Section 1. That sections 4510.02, 4510.036, 4511.21, | 11 |
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, | 12 |
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 be amended and | 13 |
section 4501.20 of the Revised Code be enacted to read as follows: | 14 |
Sec. 4501.20. There is hereby created in the state treasury | 15 |
the highway safety education fund, consisting of those portions of | 16 |
fines collected pursuant to and specified in sections 4511.21, | 17 |
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, | 18 |
4511.45, 4511.451, 4511.46, and 4511.47 of the Revised Code. The | 19 |
department of public safety shall use the money in the fund only | 20 |
to pay for educational activities that relate to highway safety. | 21 |
Sec. 4510.02. (A) When a court elects or is required to | 22 |
suspend the driver's license, commercial driver's license, | 23 |
temporary instruction permit, probationary license, or nonresident | 24 |
operating privilege of any offender from a specified suspension | 25 |
class, for each of the following suspension classes, the court | 26 |
shall impose a definite period of suspension from the range | 27 |
specified for the suspension class: | 28 |
(B) When the bureau of motor vehicles elects or is required | 45 |
to suspend the driver's license, commercial driver's license, | 46 |
temporary instruction permit, probationary license, or nonresident | 47 |
operating privilege of any person from a specified suspension | 48 |
class, for each of the following suspension classes, the period of | 49 |
suspension shall be as follows: | 50 |
(D) When a court or the bureau suspends the driver's license, | 62 |
commercial driver's license, temporary instruction permit, | 63 |
probationary license, or nonresident operating privilege of any | 64 |
offender or person pursuant to any provision of law that does not | 65 |
provide for the suspension to be from a class set forth in | 66 |
division (A) or (B) of this section, except as otherwise provided | 67 |
in the provision that authorizes or requires the suspension, the | 68 |
suspension shall be subject to and governed by this chapter. | 69 |
Sec. 4510.036. (A) The bureau of motor vehicles shall record | 70 |
within ten days, after receipt, and shall keep at its main office, | 71 |
all abstracts received under this section or section 4510.03, | 72 |
4510.031, 4510.032, or 4510.034 of the Revised Code and shall | 73 |
maintain records of convictions and bond forfeitures for any | 74 |
violation of a state law or a municipal ordinance regulating the | 75 |
operation of vehicles, streetcars, and trackless trolleys on | 76 |
highways and streets, except a violation related to parking a | 77 |
motor vehicle. | 78 |
(B) Every court of record or mayor's court before which a | 79 |
person is charged with a violation for which points are chargeable | 80 |
by this section shall assess and transcribe to the abstract of | 81 |
conviction that is furnished by the bureau to the court the number | 82 |
of points chargeable by this section in the correct space assigned | 83 |
on the reporting form. A United States district court that has | 84 |
jurisdiction within this state and before which a person is | 85 |
charged with a violation for which points are chargeable by this | 86 |
section may assess and transcribe to the abstract of conviction | 87 |
report that is furnished by the bureau the number of points | 88 |
chargeable by this section in the correct space assigned on the | 89 |
reporting form. If the federal court so assesses and transcribes | 90 |
the points chargeable for the offense and furnishes the report to | 91 |
the bureau, the bureau shall record the points in the same manner | 92 |
as those assessed and transcribed by a court of record or mayor's | 93 |
court. | 94 |
(6) A violation of division (A) of section 4511.19 of the | 115 |
Revised Code, any ordinance prohibiting the operation of a vehicle | 116 |
while under the influence of alcohol, a drug of abuse, or a | 117 |
combination of them, or any ordinance substantially equivalent to | 118 |
division (A) of section 4511.19 of the Revised Code prohibiting | 119 |
the operation of a vehicle with a prohibited concentration of | 120 |
alcohol, a controlled substance, or a metabolite of a controlled | 121 |
substance in the whole blood, blood serum or plasma, breath, or | 122 |
urine .......... 6 points | 123 |
(13) A violation of section 4511.21, 4511.33, 4511.41, | 155 |
4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.45, 4511.451, | 156 |
4511.46, or 4511.47 of the Revised Code in which the court | 157 |
assesses at least two but not more than six points .......... 2 to | 158 |
6 points, as assessed by the court | 159 |
(E) If a person is convicted of or forfeits bail for two or | 167 |
more offenses arising out of the same facts and points are | 168 |
chargeable for each of the offenses, points shall be charged for | 169 |
only the conviction or bond forfeiture for which the greater | 170 |
number of points is chargeable, and, if the number of points | 171 |
chargeable for each offense is equal, only one offense shall be | 172 |
recorded, and points shall be charged only for that offense. | 173 |
Sec. 4511.21. (A) No person shall operate a motor vehicle, | 174 |
trackless trolley, or streetcar at a speed greater or less than is | 175 |
reasonable or proper, having due regard to the traffic, surface, | 176 |
and width of the street or highway and any other conditions, and | 177 |
no person shall drive any motor vehicle, trackless trolley, or | 178 |
streetcar in and upon any street or highway at a greater speed | 179 |
than will permit the person to bring it to a stop within the | 180 |
assured clear distance ahead. | 181 |
(1)(a) Twenty miles per hour in school zones during school | 187 |
recess and while children are going to or leaving school during | 188 |
the opening or closing hours, and when twenty miles per hour | 189 |
school speed limit signs are erected; except that, on | 190 |
controlled-access highways and expressways, if the right-of-way | 191 |
line fence has been erected without pedestrian opening, the speed | 192 |
shall be governed by division (B)(4) of this section and on | 193 |
freeways, if the right-of-way line fence has been erected without | 194 |
pedestrian opening, the speed shall be governed by divisions | 195 |
(B)(9) and (10) of this section. The end of every school zone may | 196 |
be marked by a sign indicating the end of the zone. Nothing in | 197 |
this section or in the manual and specifications for a uniform | 198 |
system of traffic control devices shall be construed to require | 199 |
school zones to be indicated by signs equipped with flashing or | 200 |
other lights, or giving other special notice of the hours in which | 201 |
the school zone speed limit is in effect. | 202 |
(b) As used in this section and in section 4511.212 of the | 203 |
Revised Code, "school" means any school chartered under section | 204 |
3301.16 of the Revised Code and any nonchartered school that | 205 |
during the preceding year filed with the department of education | 206 |
in compliance with rule 3301-35-08 of the Ohio Administrative | 207 |
Code, a copy of the school's report for the parents of the | 208 |
school's pupils certifying that the school meets Ohio minimum | 209 |
standards for nonchartered, nontax-supported schools and presents | 210 |
evidence of this filing to the jurisdiction from which it is | 211 |
requesting the establishment of a school zone. "School" also | 212 |
includes a special elementary school that in writing requests the | 213 |
county engineer of the county in which the special elementary | 214 |
school is located to create a school zone at the location of that | 215 |
school. Upon receipt of such a written request, the county | 216 |
engineer shall create a school zone at that location by erecting | 217 |
the appropriate signs. | 218 |
(c) As used in this section, "school zone" means that portion | 219 |
of a street or highway passing a school fronting upon the street | 220 |
or highway that is encompassed by projecting the school property | 221 |
lines to the fronting street or highway, and also includes that | 222 |
portion of a state highway. Upon request from local authorities | 223 |
for streets and highways under their jurisdiction and that portion | 224 |
of a state highway under the jurisdiction of the director of | 225 |
transportation or a request from a county engineer in the case of | 226 |
a school zone for a special elementary school, the director may | 227 |
extend the traditional school zone boundaries. The distances in | 228 |
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not | 229 |
exceed three hundred feet per approach per direction and are | 230 |
bounded by whichever of the following distances or combinations | 231 |
thereof the director approves as most appropriate: | 232 |
The director may, upon request by resolution of the | 251 |
legislative authority of a municipal corporation, the board of | 252 |
trustees of a township, or a county board of developmental | 253 |
disabilities created pursuant to Chapter 5126. of the Revised | 254 |
Code, and upon submission by the municipal corporation, township, | 255 |
or county board of such engineering, traffic, and other | 256 |
information as the director considers necessary, designate a | 257 |
school zone on any portion of a state route lying within the | 258 |
municipal corporation, lying within the unincorporated territory | 259 |
of the township, or lying adjacent to the property of a school | 260 |
that is operated by such county board, that includes a crosswalk | 261 |
customarily used by children going to or leaving a school during | 262 |
recess and opening and closing hours, whenever the distance, as | 263 |
measured in a straight line, from the school property line nearest | 264 |
the crosswalk to the nearest point of the crosswalk is no more | 265 |
than one thousand three hundred twenty feet. Such a school zone | 266 |
