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Sub. H. B. No. 9 As Reported by the Senate Highways and Transportation CommitteeAs Reported by the Senate Highways and Transportation Committee
127th General Assembly | Regular Session | 2007-2008 |
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Representative Carmichael
Cosponsors:
Representatives Adams, Aslanides, Bacon, Brown, Coley, Collier, Combs, Daniels, Dodd, Evans, Fende, Fessler, Flowers, Hughes, Garrison, Gibbs, Latta, McGregor, J., Okey, Reinhard, Sayre, Schlichter, Seitz, Stewart, J., Wagoner, Webster, Bubp, Domenick, Otterman, Wachtmann, Batchelder, Bolon, Book, Chandler, Core, DeBose, Dyer, Goodwin, Goyal, Hagan, J., Harwood, Heard, Hottinger, Huffman, Letson, Luckie, Miller, Patton, Schneider, Setzer, Stebelton, Strahorn, Szollosi, Wagner, Zehringer
Senators Padgett, Schuring
A BILL
To amend sections 4501.01, 4507.03, 4511.01,
4511.202, 4513.11, and 4513.99 of the Revised Code
to require farm machinery that is designed by its
manufacturer to operate at a speed greater than 25
miles per hour to display a speed identification
symbol and a slow-moving vehicle emblem when
operated on a road or highway and to further
address the operation of such farm machinery on
roads and highways.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.01, 4507.03, 4511.01, 4511.202,
4513.11, and 4513.99 of the Revised Code be amended to read as
follows:
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the
Revised
Code, and in the penal laws, except as otherwise
provided:
(A)
"Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean
electric personal
assistive mobility devices, vehicles that are
operated
exclusively
on rails or tracks or from overhead electric
trolley
wires, and
vehicles that belong to any police department,
municipal
fire
department, or volunteer fire department, or that
are used by such
a department in the discharge of its functions.
(B)
"Motor vehicle" means any vehicle, including
mobile
homes
and recreational vehicles, that is
propelled or drawn
by
power
other than muscular power or power collected from
overhead
electric trolley wires.
"Motor
vehicle" does not include utility
vehicles as defined in division (VV) of this section,
motorized
bicycles, road
rollers, traction engines, power
shovels,
power
cranes, and other
equipment used in construction
work and
not
designed for or
employed in general highway
transportation,
well-drilling
machinery, ditch-digging
machinery, farm machinery,
trailers that are used
to transport
agricultural produce or
agricultural production
materials
between a local place of storage
or supply and the farm
when
drawn or towed on a public road or
highway at a speed of
twenty-five miles per hour or less,
threshing machinery,
hay-baling machinery, corn sheller,
hammermill and agricultural
tractors, machinery used in the
production of horticultural,
agricultural, and vegetable products,
and trailers that are
designed and
used exclusively to transport a
boat between a
place of storage
and a marina, or in and around a
marina, when
drawn or towed on a
public road or highway for a
distance of no
more than ten miles
and at a speed of twenty-five
miles per hour
or less.
(C)
"Agricultural tractor" and
"traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying
loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D)
"Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and
either is designed or used for drawing other motor vehicles,
or is
designed or
used for drawing another motor vehicle while
carrying
a portion
of the other motor vehicle or its load, or
both.
(E)
"Passenger car" means any motor vehicle that is designed
and
used for carrying not more than nine persons and includes any
motor
vehicle that is designed and used for carrying not more
than
fifteen
persons in a ridesharing arrangement.
(F)
"Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special
interest,
that has a fair market value of one hundred dollars or
more,
whether operable or not, and that is owned, operated,
collected,
preserved, restored, maintained, or used essentially
as
a
collector's item, leisure pursuit, or investment, but not
as the
owner's principal means of transportation.
"Licensed
collector's
vehicle" means a collector's vehicle, other than an
agricultural
tractor or traction engine, that displays current,
valid license
tags issued under section 4503.45 of the Revised
Code, or a
similar type of motor vehicle that displays current,
valid
license
tags issued under substantially equivalent
provisions in
the laws
of other states.
(G)
"Historical motor vehicle" means any motor vehicle
that
is over twenty-five years old and is owned solely as a
collector's
item and for participation in club activities,
exhibitions, tours,
parades, and similar uses, but that in no
event is used
for
general transportation.
