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H. B. No. 390 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsor:
Representative Miller
A BILL
To amend sections 4511.07, 4511.132, 4511.27,
4511.55, and 4511.56 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, 4511.132, 4511.27, 4511.55,
and 4511.56 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:
(1) Regulating the stopping, standing, or parking of
vehicles, trackless trolleys, and streetcars;
(2) Regulating traffic by means of police officers or
traffic
control devices;
(3) Regulating or prohibiting processions or assemblages
on
the highways;
(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;
(5) Regulating the speed of vehicles, streetcars, and
trackless trolleys in public parks;
(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;
(7) Regulating or prohibiting vehicles and trackless
trolleys
from passing to the left of safety zones;
(8) Regulating the operation of bicycles; 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;
(10) Regulating the use of certain streets by vehicles,
streetcars, or trackless trolleys.
(B) No ordinance or regulation enacted under division (A)(4),
(5),
(6), (7), (8), or (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. 4511.132.
(A) The driver of a vehicle, streetcar, or
trackless trolley who approaches an intersection where traffic is
controlled by traffic control signals shall do all of the
following, if the signal facing
the driver either exhibits
no
colored
lights or colored lighted arrows or exhibits a combination
of
such lights or arrows that fails to clearly indicate the
assignment of right-of-way or if the signals are otherwise
inoperative, including due to failure of a vehicle detector to
detect the vehicle:
(1) Stop at a clearly marked stop line, but if none, stop
before entering the crosswalk on the near side of the
intersection, or, if none, stop before entering the intersection;
(2) Yield the right-of-way to all vehicles, streetcars,
or
trackless trolleys in the intersection or approaching on an
intersecting road, if the vehicles, streetcars, or trackless
trolleys will constitute an immediate hazard during the time the
driver is moving across or within the intersection or junction of
roadways;
(3) Exercise ordinary care while proceeding through the
intersection.
(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. 4511.27.
(A) The following rules govern the overtaking
and
passing of
vehicles or trackless trolleys proceeding in the
same direction:
(1) The operator of a vehicle or trackless trolley
overtaking
another
vehicle or trackless trolley proceeding in the
same
direction
shall, except as
provided in division
(A)(3) of
this
section, signal to the
vehicle
or trackless
trolley to be
overtaken, shall pass to the left thereof at a safe
distance,
and
shall not again drive to the right side of the roadway until
safely clear of
the overtaken vehicle or trackless trolley. When
the operator of a vehicle or trackless trolley overtakes a bicycle
or other slow vehicle, the operator shall pass at a distance of
not less than three feet between the vehicle or trackless trolley
and the bicycle or other slow vehicle.
(2) Except when overtaking and passing on the right is
permitted, the The
operator of an overtaken vehicle shall give way
to
the right in favor of the
overtaking vehicle at the latter's
audible signal, and
the operator shall not increase
the speed
of
the operator's vehicle
until completely passed by the
overtaking
vehicle.
(3) The operator of a vehicle or trackless trolley
overtaking
and passing
another vehicle or trackless trolley
proceeding in the
same direction on a
divided highway as defined
in section 4511.35
of the Revised Code, a limited
access highway
as defined in
section 5511.02 of the Revised Code, or a highway
with four or
more traffic lanes, is not required to signal audibly
to the
vehicle or trackless trolley being overtaken and passed.
(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. 4511.55. (A) Every person operating a bicycle upon a
roadway shall
ride as near to the right side of the roadway as
practicable
obeying obey all
traffic rules applicable to vehicles
and
exercising due care when
passing a
standing vehicle or one
proceeding in the same direction except those provisions which, by
their nature, can have no application.
(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 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 that is operated at less than the
prevailing speed of traffic shall be operated in accordance with
division (B) of section 4511.25 of the Revised Code except when
reasonably necessary to avoid conditions that do not permit the
bicycle to be so operated, including the presence of fixed or
moving objects, parked or moving vehicles, surface hazards,
pedestrians, or animals, 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, or when it otherwise is unsafe or not
practicable to operate the bicycle in accordance with division (B)
of section 4511.25 of the Revised Code.
(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 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 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. 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 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
the bicycle.
(C) A bicycle may be
equipped
with a device capable of giving
an
audible signal, except that
a bicycle
shall not be equipped
with nor shall any person use
upon a bicycle
any siren or whistle.
(D) Every bicycle shall be equipped with an adequate brake
when used on a street or highway shall be equipped with an
adequate brake or brakes that will enable its operator to stop the
bicycle within fifteen feet from a speed of ten miles per hour on
dry, level, clean pavement.
(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.
Section 2. That existing sections 4511.07, 4511.132, 4511.27,
4511.55, and 4511.56 of the Revised Code are hereby repealed.
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