As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 395


Representative Maag 

Cosponsors: Representatives Brenner, Terhar, Adams, J., Goodwin, Wachtmann, Blair, Yuko 

A BILL
To amend sections 4511.21 and 4511.35 of the Revised 1
Code to increase the speed limit on interstate 2
freeways from 65 to 70 miles per hour for all 3
vehicles and to limit the use of the left-hand 4
lane of interstate freeways.5


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

       Section 1.  That sections 4511.21 and 4511.35 of the Revised 6
Code be amended to read as follows:7

       Sec. 4511.21.  (A) No person shall operate a motor vehicle, 8
trackless trolley, or streetcar at a speed greater or less than is 9
reasonable or proper, having due regard to the traffic, surface, 10
and width of the street or highway and any other conditions, and 11
no person shall drive any motor vehicle, trackless trolley, or 12
streetcar in and upon any street or highway at a greater speed 13
than will permit the person to bring it to a stop within the 14
assured clear distance ahead.15

       (B) It is prima-facie lawful, in the absence of a lower limit 16
declared or established pursuant to this section by the director 17
of transportation or local authorities, for the operator of a 18
motor vehicle, trackless trolley, or streetcar to operate the same 19
at a speed not exceeding the following:20

       (1)(a) Twenty miles per hour in school zones during school 21
recess and while children are going to or leaving school during 22
the opening or closing hours, and when twenty miles per hour 23
school speed limit signs are erected; except that, on 24
controlled-access highways and expressways, if the right-of-way 25
line fence has been erected without pedestrian opening, the speed 26
shall be governed by division (B)(4) of this section and on 27
freeways, if the right-of-way line fence has been erected without 28
pedestrian opening, the speed shall be governed by divisions 29
(B)(9) and (10) of this section. The end of every school zone may 30
be marked by a sign indicating the end of the zone. Nothing in 31
this section or in the manual and specifications for a uniform 32
system of traffic control devices shall be construed to require 33
school zones to be indicated by signs equipped with flashing or 34
other lights, or giving other special notice of the hours in which 35
the school zone speed limit is in effect.36

       (b) As used in this section and in section 4511.212 of the 37
Revised Code, "school" means any school chartered under section 38
3301.16 of the Revised Code and any nonchartered school that 39
during the preceding year filed with the department of education 40
in compliance with rule 3301-35-08 of the Ohio Administrative 41
Code, a copy of the school's report for the parents of the 42
school's pupils certifying that the school meets Ohio minimum 43
standards for nonchartered, nontax-supported schools and presents 44
evidence of this filing to the jurisdiction from which it is 45
requesting the establishment of a school zone. "School" also 46
includes a special elementary school that in writing requests the 47
county engineer of the county in which the special elementary 48
school is located to create a school zone at the location of that 49
school. Upon receipt of such a written request, the county 50
engineer shall create a school zone at that location by erecting 51
the appropriate signs.52

       (c) As used in this section, "school zone" means that portion 53
of a street or highway passing a school fronting upon the street 54
or highway that is encompassed by projecting the school property 55
lines to the fronting street or highway, and also includes that 56
portion of a state highway. Upon request from local authorities 57
for streets and highways under their jurisdiction and that portion 58
of a state highway under the jurisdiction of the director of 59
transportation or a request from a county engineer in the case of 60
a school zone for a special elementary school, the director may 61
extend the traditional school zone boundaries. The distances in 62
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not 63
exceed three hundred feet per approach per direction and are 64
bounded by whichever of the following distances or combinations 65
thereof the director approves as most appropriate:66

       (i) The distance encompassed by projecting the school 67
building lines normal to the fronting highway and extending a 68
distance of three hundred feet on each approach direction;69

       (ii) The distance encompassed by projecting the school 70
property lines intersecting the fronting highway and extending a 71
distance of three hundred feet on each approach direction;72

       (iii) The distance encompassed by the special marking of the 73
pavement for a principal school pupil crosswalk plus a distance of 74
three hundred feet on each approach direction of the highway.75

       Nothing in this section shall be construed to invalidate the 76
director's initial action on August 9, 1976, establishing all 77
school zones at the traditional school zone boundaries defined by 78
projecting school property lines, except when those boundaries are 79
extended as provided in divisions (B)(1)(a) and (c) of this 80
section.81