shall include the distance encompassed by the crosswalk and | 267 |
extending three hundred feet on each approach direction of the | 268 |
state route. | 269 |
(11) Fifty-five miles per hour at all times on all portions | 311 |
of freeways that are part of the interstate system and on all | 312 |
portions of freeways that are not part of the interstate system, | 313 |
but are built to the standards and specifications that are | 314 |
applicable to freeways that are part of the interstate system for | 315 |
operators of any motor vehicle weighing in excess of eight | 316 |
thousand pounds empty weight and any noncommercial bus, except as | 317 |
provided in division (B)(14) of this section; | 318 |
(12) Fifty-five miles per hour for operators of any motor | 319 |
vehicle weighing eight thousand pounds or less empty weight and | 320 |
any commercial bus at all times on all portions of freeways that | 321 |
are part of the interstate system and that had such a speed limit | 322 |
established prior to October 1, 1995, and freeways that are not | 323 |
part of the interstate system, but are built to the standards and | 324 |
specifications that are applicable to freeways that are part of | 325 |
the interstate system and that had such a speed limit established | 326 |
prior to October 1, 1995, unless a higher speed limit is | 327 |
established under division (L) of this section; | 328 |
(C) It is prima-facie unlawful for any person to exceed any | 353 |
of the speed limitations in divisions (B)(1)(a), (2), (3), (4), | 354 |
(6), (7), and (8) of this section, or any declared or established | 355 |
pursuant to this section by the director or local authorities and | 356 |
it is unlawful for any person to exceed any of the speed | 357 |
limitations in division (D) of this section. No person shall be | 358 |
convicted of more than one violation of this section for the same | 359 |
conduct, although violations of more than one provision of this | 360 |
section may be charged in the alternative in a single affidavit. | 361 |
(E) In every charge of violation of this section the | 383 |
affidavit and warrant shall specify the time, place, and speed at | 384 |
which the defendant is alleged to have driven, and in charges made | 385 |
in reliance upon division (C) of this section also the speed which | 386 |
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit | 387 |
declared or established pursuant to, this section declares is | 388 |
prima-facie lawful at the time and place of such alleged | 389 |
violation, except that in affidavits where a person is alleged to | 390 |
have driven at a greater speed than will permit the person to | 391 |
bring the vehicle to a stop within the assured clear distance | 392 |
ahead the affidavit and warrant need not specify the speed at | 393 |
which the defendant is alleged to have driven. | 394 |
(F) When a speed in excess of both a prima-facie limitation | 395 |
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of | 396 |
this section is alleged, the defendant shall be charged in a | 397 |
single affidavit, alleging a single act, with a violation | 398 |
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or | 399 |
(8) of this section, or of a limit declared or established | 400 |
pursuant to this section by the director or local authorities, and | 401 |
of the limitation in division (D)(1), (2), (3), (4), (5), or (6) | 402 |
of this section. If the court finds a violation of division | 403 |
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared | 404 |
or established pursuant to, this section has occurred, it shall | 405 |
enter a judgment of conviction under such division and dismiss the | 406 |
charge under division (D)(1), (2), (3), (4), (5), or (6) of this | 407 |
section. If it finds no violation of division (B)(1)(a), (2), (3), | 408 |
(4), (6), (7), or (8) of, or a limit declared or established | 409 |
pursuant to, this section, it shall then consider whether the | 410 |
evidence supports a conviction under division (D)(1), (2), (3), | 411 |
(4), (5), or (6) of this section. | 412 |
(H) Whenever the director determines upon the basis of a | 416 |
geometric and traffic characteristic study that any speed limit | 417 |
set forth in divisions (B)(1)(a) to (D) of this section is greater | 418 |
or less than is reasonable or safe under the conditions found to | 419 |
exist at any portion of a street or highway under the jurisdiction | 420 |
of the director, the director shall determine and declare a | 421 |
reasonable and safe prima-facie speed limit, which shall be | 422 |
effective when appropriate signs giving notice of it are erected | 423 |
at the location. | 424 |
(I)(1) Except as provided in divisions (I)(2) and (K) of this | 425 |
section, whenever local authorities determine upon the basis of an | 426 |
engineering and traffic investigation that the speed permitted by | 427 |
divisions (B)(1)(a) to (D) of this section, on any part of a | 428 |
highway under their jurisdiction, is greater than is reasonable | 429 |
and safe under the conditions found to exist at such location, the | 430 |
local authorities may by resolution request the director to | 431 |
determine and declare a reasonable and safe prima-facie speed | 432 |
limit. Upon receipt of such request the director may determine and | 433 |
declare a reasonable and safe prima-facie speed limit at such | 434 |
location, and if the director does so, then such declared speed | 435 |
limit shall become effective only when appropriate signs giving | 436 |
notice thereof are erected at such location by the local | 437 |
authorities. The director may withdraw the declaration of a | 438 |
prima-facie speed limit whenever in the director's opinion the | 439 |
altered prima-facie speed becomes unreasonable. Upon such | 440 |
withdrawal, the declared prima-facie speed shall become | 441 |
ineffective and the signs relating thereto shall be immediately | 442 |
removed by the local authorities. | 443 |
(2) A local authority may determine on the basis of a | 444 |
geometric and traffic characteristic study that the speed limit of | 445 |
sixty-five miles per hour on a portion of a freeway under its | 446 |
jurisdiction that was established through the operation of | 447 |
division (L)(3) of this section is greater than is reasonable or | 448 |
safe under the conditions found to exist at that portion of the | 449 |
freeway. If the local authority makes such a determination, the | 450 |
local authority by resolution may request the director to | 451 |
determine and declare a reasonable and safe speed limit of not | 452 |
less than fifty-five miles per hour for that portion of the | 453 |
freeway. If the director takes such action, the declared speed | 454 |
limit becomes effective only when appropriate signs giving notice | 455 |
of it are erected at such location by the local authority. | 456 |
(J) Local authorities in their respective jurisdictions may | 457 |
authorize by ordinance higher prima-facie speeds than those stated | 458 |
in this section upon through highways, or upon highways or | 459 |
portions thereof where there are no intersections, or between | 460 |
widely spaced intersections, provided signs are erected giving | 461 |
notice of the authorized speed, but local authorities shall not | 462 |
modify or alter the basic rule set forth in division (A) of this | 463 |
section or in any event authorize by ordinance a speed in excess | 464 |
of fifty miles per hour. | 465 |
Alteration of prima-facie limits on state routes by local | 466 |
authorities shall not be effective until the alteration has been | 467 |
approved by the director. The director may withdraw approval of | 468 |
any altered prima-facie speed limits whenever in the director's | 469 |
opinion any altered prima-facie speed becomes unreasonable, and | 470 |
upon such withdrawal, the altered prima-facie speed shall become | 471 |
ineffective and the signs relating thereto shall be immediately | 472 |
removed by the local authorities. | 473 |
(2) Except as otherwise provided in divisions (K)(4) and (5) | 480 |
of this section, whenever a board of township trustees determines | 481 |
upon the basis of an engineering and traffic investigation that | 482 |
the speed permitted by division (B)(5) of this section on any part | 483 |
of an unimproved highway under its jurisdiction and in the | 484 |
unincorporated territory of the township is greater than is | 485 |
reasonable or safe under the conditions found to exist at the | 486 |
location, the board may by resolution declare a reasonable and | 487 |
safe prima-facie speed limit of fifty-five but not less than | 488 |
twenty-five miles per hour. An altered speed limit adopted by a | 489 |
board of township trustees under this division becomes effective | 490 |
when appropriate traffic control devices, as prescribed in section | 491 |
4511.11 of the Revised Code, giving notice thereof are erected at | 492 |
the location, which shall be no sooner than sixty days after | 493 |
adoption of the resolution. | 494 |
(3)(a) Whenever, in the opinion of a board of township | 495 |
trustees, any altered prima-facie speed limit established by the | 496 |
board under this division becomes unreasonable, the board may | 497 |
adopt a resolution withdrawing the altered prima-facie speed | 498 |
limit. Upon the adoption of such a resolution, the altered | 499 |
prima-facie speed limit becomes ineffective and the traffic | 500 |
control devices relating thereto shall be immediately removed. | 501 |
(b) Whenever a highway ceases to be an unimproved highway and | 502 |
the board has adopted an altered prima-facie speed limit pursuant | 503 |
to division (K)(2) of this section, the board shall, by | 504 |
resolution, withdraw the altered prima-facie speed limit as soon | 505 |
as the highway ceases to be unimproved. Upon the adoption of such | 506 |
a resolution, the altered prima-facie speed limit becomes | 507 |
