As Reported by the House Transportation, Public Safety and Homeland Security Committee

129th General Assembly Regular Session 2011-2012

Am. H. B. No. 395

Representative Maag 

Cosponsors: Representatives Brenner, Terhar, Adams, J., Goodwin, Wachtmann, Blair, Yuko, Combs, Celebrezze, O'Brien, Patmon 

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A BILL

To amend section 4511.21 of the Revised Code to

1

increase the speed limit on interstate freeways

2

from 65 to 70 miles per hour for all vehicles.

3

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

Section 1.  That section 4511.21 of the Revised Code be	4
amended to read as follows:	5

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	6
trackless trolley, or streetcar at a speed greater or less than is	7
reasonable or proper, having due regard to the traffic, surface,	8
and width of the street or highway and any other conditions, and	9
no person shall drive any motor vehicle, trackless trolley, or	10
streetcar in and upon any street or highway at a greater speed	11
than will permit the person to bring it to a stop within the	12
assured clear distance ahead.	13

(B) It is prima-facie lawful, in the absence of a lower limit	14
declared or established pursuant to this section by the director	15
of transportation or local authorities, for the operator of a	16
motor vehicle, trackless trolley, or streetcar to operate the same	17
at a speed not exceeding the following:	18

(1)(a) Twenty miles per hour in school zones during school	19
recess and while children are going to or leaving school during	20
the opening or closing hours, and when twenty miles per hour	21
school speed limit signs are erected; except that, on	22
controlled-access highways and expressways, if the right-of-way	23
line fence has been erected without pedestrian opening, the speed	24
shall be governed by division (B)(4) of this section and on	25
freeways, if the right-of-way line fence has been erected without	26
pedestrian opening, the speed shall be governed by divisions	27
(B)(9) and (10) of this section. The end of every school zone may	28
be marked by a sign indicating the end of the zone. Nothing in	29
this section or in the manual and specifications for a uniform	30
system of traffic control devices shall be construed to require	31
school zones to be indicated by signs equipped with flashing or	32
other lights, or giving other special notice of the hours in which	33
the school zone speed limit is in effect.	34

(b) As used in this section and in section 4511.212 of the	35
Revised Code, "school" means any school chartered under section	36
3301.16 of the Revised Code and any nonchartered school that	37
during the preceding year filed with the department of education	38
in compliance with rule 3301-35-08 of the Ohio Administrative	39
Code, a copy of the school's report for the parents of the	40
school's pupils certifying that the school meets Ohio minimum	41
standards for nonchartered, nontax-supported schools and presents	42
evidence of this filing to the jurisdiction from which it is	43
requesting the establishment of a school zone. "School" also	44
includes a special elementary school that in writing requests the	45
county engineer of the county in which the special elementary	46
school is located to create a school zone at the location of that	47
school. Upon receipt of such a written request, the county	48
engineer shall create a school zone at that location by erecting	49
the appropriate signs.	50

(c) As used in this section, "school zone" means that portion	51
of a street or highway passing a school fronting upon the street	52
or highway that is encompassed by projecting the school property	53
lines to the fronting street or highway, and also includes that	54
portion of a state highway. Upon request from local authorities	55
for streets and highways under their jurisdiction and that portion	56
of a state highway under the jurisdiction of the director of	57
transportation or a request from a county engineer in the case of	58
a school zone for a special elementary school, the director may	59
extend the traditional school zone boundaries. The distances in	60
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	61
exceed three hundred feet per approach per direction and are	62
bounded by whichever of the following distances or combinations	63
thereof the director approves as most appropriate:	64

(i) The distance encompassed by projecting the school	65
building lines normal to the fronting highway and extending a	66
distance of three hundred feet on each approach direction;	67

(ii) The distance encompassed by projecting the school	68
property lines intersecting the fronting highway and extending a	69
distance of three hundred feet on each approach direction;	70

(iii) The distance encompassed by the special marking of the	71
pavement for a principal school pupil crosswalk plus a distance of	72
three hundred feet on each approach direction of the highway.	73