(H)
"Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load
of no
more than one ton and is used exclusively for purposes
other
than
engaging in business for profit.
(I)
"Bus" means any motor vehicle that has motor power
and
is
designed and used for carrying more than nine passengers,
except
any motor vehicle that is designed and used for carrying
not more
than
fifteen passengers in a ridesharing arrangement.
(J)
"Commercial car" or
"truck" means any motor vehicle
that
has motor
power and is designed and used for carrying
merchandise
or freight, or
that is used as a commercial tractor.
(K)
"Bicycle" means every device, other than a tricycle
that
is
designed solely for use as a play vehicle by a child,
that is
propelled
solely by human power upon which any person
may ride,
and that has either two
tandem wheels, or one wheel in
front and
two wheels in
the rear, any of which is more than
fourteen inches
in diameter.
(L)
"Motorized bicycle" means any vehicle that either has
two
tandem wheels or one wheel in the front and two wheels in
the
rear, that is capable of being pedaled, and that is equipped
with
a
helper motor of not more than fifty cubic centimeters
piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of
no greater
than
twenty miles per hour on a level surface.
(M)
"Trailer" means any vehicle without motive power
that
is
designed or used for carrying property or persons wholly on
its
own structure and for being drawn by a motor vehicle, and
includes
any such vehicle that is formed by or operated as a
combination of
a semitrailer and a vehicle of the dolly type such
as that
commonly known as a trailer dolly, a vehicle used to
transport
agricultural produce or agricultural production
materials between
a local place of storage or supply and the farm
when drawn or
towed on a public road or highway at a speed
greater than
twenty-five miles per hour, and a vehicle that is
designed
and
used exclusively to transport a boat between a
place of
storage
and a marina, or in and around a marina, when
drawn or
towed on a
public road or highway for a distance of
more than ten
miles or at
a speed of more than twenty-five miles
per hour.
"Trailer" does
not include a manufactured home or
travel trailer.
(N)
"Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as
described
in division (B) of this section, but, where applicable,
includes
a vehicle that is used to transport a boat as described
in division (M)
of this section, that has a gross weight of no
more than three
thousand pounds, and that is used exclusively for
purposes other than
engaging in business for a profit.
(O)
"Mobile home" means a building
unit or assembly of
closed
construction that is fabricated in an off-site
facility,
is
more
than thirty-five body
feet in length or, when erected
on
site, is
three hundred
twenty or more square feet, is built
on a
permanent
chassis, is
transportable in one or more
sections, and
does not
qualify as
a manufactured home as
defined in division
(C)(4) of
section 3781.06
of the Revised
Code or as an
industrialized unit
as defined in division (C)(3)
of section
3781.06 of the Revised
Code.
(P)
"Semitrailer" means any vehicle of the trailer type
that
does not have motive power and is so designed or used with
another
and
separate motor vehicle that in operation a part of
its own
weight
or that of its load, or both, rests upon and is
carried by
the other vehicle
furnishing the motive power for
propelling
itself
and the vehicle referred to in this division,
and includes,
for
the purpose only of registration and taxation
under those
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
that is designed or used for the conversion of a
semitrailer into
a
trailer.
(Q)
"Recreational vehicle" means a vehicular portable
structure that meets all of the following conditions:
(1) It is designed
for the sole purpose of recreational
travel.
(2) It is not used for the purpose of engaging in business
for profit.
(3) It is not used for the purpose of engaging in intrastate
commerce.
(4) It is not used for the purpose of commerce as defined in
49 C.F.R. 383.5,
as amended.
(5) It is not regulated by the public utilities commission
pursuant to
Chapter 4919., 4921., or 4923. of the Revised Code.
(6) It is classed as one of the following:
(a)
"Travel trailer" means a nonself-propelled
recreational
vehicle that does not exceed an overall length of
thirty-five
feet, exclusive of bumper and tongue or coupling, and
contains
less than three hundred twenty square feet of space when erected
on site.
"Travel trailer"
includes a tent-type fold-out camping
trailer as defined in
section 4517.01 of the Revised Code.
(b)
"Motor home" means a self-propelled recreational
vehicle
that has no fifth wheel and is constructed with
permanently
installed
facilities for
cold storage, cooking and
consuming of
food, and for sleeping.
(c)
"Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to
be placed
upon and attached to a motor vehicle.
