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(126th General Assembly)
(House Bill Number 389)
AN ACT
To amend sections 4511.07, 4511.071, 4511.22, 4511.25, 4511.31, 4511.39, 4511.52, 4511.53, 4511.55, 4511.56, and 4511.711 of the Revised Code to revise certain laws as they relate to bicycle operation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4511.07, 4511.071, 4511.22, 4511.25, 4511.31, 4511.39, 4511.52, 4511.53, 4511.55, 4511.56, and 4511.711 of the Revised Code be amended to read as follows:
Sec. 4511.07. (A) Sections 4511.01 to 4511.78, 4511.99, and
4513.01 to 4513.37 of the Revised Code do not prevent local
authorities from carrying out the following activities with
respect to streets and highways under their jurisdiction and
within the reasonable exercise of the police power: (A)(1) Regulating the stopping, standing, or parking of
vehicles, trackless trolleys, and streetcars;
(B)(2) Regulating traffic by means of police officers or
traffic control devices;
(C)(3) Regulating or prohibiting processions or assemblages
on the highways;
(D)(4) Designating particular highways as one-way highways
and requiring that all vehicles, trackless trolleys, and
streetcars on the one-way highways be moved in one specific
direction;
(E)(5) Regulating the speed of vehicles, streetcars, and
trackless trolleys in public parks;
(F)(6) Designating any highway as a through highway and
requiring that all vehicles, trackless trolleys, and streetcars
stop before entering or crossing a through highway, or
designating any intersection as a stop intersection and requiring
all vehicles, trackless trolleys, and streetcars to stop at one
or more entrances to the intersection;
(G)(7) Regulating or prohibiting vehicles and trackless
trolleys from passing to the left of safety zones;
(H)(8) Regulating the operation of bicycles and requiring; provided that no such regulation shall be fundamentally inconsistent with the uniform rules of the road prescribed by this chapter and that no such regulation shall prohibit the use of bicycles on any public street or highway except as provided in section 4511.051 of the Revised Code;
(9) Requiring the
registration and licensing of bicycles, including the requirement
of a registration fee for residents of the local authority; (I)(10) Regulating the use of certain streets by vehicles,
streetcars, or trackless trolleys.
(B) No ordinance or regulation enacted under division (D)(A)(4), (E)(5),
(F)(6), (G)(7), (8), or (I)(10) of this section shall be effective until signs
giving notice of the local traffic regulations are posted upon or
at the entrance to the highway or part of the highway affected,
as may be most appropriate. (C) Every ordinance, resolution, or regulation enacted under
division (A)(1) of this section shall be enforced in compliance with
section 4511.071 of the Revised Code, unless the local authority
that enacted it also enacted an ordinance, resolution, or
regulation pursuant to division (A) of section 4521.02 of the
Revised Code that specifies that a violation of it shall not be
considered a criminal offense, in which case the ordinance,
resolution, or regulation shall be enforced in compliance with
Chapter 4521. of the Revised Code.
Sec. 4511.071. (A) Except as provided in division (C) of
this section, the owner of a vehicle shall be entitled to
establish nonliability for prosecution for violation of an
ordinance, resolution, or regulation enacted under division (A)(1)
of section 4511.07 of the Revised Code by proving the vehicle was
in the care, custody, or control of a person other than the owner
at the time of the violation pursuant to a written rental or
lease agreement or affidavit providing that except for such
agreement, no other business relationship with respect to the
vehicle in question exists between the operator and owner. (B) Proof that the vehicle was in the care, custody, or
control of a person other than the owner shall be established by
sending a copy of such written rental or lease agreement or
affidavit to the prosecuting authority within thirty days from
the date of receipt by the owner of the notice of violation. The
furnishing of a copy of a written rental or lease agreement or
affidavit shall be prima-facie evidence that a vehicle was in the
care, custody, or control of a person other than the owner. (C) This section does not apply to a violation of an
ordinance, resolution, or regulation enacted under division (A)(1)
of section 4511.07 of the Revised Code if the ordinance,
resolution, or regulation is one that is required to be enforced
in compliance with Chapter 4521. of the Revised Code.