       (d) As used in this division, "crosswalk" has the meaning 82
given that term in division (LL)(2) of section 4511.01 of the 83
Revised Code.84

       The director may, upon request by resolution of the 85
legislative authority of a municipal corporation, the board of 86
trustees of a township, or a county board of developmental 87
disabilities created pursuant to Chapter 5126. of the Revised 88
Code, and upon submission by the municipal corporation, township, 89
or county board of such engineering, traffic, and other 90
information as the director considers necessary, designate a 91
school zone on any portion of a state route lying within the 92
municipal corporation, lying within the unincorporated territory 93
of the township, or lying adjacent to the property of a school 94
that is operated by such county board, that includes a crosswalk 95
customarily used by children going to or leaving a school during 96
recess and opening and closing hours, whenever the distance, as 97
measured in a straight line, from the school property line nearest 98
the crosswalk to the nearest point of the crosswalk is no more 99
than one thousand three hundred twenty feet. Such a school zone 100
shall include the distance encompassed by the crosswalk and 101
extending three hundred feet on each approach direction of the 102
state route.103

       (e) As used in this section, "special elementary school" 104
means a school that meets all of the following criteria:105

       (i) It is not chartered and does not receive tax revenue from 106
any source.107

       (ii) It does not educate children beyond the eighth grade.108

       (iii) It is located outside the limits of a municipal 109
corporation.110

       (iv) A majority of the total number of students enrolled at 111
the school are not related by blood.112

       (v) The principal or other person in charge of the special 113
elementary school annually sends a report to the superintendent of 114
the school district in which the special elementary school is 115
located indicating the total number of students enrolled at the 116
school, but otherwise the principal or other person in charge does 117
not report any other information or data to the superintendent.118

       (2) Twenty-five miles per hour in all other portions of a 119
municipal corporation, except on state routes outside business 120
districts, through highways outside business districts, and 121
alleys;122

       (3) Thirty-five miles per hour on all state routes or through 123
highways within municipal corporations outside business districts, 124
except as provided in divisions (B)(4) and (6) of this section;125

       (4) Fifty miles per hour on controlled-access highways and 126
expressways within municipal corporations;127

       (5) Fifty-five miles per hour on highways outside municipal 128
corporations, other than highways within island jurisdictions as 129
provided in division (B)(8) of this section and freeways as 130
provided in divisions (B)(13) and (14) of this section;131

       (6) Fifty miles per hour on state routes within municipal 132
corporations outside urban districts unless a lower prima-facie 133
speed is established as further provided in this section;134

       (7) Fifteen miles per hour on all alleys within the municipal 135
corporation;136

       (8) Thirty-five miles per hour on highways outside municipal 137
corporations that are within an island jurisdiction;138

       (9) Fifty-five miles per hour at all times on freeways with 139
paved shoulders inside municipal corporations, other than freeways 140
as provided in divisions (B)(13) and (14) of this section;141

       (10) Fifty-five miles per hour at all times on freeways 142
outside municipal corporations, other than freeways as provided in 143
divisions (B)(13) and (14) of this section;144

       (11) Fifty-five miles per hour at all times on all portions 145
of freeways that are part of the interstate system and on all 146
portions of freeways that are not part of the interstate system, 147
but are built to the standards and specifications that are 148
applicable to freeways that are part of the interstate system for 149
operators of any motor vehicle weighing in excess of eight 150
thousand pounds empty weight and any noncommercial bus, except as 151
provided in division (B)(14) of this section;152

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

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

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

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

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

       (14) Sixty-fiveSeventy miles per hour at all times on all 182
portions of freeways that are part of the interstate system and 183
that had such a speed limit on the effective date of this 184
amendment for operators of any motor vehicle weighing in excess of 185
eight thousand pounds empty weight and any noncommercial bus.186

       (C) It is prima-facie unlawful for any person to exceed any 187
of the speed limitations in divisions (B)(1)(a), (2), (3), (4), 188
(6), (7), and (8) of this section, or any declared or established 189
pursuant to this section by the director or local authorities and 190
it is unlawful for any person to exceed any of the speed 191
limitations in division (D) of this section. No person shall be 192
convicted of more than one violation of this section for the same 193
conduct, although violations of more than one provision of this 194
section may be charged in the alternative in a single affidavit.195

