As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 137

Senator Patton 

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A BILL

To amend sections 4511.01, 4511.04, 4511.213, and

1

4513.17 to require motor vehicle operators to take

2

certain actions upon approaching a highway

3

maintenance vehicle and to repeal the version of

4

section 4511.01 of the Revised Code that is

5

scheduled to take effect on January 1, 2017.

6

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

Section 1.  That sections 4511.01, 4511.04, 4511.213, and	7
4513.17 of the Revised Code be amended to read as follows:	8

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	9
of the Revised Code:	10

(A) "Vehicle" means every device, including a motorized	11
bicycle, in, upon, or by which any person or property may be	12
transported or drawn upon a highway, except that "vehicle" does	13
not include any motorized wheelchair, any electric personal	14
assistive mobility device, any device that is moved by power	15
collected from overhead electric trolley wires or that is used	16
exclusively upon stationary rails or tracks, or any device, other	17
than a bicycle, that is moved by human power.	18

(B) "Motor vehicle" means every vehicle propelled or drawn by	19
power other than muscular power or power collected from overhead	20
electric trolley wires, except motorized bicycles, road rollers,	21
traction engines, power shovels, power cranes, and other equipment	22
used in construction work and not designed for or employed in	23
general highway transportation, hole-digging machinery,	24
well-drilling machinery, ditch-digging machinery, farm machinery,	25
and trailers designed and used exclusively to transport a boat	26
between a place of storage and a marina, or in and around a	27
marina, when drawn or towed on a street or highway for a distance	28
of no more than ten miles and at a speed of twenty-five miles per	29
hour or less.	30

(C)(1) Until January 1, 2017, "Motorcyclemotorcycle" means	31
every motor vehicle, other than a tractor, having a seat or saddle	32
for the use of the operator and designed to travel on not more	33
than three wheels in contact with the ground, including, but not	34
limited to, motor vehicles known as "motor-driven cycle," "motor	35
scooter," or "motorcycle" without regard to weight or brake	36
horsepower.	37

(2) Effective January 1, 2017, "motorcycle" means every motor	38
vehicle, other than a tractor, having a seat or saddle for the use	39
of the operator and designed to travel on not more than three	40
wheels in contact with the ground, including, but not limited to,	41
motor vehicles known as "motor-driven cycle," "motor scooter,"	42
"cab-enclosed motorcycle," or "motorcycle" without regard to	43
weight or brake horsepower.	44

(D) "Emergency vehicle" means emergency vehicles of	45
municipal, township, or county departments or public utility	46
corporations when identified as such as required by law, the	47
director of public safety, or local authorities, and motor	48
vehicles when commandeered by a police officer.	49

(E) "Public safety vehicle" means any of the following:

50

(1) Ambulances, including private ambulance companies under	51
contract to a municipal corporation, township, or county, and	52
private ambulances and nontransport vehicles bearing license	53
plates issued under section 4503.49 of the Revised Code;	54

(2) Motor vehicles used by public law enforcement officers or	55
other persons sworn to enforce the criminal and traffic laws of	56
the state;	57

(3) Any motor vehicle when properly identified as required by	58
the director of public safety, when used in response to fire	59
emergency calls or to provide emergency medical service to ill or	60
injured persons, and when operated by a duly qualified person who	61
is a member of a volunteer rescue service or a volunteer fire	62
department, and who is on duty pursuant to the rules or directives	63
of that service. The state fire marshal shall be designated by the	64
director of public safety as the certifying agency for all public	65
safety vehicles described in division (E)(3) of this section.	66

(4) Vehicles used by fire departments, including motor	67
vehicles when used by volunteer fire fighters responding to	68
emergency calls in the fire department service when identified as	69
required by the director of public safety.	70

Any vehicle used to transport or provide emergency medical	71
service to an ill or injured person, when certified as a public	72
safety vehicle, shall be considered a public safety vehicle when	73
transporting an ill or injured person to a hospital regardless of	74
whether such vehicle has already passed a hospital.	75

(5) Vehicles used by the motor carrier enforcement unit for	76
the enforcement of orders and rules of the public utilities	77
commission as specified in section 5503.34 of the Revised Code.	78