Nothing in this section shall be construed to invalidate the	74
director's initial action on August 9, 1976, establishing all	75
school zones at the traditional school zone boundaries defined by	76
projecting school property lines, except when those boundaries are	77
extended as provided in divisions (B)(1)(a) and (c) of this	78
section.	79

(d) As used in this division, "crosswalk" has the meaning	80
given that term in division (LL)(2) of section 4511.01 of the	81
Revised Code.	82

The director may, upon request by resolution of the	83
legislative authority of a municipal corporation, the board of	84
trustees of a township, or a county board of developmental	85
disabilities created pursuant to Chapter 5126. of the Revised	86
Code, and upon submission by the municipal corporation, township,	87
or county board of such engineering, traffic, and other	88
information as the director considers necessary, designate a	89
school zone on any portion of a state route lying within the	90
municipal corporation, lying within the unincorporated territory	91
of the township, or lying adjacent to the property of a school	92
that is operated by such county board, that includes a crosswalk	93
customarily used by children going to or leaving a school during	94
recess and opening and closing hours, whenever the distance, as	95
measured in a straight line, from the school property line nearest	96
the crosswalk to the nearest point of the crosswalk is no more	97
than one thousand three hundred twenty feet. Such a school zone	98
shall include the distance encompassed by the crosswalk and	99
extending three hundred feet on each approach direction of the	100
state route.	101

(e) As used in this section, "special elementary school"	102
means a school that meets all of the following criteria:	103

(i) It is not chartered and does not receive tax revenue from	104
any source.	105

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

106

(iii) It is located outside the limits of a municipal	107
corporation.	108

(iv) A majority of the total number of students enrolled at	109
the school are not related by blood.	110

(v) The principal or other person in charge of the special	111
elementary school annually sends a report to the superintendent of	112
the school district in which the special elementary school is	113
located indicating the total number of students enrolled at the	114
school, but otherwise the principal or other person in charge does	115
not report any other information or data to the superintendent.	116

(2) Twenty-five miles per hour in all other portions of a	117
municipal corporation, except on state routes outside business	118
districts, through highways outside business districts, and	119
alleys;	120

(3) Thirty-five miles per hour on all state routes or through	121
highways within municipal corporations outside business districts,	122
except as provided in divisions (B)(4) and (6) of this section;	123

(4) Fifty miles per hour on controlled-access highways and	124
expressways within municipal corporations;	125

(5) Fifty-five miles per hour on highways outside municipal	126
corporations, other than highways within island jurisdictions as	127
provided in division (B)(8) of this section and freeways as	128
provided in divisions (B)(13) and (14) of this section;	129

(6) Fifty miles per hour on state routes within municipal	130
corporations outside urban districts unless a lower prima-facie	131
speed is established as further provided in this section;	132

(7) Fifteen miles per hour on all alleys within the municipal	133
corporation;	134

(8) Thirty-five miles per hour on highways outside municipal	135
corporations that are within an island jurisdiction;	136

(9) Fifty-five miles per hour at all times on freeways with	137
paved shoulders inside municipal corporations, other than freeways	138
as provided in divisions (B)(13) and (14) of this section;	139

(10) Fifty-five miles per hour at all times on freeways	140
outside municipal corporations, other than freeways as provided in	141
divisions (B)(13) and (14) of this section;	142

(11) Fifty-five miles per hour at all times on all portions	143
of freeways that are part of the interstate system and on all	144
portions of freeways that are not part of the interstate system,	145
but are built to the standards and specifications that are	146
applicable to freeways that are part of the interstate system for	147
operators of any motor vehicle weighing in excess of eight	148
thousand pounds empty weight and any noncommercial bus, except as	149
provided in division (B)(14) of this section;	150

(12) Fifty-five miles per hour for operators of any motor	151
vehicle weighing eight thousand pounds or less empty weight and	152
any commercial bus at all times on all portions of freeways that	153
are part of the interstate system and that had such a speed limit	154
established prior to October 1, 1995, and freeways that are not	155
part of the interstate system, but are built to the standards and	156
specifications that are applicable to freeways that are part of	157
the interstate system and that had such a speed limit established	158
prior to October 1, 1995, unless a higher speed limit is	159
established under division (L) of this section;	160