       (D) No person shall operate a motor vehicle, trackless 196
trolley, or streetcar upon a street or highway as follows:197

       (1) At a speed exceeding fifty-five miles per hour, except 198
upon a freeway as provided in divisions (B)(13) and (14) of this 199
section;200

       (2) At a speed exceeding sixty-five miles per hour upon a 201
freeway as provided in divisionsdivision (B)(13) and (14) of this 202
section, except upon a freeway as provided in division (B)(14) of 203
this section;204

       (3) If a motor vehicle weighing in excess of eight thousand 205
pounds empty weight or a noncommercial bus as prescribed in 206
division (B)(11) of this section, at a speed exceeding fifty-five 207
miles per hour, except upon a freeway as provided in that division 208
(B)(14) of this section;209

       (4) At a speed exceeding the posted speed limit upon a 210
freeway for which the director has determined and declared a speed 211
limit of not more than sixty-five miles per hour pursuant to 212
division (L)(2) or (M) of this section;213

       (5) At a speed exceeding sixty-five miles per hour upon a 214
freeway for which such a speed limit has been established through 215
the operation of division (L)(3) of this section;216

       (6) At a speed exceeding the posted speed limit upon a 217
freeway for which the director has determined and declared a speed 218
limit pursuant to division (I)(2) of this section;219

       (7) At a speed exceeding seventy miles per hour upon a 220
freeway as provided in division (B)(14) of this section.221

       (E) In every charge of violation of this section the 222
affidavit and warrant shall specify the time, place, and speed at 223
which the defendant is alleged to have driven, and in charges made 224
in reliance upon division (C) of this section also the speed which 225
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit 226
declared or established pursuant to, this section declares is 227
prima-facie lawful at the time and place of such alleged 228
violation, except that in affidavits where a person is alleged to 229
have driven at a greater speed than will permit the person to 230
bring the vehicle to a stop within the assured clear distance 231
ahead the affidavit and warrant need not specify the speed at 232
which the defendant is alleged to have driven.233

       (F) When a speed in excess of both a prima-facie limitation 234
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of 235
this section is alleged, the defendant shall be charged in a 236
single affidavit, alleging a single act, with a violation 237
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or 238
(8) of this section, or of a limit declared or established 239
pursuant to this section by the director or local authorities, and 240
of the limitation in division (D)(1), (2), (3), (4), (5), or (6)241
of this section. If the court finds a violation of division 242
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared 243
or established pursuant to, this section has occurred, it shall 244
enter a judgment of conviction under such division and dismiss the 245
charge under division (D)(1), (2), (3), (4), (5), or (6) of this 246
section. If it finds no violation of division (B)(1)(a), (2), (3), 247
(4), (6), (7), or (8) of, or a limit declared or established 248
pursuant to, this section, it shall then consider whether the 249
evidence supports a conviction under division (D)(1), (2), (3), 250
(4), (5), or (6) of this section.251

       (G) Points shall be assessed for violation of a limitation 252
under division (D) of this section in accordance with section 253
4510.036 of the Revised Code.254

       (H) Whenever the director determines upon the basis of a 255
geometric and traffic characteristic study that any speed limit 256
set forth in divisions (B)(1)(a) to (D) of this section is greater 257
or less than is reasonable or safe under the conditions found to 258
exist at any portion of a street or highway under the jurisdiction 259
of the director, the director shall determine and declare a 260
reasonable and safe prima-facie speed limit, which shall be 261
effective when appropriate signs giving notice of it are erected 262
at the location.263

       (I)(1) Except as provided in divisions (I)(2) and (K) of this 264
section, whenever local authorities determine upon the basis of an 265
engineering and traffic investigation that the speed permitted by 266
divisions (B)(1)(a) to (D) of this section, on any part of a 267
highway under their jurisdiction, is greater than is reasonable 268
and safe under the conditions found to exist at such location, the 269
local authorities may by resolution request the director to 270
determine and declare a reasonable and safe prima-facie speed 271
limit. Upon receipt of such request the director may determine and 272
declare a reasonable and safe prima-facie speed limit at such 273
location, and if the director does so, then such declared speed 274
limit shall become effective only when appropriate signs giving 275
notice thereof are erected at such location by the local 276
authorities. The director may withdraw the declaration of a 277
prima-facie speed limit whenever in the director's opinion the 278
altered prima-facie speed becomes unreasonable. Upon such 279
withdrawal, the declared prima-facie speed shall become 280
ineffective and the signs relating thereto shall be immediately 281
removed by the local authorities.282