Sec. 4511.22. (A) No person shall stop or operate a
vehicle, trackless trolley, or street car at such a an unreasonably slow speed as
to impede or block the normal and reasonable movement of traffic,
except when stopping or reduced speed is necessary for safe
operation or to comply with law. (B) Whenever the director of transportation or local
authorities determine on the basis of an engineering and traffic
investigation that slow speeds on any part of a controlled-access
highway, expressway, or freeway consistently impede the normal
and
reasonable movement of traffic, the director or such local
authority may declare a minimum speed limit below which no person
shall operate a motor vehicle, trackless trolley, or street car
except when necessary for safe operation or in compliance with
law. No minimum speed limit established hereunder shall be less
than thirty miles per hour, greater than fifty miles per hour,
nor
effective until the provisions of section 4511.21 of the
Revised
Code, relating to appropriate signs, have been fulfilled
and local
authorities have obtained the approval of the director. (C) In a case involving a violation of this section, the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator.
(D) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.25. (A) Upon all roadways of sufficient width,
a
vehicle or trackless trolley shall be driven upon the right
half
of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding
in the same direction, or when making a left turn under the rules
governing such movements; (2) When an obstruction exists making it necessary to
drive
to the left of the center of the highway; provided, any
person so
doing shall yield the right of way to all vehicles
traveling in
the proper direction upon the unobstructed portion
of the highway
within such distance as to constitute an immediate
hazard; (3) When driving upon a roadway divided into three or more
marked lanes for traffic under the rules applicable thereon; (4) When driving upon a roadway designated and posted with
signs for one-way traffic; (5) When otherwise directed by a police officer or traffic
control device. (B)(1) Upon all roadways any vehicle or trackless trolley
proceeding at less than the normal prevailing and lawful speed of traffic at the time
and place and under the conditions then existing shall be driven
in the right-hand lane then available for traffic, or as close as
practicable and far enough to the right-hand curb or edge of the roadway, except
when right to allow passing by faster vehicles if such passing is safe and reasonable, except under any of the following circumstances:
(a) When overtaking and passing another vehicle or trackless trolley
proceeding in the same direction or when; (b) When preparing for a left
turn;
(c) When the driver must necessarily drive in a lane other than the right-hand lane to continue on the driver's intended route.
(2) Nothing in division (B)(1) of this section requires a driver of a slower vehicle to compromise the driver's safety to allow overtaking by a faster vehicle. (C) Upon any roadway having four or more lanes for moving
traffic and providing for two-way movement of traffic, no vehicle
or trackless trolley shall be driven to the left of the center
line of the roadway, except when authorized by official traffic
control devices designating certain lanes to the left of the
center of the roadway for use by traffic not otherwise permitted
to use the lanes, or except as permitted under division (A)(2) of
this section. This division shall not be
construed as
prohibiting the
crossing of the center line in making
a left turn
into or from an
alley, private road, or driveway. (D)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.31.
(A) The department of transportation may
determine
those portions
of
any state highway where overtaking and
passing other traffic or driving to the
left of the center or
center line of the roadway would be especially
hazardous
and may,
by appropriate signs or markings on the highway, indicate the
beginning and end of such zones. When such signs or markings are
in place and
clearly visible, every operator of a vehicle or
trackless trolley shall obey
the directions
of the signs
or
markings, notwithstanding
the distances set out in section
4511.30
of the Revised Code. (B) Division (A) of this section does not apply when all of the following apply:
(1) The slower vehicle is proceeding at less than half the speed of the speed limit applicable to that location.
(2) The faster vehicle is capable of overtaking and passing the slower vehicle without exceeding the speed limit.
(3) There is sufficient clear sight distance to the left of the center or center line of the roadway to meet the overtaking and passing provisions of section 4511.29 of the Revised Code, considering the speed of the slower vehicle.
(C)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.39.