ineffective and the traffic control devices relating thereto shall | 508 |
be immediately removed. | 509 |
(4)(a) If the boundary of two townships rests on the | 510 |
centerline of an unimproved highway in unincorporated territory | 511 |
and both townships have jurisdiction over the highway, neither of | 512 |
the boards of township trustees of such townships may declare an | 513 |
altered prima-facie speed limit pursuant to division (K)(2) of | 514 |
this section on the part of the highway under their joint | 515 |
jurisdiction unless the boards of township trustees of both of the | 516 |
townships determine, upon the basis of an engineering and traffic | 517 |
investigation, that the speed permitted by division (B)(5) of this | 518 |
section is greater than is reasonable or safe under the conditions | 519 |
found to exist at the location and both boards agree upon a | 520 |
reasonable and safe prima-facie speed limit of less than | 521 |
fifty-five but not less than twenty-five miles per hour for that | 522 |
location. If both boards so agree, each shall follow the procedure | 523 |
specified in division (K)(2) of this section for altering the | 524 |
prima-facie speed limit on the highway. Except as otherwise | 525 |
provided in division (K)(4)(b) of this section, no speed limit | 526 |
altered pursuant to division (K)(4)(a) of this section may be | 527 |
withdrawn unless the boards of township trustees of both townships | 528 |
determine that the altered prima-facie speed limit previously | 529 |
adopted becomes unreasonable and each board adopts a resolution | 530 |
withdrawing the altered prima-facie speed limit pursuant to the | 531 |
procedure specified in division (K)(3)(a) of this section. | 532 |
(b) Whenever a highway described in division (K)(4)(a) of | 533 |
this section ceases to be an unimproved highway and two boards of | 534 |
township trustees have adopted an altered prima-facie speed limit | 535 |
pursuant to division (K)(4)(a) of this section, both boards shall, | 536 |
by resolution, withdraw the altered prima-facie speed limit as | 537 |
soon as the highway ceases to be unimproved. Upon the adoption of | 538 |
the resolution, the altered prima-facie speed limit becomes | 539 |
ineffective and the traffic control devices relating thereto shall | 540 |
be immediately removed. | 541 |
(a) "Commercial subdivision" means any platted territory | 543 |
outside the limits of a municipal corporation and fronting a | 544 |
highway where, for a distance of three hundred feet or more, the | 545 |
frontage is improved with buildings in use for commercial | 546 |
purposes, or where the entire length of the highway is less than | 547 |
three hundred feet long and the frontage is improved with | 548 |
buildings in use for commercial purposes. | 549 |
(b) "Residential subdivision" means any platted territory | 550 |
outside the limits of a municipal corporation and fronting a | 551 |
highway, where, for a distance of three hundred feet or more, the | 552 |
frontage is improved with residences or residences and buildings | 553 |
in use for business, or where the entire length of the highway is | 554 |
less than three hundred feet long and the frontage is improved | 555 |
with residences or residences and buildings in use for business. | 556 |
Whenever a board of township trustees finds upon the basis of | 557 |
an engineering and traffic investigation that the prima-facie | 558 |
speed permitted by division (B)(5) of this section on any part of | 559 |
a highway under its jurisdiction that is located in a commercial | 560 |
or residential subdivision, except on highways or portions thereof | 561 |
at the entrances to which vehicular traffic from the majority of | 562 |
intersecting highways is required to yield the right-of-way to | 563 |
vehicles on such highways in obedience to stop or yield signs or | 564 |
traffic control signals, is greater than is reasonable and safe | 565 |
under the conditions found to exist at the location, the board may | 566 |
by resolution declare a reasonable and safe prima-facie speed | 567 |
limit of less than fifty-five but not less than twenty-five miles | 568 |
per hour at the location. An altered speed limit adopted by a | 569 |
board of township trustees under this division shall become | 570 |
effective when appropriate signs giving notice thereof are erected | 571 |
at the location by the township. Whenever, in the opinion of a | 572 |
board of township trustees, any altered prima-facie speed limit | 573 |
established by it under this division becomes unreasonable, it may | 574 |
adopt a resolution withdrawing the altered prima-facie speed, and | 575 |
upon such withdrawal, the altered prima-facie speed shall become | 576 |
ineffective, and the signs relating thereto shall be immediately | 577 |
removed by the township. | 578 |
(L)(1) Within one hundred twenty days of February 29, 1996, | 579 |
the director of transportation, based upon a geometric and traffic | 580 |
characteristic study of a freeway that is part of the interstate | 581 |
system or that is not part of the interstate system, but is built | 582 |
to the standards and specifications that are applicable to | 583 |
freeways that are part of the interstate system, in consultation | 584 |
with the director of public safety and, if applicable, the local | 585 |
authority having jurisdiction over a portion of such freeway, may | 586 |
determine and declare that the speed limit of less than sixty-five | 587 |
miles per hour established on such freeway or portion of freeway | 588 |
either is reasonable and safe or is less than that which is | 589 |
reasonable and safe. | 590 |
(2) If the established speed limit for such a freeway or | 591 |
portion of freeway is determined to be less than that which is | 592 |
reasonable and safe, the director of transportation, in | 593 |
consultation with the director of public safety and, if | 594 |
applicable, the local authority having jurisdiction over the | 595 |
portion of freeway, shall determine and declare a reasonable and | 596 |
safe speed limit of not more than sixty-five miles per hour for | 597 |
that freeway or portion of freeway. | 598 |
(3) If, within one hundred twenty days of February 29, 1996, | 605 |
the director of transportation does not make a determination and | 606 |
declaration of a reasonable and safe speed limit for a freeway or | 607 |
portion of freeway that is part of the interstate system or that | 608 |
is not part of the interstate system, but is built to the | 609 |
standards and specifications that are applicable to freeways that | 610 |
are part of the interstate system and that has a speed limit of | 611 |
less than sixty-five miles per hour, the speed limit on that | 612 |
freeway or portion of a freeway shall be sixty-five miles per | 613 |
hour. The director of transportation or local authority having | 614 |
jurisdiction over the freeway or portion of the freeway shall | 615 |
erect appropriate signs giving notice of the speed limit of | 616 |
sixty-five miles per hour at such location within one hundred | 617 |
fifty days of February 29, 1996. Such speed limit becomes | 618 |
effective only when such signs are erected at the location. A | 619 |
speed limit established through the operation of division (L)(3) | 620 |
of this section is subject to reduction under division (I)(2) of | 621 |
this section. | 622 |
(M) Within three hundred sixty days after February 29, 1996, | 623 |
the director of transportation, based upon a geometric and traffic | 624 |
characteristic study of a rural, divided, multi-lane highway that | 625 |
has been designated as part of the national highway system under | 626 |
the "National Highway System Designation Act of 1995," 109 Stat. | 627 |
568, 23 U.S.C.A. 103, in consultation with the director of public | 628 |
safety and, if applicable, the local authority having jurisdiction | 629 |
over a portion of the highway, may determine and declare that the | 630 |
speed limit of less than sixty-five miles per hour established on | 631 |
the highway or portion of highway either is reasonable and safe or | 632 |
is less than that which is reasonable and safe. | 633 |
If the established speed limit for the highway or portion of | 634 |
highway is determined to be less than that which is reasonable and | 635 |
safe, the director of transportation, in consultation with the | 636 |
director of public safety and, if applicable, the local authority | 637 |
having jurisdiction over the portion of highway, shall determine | 638 |
and declare a reasonable and safe speed limit of not more than | 639 |
sixty-five miles per hour for that highway or portion of highway. | 640 |
The director of transportation or local authority having | 641 |
jurisdiction over the highway or portion of highway shall erect | 642 |
appropriate signs giving notice of the speed limit at such | 643 |
location within three hundred ninety days after February 29, 1996. | 644 |
The speed limit becomes effective only when such signs are erected | 645 |
at the location. | 646 |
(2) Neither local authority may declare an altered | 659 |
prima-facie speed limit pursuant to this section on the part of | 660 |
the highway under their joint jurisdiction unless both of the | 661 |
local authorities determine, upon the basis of an engineering and | 662 |
traffic investigation, that the speed permitted by this section is | 663 |
greater than is reasonable or safe under the conditions found to | 664 |
exist at the location and both authorities agree upon a uniform | 665 |
reasonable and safe prima-facie speed limit of less than | 666 |
fifty-five but not less than twenty-five miles per hour for that | 667 |
location. If both authorities so agree, each shall follow the | 668 |
procedure specified in this section for altering the prima-facie | 669 |
speed limit on the highway, and the speed limit for the part of | 670 |
the highway within their joint jurisdiction shall be uniformly | 671 |
altered. No altered speed limit may be withdrawn unless both local | 672 |