       (2) A local authority may determine on the basis of a 283
geometric and traffic characteristic study that the speed limit of 284
sixty-five miles per hour on a portion of a freeway under its 285
jurisdiction that was established through the operation of 286
division (L)(3) of this section is greater than is reasonable or 287
safe under the conditions found to exist at that portion of the 288
freeway. If the local authority makes such a determination, the 289
local authority by resolution may request the director to 290
determine and declare a reasonable and safe speed limit of not 291
less than fifty-five miles per hour for that portion of the 292
freeway. If the director takes such action, the declared speed 293
limit becomes effective only when appropriate signs giving notice 294
of it are erected at such location by the local authority.295

       (J) Local authorities in their respective jurisdictions may 296
authorize by ordinance higher prima-facie speeds than those stated 297
in this section upon through highways, or upon highways or 298
portions thereof where there are no intersections, or between 299
widely spaced intersections, provided signs are erected giving 300
notice of the authorized speed, but local authorities shall not 301
modify or alter the basic rule set forth in division (A) of this 302
section or in any event authorize by ordinance a speed in excess 303
of fifty miles per hour.304

       Alteration of prima-facie limits on state routes by local 305
authorities shall not be effective until the alteration has been 306
approved by the director. The director may withdraw approval of 307
any altered prima-facie speed limits whenever in the director's 308
opinion any altered prima-facie speed becomes unreasonable, and 309
upon such withdrawal, the altered prima-facie speed shall become 310
ineffective and the signs relating thereto shall be immediately 311
removed by the local authorities.312

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of this 313
section, "unimproved highway" means a highway consisting of any of 314
the following:315

       (a) Unimproved earth;316

       (b) Unimproved graded and drained earth;317

       (c) Gravel.318

       (2) Except as otherwise provided in divisions (K)(4) and (5) 319
of this section, whenever a board of township trustees determines 320
upon the basis of an engineering and traffic investigation that 321
the speed permitted by division (B)(5) of this section on any part 322
of an unimproved highway under its jurisdiction and in the 323
unincorporated territory of the township is greater than is 324
reasonable or safe under the conditions found to exist at the 325
location, the board may by resolution declare a reasonable and 326
safe prima-facie speed limit of fifty-five but not less than 327
twenty-five miles per hour. An altered speed limit adopted by a 328
board of township trustees under this division becomes effective 329
when appropriate traffic control devices, as prescribed in section 330
4511.11 of the Revised Code, giving notice thereof are erected at 331
the location, which shall be no sooner than sixty days after 332
adoption of the resolution.333

       (3)(a) Whenever, in the opinion of a board of township 334
trustees, any altered prima-facie speed limit established by the 335
board under this division becomes unreasonable, the board may 336
adopt a resolution withdrawing the altered prima-facie speed 337
limit. Upon the adoption of such a resolution, the altered 338
prima-facie speed limit becomes ineffective and the traffic 339
control devices relating thereto shall be immediately removed.340

       (b) Whenever a highway ceases to be an unimproved highway and 341
the board has adopted an altered prima-facie speed limit pursuant 342
to division (K)(2) of this section, the board shall, by 343
resolution, withdraw the altered prima-facie speed limit as soon 344
as the highway ceases to be unimproved. Upon the adoption of such 345
a resolution, the altered prima-facie speed limit becomes 346
ineffective and the traffic control devices relating thereto shall 347
be immediately removed.348

