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Sub. H. B. No. 30 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Representative McGregor, R.
Cosponsors:
Representatives Adams, Schindel, Seitz, Fessler, Collier, Webster, Aslanides, Bubp, Domenick, Batchelder, Blessing, Carmichael, Coley, Core, Evans, Flowers, Gibbs, Hagan, J., Harwood, Hottinger, Huffman, Hughes, Mandel, Patton, Uecker, Wagoner, Widener
Senators Schaffer, Amstutz, Austria, Buehrer, Harris, Mumper, Niehaus, Padgett, Schuring, Seitz, Spada, Stivers, Wagoner
A BILL
To amend section 4511.81 and to enact section
4511.094 of the Revised Code, and to amend
Sections 555.07 and 555.19 of Am. Sub. H.B. 67 of
the 127th General Assembly, and to amend
Section
555.08 of Am. Sub. H.B. 67 of the 127th General
Assembly,
as
subsequently amended, to
require
any local authority that enforces any
traffic law
by means of traffic law
photo-monitoring devices
to erect signs on every
highway that is not a
freeway that is part of the
state
highway system
and that enters that local
authority, informing
inbound traffic that the
local authority utilizes
traffic law
photo-monitoring devices to enforce
traffic laws, to eliminate
the requirement for
operators of vehicles not equipped with seat
belts to nonetheless use a child restraint system
when
transporting any kindergarten child who is
required to be
transported in a child restraint
system, to govern
the
movement of steel coils by
special permit, to
require the
Department of
Transportation to conduct a study of the
impact
of
overweight vehicles operating under a permit,
and to modify
the constraints imposed on the
Department of Transportation
regarding
undertaking certain major new construction
projects.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.81 be amended and section
4511.094 of the Revised Code be
enacted to read as follows:
Sec. 4511.094. (A) As used in this section:
(1) "Local authority" means a municipal corporation, county,
or township.
(2) "Traffic law photo-monitoring device" means an electronic
system consisting of a photographic, video, or electronic camera
and a means of sensing the presence of a motor vehicle that
automatically produces photographs, videotape, or digital images
of the vehicle or its license plate.
(B)(1) No local authority shall use traffic law
photo-monitoring
devices to enforce any traffic law until after
it has erected
signs on every highway that is not a freeway that
is part of the
state
highway system and that enters that local
authority. The
signs
shall inform inbound traffic that the local
authority
utilizes
traffic law photo-monitoring devices to
enforce traffic
laws. The
signs shall be erected within the
first three hundred
feet of the
boundary of the local authority
or, if the signs
cannot be located within the first three hundred
feet of the
boundary of the local authority, as close to that
distance as
possible, provided that if a particular highway
enters and exits the territory of a local authority multiple
times, the local authority shall erect the signs as required by
this division at the locations in each direction of travel where
inbound traffic on the highway first enters the territory of the
local authority and is not required to erect additional signs
along such highway each time the highway reenters the territory of
the local authority. The local authority is
responsible for all
costs
associated with the erection,
maintenance, and
replacement, if
necessary, of the signs. All
signs erected under
this division
shall conform in size, color,
location, and
content to standards
contained in the manual adopted
by the
department of
transportation pursuant to section 4511.09 of
the
Revised Code
and shall remain in place for as long as the
local
authority
utilizes traffic law photo-monitoring devices to
enforce any
traffic law. Any ticket, citation, or summons issued
by or on
behalf of the local authority for any traffic law
violation based
upon evidence gathered by a traffic law
photo-monitoring device after the effective date of this section,
but
before the signs have been erected is
invalid; provided that
no ticket, citation, or summons is invalid if the local authority
is in substantial compliance with the requirement of this division
to erect the signs.
(2) A local authority is deemed to be in substantial
compliance with the requirement of division (B)(1) of this section
to erect the advisory signs if the authority does both of the
following:
(a) First erects all signs as required by division (B)(1) of
this section and subsequently maintains and replaces the signs as
needed so that at all times at least ninety per cent of the
required signs are in place and functional;
(b) Annually documents and upon request certifies its
compliance with division (B)(2)(a) of this section.