(13) Sixty-five miles per hour for operators of any motor	161
vehicle weighing eight thousand pounds or less empty weight and	162
any commercial bus at all times on all portions of the following:	163

(a) Freeways that are part of the interstate system and that	164
had such a speed limit established prior to October 1, 1995, and	165
freeways that are not part of the interstate system, but are built	166
to the standards and specifications that are applicable to	167
freeways that are part of the interstate system and that had such	168
a speed limit established prior to October 1, 1995;	169

(b) Freeways that are part of the interstate system and	170
freeways that are not part of the interstate system but are built	171
to the standards and specifications that are applicable to	172
freeways that are part of the interstate system, and that had such	173
a speed limit established under division (L) of this section;	174

(c) Rural, divided, multi-lane highways that are designated	175
as part of the national highway system under the "National Highway	176
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	177
and that had such a speed limit established under division (M) of	178
this section.	179

(14) Sixty-fiveSeventy miles per hour at all times on all	180
portions of freeways that are part of the interstate system and	181
that had such a speed limit on the effective date of this	182
amendment for operators of any motor vehicle weighing in excess of	183
eight thousand pounds empty weight and any noncommercial bus.	184

(C) It is prima-facie unlawful for any person to exceed any	185
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	186
(6), (7), and (8) of this section, or any declared or established	187
pursuant to this section by the director or local authorities and	188
it is unlawful for any person to exceed any of the speed	189
limitations in division (D) of this section. No person shall be	190
convicted of more than one violation of this section for the same	191
conduct, although violations of more than one provision of this	192
section may be charged in the alternative in a single affidavit.	193

(D) No person shall operate a motor vehicle, trackless	194
trolley, or streetcar upon a street or highway as follows:	195

(1) At a speed exceeding fifty-five miles per hour, except	196
upon a freeway as provided in divisions (B)(13) and (14) of this	197
section;	198

(2) At a speed exceeding sixty-five miles per hour upon a	199
freeway as provided in divisionsdivision (B)(13) and (14) of this	200
section, except upon a freeway as provided in division (B)(14) of	201
this section;	202

(3) If a motor vehicle weighing in excess of eight thousand	203
pounds empty weight or a noncommercial bus as prescribed in	204
division (B)(11) of this section, at a speed exceeding fifty-five	205
miles per hour, except upon a freeway as provided in that division	206
(B)(14) of this section;	207

(4) At a speed exceeding the posted speed limit upon a	208
freeway for which the director has determined and declared a speed	209
limit of not more than sixty-five miles per hour pursuant to	210
division (L)(2) or (M) of this section;	211

(5) At a speed exceeding sixty-five miles per hour upon a	212
freeway for which such a speed limit has been established through	213
the operation of division (L)(3) of this section;	214

(6) At a speed exceeding the posted speed limit upon a	215
freeway for which the director has determined and declared a speed	216
limit pursuant to division (I)(2) of this section;	217

(7) At a speed exceeding seventy miles per hour upon a	218
freeway as provided in division (B)(14) of this section.	219

(E) In every charge of violation of this section the	220
affidavit and warrant shall specify the time, place, and speed at	221
which the defendant is alleged to have driven, and in charges made	222
in reliance upon division (C) of this section also the speed which	223
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	224
declared or established pursuant to, this section declares is	225
prima-facie lawful at the time and place of such alleged	226
violation, except that in affidavits where a person is alleged to	227
have driven at a greater speed than will permit the person to	228
bring the vehicle to a stop within the assured clear distance	229
ahead the affidavit and warrant need not specify the speed at	230
which the defendant is alleged to have driven.	231

(F) When a speed in excess of both a prima-facie limitation	232
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	233
this section is alleged, the defendant shall be charged in a	234
single affidavit, alleging a single act, with a violation	235
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	236
(8) of this section, or of a limit declared or established	237
pursuant to this section by the director or local authorities, and	238
of the limitation in division (D)(1), (2), (3), (4), (5), or (6)	239
of this section. If the court finds a violation of division	240
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	241
or established pursuant to, this section has occurred, it shall	242
enter a judgment of conviction under such division and dismiss the	243
charge under division (D)(1), (2), (3), (4), (5), or (6) of this	244
section. If it finds no violation of division (B)(1)(a), (2), (3),	245
(4), (6), (7), or (8) of, or a limit declared or established	246
pursuant to, this section, it shall then consider whether the	247
evidence supports a conviction under division (D)(1), (2), (3),	248
(4), (5), or (6) of this section.	249