"Truck camper"
does not
include truck covers that consist of walls and a roof,
but do not
have floors and facilities enabling them to be used as
a dwelling.
(d)
"Fifth wheel trailer" means a vehicle that is of such
size and weight as
to be movable without a special highway
permit,
that has a gross trailer area
of four hundred square
feet or less,
that is constructed with a raised forward
section
that allows a
bi-level floor plan, and that is designed to be
towed by
a vehicle
equipped with a fifth-wheel hitch ordinarily
installed in the bed
of
a truck.
(e)
"Park trailer" means a vehicle that is commonly known as
a park model
recreational vehicle, meets the American national
standard institute standard
A119.5 (1988) for park trailers, is
built on a single chassis, has a gross
trailer area of four
hundred square feet or less when set up, is designed for
seasonal
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances.
(R)
"Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S)
"Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of
the load.
(T)
"Solid tire vehicle" means any vehicle that is equipped
with
two or more solid tires.
(U)
"Farm machinery" means all machines and tools that are
used in
the production, harvesting, and care of farm products,
and
includes trailers
that are used to transport agricultural
produce
or agricultural
production materials between a local
place of
storage or supply
and the farm when drawn or towed on a
public
road or highway at a
speed of twenty-five miles per hour
or less,
agricultural tractors, threshing machinery, hay-baling machinery,
corn shellers, hammermills, and machinery used in the production
of horticultural, agricultural, and vegetable products.
(V)
"Owner" includes any person
or firm,
other
than a
manufacturer or dealer, that has title to a motor
vehicle,
except
that, in sections 4505.01 to 4505.19 of the
Revised
Code,
"owner"
includes in addition manufacturers and
dealers.
(W)
"Manufacturer" and
"dealer" include all persons
and
firms
that are regularly engaged in the
business
of
manufacturing,
selling, displaying, offering for
sale, or
dealing
in motor
vehicles, at an established place of
business
that is
used
exclusively for the purpose of
manufacturing,
selling,
displaying,
offering for sale, or
dealing in motor
vehicles. A
place of
business that is used for
manufacturing,
selling,
displaying,
offering for sale, or
dealing in motor
vehicles shall
be deemed to
be used exclusively
for those purposes
even though
snowmobiles or
all-purpose
vehicles are sold or
displayed for
sale
thereat, even
though
farm machinery is sold or
displayed
for
sale
thereat, or
even
though repair, accessory,
gasoline
and oil,
storage, parts,
service, or paint departments
are
maintained
thereat, or, in any
county having a population of
less than
seventy-five thousand
at
the last federal
census,
even
though a department in
a place of
business is used to
dismantle,
salvage, or rebuild
motor vehicles
by means of used
parts, if
such
departments are
operated for the
purpose of
furthering and
assisting in the
business of
manufacturing,
selling, displaying,
offering for
sale, or dealing
in motor
vehicles. Places of
business or
departments in a place of
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
means of using
used parts
are not
considered as being
maintained
for the purpose
of
assisting or
furthering the
manufacturing,
selling,
displaying,
and offering
for sale or
dealing in motor
vehicles.
(X)
"Operator" includes any person who drives or operates
a
motor vehicle upon the public highways.
(Y)
"Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a
taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily
involved in
a ridesharing arrangement is not considered an
employee for hire
or operating such vehicle for gain,
compensation, or profit.
(Z)
"State" includes the territories and federal districts
of
the United States, and the provinces of Canada.
(AA)
"Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB)
"Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the
chassis
or other part of the motor vehicle.
(CC)
"Motor number" means the manufacturer's original
number
that is affixed to or imprinted upon the engine or motor
of the
vehicle.
(DD)
"Distributor" means any person who is authorized by a
motor
vehicle manufacturer to distribute new motor vehicles to
licensed
motor vehicle dealers at an established place of
business
that is used
exclusively for the purpose of
distributing new motor
vehicles to licensed motor vehicle
dealers, except when the
distributor also is a new motor vehicle
dealer, in which case the
distributor may distribute at the
location of the
distributor's
licensed dealership.
(EE)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools.