(C) A local authority that uses traffic law photo-monitoring
devices to enforce any traffic law at an intersection where
traffic is controlled by traffic control signals that exhibit
different colored lights or colored lighted arrows shall time
the
operation of the yellow lights and yellow arrows of those traffic
control signals so that the steady yellow indication exceeds by
one second the minimum duration for yellow indicators at similar
intersections as established by the provisions of the manual
adopted by the
department of transportation under section 4511.09
of the Revised
Code.
Sec. 4511.81. (A) When any child who is in either or both
of
the following
categories is being transported in a motor
vehicle,
other than a taxicab or
public safety vehicle as defined
in
section 4511.01 of the Revised Code, that
is required by the
United States
department of
transportation to be equipped with
seat belts at
the time of
manufacture or assembly, the operator of
the motor
vehicle shall
have the child properly secured in
accordance with
the
manufacturer's instructions in a child
restraint system that
meets
federal motor vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following
categories is
being transported in a motor
vehicle, other than a
taxicab, that is owned, leased, or
otherwise under the control of
a nursery
school, kindergarten, or
day-care center, the operator
of the
motor vehicle shall have the
child properly secured in
accordance
with the manufacturer's
instructions in a child
restraint system
that meets federal motor
vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) When any child who is at least four years of age but not
older than fifteen years of age is being transported in a motor
vehicle, other than a taxicab or public safety vehicle as defined
in section 4511.01 of the Revised Code, that is required by the
United States department of transportation to be equipped with
seat belts at the time of manufacture or assembly, the operator of
the motor vehicle shall have the child properly restrained either
in accordance with the manufacturer's instructions in a child
restraint system that meets federal motor vehicle safety standards
or in an occupant restraining device as defined in section
4513.263 of the Revised Code.
(D) Notwithstanding any provision of law to the contrary, no
law enforcement officer shall cause an operator of a motor vehicle
being operated on any street or highway to stop the motor vehicle
for the sole purpose of determining whether a violation of
division (C) of this section has been or is being committed or for
the sole purpose of issuing a ticket, citation, or summons for a
violation of that nature or causing the arrest of or commencing a
prosecution of a person for a violation of that nature, and no law
enforcement officer shall view the interior or visually inspect
any automobile being operated on any street or highway for the
sole purpose of determining whether a violation of that nature has
been or is being committed.
(E) The director of public safety shall adopt such rules
as
are necessary to carry out this section.
(F) The failure of an operator of a motor vehicle to
secure
a
child in a child restraint system or in an occupant restraining
device as required by this section is
not
negligence imputable to
the child, is not admissible as
evidence in any civil action
involving the rights of the child
against any other person
allegedly liable for injuries to the
child, is not to be used as
a
basis for a criminal prosecution of
the operator of the motor
vehicle other than a prosecution for a
violation of this section,
and is not admissible as evidence in
any criminal action
involving
the operator of the motor vehicle
other than a
prosecution for a
violation of this section.
(G) This section does not apply when an emergency exists
that
threatens the life of any person operating a motor vehicle
and
to
whom this section otherwise would apply or the life of any
child
who otherwise would be required to be restrained under this
section.
(H) There is hereby created in the state treasury the "child
highway safety
fund," consisting of fines imposed
pursuant to
division (J)(1) of
this section
for violations
of
divisions (A),
(B), and (C) of this section. The
money in the fund
shall
be used
by the department of health only
to defray the cost
of
designating
hospitals as pediatric
trauma
centers
under
section
3727.081 of
the Revised Code
and to
establish and
administer a child highway
safety program.
The
purpose of the
program
shall be to educate the
public about
child
restraint
systems generally and the
importance
of their
proper
use. The
program also shall include a process for
providing child
restraint
systems to persons who meet the
eligibility criteria
established
by the department, and a
toll-free telephone number
the public may
utilize to obtain
information about child restraint
systems and
their proper
use.
