcycle

5

pursuant to a motorcycle temporary instruction

6

permit, to clarify the penalties for operating a

7

motorcycle without having either a motorcycle

8

endorsement or the proper restricted license, and

9

to provide generally that lighted daytime running

10

lights satisfy the requirement that motor vehicles

11

display lighted lights at any time when the

12

vehicle's windshield wipers are in use because of

13

precipitation on the windshield.

14

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

Section 1. That sections 4507.05, 4510.12, 4511.53, 4511.69,	15
and 4513.03 of the Revised Code be amended to read as follows:	16

Sec. 4507.05.  (A) The registrar of motor vehicles, or a	17
deputy registrar, upon receiving an application for a temporary	18
instruction permit and a temporary instruction permit	19
identification card for a driver's license from any person who is	20
at least fifteen years six months of age, may issue such a permit	21
and identification card entitling the applicant to drive a motor	22
vehicle, other than a commercial motor vehicle, upon the highways	23
under the following conditions:	24

(1) If the permit is issued to a person who is at least	25
fifteen years six months of age, but less than sixteen years of	26
age:	27

(a) The permit and identification card are in the holder's	28
immediate possession;	29

(b) The holder is accompanied by an eligible adult who	30
actually occupies the seat beside the permit holder and does not	31
have a prohibited concentration of alcohol in the whole blood,	32
blood serum or plasma, breath, or urine as provided in division	33
(A) of section 4511.19 of the Revised Code;	34

(c) The total number of occupants of the vehicle does not	35
exceed the total number of occupant restraining devices originally	36
installed in the motor vehicle by its manufacturer, and each	37
occupant of the vehicle is wearing all of the available elements	38
of a properly adjusted occupant restraining device.	39

(2) If the permit is issued to a person who is at least	40
sixteen years of age:	41

(a) The permit and identification card are in the holder's	42
immediate possession;	43

(b) The holder is accompanied by a licensed operator who is	44
at least twenty-one years of age, is actually occupying a seat	45
beside the driver, and does not have a prohibited concentration of	46
alcohol in the whole blood, blood serum or plasma, breath, or	47
urine as provided in division (A) of section 4511.19 of the	48
Revised Code;	49

(c) The total number of occupants of the vehicle does not	50
exceed the total number of occupant restraining devices originally	51
installed in the motor vehicle by its manufacturer, and each	52
occupant of the vehicle is wearing all of the available elements	53
of a properly adjusted occupant restraining device.	54

(B) The registrar or a deputy registrar, upon receiving from	55
any person an application for a temporary instruction permit and	56
temporary instruction permit identification card to operate a	57
motorcycle or motorized bicycle, may issue such a permit and	58
identification card entitling the applicant, while having the	59
permit and identification card in the applicant's immediate	60
possession, to drive a motorcycle under the restrictions	61
prescribed in section 4511.53 of the Revised Code, or to drive a	62
motorized bicycle under restrictions determined by the registrar.	63
A temporary instruction permit and temporary instruction permit	64
identification card to operate a motorized bicycle may be issued	65
to a person fourteen or fifteen years old.	66

(C) Any permit and identification card issued under this	67
section shall be issued in the same manner as a driver's license,	68
upon a form to be furnished by the registrar. A temporary	69
instruction permit to drive a motor vehicle other than a	70
commercial motor vehicle shall be valid for a period of one year.	71

(D) Any person having in the person's possession a valid and	72
current driver's license or motorcycle operator's license or	73
endorsement issued to the person by another jurisdiction	74
recognized by this state is exempt from obtaining a temporary	75
instruction permit for a driver's license, but shall submit to the	76
regular examination in obtaining a driver's license or motorcycle	77
operator's endorsement in this state.	78

(E) The registrar may adopt rules governing the use of	79
temporary instruction permits and temporary instruction permit	80
identification cards.	81

(F)(1) No holder of a permit issued under division (A) of	82
this section shall operate a motor vehicle upon a highway or any	83
public or private property used by the public for purposes of	84
vehicular travel or parking in violation of the conditions	85
established under division (A) of this section.	86

(2) Except as provided in division (F)(2) of this section, no	87
holder of a permit that is issued under division (A) of this	88
section and that is issued on or after July 1, 1998, and who has	89
not attained the age of eighteen years, shall operate a motor	90
vehicle upon a highway or any public or private property used by	91
the public for purposes of vehicular travel or parking between the	92
hours of midnight and six a.m.	93