(FF)
"Apportionable vehicle" means any vehicle that is used
or
intended for use in two or more international registration
plan
member jurisdictions that allocate or proportionally
register
vehicles, that is used for the transportation of persons
for hire
or designed, used, or maintained primarily for the
transportation
of property, and that meets any of the following
qualifications:
(1) Is a power unit having a gross vehicle weight in
excess
of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of
the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in
excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this
state, or any political subdivisions thereof.
(GG)
"Chartered party" means a group of persons who
contract
as a group to acquire the exclusive use of a
passenger-carrying
motor vehicle at a fixed charge for the
vehicle in accordance with
the carrier's tariff, lawfully on file
with the United
States
department of transportation, for the
purpose of group
travel to a
specified destination or for a
particular itinerary,
either agreed
upon in advance or modified
by the chartered group
after having
left the place of origin.
(HH)
"International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American
association of motor vehicle administrators, and that
promotes and
encourages the fullest possible use of the highway
system by
authorizing apportioned registration of fleets of
vehicles and
recognizing registration of vehicles apportioned in
member
jurisdictions.
(II)
"Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (J)
of section 4503.04 of the Revised Code.
(JJ)
"Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum
weight of the load to be carried on the vehicle.
(KK)
"Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is
taxed at the rates established under section 4503.042 of the
Revised Code, means the total unladen weight of the combination
of
vehicles fully equipped plus the maximum weight of the load to
be
carried on that combination of vehicles.
(LL)
"Chauffeured limousine" means a motor vehicle
that is
designed to carry nine or fewer passengers
and is operated for
hire on an hourly basis pursuant to a prearranged contract for
the
transportation of passengers on public roads and highways
along a
route under the control of the person hiring the vehicle
and not
over a defined and regular route.
"Prearranged contract"
means an
agreement, made in advance of boarding, to provide
transportation
from a specific location in a chauffeured
limousine at a fixed
rate per hour or trip.
"Chauffeured
limousine" does not include
any vehicle that is used exclusively
in the
business of funeral
directing.
(MM)
"Manufactured home" has the same
meaning as in
division
(C)(4)
of section 3781.06 of the Revised Code.
(NN)
"Acquired situs,"
with respect to a manufactured home
or
a mobile home, means to
become located in this state by the
placement of the home
on real property, but does not include the
placement of a
manufactured home or a mobile home in the
inventory
of a new
motor vehicle dealer or the inventory of a
manufacturer,
remanufacturer, or distributor of manufactured or
mobile
homes.
(OO)
"Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails
capabilities similar to these technologies.
(PP)
"Electronic record" means a record generated,
communicated,
received, or stored by electronic means for use in
an information system or
for transmission from one information
system to another.
(QQ)
"Electronic signature" means a signature in electronic
form
attached to or logically associated with an electronic
record.
(RR)
"Financial transaction device" has the same meaning as
in
division (A) of section 113.40 of the Revised Code.
(SS)
"Electronic motor vehicle dealer" means a motor vehicle
dealer licensed under Chapter 4517. of the Revised Code whom the
registrar of motor
vehicles determines meets the criteria
designated in section 4503.035 of the Revised Code for
electronic
motor vehicle dealers and designates as an electronic motor
vehicle
dealer under that section.
(TT) "Electric personal assistive mobility device" means a
self-balancing two non-tandem wheeled
device that is designed to
transport only one person, has an
electric propulsion system of an
average of seven hundred fifty
watts, and when ridden on a
paved
level surface by an operator who
weighs one hundred seventy
pounds
has a maximum speed of less than
twenty miles per hour.
(UU)
"Limited driving privileges" means the privilege to
operate
a motor vehicle that a court grants under section 4510.021
of the Revised Code to a person
whose driver's or commercial
driver's license or permit or nonresident
operating privilege has
been suspended.
(VV) "Utility vehicle" means a self-propelled vehicle
designed with a bed, principally for the purpose of transporting
material or cargo in connection with construction, agricultural,
forestry, grounds maintenance, lawn and garden, materials
handling, or similar activities. "Utility vehicle" includes a
vehicle with a maximum attainable speed of twenty miles per hour
or less that is used exclusively within the boundaries of state
parks by state park employees or volunteers for the operation or
maintenance of state park facilities.
Sec. 4507.03. (A)(1) No person shall be required to obtain a
driver's or commercial driver's license for the purpose of
temporarily
driving or, operating, drawing, moving, or propelling
a road roller, or road machinery, or any farm
tractor or implement
of husbandry, temporarily drawn, moved, or
propelled upon the a
street or highway.