(F) "School bus" means every bus designed for carrying more	79
than nine passengers that is owned by a public, private, or	80
governmental agency or institution of learning and operated for	81
the transportation of children to or from a school session or a	82
school function, or owned by a private person and operated for	83
compensation for the transportation of children to or from a	84
school session or a school function, provided "school bus" does	85
not include a bus operated by a municipally owned transportation	86
system, a mass transit company operating exclusively within the	87
territorial limits of a municipal corporation, or within such	88
limits and the territorial limits of municipal corporations	89
immediately contiguous to such municipal corporation, nor a common	90
passenger carrier certified by the public utilities commission	91
unless such bus is devoted exclusively to the transportation of	92
children to and from a school session or a school function, and	93
"school bus" does not include a van or bus used by a licensed	94
child day-care center or type A family day-care home to transport	95
children from the child day-care center or type A family day-care	96
home to a school if the van or bus does not have more than fifteen	97
children in the van or bus at any time.	98

(G) "Bicycle" means every device, other than a device that is	99
designed solely for use as a play vehicle by a child, that is	100
propelled solely by human power upon which a person may ride, and	101
that has two or more wheels, any of which is more than fourteen	102
inches in diameter.	103

(H)(1) Until January 1, 2017, "Motorizedmotorized bicycle"	104
means any vehicle having either two tandem wheels or one wheel in	105
the front and two wheels in the rear, that is capable of being	106
pedaled and is equipped with a helper motor of not more than fifty	107
cubic centimeters piston displacement that produces no more than	108
one brake horsepower and is capable of propelling the vehicle at a	109
speed of no greater than twenty miles per hour on a level surface.	110

(2) Effective January 1, 2017, "motorized bicycle" or "moped"	111
means any vehicle having either two tandem wheels or one wheel in	112
the front and two wheels in the rear, that may be pedaled, and	113
that is equipped with a helper motor of not more than fifty cubic	114
centimeters piston displacement that produces not more than one	115
brake horsepower and is capable of propelling the vehicle at a	116
speed of not greater than twenty miles per hour on a level	117
surface.	118

(I) "Commercial tractor" means every motor vehicle having	119
motive power designed or used for drawing other vehicles and not	120
so constructed as to carry any load thereon, or designed or used	121
for drawing other vehicles while carrying a portion of such other	122
vehicles, or load thereon, or both.	123

(J) "Agricultural tractor" means every self-propelling	124
vehicle designed or used for drawing other vehicles or wheeled	125
machinery but having no provision for carrying loads independently	126
of such other vehicles, and used principally for agricultural	127
purposes.	128

(K) "Truck" means every motor vehicle, except trailers and	129
semitrailers, designed and used to carry property.	130

(L) "Bus" means every motor vehicle designed for carrying	131
more than nine passengers and used for the transportation of	132
persons other than in a ridesharing arrangement, and every motor	133
vehicle, automobile for hire, or funeral car, other than a taxicab	134
or motor vehicle used in a ridesharing arrangement, designed and	135
used for the transportation of persons for compensation.	136

(M) "Trailer" means every vehicle designed or used for	137
carrying persons or property wholly on its own structure and for	138
being drawn by a motor vehicle, including any such vehicle when	139
formed by or operated as a combination of a "semitrailer" and a	140
vehicle of the dolly type, such as that commonly known as a	141
"trailer dolly," a vehicle used to transport agricultural produce	142
or agricultural production materials between a local place of	143
storage or supply and the farm when drawn or towed on a street or	144
highway at a speed greater than twenty-five miles per hour, and a	145
vehicle designed and used exclusively to transport a boat between	146
a place of storage and a marina, or in and around a marina, when	147
drawn or towed on a street or highway for a distance of more than	148
ten miles or at a speed of more than twenty-five miles per hour.	149

(N) "Semitrailer" means every vehicle designed or used for	150
carrying persons or property with another and separate motor	151
vehicle so that in operation a part of its own weight or that of	152
its load, or both, rests upon and is carried by another vehicle.	153

(O) "Pole trailer" means every trailer or semitrailer	154
attached to the towing vehicle by means of a reach, pole, or by	155
being boomed or otherwise secured to the towing vehicle, and	156
ordinarily used for transporting long or irregular shaped loads	157
such as poles, pipes, or structural members capable, generally, of	158
sustaining themselves as beams between the supporting connections.	159

(P) "Railroad" means a carrier of persons or property	160
operating upon rails placed principally on a private right-of-way.	161

(Q) "Railroad train" means a steam engine or an electric or	162
other motor, with or without cars coupled thereto, operated by a	163
railroad.	164