The holder of a permit issued under division (A) of this	94
section on or after July 1, 1998, who has not attained the age of	95
eighteen years, may operate a motor vehicle upon a highway or any	96
public or private property used by the public for purposes of	97
vehicular travel or parking between the hours of midnight and six	98
a.m. if, at the time of such operation, the holder is accompanied	99
by the holder's parent, guardian, or custodian, and the parent,	100
guardian, or custodian holds a current valid driver's or	101
commercial driver's license issued by this state, is actually	102
occupying a seat beside the permit holder, and does not have a	103
prohibited concentration of alcohol in the whole blood, blood	104
serum or plasma, breath, or urine as provided in division (A) of	105
section 4511.19 of the Revised Code.	106

(G)(1) Notwithstanding any other provision of law to the	107
contrary, no law enforcement officer shall cause the operator of a	108
motor vehicle being operated on any street or highway to stop the	109
motor vehicle for the sole purpose of determining whether each	110
occupant of the motor vehicle is wearing all of the available	111
elements of a properly adjusted occupant restraining device as	112
required by division (A) of this section, or for the sole purpose	113
of issuing a ticket, citation, or summons if the requirement in	114
that division has been or is being violated, or for causing the	115
arrest of or commencing a prosecution of a person for a violation	116
of that requirement.	117

(2) Notwithstanding any other provision of law to the	118
contrary, no law enforcement officer shall cause the operator of a	119
motor vehicle being operated on any street or highway to stop the	120
motor vehicle for the sole purpose of determining whether a	121
violation of division (F)(2) of this section has been or is being	122
committed or for the sole purpose of issuing a ticket, citation,	123
or summons for such a violation or for causing the arrest of or	124
commencing a prosecution of a person for such violation.	125

(H) As used in this section:

126

(1) "Eligible adult" means any of the following:

127

(a) An instructor of a driver training course approved by the	128
department of public safety;	129

(b) Any of the following persons who holds a current valid	130
driver's or commercial driver's license issued by this state:	131

(i) A parent, guardian, or custodian of the permit holder;

132

(ii) A person twenty-one years of age or older who acts in	133
loco parentis of the permit holder.	134

(2) "Occupant restraining device" has the same meaning as in	135
section 4513.263 of the Revised Code.	136

(I) Whoever violates division (F)(1) or (2) of this section	137
is guilty of a minor misdemeanor.	138

Sec. 4510.12.  (A)(1) No person, except those expressly	139
exempted under sections 4507.03, 4507.04, and 4507.05 of the	140
Revised Code, shall operate any motor vehicle upon a public road	141
or highway or any public or private property used by the public	142
for purposes of vehicular travel or parking in this state unless	143
the person has a valid driver's license issued under Chapter 4507.	144
of the Revised Code or a commercial driver's license issued under	145
Chapter 4506. of the Revised Code.	146

(2) No person, except a person expressly exempted under	147
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall	148
operate any motorcycle upon a public road or highway or any public	149
or private property used by the public for purposes of vehicular	150
travel or parking in this state unless the person has a valid	151
license as a motorcycle operator that was issued upon application	152
by the registrar of motor vehicles under Chapter 4507. of the	153
Revised Code. The license shall be in the form of an endorsement,	154
as determined by the registrar, upon a driver's or commercial	155
driver's license, if the person has a valid license to operate a	156
motor vehicle or commercial motor vehicle, or in the form of a	157
restricted license as provided in section 4507.14 of the Revised	158
Code, if the person does not have a valid license to operate a	159
motor vehicle or commercial motor vehicle.	160

(B) Whoever violates this section is guilty of operating a	161
motor vehicle without a valid license and shall be punished as	162
follows:	163

(1) If the trier of fact finds that the offender never has	164
held a valid driver's or commercial driver's license issued by	165
this state or any other jurisdiction, or, in a case involving the	166
operation of a motorcycle by the offender, the trier of fact finds	167
at the time of such operation the offender did not have a valid	168
license as a motorcycle operator, either in the form of an	169
endorsement upon a driver's or commercial driver's license or in	170
the form of a restricted license, the offense is an unclassified	171
misdemeanor. The offender may be fined up to one thousand dollars	172
and pursuant to division (B) of section 2929.27 of the Revised	173
Code additionally may be ordered to serve a term of community	174
service of up to five hundred hours.	175

