130th Ohio General Assembly
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H. B. No. 390  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 390


Representative Setzer 

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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