(R) "Streetcar" means a car, other than a railroad train, for	165
transporting persons or property, operated upon rails principally	166
within a street or highway.	167

(S) "Trackless trolley" means every car that collects its	168
power from overhead electric trolley wires and that is not	169
operated upon rails or tracks.	170

(T) "Explosives" means any chemical compound or mechanical	171
mixture that is intended for the purpose of producing an explosion	172
that contains any oxidizing and combustible units or other	173
ingredients in such proportions, quantities, or packing that an	174
ignition by fire, by friction, by concussion, by percussion, or by	175
a detonator of any part of the compound or mixture may cause such	176
a sudden generation of highly heated gases that the resultant	177
gaseous pressures are capable of producing destructive effects on	178
contiguous objects, or of destroying life or limb. Manufactured	179
articles shall not be held to be explosives when the individual	180
units contain explosives in such limited quantities, of such	181
nature, or in such packing, that it is impossible to procure a	182
simultaneous or a destructive explosion of such units, to the	183
injury of life, limb, or property by fire, by friction, by	184
concussion, by percussion, or by a detonator, such as fixed	185
ammunition for small arms, firecrackers, or safety fuse matches.	186

(U) "Flammable liquid" means any liquid that has a flash	187
point of seventy degrees fahrenheit, or less, as determined by a	188
tagliabue or equivalent closed cup test device.	189

(V) "Gross weight" means the weight of a vehicle plus the	190
weight of any load thereon.	191

(W) "Person" means every natural person, firm,	192
co-partnership, association, or corporation.	193

(X) "Pedestrian" means any natural person afoot.

194

(Y) "Driver or operator" means every person who drives or is	195
in actual physical control of a vehicle, trackless trolley, or	196
streetcar.	197

(Z) "Police officer" means every officer authorized to direct	198
or regulate traffic, or to make arrests for violations of traffic	199
regulations.	200

(AA) "Local authorities" means every county, municipal, and	201
other local board or body having authority to adopt police	202
regulations under the constitution and laws of this state.	203

(BB) "Street" or "highway" means the entire width between the	204
boundary lines of every way open to the use of the public as a	205
thoroughfare for purposes of vehicular travel.	206

(CC) "Controlled-access highway" means every street or	207
highway in respect to which owners or occupants of abutting lands	208
and other persons have no legal right of access to or from the	209
same except at such points only and in such manner as may be	210
determined by the public authority having jurisdiction over such	211
street or highway.	212

(DD) "Private road or driveway" means every way or place in	213
private ownership used for vehicular travel by the owner and those	214
having express or implied permission from the owner but not by	215
other persons.	216

(EE) "Roadway" means that portion of a highway improved,	217
designed, or ordinarily used for vehicular travel, except the berm	218
or shoulder. If a highway includes two or more separate roadways	219
the term "roadway" means any such roadway separately but not all	220
such roadways collectively.	221

(FF) "Sidewalk" means that portion of a street between the	222
curb lines, or the lateral lines of a roadway, and the adjacent	223
property lines, intended for the use of pedestrians.	224

(GG) "Laned highway" means a highway the roadway of which is	225
divided into two or more clearly marked lanes for vehicular	226
traffic.	227

(HH) "Through highway" means every street or highway as	228
provided in section 4511.65 of the Revised Code.	229

(II) "State highway" means a highway under the jurisdiction	230
of the department of transportation, outside the limits of	231
municipal corporations, provided that the authority conferred upon	232
the director of transportation in section 5511.01 of the Revised	233
Code to erect state highway route markers and signs directing	234
traffic shall not be modified by sections 4511.01 to 4511.79 and	235
4511.99 of the Revised Code.	236

(JJ) "State route" means every highway that is designated	237
with an official state route number and so marked.	238

(KK) "Intersection" means:

239

(1) The area embraced within the prolongation or connection	240
of the lateral curb lines, or, if none, the lateral boundary lines	241
of the roadways of two highways that join one another at, or	242
approximately at, right angles, or the area within which vehicles	243
traveling upon different highways that join at any other angle	244
might come into conflict. The junction of an alley or driveway	245
with a roadway or highway does not constitute an intersection	246
unless the roadway or highway at the junction is controlled by a	247
traffic control device.	248

