130th Ohio General Assembly
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H. B. No. 21  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 21


Representative Fessler 

Cosponsors: Representatives Flowers, Evans, McGregor, J., Stebelton, Chandler, Adams, Brown, Fende, Setzer, Collier 



A BILL
To amend section 4511.213 of the Revised Code to require a driver to pull over or slow down upon approaching a stationary road service vehicle that is displaying flashing, oscillating, or rotating amber lights while servicing a disabled vehicle.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.213 of the Revised Code be amended to read as follows:
Sec. 4511.213.  (A) The driver of a motor vehicle, upon approaching a stationary public safety vehicle or road service vehicle that is displaying a flashing red light, flashing combination red and white light, oscillating or rotating red light, oscillating or rotating combination red and white light, flashing blue light, the appropriate flashing combination blue and white light, oscillating or rotating blue light, or, oscillating, or rotating combination blue and white light lights, as prescribed in section 4513.17 of the Revised Code, shall do either of the following:
(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver's motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary public safety vehicle or road service vehicle.
(2) If the driver is not traveling on a highway of a type described in division (A)(1) of this section, or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather, and traffic conditions.
(B) This section does not relieve the driver of a public safety vehicle or road service vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.
(C) No person shall fail to drive a motor vehicle in compliance with division (A)(1) or (2) of this section when so required by division (A) of this section.
(D)(1) 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.
(2) Notwithstanding section 2929.28 of the Revised Code, upon a finding that a person operated a motor vehicle in violation of division (C) of this section, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation.
(E) As used in this section, "public safety vehicle" has the same meaning as in section 4511.01 of the Revised Code.
Section 2. That existing section 4511.213 of the Revised Code is hereby repealed.
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