(2)(a) Subject to division (B)(2)(b) of this section, if the	176
offender's driver's or commercial driver's license or permit or,	177
in a case involving the operation of a motorcycle by the offender,	178
the offender's driver's or commercial driver's license bearing the	179
motorcycle endorsement or the offender's restricted license was	180
expired at the time of the offense, the offense is a minor	181
misdemeanor.	182

(b) If the offender previously was convicted of or pleaded	183
guilty to three or more violations of this section or a	184
substantially equivalent municipal ordinance within the past three	185
years, the offense is a misdemeanor of the first degree.	186

(C) The court shall not impose a license suspension for a	187
first violation of this section or if more than three years have	188
passed since the offender's last violation of this section or a	189
substantially equivalent municipal ordinance.	190

(D) If the offender was convicted of or pleaded guilty to one	191
or more violations of this section or a substantially equivalent	192
municipal ordinance within the past three years, and if the	193
offender's license was expired for more than six months at the	194
time of the offense, the court shall impose a class seven	195
suspension of the offender's driverdriver's license, commercial	196
driver's license, temporary instruction permit, probationary	197
license, or nonresident operating privilege from the range	198
specified in division (A)(7) of section 4510.02 of the Revised	199
Code.	200

Sec. 4511.53.  (A) For purposes of this section, "snowmobile"	201
has the same meaning as given that term in section 4519.01 of the	202
Revised Code.	203

(B) No person operating a bicycle shall ride other than upon	204
or astride the permanent and regular seat attached thereto or	205
carry any other person upon such bicycle other than upon a firmly	206
attached and regular seat thereon, and no person shall ride upon a	207
bicycle other than upon such a firmly attached and regular seat.	208

No person operating a motorcycle shall ride other than upon	209
or astride the permanent and regular seat or saddle attached	210
thereto, or carry any other person upon such motorcycle other than	211
upon a firmly attached and regular seat or saddle thereon, and no	212
person shall ride upon a motorcycle other than upon such a firmly	213
attached and regular seat or saddle.	214

No person shall ride upon a motorcycle that is equipped with	215
a saddle other than while sitting astride the saddle, facing	216
forward, with one leg on each side of the motorcycle.	217

No person shall ride upon a motorcycle that is equipped with	218
a seat other than while sitting upon the seat.	219

No person operating a bicycle shall carry any package,	220
bundle, or article that prevents the driver from keeping at least	221
one hand upon the handle bars.	222

No bicycle or motorcycle shall be used to carry more persons	223
at one time than the number for which it is designed and equipped,	224
nor shall any motorcycle be operated on a highway when the handle	225
bars or grips are more than fifteen inches higher than the seat or	226
saddle for the operator.	227

No person shall operate or be a passenger on a snowmobile or	228
motorcycle without using safety glasses or other protective eye	229
device. No person who is under the age of eighteen years, or who	230
holds a motorcycle operator's endorsement or license bearing a	231
"novice" designation that is currently in effect as provided in	232
section 4507.13 of the Revised Code, shall operate a motorcycle on	233
a highway, or be a passenger on a motorcycle, unless wearing a	234
protective helmet on the person's head, and no other person shall	235
be a passenger on a motorcycle operated by such a person unless	236
similarly wearing a protective helmet. The helmet, safety glasses,	237
or other protective eye device shall conform with regulations	238
prescribed and promulgatedrules adopted by the director of public	239
safety. The provisions of this paragraph or a violation thereof	240
shall not be used in the trial of any civil action.	241

(C)(1) No person shall operate a motorcycle with a valid	242
temporary instruction permit and temporary instruction permit	243
identification card issued by the registrar of motor vehicles	244
pursuant to section 4507.05 of the Revised Code unless the person,	245
at the time of such operation, is wearing on the person's head a	246
protective helmet that conforms with rules adopted by the	247
director.	248

(2) No person shall operate a motorcycle with a valid	249
temporary instruction permit and temporary instruction permit	250
identification card issued by the registrar pursuant to section	251
4507.05 of the Revised Code in any of the following circumstances:	252

(a) At any time when lighted lights are required by division	253
(A)(1) of section 4513.03 of the Revised Code;	254

(b) While carrying a passenger;

255

(c) On any limited access highway.