authorities determine that the altered prima-facie speed limit | 673 |
previously adopted becomes unreasonable and each adopts a | 674 |
resolution withdrawing the altered prima-facie speed limit | 675 |
pursuant to the procedure specified in this section. | 676 |
(2) If the offender has not previously been convicted of or | 702 |
pleaded guilty to a violation of any provision of this section or | 703 |
of any provision of a municipal ordinance that is substantially | 704 |
similar to this section and operated a motor vehicle faster than | 705 |
thirty-five miles an hour in a business district of a municipal | 706 |
corporation, faster than fifty miles an hour in other portions of | 707 |
a municipal corporation, or faster than thirty-five miles an hour | 708 |
in a school zone during recess or while children are going to or | 709 |
leaving school during the school's opening or closing hours, a | 710 |
misdemeanor of the fourth degree. | 711 |
(3) Notwithstanding division (P)(1) of this section, if the | 712 |
offender operated a motor vehicle in a construction zone where a | 713 |
sign was then posted in accordance with section 4511.98 of the | 714 |
Revised Code, the court, in addition to all other penalties | 715 |
provided by law, shall impose upon the offender a fine of two | 716 |
times the usual amount imposed for the violation. No court shall | 717 |
impose a fine of two times the usual amount imposed for the | 718 |
violation upon an offender if the offender alleges, in an | 719 |
affidavit filed with the court prior to the offender's sentencing, | 720 |
that the offender is indigent and is unable to pay the fine | 721 |
imposed pursuant to this division and if the court determines that | 722 |
the offender is an indigent person and unable to pay the fine. | 723 |
(4)(a) If the offender's violation of division (A) of this | 724 |
section resulted in serious physical harm to another person, the | 725 |
court, in addition to any penalty the court imposes upon the | 726 |
offender pursuant to division (P)(1) of this section and | 727 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 728 |
a fine of not more than five hundred dollars. The court also shall | 729 |
impose a class eight license suspension of the offender's driver's | 730 |
license, commercial driver's license, temporary instruction | 731 |
permit, probationary license, or nonresident operating privilege | 732 |
from the range specified in division (A)(8) of section 4510.02 of | 733 |
the Revised Code. The court also shall assess at least two, and | 734 |
may assess three or four, points against the offender's driver's | 735 |
license, commercial driver's license, temporary instruction | 736 |
permit, probationary license, or nonresident operating privilege. | 737 |
The court shall notify the registrar of motor vehicles of the | 738 |
number of points assessed in accordance with sections 4510.03 to | 739 |
4510.036 of the Revised Code. | 740 |
(b) If the offender's violation of division (A) of this | 745 |
section resulted in the death of another person, the court, in | 746 |
addition to any penalty the court imposes upon the offender | 747 |
pursuant to division (P)(1) of this section and notwithstanding | 748 |
section 2929.28 of the Revised Code, shall impose a fine of not | 749 |
more than one thousand dollars. The court also shall impose a | 750 |
class seven license suspension of the offender's driver's license, | 751 |
commercial driver's license, temporary instruction permit, | 752 |
probationary license, or nonresident operating privilege from the | 753 |
range specified in division (A)(7) of section 4510.02 of the | 754 |
Revised Code. The court also shall assess at least two, and may | 755 |
assess three, four, five, or six, points against the offender's | 756 |
driver's license, commercial driver's license, temporary | 757 |
instruction permit, probationary license, or nonresident operating | 758 |
privilege. The court shall notify the registrar of the number of | 759 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 760 |
the Revised Code. | 761 |
(2) Upon a roadway which is divided into three lanes and | 776 |
provides for two-way movement of traffic, a vehicle or trackless | 777 |
trolley shall not be driven in the center lane except when | 778 |
overtaking and passing another vehicle or trackless trolley where | 779 |
the roadway is clearly visible and such center lane is clear of | 780 |
traffic within a safe distance, or when preparing for a left turn, | 781 |
or where such center lane is at the time allocated exclusively to | 782 |
traffic moving in the direction the vehicle or trackless trolley | 783 |
is proceeding and is posted with signs to give notice of such | 784 |
allocation. | 785 |
(B)(1) Except as otherwise provided in this division (B)(1) | 797 |
of this section, whoever violates this section is guilty of a | 798 |
minor misdemeanor. If, within one year of the offense, the | 799 |
offender previously has been convicted of or pleaded guilty to one | 800 |
predicate motor vehicle or traffic offense, whoever violates this | 801 |
section is guilty of a misdemeanor of the fourth degree. If, | 802 |
within one year of the offense, the offender previously has been | 803 |
convicted of two or more predicate motor vehicle or traffic | 804 |
offenses, whoever violates this section is guilty of a misdemeanor | 805 |
of the third degree. | 806 |
(2) If the offender's violation of division (A) of this | 807 |
section resulted in serious physical harm to another person, the | 808 |
court, in addition to any penalty the court imposes upon the | 809 |
offender pursuant to division (B)(1) of this section and | 810 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 811 |
a fine of not more than five hundred dollars. The court also shall | 812 |
impose a class eight license suspension of the offender's driver's | 813 |
license, commercial driver's license, temporary instruction | 814 |
permit, probationary license, or nonresident operating privilege | 815 |
from the range specified in division (A)(8) of section 4510.02 of | 816 |
the Revised Code. The court also shall assess at least two, and | 817 |
may assess three or four, points against the offender's driver's | 818 |
license, commercial driver's license, temporary instruction | 819 |
permit, probationary license, or nonresident operating privilege. | 820 |
The court shall notify the registrar of motor vehicles of the | 821 |
number of points assessed in accordance with sections 4510.03 to | 822 |
4510.036 of the Revised Code. | 823 |
(3) If the offender's violation of division (A) of this | 828 |
section resulted in the death of another person, the court, in | 829 |
addition to any penalty the court imposes upon the offender | 830 |
pursuant to division (B)(1) of this section and notwithstanding | 831 |
section 2929.28 of the Revised Code, shall impose a fine of not | 832 |
more than one thousand dollars. The court also shall impose a | 833 |
class seven license suspension of the offender's driver's license, | 834 |
commercial driver's license, temporary instruction permit, | 835 |
probationary license, or nonresident operating privilege from the | 836 |
range specified in division (A)(7) of section 4510.02 of the | 837 |
Revised Code. The court also shall assess at least two, and may | 838 |
assess three, four, five, or six, points against the offender's | 839 |
driver's license, commercial driver's license, temporary | 840 |
instruction permit, probationary license, or nonresident operating | 841 |
privilege. The court shall notify the registrar of the number of | 842 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 843 |
the Revised Code. | 844 |
(C)(1) Except as otherwise provided in this division (C)(1) | 857 |
of this section, whoever violates this section is guilty of a | 858 |
minor misdemeanor. If, within one year of the offense, the | 859 |
offender previously has been convicted of or pleaded guilty to one | 860 |
predicate motor vehicle or traffic offense, whoever violates this | 861 |
section is guilty of a misdemeanor of the fourth degree. If, | 862 |
within one year of the offense, the offender previously has been | 863 |
convicted of two or more predicate motor vehicle or traffic | 864 |
offenses, whoever violates this section is guilty of a misdemeanor | 865 |
of the third degree. | 866 |
(2) If the offender's violation of division (A) of this | 867 |
section resulted in serious physical harm to another person, the | 868 |
court, in addition to any penalty the court imposes upon the | 869 |
offender pursuant to division (C)(1) of this section and | 870 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 871 |
a fine of not more than five hundred dollars. The court also shall | 872 |
impose a class eight license suspension of the offender's driver's | 873 |
license, commercial driver's license, temporary instruction | 874 |
permit, probationary license, or nonresident operating privilege | 875 |
from the range specified in division (A)(8) of section 4510.02 of | 876 |
the Revised Code. The court also shall assess at least two, and | 877 |
may assess three or four, points against the offender's driver's | 878 |
license, commercial driver's license, temporary instruction | 879 |
permit, probationary license, or nonresident operating privilege. | 880 |
The court shall notify the registrar of motor vehicles of the | 881 |
number of points assessed in accordance with sections 4510.03 to | 882 |
4510.036 of the Revised Code. | 883 |
(3) If the offender's violation of division (A) of this | 888 |
section resulted in the death of another person, the court, in | 889 |
addition to any penalty the court imposes upon the offender | 890 |
pursuant to division (C)(1) of this section and notwithstanding | 891 |
section 2929.28 of the Revised Code, shall impose a fine of not | 892 |
more than one thousand dollars. The court also shall impose a | 893 |
class seven license suspension of the offender's driver's license, | 894 |