(G) Points shall be assessed for violation of a limitation	250
under division (D) of this section in accordance with section	251
4510.036 of the Revised Code.	252

(H) Whenever the director determines upon the basis of a	253
geometric and traffic characteristic study that any speed limit	254
set forth in divisions (B)(1)(a) to (D) of this section is greater	255
or less than is reasonable or safe under the conditions found to	256
exist at any portion of a street or highway under the jurisdiction	257
of the director, the director shall determine and declare a	258
reasonable and safe prima-facie speed limit, which shall be	259
effective when appropriate signs giving notice of it are erected	260
at the location.	261

(I)(1) Except as provided in divisions (I)(2) and (K) of this	262
section, whenever local authorities determine upon the basis of an	263
engineering and traffic investigation that the speed permitted by	264
divisions (B)(1)(a) to (D) of this section, on any part of a	265
highway under their jurisdiction, is greater than is reasonable	266
and safe under the conditions found to exist at such location, the	267
local authorities may by resolution request the director to	268
determine and declare a reasonable and safe prima-facie speed	269
limit. Upon receipt of such request the director may determine and	270
declare a reasonable and safe prima-facie speed limit at such	271
location, and if the director does so, then such declared speed	272
limit shall become effective only when appropriate signs giving	273
notice thereof are erected at such location by the local	274
authorities. The director may withdraw the declaration of a	275
prima-facie speed limit whenever in the director's opinion the	276
altered prima-facie speed becomes unreasonable. Upon such	277
withdrawal, the declared prima-facie speed shall become	278
ineffective and the signs relating thereto shall be immediately	279
removed by the local authorities.	280

(2) A local authority may determine on the basis of a	281
geometric and traffic characteristic study that the speed limit of	282
sixty-five miles per hour on a portion of a freeway under its	283
jurisdiction that was established through the operation of	284
division (L)(3) of this section is greater than is reasonable or	285
safe under the conditions found to exist at that portion of the	286
freeway. If the local authority makes such a determination, the	287
local authority by resolution may request the director to	288
determine and declare a reasonable and safe speed limit of not	289
less than fifty-five miles per hour for that portion of the	290
freeway. If the director takes such action, the declared speed	291
limit becomes effective only when appropriate signs giving notice	292
of it are erected at such location by the local authority.	293

(J) Local authorities in their respective jurisdictions may	294
authorize by ordinance higher prima-facie speeds than those stated	295
in this section upon through highways, or upon highways or	296
portions thereof where there are no intersections, or between	297
widely spaced intersections, provided signs are erected giving	298
notice of the authorized speed, but local authorities shall not	299
modify or alter the basic rule set forth in division (A) of this	300
section or in any event authorize by ordinance a speed in excess	301
of fifty miles per hour.	302

Alteration of prima-facie limits on state routes by local	303
authorities shall not be effective until the alteration has been	304
approved by the director. The director may withdraw approval of	305
any altered prima-facie speed limits whenever in the director's	306
opinion any altered prima-facie speed becomes unreasonable, and	307
upon such withdrawal, the altered prima-facie speed shall become	308
ineffective and the signs relating thereto shall be immediately	309
removed by the local authorities.	310

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	311
section, "unimproved highway" means a highway consisting of any of	312
the following:	313

(a) Unimproved earth;

314

(b) Unimproved graded and drained earth;

315

(c) Gravel.