256

(D) Nothing in this section shall be construed as prohibiting	257
the carrying of a child in a seat or trailer that is designed for	258
carrying children and is firmly attached to the bicycle.	259

(D)(E) Except as otherwise provided in this division, whoever	260
violates this section is guilty of a minor misdemeanor. If, within	261
one year of the offense, the offender previously has been	262
convicted of or pleaded guilty to one predicate motor vehicle or	263
traffic offense, whoever violates this section is guilty of a	264
misdemeanor of the fourth degree. If, within one year of the	265
offense, the offender previously has been convicted of two or more	266
predicate motor vehicle or traffic offenses, whoever violates this	267
section is guilty of a misdemeanor of the third degree.	268

Sec. 4511.69.  (A) Every vehicle stopped or parked upon a	269
roadway where there is an adjacent curb shall be stopped or parked	270
with the right-hand wheels of the vehicle parallel with and not	271
more than twelve inches from the right-hand curb, unless it is	272
impossible to approach so close to the curb; in such case the stop	273
shall be made as close to the curb as possible and only for the	274
time necessary to discharge and receive passengers or to load or	275
unload merchandise. Local authorities by ordinance may permit	276
angle parking on any roadway under their jurisdiction, except that	277
angle parking shall not be permitted on a state route within a	278
municipal corporation unless an unoccupied roadway width of not	279
less than twenty-five feet is available for free-moving traffic.	280

(B) Local authorities by ordinance may permit parking of	281
vehicles with the left-hand wheels adjacent to and within twelve	282
inches of the left-hand curb of a one-way roadway.	283

(C) No(1) Except as provided in division (C)(2) of this	284
section, no vehicle or trackless trolley shall be stopped or	285
parked on a road or highway with the vehicle or trackless trolley	286
facing in a direction other than the direction of travel on that	287
side of the road or highway.	288

(2) The operator of a motorcycle may back the motorcycle into	289
an angled parking space so that when the motorcycle is parked it	290
is facing in a direction other than the direction of travel on the	291
side of the road or highway.	292

(D) Notwithstanding any statute or any rule, resolution, or	293
ordinance adopted by any local authority, air compressors,	294
tractors, trucks, and other equipment, while being used in the	295
construction, reconstruction, installation, repair, or removal of	296
facilities near, on, over, or under a street or highway, may stop,	297
stand, or park where necessary in order to perform such work,	298
provided a flagperson is on duty or warning signs or lights are	299
displayed as may be prescribed by the director of transportation.	300

(E) Special parking locations and privileges for persons with	301
disabilities that limit or impair the ability to walk, also known	302
as handicapped parking spaces or disability parking spaces, shall	303
be provided and designated by all political subdivisions and by	304
the state and all agencies and instrumentalities thereof at all	305
offices and facilities, where parking is provided, whether owned,	306
rented, or leased, and at all publicly owned parking garages. The	307
locations shall be designated through the posting of an elevated	308
sign, whether permanently affixed or movable, imprinted with the	309
international symbol of access and shall be reasonably close to	310
exits, entrances, elevators, and ramps. All elevated signs posted	311
in accordance with this division and division (C) of section	312
3781.111 of the Revised Code shall be mounted on a fixed or	313
movable post, and the distance from the ground to the top edge of	314
the sign shall measure five feet. If a new sign or a replacement	315
sign designating a special parking location is posted on or after	316
October 14, 1999, there also shall be affixed upon the surface of	317
that sign or affixed next to the designating sign a notice that	318
states the fine applicable for the offense of parking a motor	319
vehicle in the special designated parking location if the motor	320
vehicle is not legally entitled to be parked in that location.	321

(F)(1) No person shall stop, stand, or park any motor vehicle	322
at special parking locations provided under division (E) of this	323
section or at special clearly marked parking locations provided in	324
or on privately owned parking lots, parking garages, or other	325
parking areas and designated in accordance with that division,	326
unless one of the following applies:	327

(a) The motor vehicle is being operated by or for the	328
transport of a person with a disability that limits or impairs the	329
ability to walk and is displaying a valid removable windshield	330
placard or special license plates;	331

(b) The motor vehicle is being operated by or for the	332
transport of a handicapped person and is displaying a parking card	333
or special handicapped license plates.	334