(A) No person shall turn a vehicle or
trackless
trolley or move right or left upon a highway unless and
until
such person has exercised due care to ascertain that the
movement
can be made with reasonable safety nor without giving an
appropriate signal in the manner hereinafter provided. When required, a signal of intention to turn or move right
or
left shall be given continuously during not less than the last
one
hundred feet traveled by the vehicle or trackless trolley
before
turning, except that in the case of a person operating a bicycle, the signal shall be made not less than one time but is not required to be continuous. A bicycle operator is not required to make a signal if the bicycle is in a designated turn lane, and a signal shall not be given when the operator's hands are needed for the safe operation of the bicycle. No person shall stop or suddenly decrease the speed of a
vehicle or trackless trolley without first giving an appropriate
signal in the manner provided herein to the driver of any vehicle
or trackless trolley immediately to the rear when there is
opportunity to give a signal. Any stop or turn signal required by this section shall be
given either by means of the hand and arm, or by signal lights
that clearly indicate to both approaching and following traffic
intention to turn or move right or left, except that any motor
vehicle in use on a highway shall be equipped with, and the
required signal shall be given by, signal lights when the
distance
from the center of the top of the steering post to the
left
outside limit of the body, cab, or load of such motor
vehicle
exceeds twenty-four inches, or when the distance from the
center
of the top of the steering post to the rear limit of the
body or
load thereof exceeds fourteen feet, whether a single
vehicle or a
combination of vehicles. The signal lights required by this section shall not be
flashed on one side only on a disabled vehicle or trackless
trolley, flashed as a courtesy or "do pass" signal to operators
of
other vehicles or trackless trolleys approaching from the
rear,
nor be flashed on one side only of a parked vehicle or
trackless
trolley except as may be necessary for compliance with
this
section. (B)
Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.52. (A) Sections 4511.01 to 4511.78, inclusive, 4511.99, and 4513.01 to
4513.37, inclusive, of the Revised Code which that are applicable to bicycles apply
whenever a bicycle is operated upon any highway or upon any path set aside for
the exclusive use of bicycles.
(B) Except as provided in division (D) of this section, a bicycle operator who violates any section of the Revised Code described in division (A) of this section that is applicable to bicycles may be issued a ticket, citation, or summons by a law enforcement officer for the violation in the same manner as the operator of a motor vehicle would be cited for the same violation. A person who commits any such violation while operating a bicycle shall not have any points assessed against the person's driver's license, commercial driver's license, temporary instruction permit, or probationary license under section 4510.036 of the Revised Code.
(C) Except as provided in division (D) of this section, in the case of a violation of any section of the Revised Code described in division (A) of this section by a bicycle operator or by a motor vehicle operator when the trier of fact finds that the violation by the motor vehicle operator endangered the lives of bicycle riders at the time of the violation, the court, notwithstanding any provision of the Revised Code to the contrary, may require the bicycle operator or motor vehicle operator to take and successfully complete a bicycling skills course approved by the court in addition to or in lieu of any penalty otherwise prescribed by the Revised Code for that violation.
(D) Divisions (B) and (C) of this section do not apply to violations of section 4511.19 of the Revised Code.
Sec. 4511.53.
(A) For purposes of this section,
"snowmobile"
has the same meaning as given that term in section
4519.01 of the
Revised Code. (B) A person operating a bicycle or motorcycle shall not
ride
other than upon or astride the permanent and regular seat attached
thereto, and a person operating a motorcycle shall not ride other than upon the permanent and regular seat attached thereto,
nor carry any other person upon such bicycle or
motorcycle other
than upon a firmly attached and regular seat
thereon, nor shall
any person ride upon a bicycle or motorcycle
other than upon such
a firmly attached and regular seat. A person shall ride upon a motorcycle only while sitting
astride the seat, facing forward, with one leg on each side of
the
motorcycle. No person operating a bicycle shall carry any package,
bundle, or article that prevents the driver from keeping at least
one hand upon the handle bars. No bicycle or motorcycle shall be used to carry more
persons
at one time than the number for which it is designed and
equipped,
nor shall any motorcycle be operated on a highway when
the handle
bars or grips are more than fifteen inches higher than
the seat or
saddle for the operator. No person shall operate or be a passenger on a snowmobile
or
motorcycle without using safety glasses or other protective
eye
device. No person who is under the age of eighteen years, or
who
holds a motorcycle operator's endorsement or license bearing
a
"novice" designation that is currently in effect as provided in
section 4507.13 of the Revised Code, shall operate a motorcycle
on
a highway, or be a passenger on a motorcycle, unless wearing a
protective helmet on
the person's head, and no other person
shall
be a
passenger on a motorcycle operated by such a person
unless
similarly wearing a protective helmet. The helmet, safety
glasses, or other protective eye device shall conform with
regulations prescribed and promulgated by the director of public
safety. The provisions of this paragraph or a violation thereof
shall not be used in the trial of any civil action. (C) Nothing in this section shall be construed as prohibiting the carrying of a child in a seat or trailer that is designed for carrying children and is firmly attached to the bicycle.