316

(2) Except as otherwise provided in divisions (K)(4) and (5)	317
of this section, whenever a board of township trustees determines	318
upon the basis of an engineering and traffic investigation that	319
the speed permitted by division (B)(5) of this section on any part	320
of an unimproved highway under its jurisdiction and in the	321
unincorporated territory of the township is greater than is	322
reasonable or safe under the conditions found to exist at the	323
location, the board may by resolution declare a reasonable and	324
safe prima-facie speed limit of fifty-five but not less than	325
twenty-five miles per hour. An altered speed limit adopted by a	326
board of township trustees under this division becomes effective	327
when appropriate traffic control devices, as prescribed in section	328
4511.11 of the Revised Code, giving notice thereof are erected at	329
the location, which shall be no sooner than sixty days after	330
adoption of the resolution.	331

(3)(a) Whenever, in the opinion of a board of township	332
trustees, any altered prima-facie speed limit established by the	333
board under this division becomes unreasonable, the board may	334
adopt a resolution withdrawing the altered prima-facie speed	335
limit. Upon the adoption of such a resolution, the altered	336
prima-facie speed limit becomes ineffective and the traffic	337
control devices relating thereto shall be immediately removed.	338

(b) Whenever a highway ceases to be an unimproved highway and	339
the board has adopted an altered prima-facie speed limit pursuant	340
to division (K)(2) of this section, the board shall, by	341
resolution, withdraw the altered prima-facie speed limit as soon	342
as the highway ceases to be unimproved. Upon the adoption of such	343
a resolution, the altered prima-facie speed limit becomes	344
ineffective and the traffic control devices relating thereto shall	345
be immediately removed.	346

(4)(a) If the boundary of two townships rests on the	347
centerline of an unimproved highway in unincorporated territory	348
and both townships have jurisdiction over the highway, neither of	349
the boards of township trustees of such townships may declare an	350
altered prima-facie speed limit pursuant to division (K)(2) of	351
this section on the part of the highway under their joint	352
jurisdiction unless the boards of township trustees of both of the	353
townships determine, upon the basis of an engineering and traffic	354
investigation, that the speed permitted by division (B)(5) of this	355
section is greater than is reasonable or safe under the conditions	356
found to exist at the location and both boards agree upon a	357
reasonable and safe prima-facie speed limit of less than	358
fifty-five but not less than twenty-five miles per hour for that	359
location. If both boards so agree, each shall follow the procedure	360
specified in division (K)(2) of this section for altering the	361
prima-facie speed limit on the highway. Except as otherwise	362
provided in division (K)(4)(b) of this section, no speed limit	363
altered pursuant to division (K)(4)(a) of this section may be	364
withdrawn unless the boards of township trustees of both townships	365
determine that the altered prima-facie speed limit previously	366
adopted becomes unreasonable and each board adopts a resolution	367
withdrawing the altered prima-facie speed limit pursuant to the	368
procedure specified in division (K)(3)(a) of this section.	369

(b) Whenever a highway described in division (K)(4)(a) of	370
this section ceases to be an unimproved highway and two boards of	371
township trustees have adopted an altered prima-facie speed limit	372
pursuant to division (K)(4)(a) of this section, both boards shall,	373
by resolution, withdraw the altered prima-facie speed limit as	374
soon as the highway ceases to be unimproved. Upon the adoption of	375
the resolution, the altered prima-facie speed limit becomes	376
ineffective and the traffic control devices relating thereto shall	377
be immediately removed.	378

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

379

(a) "Commercial subdivision" means any platted territory	380
outside the limits of a municipal corporation and fronting a	381
highway where, for a distance of three hundred feet or more, the	382
frontage is improved with buildings in use for commercial	383
purposes, or where the entire length of the highway is less than	384
three hundred feet long and the frontage is improved with	385
buildings in use for commercial purposes.	386

(b) "Residential subdivision" means any platted territory	387
outside the limits of a municipal corporation and fronting a	388
highway, where, for a distance of three hundred feet or more, the	389
frontage is improved with residences or residences and buildings	390
in use for business, or where the entire length of the highway is	391
less than three hundred feet long and the frontage is improved	392
with residences or residences and buildings in use for business.	393