(2) No person shall be required to obtain a driver's or
commercial driver's license for the purpose of temporarily
driving, operating, drawing, moving, or propelling any
agricultural tractor or implement of husbandry upon a street or
highway at a speed of twenty-five miles per hour or less.
(3) No person shall drive, operate, draw, move, or propel any
agricultural tractor or implement of husbandry upon a street or
highway at a speed greater than twenty-five miles per hour unless
the person has a current, valid driver's or commercial driver's
license.
(B) Every person on active duty in the military or naval
forces
of the United States, when furnished with a driver's permit
and
when operating an official motor vehicle in connection with
such
duty, is exempt from the license requirements of Chapters
4506.
and 4507. of the Revised Code.
Every person on active duty in the military or naval forces
of the United States or in service with the peace corps,
volunteers in service to America, or the foreign service of the
United States, is exempt from the license requirements of such
sections for the period of his the person's active duty or
service
and for six
months thereafter, provided such person was a licensee
under such
sections at the time he the person commenced such
active duty or
service.
This section does not prevent such person
from making an
application, as provided in division (C) of section
4507.10 of
the Revised Code, for the renewal of a driver's license
or
motorcycle operator's endorsement or as provided in section
4506.14 of the Revised Code for the renewal of a commercial
driver's license during the period of his the person's active
duty
or service.
(C) Whoever violates division (A)(3) of this section is
guilty of a misdemeanor of the first degree.
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code:
(A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except
that "vehicle" does
not include any motorized
wheelchair,
any electric personal
assistive mobility
device, any
device that is moved
by
power
collected from overhead
electric
trolley wires or
that is
used
exclusively upon stationary rails
or tracks,
or any device,
other
than
a
bicycle, that is moved by human power.
(B) "Motor vehicle" means every vehicle propelled or drawn
by
power other than muscular power or power collected from
overhead
electric trolley wires, except motorized bicycles, road
rollers,
traction engines, power shovels, power cranes, and other
equipment
used in construction work and not designed for or
employed in
general highway transportation, hole-digging
machinery,
well-drilling machinery, ditch-digging machinery, farm
machinery,
trailers used to transport agricultural produce or
agricultural
production materials between a local place of
storage
or supply
and the farm when drawn or towed on a street or
highway
at a speed
of twenty-five miles per hour or less,
threshing
machinery,
hay-baling machinery, agricultural tractors
and
machinery used in
the production of horticultural,
floricultural,
agricultural, and
vegetable products, and trailers
designed and
used exclusively to
transport a boat between a place
of storage
and a marina, or in
and around a marina, when drawn or
towed on a
street or highway
for a distance of no more than ten
miles and at
a speed of
twenty-five miles per hour or less.
(C) "Motorcycle" means every motor vehicle, other than a
tractor, having a saddle for the use of the operator and designed
to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," or "motorcycle" without
regard to weight or brake horsepower.
(D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer.
(E) "Public safety vehicle" means any of the following:
(1) Ambulances, including private ambulance companies
under
contract to a municipal corporation, township, or county,
and
private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code;
(2) Motor vehicles used by public law enforcement officers
or
other persons sworn to enforce the criminal and traffic laws
of
the state;
(3) Any motor vehicle when properly identified as required
by
the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or
directives
of that service. The state fire marshal shall be
designated by
the
director of public safety as the certifying
agency for all
public
safety vehicles described in division
(E)(3) of this
section.
(4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding
to
emergency
calls in the fire department service when identified as
required
by the director of public safety.
Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital.
(5) Vehicles used by the motor carrier
enforcement unit for
the enforcement of orders and rules of the
public
utilities
commission as specified in section 5503.34 of the
Revised Code.
(F) "School bus" means every bus designed for carrying
more
than nine passengers that is owned by a public,
private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a
common
passenger carrier certified by the public utilities
commission
unless such bus is devoted exclusively to the
transportation of
children to and from a school session or a
school function, and
"school bus" does not include a van or bus
used by a licensed
child day-care center or type A family
day-care home to transport
children from the child day-care
center or type A family day-care
home to a school if the van or
bus does not have more than fifteen
children in the van or bus at
any time.