(D) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.55. (A) Every person operating a bicycle upon a
roadway shall
ride as near to the right side of the roadway as
practicable
obeying all
traffic rules applicable to vehicles and
exercising due care when
passing a
standing vehicle or one
proceeding in the same direction. (B) Persons riding bicycles or motorcycles upon a roadway
shall
ride
not more than two abreast in a single lane, except on
paths or
parts of
roadways set aside for the exclusive use of
bicycles or
motorcycles. (C) This section does not require a person operating a bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle and an overtaking vehicle to travel safely side by side within the lane. (D) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.56. (A) Every bicycle when in use at the times
specified in section 4513.03 of the Revised Code, shall be
equipped with the following: (1) A lamp mounted on the front of either the bicycle or the operator that shall emit a white light
visible from a distance of at least five hundred feet to the
front; and three hundred feet to the sides. A generator-powered lamp that emits light only when the bicycle is moving may be used to meet this requirement. (2) A red reflector on the rear of a type approved by the
director of public safety that shall be visible from all
distances
from one hundred feet to six hundred feet to the rear
when
directly in front of lawful lower beams of head lamps on a
motor
vehicle; (3) A lamp emitting a either flashing or steady red light visible from a distance of
five hundred feet to the rear shall be used in addition to the
red
reflector; (4) An essentially colorless reflector on the front of a
type approved by the director;
(5) Either with tires with retroreflective sidewalls or
with
an essentially colorless or amber reflector mounted on the
spokes
of the front wheel and an essentially colorless or red
reflector
mounted on the spokes of the rear wheel. Each
reflector shall be
visible on each side of the wheel from a
distance of six hundred
feet when directly in front of lawful
lower beams of head. If the red lamp performs as a reflector in that it is visible as specified in division (A)(2) of this section, the red lamp may serve as the reflector and a separate reflector is not required.
(B) Additional lamps on
a motor vehicle. Retroreflective
tires or and reflectors may be used in addition to those required under division (A) of this section, except that red lamps and red reflectors shall not be used on the front of the bicycle and white lamps and white reflectors shall not be used on the rear of
a type approved by the director bicycle. (B) No person shall operate a (C) A bicycle unless it is may be
equipped
with a bell or other device capable of giving a signal an
audible for
a distance of at least one hundred feet signal, except that
a bicycle
shall not be equipped with nor shall any person use
upon a bicycle
any siren or whistle.
(C)(D) Every bicycle shall be equipped with an adequate brake
when used on a street or highway.
(D)(E) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
Sec. 4511.711.
(A) No person shall drive any vehicle, other
than a
bicycle, upon
a
sidewalk or sidewalk area except upon a
permanent or duly authorized temporary
driveway. Nothing in this section shall be construed as prohibiting
local authorities
from regulating the operation of bicycles within
their respective
jurisdictions, except that no local authority may require that bicycles be operated on sidewalks. (B) Except as otherwise provided in this division, whoever
violates
this section is guilty of a minor misdemeanor. If,
within one year of
the offense, the offender previously has been
convicted of or pleaded
guilty to one predicate motor vehicle or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
SECTION 2. That existing sections 4511.07, 4511.071, 4511.22, 4511.25, 4511.31, 4511.39, 4511.52, 4511.53, 4511.55, 4511.56, and 4511.711 of the Revised Code are hereby repealed.
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