(2) If a highway includes two roadways that are thirty feet	249
or more apart, then every crossing of each roadway of such divided	250
highway by an intersecting highway constitutes a separate	251
intersection. If both intersecting highways include two roadways	252
thirty feet or more apart, then every crossing of any two roadways	253
of such highways constitutes a separate intersection.	254

(3) At a location controlled by a traffic control signal,	255
regardless of the distance between the separate intersections as	256
described in division (KK)(2) of this section:	257

(a) If a stop line, yield line, or crosswalk has not been	258
designated on the roadway within the median between the separate	259
intersections, the two intersections and the roadway and median	260
constitute one intersection.	261

(b) Where a stop line, yield line, or crosswalk line is	262
designated on the roadway on the intersection approach, the area	263
within the crosswalk and any area beyond the designated stop line	264
or yield line constitute part of the intersection.	265

(c) Where a crosswalk is designated on a roadway on the	266
departure from the intersection, the intersection includes the	267
area that extends to the far side of the crosswalk.	268

(LL) "Crosswalk" means:

269

(1) That part of a roadway at intersections ordinarily	270
included within the real or projected prolongation of property	271
lines and curb lines or, in the absence of curbs, the edges of the	272
traversable roadway;	273

(2) Any portion of a roadway at an intersection or elsewhere,	274
distinctly indicated for pedestrian crossing by lines or other	275
markings on the surface;	276

(3) Notwithstanding divisions (LL)(1) and (2) of this	277
section, there shall not be a crosswalk where local authorities	278
have placed signs indicating no crossing.	279

(MM) "Safety zone" means the area or space officially set	280
apart within a roadway for the exclusive use of pedestrians and	281
protected or marked or indicated by adequate signs as to be	282
plainly visible at all times.	283

(NN) "Business district" means the territory fronting upon a	284
street or highway, including the street or highway, between	285
successive intersections within municipal corporations where fifty	286
per cent or more of the frontage between such successive	287
intersections is occupied by buildings in use for business, or	288
within or outside municipal corporations where fifty per cent or	289
more of the frontage for a distance of three hundred feet or more	290
is occupied by buildings in use for business, and the character of	291
such territory is indicated by official traffic control devices.	292

(OO) "Residence district" means the territory, not comprising	293
a business district, fronting on a street or highway, including	294
the street or highway, where, for a distance of three hundred feet	295
or more, the frontage is improved with residences or residences	296
and buildings in use for business.	297

(PP) "Urban district" means the territory contiguous to and	298
including any street or highway which is built up with structures	299
devoted to business, industry, or dwelling houses situated at	300
intervals of less than one hundred feet for a distance of a	301
quarter of a mile or more, and the character of such territory is	302
indicated by official traffic control devices.	303

(QQ) "Traffic control device" means a flagger, sign, signal,	304
marking, or other device used to regulate, warn, or guide traffic,	305
placed on, over, or adjacent to a street, highway, private road	306
open to public travel, pedestrian facility, or shared-use path by	307
authority of a public agency or official having jurisdiction, or,	308
in the case of a private road open to public travel, by authority	309
of the private owner or private official having jurisdiction.	310

(RR) "Traffic control signal" means any highway traffic	311
signal by which traffic is alternately directed to stop and	312
permitted to proceed.	313

(SS) "Railroad sign or signal" means any sign, signal, or	314
device erected by authority of a public body or official or by a	315
railroad and intended to give notice of the presence of railroad	316
tracks or the approach of a railroad train.	317

(TT) "Traffic" means pedestrians, ridden or herded animals,	318
vehicles, streetcars, trackless trolleys, and other devices,	319
either singly or together, while using for purposes of travel any	320
highway or private road open to public travel.	321

(UU) "Right-of-way" means either of the following, as the	322
context requires:	323

(1) The right of a vehicle, streetcar, trackless trolley, or	324
pedestrian to proceed uninterruptedly in a lawful manner in the	325
direction in which it or the individual is moving in preference to	326
another vehicle, streetcar, trackless trolley, or pedestrian	327
approaching from a different direction into its or the	328
individual's path;	329

(2) A general term denoting land, property, or the interest	330
therein, usually in the configuration of a strip, acquired for or	331
devoted to transportation purposes. When used in this context,	332
right-of-way includes the roadway, shoulders or berm, ditch, and	333
slopes extending to the right-of-way limits under the control of	334
the state or local authority.	335

(VV) "Rural mail delivery vehicle" means every vehicle used	336
to deliver United States mail on a rural mail delivery route.	337