commercial driver's license, temporary instruction permit, | 895 |
probationary license, or nonresident operating privilege from the | 896 |
range specified in division (A)(7) of section 4510.02 of the | 897 |
Revised Code. The court also shall assess at least two, and may | 898 |
assess three, four, five, or six, points against the offender's | 899 |
driver's license, commercial driver's license, temporary | 900 |
instruction permit, probationary license, or nonresident operating | 901 |
privilege. The court shall notify the registrar of the number of | 902 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 903 |
the Revised Code. | 904 |
Sec. 4511.42. (A) The operator of a vehicle, streetcar, or | 909 |
trackless trolley intending to turn to the left within an | 910 |
intersection or into an alley, private road, or driveway shall | 911 |
yield the right of way to any vehicle, streetcar, or trackless | 912 |
trolley approaching from the opposite direction, whenever the | 913 |
approaching vehicle, streetcar, or trackless trolley is within the | 914 |
intersection or so close to the intersection, alley, private road, | 915 |
or driveway as to constitute an immediate hazard. | 916 |
(B)(1) Except as otherwise provided in this division (B)(1) | 917 |
of this section, whoever violates this section is guilty of a | 918 |
minor misdemeanor. If, within one year of the offense, the | 919 |
offender previously has been convicted of or pleaded guilty to one | 920 |
predicate motor vehicle or traffic offense, whoever violates this | 921 |
section is guilty of a misdemeanor of the fourth degree. If, | 922 |
within one year of the offense, the offender previously has been | 923 |
convicted of two or more predicate motor vehicle or traffic | 924 |
offenses, whoever violates this section is guilty of a misdemeanor | 925 |
of the third degree. | 926 |
(2) If the offender's violation of division (A) of this | 927 |
section resulted in serious physical harm to another person, the | 928 |
court, in addition to any penalty the court imposes upon the | 929 |
offender pursuant to division (B)(1) of this section and | 930 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 931 |
a fine of not more than five hundred dollars. The court also shall | 932 |
impose a class eight license suspension of the offender's driver's | 933 |
license, commercial driver's license, temporary instruction | 934 |
permit, probationary license, or nonresident operating privilege | 935 |
from the range specified in division (A)(8) of section 4510.02 of | 936 |
the Revised Code. The court also shall assess at least two, and | 937 |
may assess three or four, points against the offender's driver's | 938 |
license, commercial driver's license, temporary instruction | 939 |
permit, probationary license, or nonresident operating privilege. | 940 |
The court shall notify the registrar of motor vehicles of the | 941 |
number of points assessed in accordance with sections 4510.03 to | 942 |
4510.036 of the Revised Code. | 943 |
(3) If the offender's violation of division (A) of this | 948 |
section resulted in the death of another person, the court, in | 949 |
addition to any penalty the court imposes upon the offender | 950 |
pursuant to division (B)(1) of this section and notwithstanding | 951 |
section 2929.28 of the Revised Code, shall impose a fine of not | 952 |
more than one thousand dollars. The court also shall impose a | 953 |
class seven license suspension of the offender's driver's license, | 954 |
commercial driver's license, temporary instruction permit, | 955 |
probationary license, or nonresident operating privilege from the | 956 |
range specified in division (A)(7) of section 4510.02 of the | 957 |
Revised Code. The court also shall assess at least two, and may | 958 |
assess three, four, five, or six, points against the offender's | 959 |
driver's license, commercial driver's license, temporary | 960 |
instruction permit, probationary license, or nonresident operating | 961 |
privilege. The court shall notify the registrar of the number of | 962 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 963 |
the Revised Code. | 964 |
Sec. 4511.43. (A) Except when directed to proceed by a law | 969 |
enforcement officer, every driver of a vehicle or trackless | 970 |
trolley approaching a stop sign shall stop at a clearly marked | 971 |
stop line, but if none, before entering the crosswalk on the near | 972 |
side of the intersection, or, if none, then at the point nearest | 973 |
the intersecting roadway where the driver has a view of | 974 |
approaching traffic on the intersecting roadway before entering | 975 |
it. After having stopped, the driver shall yield the right-of-way | 976 |
to any vehicle in the intersection or approaching on another | 977 |
roadway so closely as to constitute an immediate hazard during the | 978 |
time the driver is moving across or within the intersection or | 979 |
junction of roadways. | 980 |
(B) The driver of a vehicle or trackless trolley approaching | 981 |
a yield sign shall slow down to a speed reasonable for the | 982 |
existing conditions and, if required for safety to stop, shall | 983 |
stop at a clearly marked stop line, but if none, before entering | 984 |
the crosswalk on the near side of the intersection, or, if none, | 985 |
then at the point nearest the intersecting roadway where the | 986 |
driver has a view of approaching traffic on the intersecting | 987 |
roadway before entering it. After slowing or stopping, the driver | 988 |
shall yield the right-of-way to any vehicle or trackless trolley | 989 |
in the intersection or approaching on another roadway so closely | 990 |
as to constitute an immediate hazard during the time the driver is | 991 |
moving across or within the intersection or junction of roadways. | 992 |
Whenever a driver is involved in a collision with a vehicle or | 993 |
trackless trolley in the intersection or junction of roadways, | 994 |
after driving past a yield sign without stopping, the collision | 995 |
shall be prima-facie evidence of the driver's failure to yield the | 996 |
right-of-way. | 997 |
(C)(1) Except as otherwise provided in this division (C)(1) | 998 |
of this section, whoever violates this section is guilty of a | 999 |
minor misdemeanor. If, within one year of the offense, the | 1000 |
offender previously has been convicted of or pleaded guilty to one | 1001 |
predicate motor vehicle or traffic offense, whoever violates this | 1002 |
section is guilty of a misdemeanor of the fourth degree. If, | 1003 |
within one year of the offense, the offender previously has been | 1004 |
convicted of two or more predicate motor vehicle or traffic | 1005 |
offenses, whoever violates this section is guilty of a misdemeanor | 1006 |
of the third degree. | 1007 |
(2) If the offender's violation of division (A) or (B) of | 1008 |
this section resulted in serious physical harm to another person, | 1009 |
the court, in addition to any penalty the court imposes upon the | 1010 |
offender pursuant to division (C)(1) of this section and | 1011 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 1012 |
a fine of not more than five hundred dollars. The court also shall | 1013 |
impose a class eight license suspension of the offender's driver's | 1014 |
license, commercial driver's license, temporary instruction | 1015 |
permit, probationary license, or nonresident operating privilege | 1016 |
from the range specified in division (A)(8) of section 4510.02 of | 1017 |
the Revised Code. The court also shall assess at least two, and | 1018 |
may assess three or four, points against the offender's driver's | 1019 |
license, commercial driver's license, temporary instruction | 1020 |
permit, probationary license, or nonresident operating privilege. | 1021 |
The court shall notify the registrar of motor vehicles of the | 1022 |
number of points assessed in accordance with sections 4510.03 to | 1023 |
4510.036 of the Revised Code. | 1024 |
(3) If the offender's violation of division (A) or (B) of | 1029 |
this section resulted in the death of another person, the court, | 1030 |
in addition to any penalty the court imposes upon the offender | 1031 |
pursuant to division (C)(1) of this section and notwithstanding | 1032 |
section 2929.28 of the Revised Code, shall impose a fine of not | 1033 |
more than one thousand dollars. The court also shall impose a | 1034 |
class seven license suspension of the offender's driver's license, | 1035 |
commercial driver's license, temporary instruction permit, | 1036 |
probationary license, or nonresident operating privilege from the | 1037 |
range specified in division (A)(7) of section 4510.02 of the | 1038 |
Revised Code. The court also shall assess at least two, and may | 1039 |
assess three, four, five, or six, points against the offender's | 1040 |
driver's license, commercial driver's license, temporary | 1041 |
instruction permit, probationary license, or nonresident operating | 1042 |
privilege. The court shall notify the registrar of the number of | 1043 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 1044 |
the Revised Code. | 1045 |
Sec. 4511.431. (A) The driver of a vehicle or trackless | 1050 |
trolley emerging from an alley, building, private road, or | 1051 |
driveway within a business or residence district shall stop the | 1052 |
vehicle or trackless trolley immediately prior to driving onto a | 1053 |
sidewalk or onto the sidewalk area extending across the alley, | 1054 |
building entrance, road, or driveway, or in the event there is no | 1055 |
sidewalk area, shall stop at the point nearest the street to be | 1056 |
entered where the driver has a view of approaching traffic | 1057 |
thereon. | 1058 |
(B)(1) Except as otherwise provided in this division (B)(1) | 1059 |
of this section, whoever violates this section is guilty of a | 1060 |
minor misdemeanor. If, within one year of the offense, the | 1061 |
offender previously has been convicted of or pleaded guilty to one | 1062 |