(2) Any motor vehicle that is parked in a special marked	335
parking location in violation of division (F)(1)(a) or (b) of this	336
section may be towed or otherwise removed from the parking	337
location by the law enforcement agency of the political	338
subdivision in which the parking location is located. A motor	339
vehicle that is so towed or removed shall not be released to its	340
owner until the owner presents proof of ownership of the motor	341
vehicle and pays all towing and storage fees normally imposed by	342
that political subdivision for towing and storing motor vehicles.	343
If the motor vehicle is a leased vehicle, it shall not be released	344
to the lessee until the lessee presents proof that that person is	345
the lessee of the motor vehicle and pays all towing and storage	346
fees normally imposed by that political subdivision for towing and	347
storing motor vehicles.	348

(3) If a person is charged with a violation of division	349
(F)(1)(a) or (b) of this section, it is an affirmative defense to	350
the charge that the person suffered an injury not more than	351
seventy-two hours prior to the time the person was issued the	352
ticket or citation and that, because of the injury, the person	353
meets at least one of the criteria contained in division (A)(1) of	354
section 4503.44 of the Revised Code.	355

(G) When a motor vehicle is being operated by or for the	356
transport of a person with a disability that limits or impairs the	357
ability to walk and is displaying a removable windshield placard	358
or a temporary removable windshield placard or special license	359
plates, or when a motor vehicle is being operated by or for the	360
transport of a handicapped person and is displaying a parking card	361
or special handicapped license plates, the motor vehicle is	362
permitted to park for a period of two hours in excess of the legal	363
parking period permitted by local authorities, except where local	364
ordinances or police rules provide otherwise or where the vehicle	365
is parked in such a manner as to be clearly a traffic hazard.	366

(H) No owner of an office, facility, or parking garage where	367
special parking locations are required to be designated in	368
accordance with division (E) of this section shall fail to	369
properly mark the special parking locations in accordance with	370
that division or fail to maintain the markings of the special	371
locations, including the erection and maintenance of the fixed or	372
movable signs.	373

(I) Nothing in this section shall be construed to require a	374
person or organization to apply for a removable windshield placard	375
or special license plates if the parking card or special license	376
plates issued to the person or organization under prior law have	377
not expired or been surrendered or revoked.	378

(J)(1) Whoever violates division (A) or (C) of this section	379
is guilty of a minor misdemeanor.	380

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	381
section is guilty of a misdemeanor and shall be punished as	382
provided in division (J)(2)(a) and (b) of this section. Except as	383
otherwise provided in division (J)(2)(a) of this section, an	384
offender who violates division (F)(1)(a) or (b) of this section	385
shall be fined not less than two hundred fifty nor more than five	386
hundred dollars. An offender who violates division (F)(1)(a) or	387
(b) of this section shall be fined not more than one hundred	388
dollars if the offender, prior to sentencing, proves either of the	389
following to the satisfaction of the court:	390

(i) At the time of the violation of division (F)(1)(a) of	391
this section, the offender or the person for whose transport the	392
motor vehicle was being operated had been issued a removable	393
windshield placard that then was valid or special license plates	394
that then were valid but the offender or the person neglected to	395
display the placard or license plates as described in division	396
(F)(1)(a) of this section.	397

(ii) At the time of the violation of division (F)(1)(b) of	398
this section, the offender or the person for whose transport the	399
motor vehicle was being operated had been issued a parking card	400
that then was valid or special handicapped license plates that	401
then were valid but the offender or the person neglected to	402
display the card or license plates as described in division	403
(F)(1)(b) of this section.	404

(b) In no case shall an offender who violates division	405
(F)(1)(a) or (b) of this section be sentenced to any term of	406
imprisonment.	407

An arrest or conviction for a violation of division (F)(1)(a)	408
or (b) of this section does not constitute a criminal record and	409
need not be reported by the person so arrested or convicted in	410
response to any inquiries contained in any application for	411
employment, license, or other right or privilege, or made in	412
connection with the person's appearance as a witness.	413

The clerk of the court shall pay every fine collected under	414
division (J)(2) of this section to the political subdivision in	415
which the violation occurred. Except as provided in division	416
(J)(2) of this section, the political subdivision shall use the	417
fine moneys it receives under division (J)(2) of this section to	418
pay the expenses it incurs in complying with the signage and	419
notice requirements contained in division (E) of this section. The	420
political subdivision may use up to fifty per cent of each fine it	421
receives under division (J)(2) of this section to pay the costs of	422
educational, advocacy, support, and assistive technology programs	423
for persons with disabilities, and for public improvements within	424
the political subdivision that benefit or assist persons with	425
disabilities, if governmental agencies or nonprofit organizations	426
offer the programs.	427