(I) The director of health, in accordance with Chapter 119.
of
the Revised Code,
shall adopt any rules necessary to carry out
this section, including rules
establishing the criteria a person
must meet in order to receive a child
restraint system under the
department's child restraint system program;
provided that rules
relating to the verification of pediatric trauma
centers shall not
be adopted under this section.
(J)(1) Whoever violates
division
(A), (B), or (C) of this
section shall be punished as follows:
(a) Except as otherwise provided in division
(J)(1)(b) of
this
section, the offender is guilty of a minor misdemeanor and
shall be fined not less than twenty-five dollars.
(b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A), (B), or (C) of this
section
or of
a municipal ordinance that is substantially similar
to any of those
divisions, the offender is guilty of a
misdemeanor
of the
fourth degree.
(2) All fines imposed pursuant to
division (J)(1) of
this
section shall be forwarded to the
treasurer of state for
deposit
in the "child highway safety fund"
created
by division (H)
of this
section.
Section 2. That existing section 4511.81
of the Revised Code
is hereby repealed.
Section 3. That Sections 555.07 and 555.19 of Am. Sub. H.B.
67 of the
127th General Assembly be amended to read as follows:
Sec. 555.07. From July 1, 2007 2008, through June 30, 2009,
three
or fewer steel coils are
deemed to be a nondivisible load
for
purposes of special permits
issued under section 4513.34 of
the
Revised Code, provided that
the maximum overall gross
vehicle
weight of the vehicle and load
shall not exceed 92,000
120,000 pounds.
Sec. 555.19. In fiscal year 2008, the Department of
Transportation shall expend at least $400,000 in the township
having the largest geographic area population according to the
2000 federal decennial census for a pilot program involving
the
installation and operation of a system of portable signal
preemption devices. Use of the devices in the pilot program shall
be in accordance with section 4511.031 of the Revised Code. The
Department shall consult with appropriate township officials in
implementing the pilot program.
Section 4. That existing Sections 555.07 and 555.19 of Am.
Sub. H.B. 67
of the 127th General Assembly are hereby repealed.
Section 5. That Section 555.08 of Am. Sub. H.B. 67
of the
127th
General Assembly, as amended by Am. Sub. H.B. 119 of
the
127th
General Assembly, be amended to read as follows:
Sec. 555.08. The Department of Transportation shall construct
the major new construction projects selected by the Transportation
Review Advisory Council on December 20, 2006, as Tier I projects
for construction in fiscal years 2007 through 2013 and shall not
undertake commence construction of other major new construction
projects
until unless construction
of such selected Tier I
projects has
commenced is progressing in accordance with
the
December 20,
2006, recommendations. However, nothing in this
section shall
require the Department of Transportation to
undertake advance the major
new Tier I construction projects
selected by
the Transportation
Review Advisory Council on
December 20, 2006,
ahead of projects
selected as Tier I projects
prior to that date;
the Department
may continue with such
previously selected Tier I
projects in
accordance with the prior
recommendations. The Department of
Transportation may continue
the planning and development steps of
its project development
process for other major new construction
projects and the
Transportation Review
Advisory Council may
recommend additional
major new projects in
accordance with the
policies promulgated
by
the Council, but new
Tier I projects
shall not be given
priority
over Tier I projects
recommended on
December 20, 2006.
Section 6. That existing Section 555.08 of Am. Sub. H.B. 67
of the
127th General Assembly, as amended by Am. Sub. H.B. 119 of
the
127th General Assembly, is hereby repealed.
Section 7. The Department of Transportation shall study the
impact upon any highway under its jurisdiction of granting permits
for the operation or movement of an overweight vehicle or
combination of
vehicles of a weight exceeding the maximum
specified in sections
5577.02 to 5577.04 of the Revised Code. In
particular, the
Department shall document the use and effect of
continuing
permits. The Department shall determine whether
permitting regulations impose the least burden and costs to a
business and avoid placing entities doing business in this state
at a competitive disadvantage relative to businesses located in
other states or countries. The Department shall issue a report of
its findings to
the General Assembly and the Governor by February
1, 2009.
Section 8. Section 4511.094 of the Revised Code takes effect
six months
after the effective date of this section.
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