       (4)(a) If the boundary of two townships rests on the 349
centerline of an unimproved highway in unincorporated territory 350
and both townships have jurisdiction over the highway, neither of 351
the boards of township trustees of such townships may declare an 352
altered prima-facie speed limit pursuant to division (K)(2) of 353
this section on the part of the highway under their joint 354
jurisdiction unless the boards of township trustees of both of the 355
townships determine, upon the basis of an engineering and traffic 356
investigation, that the speed permitted by division (B)(5) of this 357
section is greater than is reasonable or safe under the conditions 358
found to exist at the location and both boards agree upon a 359
reasonable and safe prima-facie speed limit of less than 360
fifty-five but not less than twenty-five miles per hour for that 361
location. If both boards so agree, each shall follow the procedure 362
specified in division (K)(2) of this section for altering the 363
prima-facie speed limit on the highway. Except as otherwise 364
provided in division (K)(4)(b) of this section, no speed limit 365
altered pursuant to division (K)(4)(a) of this section may be 366
withdrawn unless the boards of township trustees of both townships 367
determine that the altered prima-facie speed limit previously 368
adopted becomes unreasonable and each board adopts a resolution 369
withdrawing the altered prima-facie speed limit pursuant to the 370
procedure specified in division (K)(3)(a) of this section.371

       (b) Whenever a highway described in division (K)(4)(a) of 372
this section ceases to be an unimproved highway and two boards of 373
township trustees have adopted an altered prima-facie speed limit 374
pursuant to division (K)(4)(a) of this section, both boards shall, 375
by resolution, withdraw the altered prima-facie speed limit as 376
soon as the highway ceases to be unimproved. Upon the adoption of 377
the resolution, the altered prima-facie speed limit becomes 378
ineffective and the traffic control devices relating thereto shall 379
be immediately removed.380

       (5) As used in division (K)(5) of this section:381

       (a) "Commercial subdivision" means any platted territory 382
outside the limits of a municipal corporation and fronting a 383
highway where, for a distance of three hundred feet or more, the 384
frontage is improved with buildings in use for commercial 385
purposes, or where the entire length of the highway is less than 386
three hundred feet long and the frontage is improved with 387
buildings in use for commercial purposes.388

       (b) "Residential subdivision" means any platted territory 389
outside the limits of a municipal corporation and fronting a 390
highway, where, for a distance of three hundred feet or more, the 391
frontage is improved with residences or residences and buildings 392
in use for business, or where the entire length of the highway is 393
less than three hundred feet long and the frontage is improved 394
with residences or residences and buildings in use for business.395

       Whenever a board of township trustees finds upon the basis of 396
an engineering and traffic investigation that the prima-facie 397
speed permitted by division (B)(5) of this section on any part of 398
a highway under its jurisdiction that is located in a commercial 399
or residential subdivision, except on highways or portions thereof 400
at the entrances to which vehicular traffic from the majority of 401
intersecting highways is required to yield the right-of-way to 402
vehicles on such highways in obedience to stop or yield signs or 403
traffic control signals, is greater than is reasonable and safe 404
under the conditions found to exist at the location, the board may 405
by resolution declare a reasonable and safe prima-facie speed 406
limit of less than fifty-five but not less than twenty-five miles 407
per hour at the location. An altered speed limit adopted by a 408
board of township trustees under this division shall become 409
effective when appropriate signs giving notice thereof are erected 410
at the location by the township. Whenever, in the opinion of a 411
board of township trustees, any altered prima-facie speed limit 412
established by it under this division becomes unreasonable, it may 413
adopt a resolution withdrawing the altered prima-facie speed, and 414
upon such withdrawal, the altered prima-facie speed shall become 415
ineffective, and the signs relating thereto shall be immediately 416
removed by the township.417

       (L)(1) Within one hundred twenty days of February 29, 1996, 418
the director of transportation, based upon a geometric and traffic 419
characteristic study of a freeway that is part of the interstate 420
system or that is not part of the interstate system, but is built 421
to the standards and specifications that are applicable to 422
freeways that are part of the interstate system, in consultation 423
with the director of public safety and, if applicable, the local 424
authority having jurisdiction over a portion of such freeway, may 425
determine and declare that the speed limit of less than sixty-five 426
miles per hour established on such freeway or portion of freeway 427
either is reasonable and safe or is less than that which is 428
reasonable and safe.429

       (2) If the established speed limit for such a freeway or 430
portion of freeway is determined to be less than that which is 431
reasonable and safe, the director of transportation, in 432
consultation with the director of public safety and, if 433
applicable, the local authority having jurisdiction over the 434
portion of freeway, shall determine and declare a reasonable and 435
safe speed limit of not more than sixty-five miles per hour for 436
that freeway or portion of freeway.437