(3) Whoever violates division (H) of this section shall be	428
punished as follows:	429

(a) Except as otherwise provided in division (J)(3) of this	430
section, the offender shall be issued a warning.	431

(b) If the offender previously has been convicted of or	432
pleaded guilty to a violation of division (H) of this section or	433
of a municipal ordinance that is substantially similar to that	434
division, the offender shall not be issued a warning but shall be	435
fined not more than twenty-five dollars for each parking location	436
that is not properly marked or whose markings are not properly	437
maintained.	438

(K) As used in this section:

439

(1) "Handicapped person" means any person who has lost the	440
use of one or both legs or one or both arms, who is blind, deaf,	441
or so severely handicapped as to be unable to move without the aid	442
of crutches or a wheelchair, or whose mobility is restricted by a	443
permanent cardiovascular, pulmonary, or other handicapping	444
condition.	445

(2) "Person with a disability that limits or impairs the	446
ability to walk" has the same meaning as in section 4503.44 of the	447
Revised Code.	448

(3) "Special license plates" and "removable windshield	449
placard" mean any license plates or removable windshield placard	450
or temporary removable windshield placard issued under section	451
4503.41 or 4503.44 of the Revised Code, and also mean any	452
substantially similar license plates or removable windshield	453
placard or temporary removable windshield placard issued by a	454
state, district, country, or sovereignty.	455

Sec. 4513.03.  (A) EveryExcept as otherwise provided in	456
division (A)(3) of this section, every vehicle, other than a	457
motorized bicycle, operated upon a street or highway within this	458
state shall display lighted lights and illuminating devices as	459
required by sections 4513.04 to 4513.37 of the Revised Code during	460
all of the following times:	461

(1) The time from sunset to sunrise;

462

(2) At any other time when, due to insufficient natural light	463
or unfavorable atmospheric conditions, persons, vehicles, and	464
substantial objects on the highway are not discernible at a	465
distance of one thousand feet ahead;	466

(3) At any time when the windshield wipers of the vehicle are	467
in use because of precipitation on the windshield; provided, that	468
this requirement is satisfied if a vehicle displays lighted	469
daytime running lights as those lights are described in federal	470
motor vehicle safety standard number one hundred eight, 49 C.F.R.	471
571.108, as amended, and at the time of such display of lighted	472
daytime running lights division (A)(1) or (2) of this section does	473
not apply.	474

Every motorized bicycle shall display at such times lighted	475
lights meeting the rules adopted by the director of public safety	476
under section 4511.521 of the Revised Code. No motor vehicle,	477
during any time specified in this section, shall be operated upon	478
a street or highway within this state using only parking lights as	479
illumination.	480

Whenever in such sections a requirement is declared as to the	481
distance from which certain lamps and devices shall render objects	482
visible, or within which such lamps or devices shall be visible,	483
such distance shall be measured upon a straight level unlighted	484
highway under normal atmospheric conditions unless a different	485
condition is expressly stated.	486

Whenever in such sections a requirement is declared as to the	487
mounted height of lights or devices, it shall mean from the center	488
of such light or device to the level ground upon which the vehicle	489
stands.	490

(B) Notwithstanding any provision of law to the contrary, no	491
law enforcement officer shall cause the operator of a vehicle	492
being operated upon a street or highway within this state to stop	493
the vehicle solely because the officer observes that a violation	494
of division (A)(3) of this section has been or is being committed	495
or for the sole purpose of issuing a ticket, citation, or summons	496
for a violation of that division, or causing the arrest of or	497
commencing a prosecution of a person for a violation of that	498
division.	499

(C) Whoever violates this section is guilty of a minor	500
misdemeanor.	501

Section 2. That existing sections 4507.05, 4510.12, 4511.53,	502
4511.69, and 4513.03 of the Revised Code are hereby repealed.	503

Section 3.  Section 4513.03 of the Revised Code is presented	504
in this act as a composite of the section as amended by both Am.	505
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly. The	506
General Assembly, applying the principle stated in division (B) of	507
section 1.52 of the Revised Code that amendments are to be	508
harmonized if reasonably capable of simultaneous operation, finds	509
that the composite is the resulting version of the section in	510
effect prior to the effective date of the section as presented in	511
this act.	512