predicate motor vehicle or traffic offense, whoever violates this | 1063 |
section is guilty of a misdemeanor of the fourth degree. If, | 1064 |
within one year of the offense, the offender previously has been | 1065 |
convicted of two or more predicate motor vehicle or traffic | 1066 |
offenses, whoever violates this section is guilty of a misdemeanor | 1067 |
of the third degree. | 1068 |
(2) If the offender's violation of division (A) of this | 1069 |
section resulted in serious physical harm to another person, the | 1070 |
court, in addition to any penalty the court imposes upon the | 1071 |
offender pursuant to division (B)(1) of this section and | 1072 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 1073 |
a fine of not more than five hundred dollars. The court also shall | 1074 |
impose a class eight license suspension of the offender's driver's | 1075 |
license, commercial driver's license, temporary instruction | 1076 |
permit, probationary license, or nonresident operating privilege | 1077 |
from the range specified in division (A)(8) of section 4510.02 of | 1078 |
the Revised Code. The court also shall assess at least two, and | 1079 |
may assess three or four, points against the offender's driver's | 1080 |
license, commercial driver's license, temporary instruction | 1081 |
permit, probationary license, or nonresident operating privilege. | 1082 |
The court shall notify the registrar of motor vehicles of the | 1083 |
number of points assessed in accordance with sections 4510.03 to | 1084 |
4510.036 of the Revised Code. | 1085 |
(3) If the offender's violation of division (A) of this | 1090 |
section resulted in the death of another person, the court, in | 1091 |
addition to any penalty the court imposes upon the offender | 1092 |
pursuant to division (B)(1) of this section and notwithstanding | 1093 |
section 2929.28 of the Revised Code, shall impose a fine of not | 1094 |
more than one thousand dollars. The court also shall impose a | 1095 |
class seven license suspension of the offender's driver's license, | 1096 |
commercial driver's license, temporary instruction permit, | 1097 |
probationary license, or nonresident operating privilege from the | 1098 |
range specified in division (A)(7) of section 4510.02 of the | 1099 |
Revised Code. The court also shall assess at least two, and may | 1100 |
assess three, four, five, or six, points against the offender's | 1101 |
driver's license, commercial driver's license, temporary | 1102 |
instruction permit, probationary license, or nonresident operating | 1103 |
privilege. The court shall notify the registrar of the number of | 1104 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 1105 |
the Revised Code. | 1106 |
(B)(1) Except as otherwise provided in this division (B)(1) | 1115 |
of this section, whoever violates this section is guilty of a | 1116 |
minor misdemeanor. If, within one year of the offense, the | 1117 |
offender previously has been convicted of or pleaded guilty to one | 1118 |
predicate motor vehicle or traffic offense, whoever violates this | 1119 |
section is guilty of a misdemeanor of the fourth degree. If, | 1120 |
within one year of the offense, the offender previously has been | 1121 |
convicted of two or more predicate motor vehicle or traffic | 1122 |
offenses, whoever violates this section is guilty of a misdemeanor | 1123 |
of the third degree. | 1124 |
(2) If the offender's violation of division (A) of this | 1125 |
section resulted in serious physical harm to another person, the | 1126 |
court, in addition to any penalty the court imposes upon the | 1127 |
offender pursuant to division (B)(1) of this section and | 1128 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 1129 |
a fine of not more than five hundred dollars. The court also shall | 1130 |
impose a class eight license suspension of the offender's driver's | 1131 |
license, commercial driver's license, temporary instruction | 1132 |
permit, probationary license, or nonresident operating privilege | 1133 |
from the range specified in division (A)(8) of section 4510.02 of | 1134 |
the Revised Code. The court also shall assess at least two, and | 1135 |
may assess three or four, points against the offender's driver's | 1136 |
license, commercial driver's license, temporary instruction | 1137 |
permit, probationary license, or nonresident operating privilege. | 1138 |
The court shall notify the registrar of motor vehicles of the | 1139 |
number of points assessed in accordance with sections 4510.03 to | 1140 |
4510.036 of the Revised Code. | 1141 |
(3) If the offender's violation of division (A) of this | 1146 |
section resulted in the death of another person, the court, in | 1147 |
addition to any penalty the court imposes upon the offender | 1148 |
pursuant to division (B)(1) of this section and notwithstanding | 1149 |
section 2929.28 of the Revised Code, shall impose a fine of not | 1150 |
more than one thousand dollars. The court also shall impose a | 1151 |
class seven license suspension of the offender's driver's license, | 1152 |
commercial driver's license, temporary instruction permit, | 1153 |
probationary license, or nonresident operating privilege from the | 1154 |
range specified in division (A)(7) of section 4510.02 of the | 1155 |
Revised Code. The court also shall assess at least two, and may | 1156 |
assess three, four, five, or six, points against the offender's | 1157 |
driver's license, commercial driver's license, temporary | 1158 |
instruction permit, probationary license, or nonresident operating | 1159 |
privilege. The court shall notify the registrar of the number of | 1160 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 1161 |
the Revised Code. | 1162 |
(B)(1) Except as otherwise provided in this division (B)(1) | 1169 |
of this section, whoever violates this section is guilty of a | 1170 |
minor misdemeanor. If, within one year of the offense, the | 1171 |
offender previously has been convicted of or pleaded guilty to one | 1172 |
predicate motor vehicle or
traffic offense, whoever violates this | 1173 |
section is guilty of a misdemeanor of the fourth degree. If, | 1174 |
within one year of the offense, the offender previously has been | 1175 |
convicted of two or more predicate motor vehicle or traffic | 1176 |
offenses, whoever violates this section is guilty of a misdemeanor | 1177 |
of the third degree. | 1178 |
(2) If the offender's violation of division (A) of this | 1179 |
section resulted in serious physical harm to another person, the | 1180 |
court, in addition to any penalty the court imposes upon the | 1181 |
offender pursuant to division (B)(1) of this section and | 1182 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 1183 |
a fine of not more than five hundred dollars. The court also shall | 1184 |
impose a class eight license suspension of the offender's driver's | 1185 |
license, commercial driver's license, temporary instruction | 1186 |
permit, probationary license, or nonresident operating privilege | 1187 |
from the range specified in division (A)(8) of section 4510.02 of | 1188 |
the Revised Code. The court also shall assess at least two, and | 1189 |
may assess three or four, points against the offender's driver's | 1190 |
license, commercial driver's license, temporary instruction | 1191 |
permit, probationary license, or nonresident operating privilege. | 1192 |
The court shall notify the registrar of motor vehicles of the | 1193 |
number of points assessed in accordance with sections 4510.03 to | 1194 |
4510.036 of the Revised Code. | 1195 |
(3) If the offender's violation of division (A) of this | 1200 |
section resulted in the death of another person, the court, in | 1201 |
addition to any penalty the court imposes upon the offender | 1202 |
pursuant to division (B)(1) of this section and notwithstanding | 1203 |
section 2929.28 of the Revised Code, shall impose a fine of not | 1204 |
more than one thousand dollars. The court also shall impose a | 1205 |
class seven license suspension of the offender's driver's license, | 1206 |
commercial driver's license, temporary instruction permit, | 1207 |
probationary license, or nonresident operating privilege from the | 1208 |
range specified in division (A)(7) of section 4510.02 of the | 1209 |
Revised Code. The court also shall assess at least two, and may | 1210 |
assess three, four, five, or six, points against the offender's | 1211 |
driver's license, commercial driver's license, temporary | 1212 |
instruction permit, probationary license, or nonresident operating | 1213 |
privilege. The court shall notify the registrar of the number of | 1214 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 1215 |
the Revised Code. | 1216 |
Sec. 4511.45. (A)(1) Upon the approach of a public safety | 1221 |
vehicle or coroner's vehicle, equipped with at least one flashing, | 1222 |
rotating or oscillating light visible under normal atmospheric | 1223 |
conditions from a distance of five hundred feet to the front of | 1224 |
the vehicle and the driver is giving an audible signal by siren, | 1225 |
exhaust whistle, or bell, no driver of any other vehicle shall | 1226 |
fail to yield the right-of-way, immediately drive if practical to | 1227 |
a position parallel to, and as close as possible to, the right | 1228 |
edge or curb of the highway clear of any intersection, and stop | 1229 |
and remain in that position until the public safety vehicle or | 1230 |
coroner's vehicle has passed, except when otherwise directed by a | 1231 |
police officer. | 1232 |
(C) This section applies to a coroner's vehicle only when the | 1244 |
vehicle is operated in accordance with section 4513.171 of the | 1245 |
Revised Code. As used in this section, "coroner's vehicle" means a | 1246 |
vehicle used by a coroner, deputy coroner, or coroner's | 1247 |
investigator that is equipped with a flashing, oscillating, or | 1248 |
rotating red or blue light and a siren, exhaust whistle, or bell | 1249 |