(WW) "Funeral escort vehicle" means any motor vehicle,	338
including a funeral hearse, while used to facilitate the movement	339
of a funeral procession.	340

(XX) "Alley" means a street or highway intended to provide	341
access to the rear or side of lots or buildings in urban districts	342
and not intended for the purpose of through vehicular traffic, and	343
includes any street or highway that has been declared an "alley"	344
by the legislative authority of the municipal corporation in which	345
such street or highway is located.	346

(YY) "Freeway" means a divided multi-lane highway for through	347
traffic with all crossroads separated in grade and with full	348
control of access.	349

(ZZ) "Expressway" means a divided arterial highway for	350
through traffic with full or partial control of access with an	351
excess of fifty per cent of all crossroads separated in grade.	352

(AAA) "Thruway" means a through highway whose entire roadway	353
is reserved for through traffic and on which roadway parking is	354
prohibited.	355

(BBB) "Stop intersection" means any intersection at one or	356
more entrances of which stop signs are erected.	357

(CCC) "Arterial street" means any United States or state	358
numbered route, controlled access highway, or other major radial	359
or circumferential street or highway designated by local	360
authorities within their respective jurisdictions as part of a	361
major arterial system of streets or highways.	362

(DDD) "Ridesharing arrangement" means the transportation of	363
persons in a motor vehicle where such transportation is incidental	364
to another purpose of a volunteer driver and includes ridesharing	365
arrangements known as carpools, vanpools, and buspools.	366

(EEE) "Motorized wheelchair" means any self-propelled vehicle	367
designed for, and used by, a handicapped person and that is	368
incapable of a speed in excess of eight miles per hour.	369

(FFF) "Child day-care center" and "type A family day-care	370
home" have the same meanings as in section 5104.01 of the Revised	371
Code.	372

(GGG) "Multi-wheel agricultural tractor" means a type of	373
agricultural tractor that has two or more wheels or tires on each	374
side of one axle at the rear of the tractor, is designed or used	375
for drawing other vehicles or wheeled machinery, has no provision	376
for carrying loads independently of the drawn vehicles or	377
machinery, and is used principally for agricultural purposes.	378

(HHH) "Operate" means to cause or have caused movement of a	379
vehicle, streetcar, or trackless trolley.	380

(III) "Predicate motor vehicle or traffic offense" means any	381
of the following:	382

(1) A violation of section 4511.03, 4511.051, 4511.12,	383
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	384
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	385
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	386
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	387
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	388
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	389
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	390
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	391
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	392
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	393

(2) A violation of division (A)(2) of section 4511.17,	394
divisions (A) to (D) of section 4511.51, or division (A) of	395
section 4511.74 of the Revised Code;	396

(3) A violation of any provision of sections 4511.01 to	397
4511.76 of the Revised Code for which no penalty otherwise is	398
provided in the section that contains the provision violated;	399

(4) AUntil January 1, 2017, a violation of a municipal	400
ordinance that is substantially similar to any section or	401
provision set forth or described in division (III)(1), (2), or (3)	402
of this section;	403

(5) Effective January 1, 2017, a violation of section	404
4511.214 of the Revised Code;	405

(6) Effective January 1, 2017, a violation of a municipal	406
ordinance that is substantially similar to any section or	407
provision set forth or described in division (III) (1), (2), (3),	408
or (5) of this section.	409

(JJJ) "Road service vehicle" means wreckers, utility repair	410
vehicles, and state, county, and municipal service vehicles	411
equipped with visual signals by means of flashing, rotating, or	412
oscillating lights.	413

(KKK) "Beacon" means a highway traffic signal with one or	414
more signal sections that operate in a flashing mode.	415

(LLL) "Hybrid beacon" means a type of beacon that is	416
intentionally placed in a dark mode between periods of operation	417
where no indications are displayed and, when in operation,	418
displays both steady and flashing traffic control signal	419
indications.	420

(MMM) "Highway traffic signal" means a power-operated traffic	421
control device by which traffic is warned or directed to take some	422
specific action. "Highway traffic signal" does not include a	423
power-operated sign, steadily illuminated pavement marker, warning	424
light, or steady burning electric lamp.	425

(NNN) "Median" means the area between two roadways of a	426
divided highway, measured from edge of traveled way to edge of	427
traveled way, but excluding turn lanes. The width of a median may	428
be different between intersections, between interchanges, and at	429
opposite approaches of the same intersection.	430