Whenever a board of township trustees finds upon the basis of	394
an engineering and traffic investigation that the prima-facie	395
speed permitted by division (B)(5) of this section on any part of	396
a highway under its jurisdiction that is located in a commercial	397
or residential subdivision, except on highways or portions thereof	398
at the entrances to which vehicular traffic from the majority of	399
intersecting highways is required to yield the right-of-way to	400
vehicles on such highways in obedience to stop or yield signs or	401
traffic control signals, is greater than is reasonable and safe	402
under the conditions found to exist at the location, the board may	403
by resolution declare a reasonable and safe prima-facie speed	404
limit of less than fifty-five but not less than twenty-five miles	405
per hour at the location. An altered speed limit adopted by a	406
board of township trustees under this division shall become	407
effective when appropriate signs giving notice thereof are erected	408
at the location by the township. Whenever, in the opinion of a	409
board of township trustees, any altered prima-facie speed limit	410
established by it under this division becomes unreasonable, it may	411
adopt a resolution withdrawing the altered prima-facie speed, and	412
upon such withdrawal, the altered prima-facie speed shall become	413
ineffective, and the signs relating thereto shall be immediately	414
removed by the township.	415

(L)(1) Within one hundred twenty days of February 29, 1996,	416
the director of transportation, based upon a geometric and traffic	417
characteristic study of a freeway that is part of the interstate	418
system or that is not part of the interstate system, but is built	419
to the standards and specifications that are applicable to	420
freeways that are part of the interstate system, in consultation	421
with the director of public safety and, if applicable, the local	422
authority having jurisdiction over a portion of such freeway, may	423
determine and declare that the speed limit of less than sixty-five	424
miles per hour established on such freeway or portion of freeway	425
either is reasonable and safe or is less than that which is	426
reasonable and safe.	427

(2) If the established speed limit for such a freeway or	428
portion of freeway is determined to be less than that which is	429
reasonable and safe, the director of transportation, in	430
consultation with the director of public safety and, if	431
applicable, the local authority having jurisdiction over the	432
portion of freeway, shall determine and declare a reasonable and	433
safe speed limit of not more than sixty-five miles per hour for	434
that freeway or portion of freeway.	435

The director of transportation or local authority having	436
jurisdiction over the freeway or portion of freeway shall erect	437
appropriate signs giving notice of the speed limit at such	438
location within one hundred fifty days of February 29, 1996. Such	439
speed limit becomes effective only when such signs are erected at	440
the location.	441

(3) If, within one hundred twenty days of February 29, 1996,	442
the director of transportation does not make a determination and	443
declaration of a reasonable and safe speed limit for a freeway or	444
portion of freeway that is part of the interstate system or that	445
is not part of the interstate system, but is built to the	446
standards and specifications that are applicable to freeways that	447
are part of the interstate system and that has a speed limit of	448
less than sixty-five miles per hour, the speed limit on that	449
freeway or portion of a freeway shall be sixty-five miles per	450
hour. The director of transportation or local authority having	451
jurisdiction over the freeway or portion of the freeway shall	452
erect appropriate signs giving notice of the speed limit of	453
sixty-five miles per hour at such location within one hundred	454
fifty days of February 29, 1996. Such speed limit becomes	455
effective only when such signs are erected at the location. A	456
speed limit established through the operation of division (L)(3)	457
of this section is subject to reduction under division (I)(2) of	458
this section.	459

(M) Within three hundred sixty days after February 29, 1996,	460
the director of transportation, based upon a geometric and traffic	461
characteristic study of a rural, divided, multi-lane highway that	462
has been designated as part of the national highway system under	463
the "National Highway System Designation Act of 1995," 109 Stat.	464
568, 23 U.S.C.A. 103, in consultation with the director of public	465
safety and, if applicable, the local authority having jurisdiction	466
over a portion of the highway, may determine and declare that the	467
speed limit of less than sixty-five miles per hour established on	468
the highway or portion of highway either is reasonable and safe or	469
is less than that which is reasonable and safe.	470

If the established speed limit for the highway or portion of	471
highway is determined to be less than that which is reasonable and	472
safe, the director of transportation, in consultation with the	473
director of public safety and, if applicable, the local authority	474
having jurisdiction over the portion of highway, shall determine	475
and declare a reasonable and safe speed limit of not more than	476
sixty-five miles per hour for that highway or portion of highway.	477
The director of transportation or local authority having	478
jurisdiction over the highway or portion of highway shall erect	479
appropriate signs giving notice of the speed limit at such	480
location within three hundred ninety days after February 29, 1996.	481
The speed limit becomes effective only when such signs are erected	482
at the location.	483