capable of giving an audible signal. | 1250 |
(D)(1) Except as otherwise provided in this division (D)(1) | 1251 |
of this section, whoever violates division (A)(1) or (2) of this | 1252 |
section is guilty of a misdemeanor of the fourth degree on a first | 1253 |
offense. On a second offense within one year after the first | 1254 |
offense, the person is guilty of a misdemeanor of the third | 1255 |
degree, and, on each subsequent offense within one year after the | 1256 |
first offense, the person is guilty of a misdemeanor of the second | 1257 |
degree. | 1258 |
(2)(a) If the offender's violation of division (A)(1) or (2) | 1259 |
of this section resulted in serious physical harm to another | 1260 |
person and the offender, within one year of the offense, has been | 1261 |
convicted of or pleaded guilty to one or fewer violations of | 1262 |
division (A)(1) or (2) of this section, the court, in addition to | 1263 |
any penalty the court imposes upon the offender pursuant to | 1264 |
division (D)(1) of this section and notwithstanding section | 1265 |
2929.28 of the Revised Code, shall impose a fine of not more than | 1266 |
five hundred dollars. The court also shall impose a class eight | 1267 |
license suspension of the offender's driver's license, commercial | 1268 |
driver's license, temporary instruction permit, probationary | 1269 |
license, or nonresident operating privilege from the range | 1270 |
specified in division (A)(8) of section 4510.02 of the Revised | 1271 |
Code. The court also shall assess at least two, and may assess | 1272 |
three or four, points against the offender's driver's license, | 1273 |
commercial driver's license, temporary instruction permit, | 1274 |
probationary license, or nonresident operating privilege. The | 1275 |
court shall notify the registrar of motor vehicles of the number | 1276 |
of points assessed in accordance with sections 4510.03 to 4510.036 | 1277 |
of the Revised Code. | 1278 |
(b) If the offender's violation of division (A)(1) or (2) of | 1283 |
this section resulted in serious physical harm to another person | 1284 |
and the offender, within one year of the offense, has been | 1285 |
convicted of or pleaded guilty to two or more violations of | 1286 |
division (A)(1) or (2) of this section, the court shall impose a | 1287 |
fine of not more than seven hundred fifty dollars. The court also | 1288 |
shall impose a class eight license suspension of the offender's | 1289 |
driver's license, commercial driver's license, temporary | 1290 |
instruction permit, probationary license, or nonresident operating | 1291 |
privilege from the range specified in division (A)(8) of section | 1292 |
4510.02 of the Revised Code. The court also shall assess at least | 1293 |
two, and may assess three or four, points against the offender's | 1294 |
driver's license, commercial driver's license, temporary | 1295 |
instruction permit, probationary license, or nonresident operating | 1296 |
privilege. The court shall notify the registrar of motor vehicles | 1297 |
of the number of points assessed in accordance with sections | 1298 |
4510.03 to 4510.036 of the Revised Code. | 1299 |
(3) If the offender's violation of division (A)(1) or (2) of | 1304 |
this section resulted in the death of another person, the court, | 1305 |
in addition to any penalty the court imposes upon the offender | 1306 |
pursuant to division (D)(1) of this section and notwithstanding | 1307 |
section 2929.28 of the Revised Code, shall impose a fine of not | 1308 |
more than one thousand dollars. The court also shall impose a | 1309 |
class seven license suspension of the offender's driver's license, | 1310 |
commercial driver's license, temporary instruction permit, | 1311 |
probationary license, or nonresident operating privilege from the | 1312 |
range specified in division (A)(7) of section 4510.02 of the | 1313 |
Revised Code. The court also shall assess at least two, and may | 1314 |
assess three, four, five, or six, points against the offender's | 1315 |
driver's license, commercial driver's license, temporary | 1316 |
instruction permit, probationary license, or nonresident operating | 1317 |
privilege. The court shall notify the registrar of the number of | 1318 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 1319 |
the Revised Code. | 1320 |
(B) Excepting public safety vehicles proceeding in accordance | 1332 |
with section 4511.45 of the Revised Code or when directed | 1333 |
otherwise by a police officer, pedestrians and the operators of | 1334 |
all vehicles, street cars, and trackless trolleys shall yield the | 1335 |
right of way to each vehicle that is a part of a funeral | 1336 |
procession. Whenever the lead vehicle in a funeral procession | 1337 |
lawfully enters an intersection, the remainder of the vehicles in | 1338 |
the procession may continue to follow the lead vehicle through the | 1339 |
intersection notwithstanding any traffic control devices or right | 1340 |
of way provisions of the Revised Code, provided that the operator | 1341 |
of each vehicle exercises due care to avoid colliding with any | 1342 |
other vehicle or pedestrian. | 1343 |
(D)(1) Except as otherwise provided in this division (D)(1) | 1349 |
of this section, whoever violates this section is guilty of a | 1350 |
minor misdemeanor. If, within one year of the offense, the | 1351 |
offender previously has been convicted of or pleaded guilty to one | 1352 |
predicate motor vehicle or traffic offense, whoever violates this | 1353 |
section is guilty of a misdemeanor of the fourth degree. If, | 1354 |
within one year of the offense, the offender previously has been | 1355 |
convicted of two or more predicate motor vehicle or traffic | 1356 |
offenses, whoever violates this section is guilty of a misdemeanor | 1357 |
of the third degree. | 1358 |
(2) If the offender's violation of division (B) of this | 1359 |
section resulted in serious physical harm to another person, the | 1360 |
court, in addition to any penalty the court imposes upon the | 1361 |
offender pursuant to division (D)(1) of this section and | 1362 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 1363 |
a fine of not more than five hundred dollars. The court also shall | 1364 |
impose a class eight license suspension of the offender's driver's | 1365 |
license, commercial driver's license, temporary instruction | 1366 |
permit, probationary license, or nonresident operating privilege | 1367 |
from the range specified in division (A)(8) of section 4510.02 of | 1368 |
the Revised Code. The court also shall assess at least two, and | 1369 |
may assess three or four, points against the offender's driver's | 1370 |
license, commercial driver's license, temporary instruction | 1371 |
permit, probationary license, or nonresident operating privilege. | 1372 |
The court shall notify the registrar of motor vehicles of the | 1373 |
number of points assessed in accordance with sections 4510.03 to | 1374 |
4510.036 of the Revised Code. | 1375 |
(3) If the offender's violation of division (B) of this | 1380 |
section resulted in the death of another person, the court, in | 1381 |
addition to any penalty the court imposes upon the offender | 1382 |
pursuant to division (D)(1) of this section and notwithstanding | 1383 |
section 2929.28 of the Revised Code, shall impose a fine of not | 1384 |
more than one thousand dollars. The court also shall impose a | 1385 |
class seven license suspension of the offender's driver's license, | 1386 |
commercial driver's license, temporary instruction permit, | 1387 |
probationary license, or nonresident operating privilege from the | 1388 |
range specified in division (A)(7) of section 4510.02 of the | 1389 |
Revised Code. The court also shall assess at least two, and may | 1390 |
assess three, four, five, or six, points against the offender's | 1391 |
driver's license, commercial driver's license, temporary | 1392 |
instruction permit, probationary license, or nonresident operating | 1393 |
privilege. The court shall notify the registrar of the number of | 1394 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 1395 |
the Revised Code. | 1396 |
Sec. 4511.46. (A) When traffic control signals are not in | 1401 |
place, not in operation, or are not clearly assigning the | 1402 |
right-of-way, the driver of a vehicle, trackless trolley, or | 1403 |
streetcar shall yield the right of way, slowing down or stopping | 1404 |
if need be to so yield or if required by section 4511.132 of the | 1405 |
Revised Code, to a pedestrian crossing the roadway within a | 1406 |
crosswalk when the pedestrian is upon the half of the roadway upon | 1407 |
which the vehicle is traveling, or when the pedestrian is | 1408 |
approaching so closely from the opposite half of the roadway as to | 1409 |
be in danger. | 1410 |
(E)(1) Except as otherwise provided in this division (E)(1) | 1424 |
of this section, whoever violates this section is guilty of a | 1425 |
minor misdemeanor. If, within one year of the offense, the | 1426 |
offender previously has been convicted of or pleaded guilty to one | 1427 |
predicate motor vehicle or traffic offense, whoever violates this | 1428 |
section is guilty of a misdemeanor of the fourth degree. If, | 1429 |
within one year of the offense, the offender previously has been | 1430 |
convicted of two or more predicate motor vehicle or traffic | 1431 |
offenses, whoever violates this section is guilty of a misdemeanor | 1432 |
of the third degree. | 1433 |
(2) If the offender's violation of division (A) or (D) of | 1434 |
this section resulted in serious physical harm to another person, | 1435 |
the court, in addition to any penalty the court imposes upon the | 1436 |
offender pursuant to division (E)(1) of this section and | 1437 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 1438 |
a fine of not more than five hundred dollars. The court also shall | 1439 |
impose a class eight license suspension of the offender's driver's | 1440 |
license, commercial driver's license, temporary instruction | 1441 |