(OOO) "Private road open to public travel" means a private	431
toll road or road, including any adjacent sidewalks that generally	432
run parallel to the road, within a shopping center, airport,	433
sports arena, or other similar business or recreation facility	434
that is privately owned but where the public is allowed to travel	435
without access restrictions. "Private road open to public travel"	436
includes a gated toll road but does not include a road within a	437
private gated property where access is restricted at all times, a	438
parking area, a driving aisle within a parking area, or a private	439
grade crossing.	440

(PPP) "Shared-use path" means a bikeway outside the traveled	441
way and physically separated from motorized vehicular traffic by	442
an open space or barrier and either within the highway	443
right-of-way or within an independent alignment. A shared-use path	444
also may be used by pedestrians, including skaters, joggers, users	445
of manual and motorized wheelchairs, and other authorized	446
motorized and non-motorized users.	447

(QQQ) "Highway maintenance vehicle" means a vehicle used in	448
snow and ice removal or road surface maintenance, including a snow	449
plow, traffic line striper, road sweeper, mowing machine, asphalt	450
distributing vehicle, or other such vehicle designed for use in	451
specific highway maintenance activities.	452

Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to	453
4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code do	454
not apply to persons, teams, motor vehicles, and other equipment	455
while actually engaged in work upon the surface of a highway	456
within an area designated by traffic control devices, but apply to	457
such persons and vehicles when traveling to or from such work.	458

(B) The driver of a highway maintenance vehicle owned by this	459
state or any political subdivision of this state, while the driver	460
is engaged in the performance of official duties upon a street or	461
highway, provided the highway maintenance vehicle is equipped with	462
flashing lights and such other markings as are required by law and	463
such lights are in operation when the driver and vehicle are so	464
engaged, shall be exempt from criminal prosecution for violations	465
of sections 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,	466
4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to	467
5577.09 of the Revised Code.	468

(C)(1) This section does not exempt a driver of a highway	469
maintenance vehicle from civil liability arising from a violation	470
of section 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,	471
4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or sections 5577.01	472
to 5577.09 of the Revised Code.	473

(2) This section does not exempt the driver of a vehicle that	474
is engaged in the transport of highway maintenance equipment from	475
criminal liability for a violation of sections 5577.01 to 5577.09	476
of the Revised Code.	477

(D) As used in this section, "highway maintenance vehicle"	478
means a vehicle used in snow and ice removal or road surface	479
maintenance, including a snow plow, traffic line striper, road	480
sweeper, mowing machine, asphalt distributing vehicle, or other	481
such vehicle designed for use in specific highway maintenance	482
activities.	483

Sec. 4511.213.  (A) The driver of a motor vehicle, upon	484
approaching a stationary public safety vehicle, an emergency	485
vehicle, or a road service vehicle, or a highway maintenance	486
vehicle that is displaying the appropriate visual signals by means	487
of flashing, oscillating, or rotating lights, as prescribed in	488
section 4513.17 of the Revised Code, shall do either of the	489
following:	490

(1) If the driver of the motor vehicle is traveling on a	491
highway that consists of at least two lanes that carry traffic in	492
the same direction of travel as that of the driver's motor	493
vehicle, the driver shall proceed with due caution and, if	494
possible and with due regard to the road, weather, and traffic	495
conditions, shall change lanes into a lane that is not adjacent to	496
that of the stationary public safety vehicle, an emergency	497
vehicle, or a road service vehicle, or a highway maintenance	498
vehicle.	499

(2) If the driver is not traveling on a highway of a type	500
described in division (A)(1) of this section, or if the driver is	501
traveling on a highway of that type but it is not possible to	502
change lanes or if to do so would be unsafe, the driver shall	503
proceed with due caution, reduce the speed of the motor vehicle,	504
and maintain a safe speed for the road, weather, and traffic	505
conditions.	506

(B) This section does not relieve the driver of a public	507
safety vehicle, an emergency vehicle, or a road service vehicle,	508
or a highway maintenance vehicle from the duty to drive with due	509
regard for the safety of all persons and property upon the	510
highway.	511

(C) No person shall fail to drive a motor vehicle in	512
compliance with division (A)(1) or (2) of this section when so	513
required by division (A) of this section.	514