(G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having
either
two tandem wheels, or one wheel in the front and two
wheels in the
rear, any of which is more than fourteen inches in
diameter.
(H) "Motorized bicycle" means any vehicle having either
two
tandem wheels or one wheel in the front and two wheels in the
rear, that is capable of being pedaled and is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of no greater
than
twenty miles per hour on a level surface.
(I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads
independently
of such other vehicles, and used principally for
agricultural
purposes.
(K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a
taxicab
or motor vehicle used in a ridesharing arrangement,
designed and
used for the transportation of persons for
compensation.
(M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural produce
or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour.
(N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle.
(O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally,
of
sustaining themselves as beams between the supporting
connections.
(P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private
right-of-way.
(Q) "Railroad train" means a steam engine or an electric
or
other motor, with or without cars coupled thereto, operated by
a
railroad.
(R) "Streetcar" means a car, other than a railroad train,
for
transporting persons or property, operated upon rails
principally
within a street or highway.
(S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks.
(T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an
explosion
that contains any oxidizing and combustible units or
other
ingredients in such proportions, quantities, or packing
that an
ignition by fire, by friction, by concussion, by
percussion, or by
a detonator of any part of the compound or
mixture may cause such
a sudden generation of highly heated gases
that the resultant
gaseous pressures are capable of producing
destructive effects on
contiguous objects, or of destroying life
or limb. Manufactured
articles shall not be held to be
explosives when the individual
units contain explosives in such
limited quantities, of such
nature, or in such packing, that it
is impossible to procure a
simultaneous or a destructive
explosion of such units, to the
injury of life, limb, or property
by fire, by friction, by
concussion, by percussion, or by a
detonator, such as fixed
ammunition for small arms, firecrackers,
or safety fuse matches.
(U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees Fahrenheit fahrenheit, or less, as
determined by a
tagliabue or equivalent closed cup test device.
(V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W) "Person" means every natural person, firm,
co-partnership, association, or corporation.
(X) "Pedestrian" means any natural person afoot.
(Y) "Driver or operator" means every person who drives or
is
in actual physical control of a vehicle, trackless trolley, or
streetcar.
(Z) "Police officer" means every officer authorized to
direct
or regulate traffic, or to make arrests for violations of
traffic
regulations.
(AA) "Local authorities" means every county, municipal,
and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB) "Street" or "highway" means the entire width between
the
boundary lines of every way open to the use of the public as
a
thoroughfare for purposes of vehicular travel.
(CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway.
(DD) "Private road or driveway" means every way or place
in
private ownership used for vehicular travel by the owner and
those
having express or implied permission from the owner but not
by
other persons.
(EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the
berm
or shoulder. If a highway includes two or more separate
roadways
the term "roadway" means any such roadway separately but
not all
such roadways collectively.
(FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians.
(GG) "Laned highway" means a highway the roadway of which
is
divided into two or more clearly marked lanes for vehicular
traffic.
(HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code.
(II) "State highway" means a highway under the
jurisdiction
of the department of transportation, outside the
limits of
municipal corporations, provided that the authority
conferred upon
the director of transportation in section 5511.01
of the Revised
Code to erect state highway route markers and
signs directing
traffic shall not be modified by sections 4511.01
to 4511.79 and
4511.99 of the Revised Code.
(JJ) "State route" means every highway that is designated
with an official state route number and so marked.
(KK) "Intersection" means:
(1) The area embraced within the prolongation or
connection
of the lateral curb lines, or, if none, then the
lateral boundary
lines of the roadways of two highways which join
one another at,
or approximately at, right angles, or the area
within which
vehicles traveling upon different highways joining
at any other
angle may come in conflict.
(2) Where a highway includes two roadways thirty feet or
more
apart, then every crossing of each roadway of such divided
highway
by an intersecting highway shall be regarded as a
separate
intersection. If an intersecting highway also includes
two
roadways thirty feet or more apart, then every crossing of
two
roadways of such highways shall be regarded as a separate
intersection.
(3) The junction of an alley with a street or highway, or
with another alley, shall not constitute an intersection.
(1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of
the
traversable roadway;
(2) Any portion of a roadway at an intersection or
elsewhere,
distinctly indicated for pedestrian crossing by lines
or other
markings on the surface;
(3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing.
(MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times.