(N)(1)(a) If the boundary of two local authorities rests on	484
the centerline of a highway and both authorities have jurisdiction	485
over the highway, the speed limit for the part of the highway	486
within their joint jurisdiction shall be either one of the	487
following as agreed to by both authorities:	488

(i) Either prima-facie speed limit permitted by division (B)	489
of this section;	490

(ii) An altered speed limit determined and posted in	491
accordance with this section.	492

(b) If the local authorities are unable to reach an	493
agreement, the speed limit shall remain as established and posted	494
under this section.	495

(2) Neither local authority may declare an altered	496
prima-facie speed limit pursuant to this section on the part of	497
the highway under their joint jurisdiction unless both of the	498
local authorities determine, upon the basis of an engineering and	499
traffic investigation, that the speed permitted by this section is	500
greater than is reasonable or safe under the conditions found to	501
exist at the location and both authorities agree upon a uniform	502
reasonable and safe prima-facie speed limit of less than	503
fifty-five but not less than twenty-five miles per hour for that	504
location. If both authorities so agree, each shall follow the	505
procedure specified in this section for altering the prima-facie	506
speed limit on the highway, and the speed limit for the part of	507
the highway within their joint jurisdiction shall be uniformly	508
altered. No altered speed limit may be withdrawn unless both local	509
authorities determine that the altered prima-facie speed limit	510
previously adopted becomes unreasonable and each adopts a	511
resolution withdrawing the altered prima-facie speed limit	512
pursuant to the procedure specified in this section.	513

(O) As used in this section:

514

(1) "Interstate system" has the same meaning as in 23	515
U.S.C.A. 101.	516

(2) "Commercial bus" means a motor vehicle designed for	517
carrying more than nine passengers and used for the transportation	518
of persons for compensation.	519

(3) "Noncommercial bus" includes but is not limited to a	520
school bus or a motor vehicle operated solely for the	521
transportation of persons associated with a charitable or	522
nonprofit organization.	523

(P)(1) A violation of any provision of this section is one of	524
the following:	525

(a) Except as otherwise provided in divisions (P)(1)(b),	526
(1)(c), (2), and (3) of this section, a minor misdemeanor;	527

(b) If, within one year of the offense, the offender	528
previously has been convicted of or pleaded guilty to two	529
violations of any provision of this section or of any provision of	530
a municipal ordinance that is substantially similar to any	531
provision of this section, a misdemeanor of the fourth degree;	532

(c) If, within one year of the offense, the offender	533
previously has been convicted of or pleaded guilty to three or	534
more violations of any provision of this section or of any	535
provision of a municipal ordinance that is substantially similar	536
to any provision of this section, a misdemeanor of the third	537
degree.	538

(2) If the offender has not previously been convicted of or	539
pleaded guilty to a violation of any provision of this section or	540
of any provision of a municipal ordinance that is substantially	541
similar to this section and operated a motor vehicle faster than	542
thirty-five miles an hour in a business district of a municipal	543
corporation, faster than fifty miles an hour in other portions of	544
a municipal corporation, or faster than thirty-five miles an hour	545
in a school zone during recess or while children are going to or	546
leaving school during the school's opening or closing hours, a	547
misdemeanor of the fourth degree.	548

(3) Notwithstanding division (P)(1) of this section, if the	549
offender operated a motor vehicle in a construction zone where a	550
sign was then posted in accordance with section 4511.98 of the	551
Revised Code, the court, in addition to all other penalties	552
provided by law, shall impose upon the offender a fine of two	553
times the usual amount imposed for the violation. No court shall	554
impose a fine of two times the usual amount imposed for the	555
violation upon an offender if the offender alleges, in an	556
affidavit filed with the court prior to the offender's sentencing,	557
that the offender is indigent and is unable to pay the fine	558
imposed pursuant to this division and if the court determines that	559
the offender is an indigent person and unable to pay the fine.	560

Section 2.  That existing section 4511.21 of the Revised Code	561
is hereby repealed.	562