(D)(1) Except as otherwise provided in this division, whoever	515
violates this section is guilty of a minor misdemeanor. If, within	516
one year of the offense, the offender previously has been	517
convicted of or pleaded guilty to one predicate motor vehicle or	518
traffic offense, whoever violates this section is guilty of a	519
misdemeanor of the fourth degree. If, within one year of the	520
offense, the offender previously has been convicted of two or more	521
predicate motor vehicle or traffic offenses, whoever violates this	522
section is guilty of a misdemeanor of the third degree.	523

(2) Notwithstanding section 2929.28 of the Revised Code, upon	524
a finding that a person operated a motor vehicle in violation of	525
division (C) of this section, the court, in addition to all other	526
penalties provided by law, shall impose a fine of two times the	527
usual amount imposed for the violation.	528

Sec. 4513.17.  (A) Whenever a motor vehicle equipped with	529
headlights also is equipped with any auxiliary lights or spotlight	530
or any other light on the front thereof projecting a beam of an	531
intensity greater than three hundred candle power, not more than a	532
total of five of any such lights on the front of a vehicle shall	533
be lighted at any one time when the vehicle is upon a highway.	534

(B) Any lighted light or illuminating device upon a motor	535
vehicle, other than headlights, spotlights, signal lights, or	536
auxiliary driving lights, that projects a beam of light of an	537
intensity greater than three hundred candle power, shall be so	538
directed that no part of the beam will strike the level of the	539
roadway on which the vehicle stands at a distance of more than	540
seventy-five feet from the vehicle.	541

(C)(1) Flashing lights are prohibited on motor vehicles,	542
except as a means for indicating a right or a left turn, or in the	543
presence of a vehicular traffic hazard requiring unusual care in	544
approaching, or overtaking or passing. This prohibition does not	545
apply to emergency vehicles, road service vehicles servicing or	546
towing a disabled vehicle, traffic line stripers, snow plows,	547
rural mail delivery vehicles, vehicles as provided in section	548
4513.182 of the Revised Code, department of transportationhighway	549
maintenance vehicles, funeral hearses, funeral escort vehicles,	550
and similar equipment operated by the department or local	551
authorities, which shall be equipped with and display, when used	552
on a street or highway for the special purpose necessitating such	553
lights, a flashing, oscillating, or rotating amber light, but	554
shall not display a flashing, oscillating, or rotating light of	555
any other color, nor to vehicles or machinery permitted by section	556
4513.11 of the Revised Code to have a flashing red light.	557

(2) When used on a street or highway, farm machinery and	558
vehicles escorting farm machinery may be equipped with and display	559
a flashing, oscillating, or rotating amber light, and the	560
prohibition contained in division (C)(1) of this section does not	561
apply to such machinery or vehicles. Farm machinery also may	562
display the lights described in section 4513.11 of the Revised	563
Code.	564

(D) Except a person operating a public safety vehicle, as	565
defined in division (E) of section 4511.01 of the Revised Code, or	566
a school bus, no person shall operate, move, or park upon, or	567
permit to stand within the right-of-way of any public street or	568
highway any vehicle or equipment that is equipped with and	569
displaying a flashing red or a flashing combination red and white	570
light, or an oscillating or rotating red light, or a combination	571
red and white oscillating or rotating light; and except a public	572
law enforcement officer, or other person sworn to enforce the	573
criminal and traffic laws of the state, operating a public safety	574
vehicle when on duty, no person shall operate, move, or park upon,	575
or permit to stand within the right-of-way of any street or	576
highway any vehicle or equipment that is equipped with, or upon	577
which is mounted, and displaying a flashing blue or a flashing	578
combination blue and white light, or an oscillating or rotating	579
blue light, or a combination blue and white oscillating or	580
rotating light.	581

(E) This section does not prohibit the use of warning lights	582
required by law or the simultaneous flashing of turn signals on	583
disabled vehicles or on vehicles being operated in unfavorable	584
atmospheric conditions in order to enhance their visibility. This	585
section also does not prohibit the simultaneous flashing of turn	586
signals or warning lights either on farm machinery or vehicles	587
escorting farm machinery, when used on a street or highway.	588

(F) Whoever violates this section is guilty of a minor	589
misdemeanor.	590

Section 2.  That existing sections 4511.01, 4511.04,	591
4511.213, and 4513.17 of the Revised Code are hereby repealed.	592

Section 3.  That the version of section 4511.01 of the	593
Revised Code that is scheduled to take effect on January 1, 2017,	594
is hereby repealed.	595