permit, probationary license, or nonresident operating privilege | 1442 |
from the range specified in division (A)(8) of section 4510.02 of | 1443 |
the Revised Code. The court also shall assess at least two, and | 1444 |
may assess three or four, points against the offender's driver's | 1445 |
license, commercial driver's license, temporary instruction | 1446 |
permit, probationary license, or nonresident operating privilege. | 1447 |
The court shall notify the registrar of motor vehicles of the | 1448 |
number of points assessed in accordance with sections 4510.03 to | 1449 |
4510.036 of the Revised Code. | 1450 |
(3) If the offender's violation of division (A) or (D) of | 1455 |
this section resulted in the death of another person, the court, | 1456 |
in addition to any penalty the court imposes upon the offender | 1457 |
pursuant to division (E)(1) of this section and notwithstanding | 1458 |
section 2929.28 of the Revised Code, shall impose a fine of not | 1459 |
more than one thousand dollars. The court also shall impose a | 1460 |
class seven license suspension of the offender's driver's license, | 1461 |
commercial driver's license, temporary instruction permit, | 1462 |
probationary license, or nonresident operating privilege from the | 1463 |
range specified in division (A)(7) of section 4510.02 of the | 1464 |
Revised Code. The court also shall assess at least two, and may | 1465 |
assess three, four, five, or six, points against the offender's | 1466 |
driver's license, commercial driver's license, temporary | 1467 |
instruction permit, probationary license, or nonresident operating | 1468 |
privilege. The court shall notify the registrar of the number of | 1469 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 1470 |
the Revised Code. | 1471 |
(C)(1) Except as otherwise provided in this division (C)(1) | 1489 |
of this section, whoever violates this section is guilty of a | 1490 |
minor misdemeanor. If, within one year of the offense, the | 1491 |
offender previously has been convicted of or pleaded guilty to one | 1492 |
predicate motor vehicle or traffic offense, whoever violates this | 1493 |
section is guilty of a misdemeanor of the fourth degree. If, | 1494 |
within one year of the offense, the offender previously has been | 1495 |
convicted of two or more predicate motor vehicle or traffic | 1496 |
offenses, whoever violates this section is guilty of a misdemeanor | 1497 |
of the third degree. | 1498 |
(2) If the offender's violation of division (A) of this | 1499 |
section resulted in serious physical harm to another person, the | 1500 |
court, in addition to any penalty the court imposes upon the | 1501 |
offender pursuant to division (C)(1) of this section and | 1502 |
notwithstanding section 2929.28 of the Revised Code, shall impose | 1503 |
a fine of not more than five hundred dollars. The court also shall | 1504 |
impose a class eight license suspension of the offender's driver's | 1505 |
license, commercial driver's license, temporary instruction | 1506 |
permit, probationary license, or nonresident operating privilege | 1507 |
from the range specified in division (A)(8) of section 4510.02 of | 1508 |
the Revised Code. The court also shall assess at least two, and | 1509 |
may assess three or four, points against the offender's driver's | 1510 |
license, commercial driver's license, temporary instruction | 1511 |
permit, probationary license, or nonresident operating privilege. | 1512 |
The court shall notify the registrar of motor vehicles of the | 1513 |
number of points assessed in accordance with sections 4510.03 to | 1514 |
4510.036 of the Revised Code. | 1515 |
(3) If the offender's violation of division (A) of this | 1520 |
section resulted in the death of another person, the court, in | 1521 |
addition to any penalty the court imposes upon the offender | 1522 |
pursuant to division (C)(1) of this section and notwithstanding | 1523 |
section 2929.28 of the Revised Code, shall impose a fine of not | 1524 |
more than one thousand dollars. The court also shall impose a | 1525 |
class seven license suspension of the offender's driver's license, | 1526 |
commercial driver's license, temporary instruction permit, | 1527 |
probationary license, or nonresident operating privilege from the | 1528 |
range specified in division (A)(7) of section 4510.02 of the | 1529 |
Revised Code. The court also shall assess at least two, and may | 1530 |
assess three, four, five, or six, points against the offender's | 1531 |
driver's license, commercial driver's license, temporary | 1532 |
instruction permit, probationary license, or nonresident operating | 1533 |
privilege. The court shall notify the registrar of the number of | 1534 |
points assessed in accordance with sections 4510.03 to 4510.036 of | 1535 |
the Revised Code. | 1536 |
Sec. 4513.39. (A) The state highway patrol and sheriffs or | 1541 |
their deputies shall exercise, to the exclusion of all other peace | 1542 |
officers except within municipal corporations and except as | 1543 |
specified in division (B) of this section and division (E) of | 1544 |
section 2935.03 of the Revised Code, the power to make arrests for | 1545 |
violations on all state highways, of sections 4503.11, 4503.21, | 1546 |
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40, | 1547 |
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03 | 1548 |
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01, | 1549 |
4549.08 to 4549.12, and 4549.62 of the Revised Code. | 1550 |
(B) A member of the police force of a township police | 1551 |
district created under section 505.48 of the Revised Code, and a | 1552 |
township constable appointed pursuant to section 509.01 of the | 1553 |
Revised Code, who has received a certificate from the Ohio peace | 1554 |
officer training commission under section 109.75 of the Revised | 1555 |
Code, shall exercise the power to make arrests for violations of | 1556 |
those sections listed in division (A) of this section, other than | 1557 |
sections 4513.33 and 4513.34 of the Revised Code, as follows: | 1558 |
(1) If the population of the township that created the | 1559 |
township police district served by the member's police force or | 1560 |
the township that is served by the township constable is fifty | 1561 |
thousand or less, the member or constable shall exercise that | 1562 |
power on those portions of all state highways, except those | 1563 |
highways included as part of the interstate system, as defined in | 1564 |
section 5516.01 of the Revised Code, that are located within the | 1565 |
township police district, in the case of a member of a township | 1566 |
police district police force, or within the unincorporated | 1567 |
territory of the township, in the case of a township constable; | 1568 |
(2) If the population of the township that created the | 1569 |
township police district served by the member's police force or | 1570 |
the township that is served by the township constable is greater | 1571 |
than fifty thousand, the member or constable shall exercise that | 1572 |
power on those portions of all state highways and highways | 1573 |
included as part of the interstate highway system, as defined in | 1574 |
section 5516.01 of the Revised Code, that are located within the | 1575 |
township police district, in the case of a member of a township | 1576 |
police district police force, or within the unincorporated | 1577 |
territory of the township, in the case of a township constable. | 1578 |
(C)(1) When investigating a motor vehicle accident that | 1579 |
involves an offender's motor vehicle and another motor vehicle, a | 1580 |
bicycle, or a pedestrian in which an injured person who is not the | 1581 |
offender is transported to a medical facility for emergency | 1582 |
medical treatment, if the state highway patrol trooper, sheriff, | 1583 |
sheriff's deputy, or other peace officer investigating the | 1584 |
accident has reason to believe that serious physical harm to, or | 1585 |
the death of, that person has occurred as a result of a violation | 1586 |
of any of the provisions of sections 4511.01 to 4511.76 of the | 1587 |
Revised Code, the state highway patrol trooper, sheriff, sheriff's | 1588 |
deputy, or other peace officer may issue to the offender a ticket, | 1589 |
citation, or summons of the type described in division (C)(3) of | 1590 |
this section for the violation that charges that the offender | 1591 |
committed the violation and that the violation resulted in serious | 1592 |
physical harm to, or the death of, another person, whichever is | 1593 |
applicable. | 1594 |
(2) If an injured person is transported to a medical facility | 1595 |
as described in division (C)(1) of this section and the medical | 1596 |
facility informs the investigating trooper, sheriff, sheriff's | 1597 |
deputy, or other peace officer that the offender caused serious | 1598 |
physical harm to, or the death of, the injured person, if the | 1599 |
offender has not been issued a ticket, citation, or summons for | 1600 |
the violation under division (C)(1) of this section, and if the | 1601 |
offender is not subject to indictment for any other violation | 1602 |
arising from the motor vehicle accident, the investigating | 1603 |
trooper, sheriff, sheriff's deputy, or other peace officer may | 1604 |
issue to the offender a ticket, citation, or summons of the type | 1605 |
described in division (C)(3) of this section for the violation of | 1606 |
a provision of sections 4511.01 to 4511.76 of the Revised Code | 1607 |
that charges that the offender committed the violation and that | 1608 |
the violation resulted in serious physical harm to, or the death | 1609 |
of, another person, whichever is applicable. | 1610 |
Section 2. That existing sections 4510.02, 4510.036, 4511.21, | 1617 |
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, | 1618 |
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 of the Revised | 1619 |
Code are hereby repealed. | 1620 |