       The director of transportation or local authority having 438
jurisdiction over the freeway or portion of freeway shall erect 439
appropriate signs giving notice of the speed limit at such 440
location within one hundred fifty days of February 29, 1996. Such 441
speed limit becomes effective only when such signs are erected at 442
the location.443

       (3) If, within one hundred twenty days of February 29, 1996, 444
the director of transportation does not make a determination and 445
declaration of a reasonable and safe speed limit for a freeway or 446
portion of freeway that is part of the interstate system or that 447
is not part of the interstate system, but is built to the 448
standards and specifications that are applicable to freeways that 449
are part of the interstate system and that has a speed limit of 450
less than sixty-five miles per hour, the speed limit on that 451
freeway or portion of a freeway shall be sixty-five miles per 452
hour. The director of transportation or local authority having 453
jurisdiction over the freeway or portion of the freeway shall 454
erect appropriate signs giving notice of the speed limit of 455
sixty-five miles per hour at such location within one hundred 456
fifty days of February 29, 1996. Such speed limit becomes 457
effective only when such signs are erected at the location. A 458
speed limit established through the operation of division (L)(3) 459
of this section is subject to reduction under division (I)(2) of 460
this section.461

       (M) Within three hundred sixty days after February 29, 1996, 462
the director of transportation, based upon a geometric and traffic 463
characteristic study of a rural, divided, multi-lane highway that 464
has been designated as part of the national highway system under 465
the "National Highway System Designation Act of 1995," 109 Stat. 466
568, 23 U.S.C.A. 103, in consultation with the director of public 467
safety and, if applicable, the local authority having jurisdiction 468
over a portion of the highway, may determine and declare that the 469
speed limit of less than sixty-five miles per hour established on 470
the highway or portion of highway either is reasonable and safe or 471
is less than that which is reasonable and safe.472

       If the established speed limit for the highway or portion of 473
highway is determined to be less than that which is reasonable and 474
safe, the director of transportation, in consultation with the 475
director of public safety and, if applicable, the local authority 476
having jurisdiction over the portion of highway, shall determine 477
and declare a reasonable and safe speed limit of not more than 478
sixty-five miles per hour for that highway or portion of highway. 479
The director of transportation or local authority having 480
jurisdiction over the highway or portion of highway shall erect 481
appropriate signs giving notice of the speed limit at such 482
location within three hundred ninety days after February 29, 1996. 483
The speed limit becomes effective only when such signs are erected 484
at the location.485

       (N)(1)(a) If the boundary of two local authorities rests on 486
the centerline of a highway and both authorities have jurisdiction 487
over the highway, the speed limit for the part of the highway 488
within their joint jurisdiction shall be either one of the 489
following as agreed to by both authorities:490

       (i) Either prima-facie speed limit permitted by division (B) 491
of this section;492

       (ii) An altered speed limit determined and posted in 493
accordance with this section.494

       (b) If the local authorities are unable to reach an 495
agreement, the speed limit shall remain as established and posted 496
under this section.497

       (2) Neither local authority may declare an altered 498
prima-facie speed limit pursuant to this section on the part of 499
the highway under their joint jurisdiction unless both of the 500
local authorities determine, upon the basis of an engineering and 501
traffic investigation, that the speed permitted by this section is 502
greater than is reasonable or safe under the conditions found to 503
exist at the location and both authorities agree upon a uniform 504
reasonable and safe prima-facie speed limit of less than 505
fifty-five but not less than twenty-five miles per hour for that 506
location. If both authorities so agree, each shall follow the 507
procedure specified in this section for altering the prima-facie 508
speed limit on the highway, and the speed limit for the part of 509
the highway within their joint jurisdiction shall be uniformly 510
altered. No altered speed limit may be withdrawn unless both local 511
authorities determine that the altered prima-facie speed limit 512
previously adopted becomes unreasonable and each adopts a 513
resolution withdrawing the altered prima-facie speed limit 514
pursuant to the procedure specified in this section.515

       (O) As used in this section:516

       (1) "Interstate system" has the same meaning as in 23 517
U.S.C.A. 101.518

       (2) "Commercial bus" means a motor vehicle designed for 519
carrying more than nine passengers and used for the transportation 520
of persons for compensation.521

