As Reported by the Senate Highways and Transportation Committee

129th General Assembly Regular Session 2011-2012

Am. S. B. No. 36

Senator Hughes 

Cosponsors: Senators Bacon, LaRose, Lehner, Sawyer, Schaffer, Patton, Wilson 

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A BILL

To enact section 4511.454 of the Revised Code to

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allow emergency personnel in public safety

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vehicles to report traffic law violations under

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certain circumstances.

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

Section 1. That section 4511.454 of the Revised Code be	5
enacted to read as follows:	6

Sec. 4511.454.  (A) When the failure of a motor vehicle	7
operator to yield the right-of-way to a public safety vehicle as	8
required by division (A) of section 4511.45 of the Revised Code	9
impedes the ability of the public safety vehicle to respond to an	10
emergency, any emergency personnel in the public safety vehicle	11
may report the license plate number and a general description of	12
the vehicle and of the operator of the vehicle to the law	13
enforcement agency exercising jurisdiction over the area where the	14
alleged violation occurred. Any such emergency personnel also may	15
report any other apparent violation of the traffic laws of this	16
state occurring at the same time.	17

(B) Upon receipt of a report under this section, the law	18
enforcement agency may conduct an investigation to attempt to	19
determine or confirm the identity of the operator of the vehicle	20
at the time of the alleged violation. If the identity of the	21
operator at the time of the alleged violation is established, the	22
reporting of the license plate number of the vehicle shall	23
establish probable cause for the law enforcement agency to issue a	24
citation for the violation of division (A) of section 4511.45 of	25
the Revised Code. In the case of other reported apparent traffic	26
law violations or if the identity of the operator of the vehicle	27
at the time of the alleged violation cannot be established, the	28
law enforcement agency may issue a warning to the person who owned	29
the vehicle at the time of the alleged violation, except in the	30
case of a leased or rented vehicle, any warning shall be issued to	31
the person who leased or rented the vehicle at the time of the	32
alleged violation.	33

(C) As used in this section:

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(1) "License plate" includes any temporary license placard	35
issued under section 4503.182 of the Revised Code or similar law	36
of another jurisdiction.	37

(2) "Public safety vehicle" does not include a vehicle used	38
by the motor carrier enforcement unit for the enforcement of	39
orders and rules of the public utilities commission.	40