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HB 86
As Introduced

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As Introduced

123rd General Assembly
Regular Session
1999-2000

H.B. No. 86

REPRESENTATIVES BATEMAN-MOTTLEY-ALLEN-BOYD-BRADING- CAREY-CORBIN-MAIER-PATTON-TAYLOR-THOMAS- VESPER-WINKLER

A BILL

To enact section 4511.213 of the Revised Code to provide that, at the scene of a motor vehicle accident in which any person is killed or injured, under certain circumstances the speed limit at that scene is reduced by ten miles per hour, and to require every person operating a motor vehicle in the same direction of travel applicable to the roadway in which such an accident is located to make a reasonable effort to operate the vehicle in the traffic lane that is located farthest from the motor vehicle accident scene, if such a lane exists.

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

Section 1. That section 4511.213 of the Revised Code be enacted to read as follows:

Sec. 4511.213. (A) UPON ARRIVING AT THE SCENE OF A MOTOR VEHICLE ACCIDENT IN WHICH ANY PERSON IS KILLED OR INJURED, A LAW ENFORCEMENT OFFICER OR FIREFIGHTER, AS SOON AS IS PRACTICABLE, SHALL PLACE AT LEAST ONE LIGHTED FLARE AT A DISTANCE OF SIXTY PACES OR APPROXIMATELY ONE HUNDRED FIFTY FEET IN ADVANCE OF AND PAST THE ACCIDENT SCENE. IF NECESSARY, THE LAW ENFORCEMENT OFFICER OR FIREFIGHTER SHALL REPOSITION ANY FLARES PLACED PRIOR TO THE ARRIVAL OF THE OFFICER OR FIREFIGHTER SO THAT THE FLARES ARE AT THE CORRECT DISTANCE FROM THE ACCIDENT SCENE.

(B) WHEN THE FLARES ARE PLACED AS DESCRIBED IN DIVISION (A) OF THIS SECTION, AND THE FLASHING, ROTATING, OR OSCILLATING LIGHT OF THE VEHICLE OF THE LAW ENFORCEMENT OFFICER OR FIREFIGHTER IS IN OPERATION, THE ABSOLUTE SPEED LIMIT FOR THE PORTION OF THE STREET OR HIGHWAY BOUNDED BY THE FLARES SHALL BE TEN MILES PER HOUR LESS THAN THE POSTED SPEED LIMIT THAT OTHERWISE APPLIES TO THAT PORTION OF STREET OR HIGHWAY.

(C) UPON APPROACHING A PORTION OF A STREET OR HIGHWAY WHERE THE SPEED LIMIT IS REDUCED UNDER DIVISION (B) OF THIS SECTION, EVERY OPERATOR OF A MOTOR VEHICLE THAT IS TRAVELING IN THE SAME DIRECTION OF TRAVEL THAT APPLIES TO THE LANE IN WHICH THE FLARES ARE LOCATED SHALL DO BOTH OF THE FOLLOWING:

(1) REDUCE THE SPEED OF THE OPERATOR'S MOTOR VEHICLE SO THAT THE VEHICLE IS OPERATED ON THE PORTION OF STREET OR HIGHWAY BOUNDED BY THE FLARES AT A SPEED THAT IS LESS THAN OR EQUAL TO THE REDUCED SPEED LIMIT THAT APPLIES TO SUCH PORTION UNDER DIVISION (B) OF THIS SECTION;

(2) MAKE A REASONABLE EFFORT TO OPERATE THE MOTOR VEHICLE, WHILE TRAVELING THROUGH THE PORTION OF STREET OR HIGHWAY BOUNDED BY THE FLARES, IN THE TRAFFIC LANE THAT IS LOCATED FARTHEST FROM THE MOTOR VEHICLE ACCIDENT SCENE, IF SUCH A LANE EXISTS.

(D) NO PERSON SHALL OPERATE A MOTOR VEHICLE IN VIOLATION OF DIVISION (C)(1) OR (2) OF THIS SECTION.