       (3) "Noncommercial bus" includes but is not limited to a 522
school bus or a motor vehicle operated solely for the 523
transportation of persons associated with a charitable or 524
nonprofit organization.525

       (P)(1) A violation of any provision of this section is one of 526
the following:527

       (a) Except as otherwise provided in divisions (P)(1)(b), 528
(1)(c), (2), and (3) of this section, a minor misdemeanor;529

       (b) If, within one year of the offense, the offender 530
previously has been convicted of or pleaded guilty to two 531
violations of any provision of this section or of any provision of 532
a municipal ordinance that is substantially similar to any 533
provision of this section, a misdemeanor of the fourth degree;534

       (c) If, within one year of the offense, the offender 535
previously has been convicted of or pleaded guilty to three or 536
more violations of any provision of this section or of any 537
provision of a municipal ordinance that is substantially similar 538
to any provision of this section, a misdemeanor of the third 539
degree.540

       (2) If the offender has not previously been convicted of or 541
pleaded guilty to a violation of any provision of this section or 542
of any provision of a municipal ordinance that is substantially 543
similar to this section and operated a motor vehicle faster than 544
thirty-five miles an hour in a business district of a municipal 545
corporation, faster than fifty miles an hour in other portions of 546
a municipal corporation, or faster than thirty-five miles an hour 547
in a school zone during recess or while children are going to or 548
leaving school during the school's opening or closing hours, a 549
misdemeanor of the fourth degree.550

       (3) Notwithstanding division (P)(1) of this section, if the 551
offender operated a motor vehicle in a construction zone where a 552
sign was then posted in accordance with section 4511.98 of the 553
Revised Code, the court, in addition to all other penalties 554
provided by law, shall impose upon the offender a fine of two 555
times the usual amount imposed for the violation. No court shall 556
impose a fine of two times the usual amount imposed for the 557
violation upon an offender if the offender alleges, in an 558
affidavit filed with the court prior to the offender's sentencing, 559
that the offender is indigent and is unable to pay the fine 560
imposed pursuant to this division and if the court determines that 561
the offender is an indigent person and unable to pay the fine.562

       Sec. 4511.35.  (A) Whenever any highway has been divided into 563
two roadways by an intervening space, or by a physical barrier, or 564
clearly indicated dividing section so constructed as to impede 565
vehicular traffic, every vehicle shall be driven only upon the 566
right-hand roadway, and no vehicle shall be driven over, across, 567
or within any such dividing space, barrier, or section, except 568
through an opening, crossover, or intersection established by 569
public authority. This section does not prohibit the occupancy of 570
such dividing space, barrier, or section for the purpose of an 571
emergency stop or in compliance with an order of a police officer.572

       (B)(1) No vehicle shall be driven in the left-hand lane of 573
the right-hand roadway of a freeway that is part of the interstate 574
system except when exiting the freeway, overtaking and passing a 575
slower vehicle, or allowing other vehicles to enter the right-hand 576
lane of the right-hand roadway, or when traffic or road conditions 577
exist that would make operation of the vehicle in the right-hand 578
lane unsafe. The operator of a vehicle driven in the left-hand 579
lane to overtake and pass a slower vehicle or to allow traffic to 580
enter the right-hand lane shall return to the right-hand lane, or, 581
if available, a center lane, as soon as traffic and road 582
conditions make it safe to do so.583

       (2) As used in division (B)(1) of this section, "interstate 584
system" has the same meaning as in 23 U.S.C.A. 101.585

       (C) Except as otherwise provided in this division, whoever 586
violates this section is guilty of a minor misdemeanor. If, within 587
one year of the offense, the offender previously has been 588
convicted of or pleaded guilty to one predicate motor vehicle or 589
traffic offense, whoever violates this section is guilty of a 590
misdemeanor of the fourth degree. If, within one year of the 591
offense, the offender previously has been convicted of two or more 592
predicate motor vehicle or traffic offenses, whoever violates this 593
section is guilty of a misdemeanor of the third degree.594

       Section 2.  That existing sections 4511.21 and 4511.35 of the 595
Revised Code are hereby repealed.596