As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 346


Senator Beagle 

Cosponsors: Senators Manning, Hite, Widener 

A BILL
To amend section 4511.46 of the Revised Code to 1
increase the penalties for failing to yield the 2
right-of-way to a pedestrian who is crossing a 3
roadway within a crosswalk when the crosswalk is 4
located within a school zone.5


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

       Section 1. That section 4511.46 of the Revised Code be 6
amended to read as follows:7

       Sec. 4511.46.  (A) When traffic control signals are not in 8
place, not in operation, or are not clearly assigning the 9
right-of-way, the driver of a vehicle, trackless trolley, or 10
streetcar shall yield the right of way, slowing down or stopping 11
if need be to so yield or if required by section 4511.132 of the 12
Revised Code, to a pedestrian crossing the roadway within a 13
crosswalk when the pedestrian is upon the half of the roadway upon 14
which the vehicle is traveling, or when the pedestrian is 15
approaching so closely from the opposite half of the roadway as to 16
be in danger17

       (1) No driver of a vehicle, trackless trolley, or streetcar 18
shall fail to yield the right-of-way to a pedestrian, by slowing 19
down or stopping if need be to so yield or if required by section 20
4511.132 of the Revised Code, if both of the following apply:21

        (a) Traffic control signals are not in place, not in 22
operation, or not clearly assigning the right-of-way.23

        (b) The pedestrian is crossing the roadway within a crosswalk 24
when the pedestrian is on the half of the roadway on which the 25
vehicle is traveling, or when the pedestrian is approaching so 26
closely from the opposite half of the roadway so as to be in 27
danger.28

       (2) No driver of a vehicle, trackless trolley, or streetcar 29
shall fail to comply with division (A)(1) of this section if the 30
crosswalk is located within a school zone.31

       (B) No pedestrian shall suddenly leave a curb or other place 32
of safety and walk or run into the path of a vehicle, trackless 33
trolley, or streetcar which is so close as to constitute an 34
immediate hazard.35

       (C) Division (A) of this section does not apply under the 36
conditions stated in division (B) of section 4511.48 of the 37
Revised Code.38

       (D) Whenever any vehicle, trackless trolley, or streetcar is 39
stopped at a marked crosswalk or at any unmarked crosswalk at an 40
intersection to permit a pedestrian to cross the roadway, theno41
driver of any other vehicle, trackless trolley, or streetcar 42
approaching from the rear shall not overtake and pass the stopped 43
vehicle.44

       (E)(1) Except as otherwise provided in this division (E)(1) 45
of this section, whoever violates division (A)(1), (B), or (D) of46
this section is guilty of a minor misdemeanor. If, within one year 47
of the offense, the offender previously has been convicted of or 48
pleaded guilty to one predicate motor vehicle or traffic offense, 49
whoever violates this section is guilty of a misdemeanor of the 50
fourth degree. If, within one year of the offense, the offender 51
previously has been convicted of two or more predicate motor 52
vehicle or traffic offenses, whoever violates this section is 53
guilty of a misdemeanor of the third degree.54

       (2) Whoever violates division (A)(2) of this section is 55
guilty of a misdemeanor of the third degree. In addition, if, at 56
the time of the offense, the offender was driving under a 57
suspension imposed under any provision of the Revised Code, the 58
court, in addition to any other sanctions it imposes, shall impose 59
on the offender a class seven suspension of six months of the 60
offender's driver's license, commercial driver's license, 61
temporary instruction permit, probationary license, or nonresident 62
operating privilege.63

       Section 2. That existing section 4511.46 of the Revised Code 64
is hereby repealed.65