(NN) "Business district" means the territory fronting upon
a
street or highway, including the street or highway, between
successive intersections within municipal corporations where
fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character
of
such territory is indicated by official traffic control
devices.
(OO) "Residence district" means the territory, not
comprising
a business district, fronting on a street or highway,
including
the street or highway, where, for a distance of three
hundred feet
or more, the frontage is improved with residences or
residences
and buildings in use for business.
(PP) "Urban district" means the territory contiguous to
and
including any street or highway which is built up with
structures
devoted to business, industry, or dwelling houses
situated at
intervals of less than one hundred feet for a
distance of a
quarter of a mile or more, and the character of
such territory is
indicated by official traffic control devices.
(QQ) "Traffic control devices" means all flaggers, signs,
signals, markings, and devices placed or erected by authority of
a
public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic, including signs denoting
names of streets and highways.
(RR) "Traffic control signal" means any device, whether
manually, electrically, or mechanically operated, by which
traffic
is alternately directed to stop, to proceed, to change
direction,
or not to change direction.
(SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(TT) "Traffic" means pedestrians, ridden or herded
animals,
vehicles, streetcars, trackless trolleys, and other
devices,
either singly or together, while using any highway for
purposes of
travel.
(UU) "Right-of-way" means either of the following, as the
context requires:
(1) The right of a vehicle, streetcar, trackless trolley,
or
pedestrian to proceed uninterruptedly in a lawful manner in
the
direction in which it or the individual is moving in
preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
individual's path;
(2) A general term denoting land, property, or the
interest
therein, usually in the configuration of a strip,
acquired for or
devoted to transportation purposes. When used in
this context,
right-of-way includes the roadway, shoulders or
berm, ditch, and
slopes extending to the right-of-way limits
under the control of
the state or local authority.
(VV) "Rural mail delivery vehicle" means every vehicle
used
to deliver United States mail on a rural mail delivery
route.
(WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession.
(XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts
and not intended for the purpose of through vehicular
traffic, and
includes any street or highway that has been
declared an "alley"
by the legislative authority of the municipal
corporation in which
such street or highway is located.
(YY) "Freeway" means a divided multi-lane highway for
through
traffic with all crossroads separated in grade and with
full
control of access.
(ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade.
(AAA) "Thruway" means a through highway whose entire
roadway
is reserved for through traffic and on which roadway
parking is
prohibited.
(BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected.
(CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways.
(DDD) "Ridesharing arrangement" means the transportation
of
persons in a motor vehicle where such transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools.
(EEE) "Motorized wheelchair" means any self-propelled
vehicle
designed for, and used by, a handicapped person and that
is
incapable of a speed in excess of eight miles per hour.
(FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
Code.
(GGG) "Multi-wheel agricultural tractor" means
a type of
agricultural tractor that has two or more wheels or tires on each
side of
one axle
at the rear of the tractor, is
designed or used
for drawing other vehicles or wheeled machinery,
has no provision
for carrying loads independently of
the drawn vehicles or
machinery, and is used principally for agricultural
purposes.
(HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.
(III) "Predicate motor vehicle or traffic offense" means any
of
the following:
(1) A violation of section 4511.03, 4511.051, 4511.12,
4511.132,
4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
4511.22,
4511.23, 4511.25,
4511.26,
4511.27, 4511.28, 4511.29,
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35,
4511.36,
4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43,
4511.431,
4511.432, 4511.44, 4511.441, 4511.451,
4511.452,
4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50,
4511.511,
4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58,
4511.59,
4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68,
4511.70,
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73,
4511.763,
4511.771, 4511.78, or 4511.84 of the Revised
Code;
(2) A violation of division (A)(2) of section 4511.17,
divisions
(A) to (D) of section 4511.51, or division (A) of
section 4511.74 of the Revised Code;
(3) A violation of any provision of sections 4511.01 to
4511.76 of the Revised Code for
which no penalty otherwise is
provided in the
section that contains the provision violated;
(4) A violation of a municipal ordinance that is
substantially
similar to any section or provision set forth or
described in division
(III)(1), (2), or (3) of this section.
Sec. 4511.202.
(A) No person shall operate a motor vehicle,
trackless trolley, or
streetcar, agricultural tractor, or
agricultural tractor that is towing, pulling, or otherwise drawing
a unit of farm machinery on any street, highway, or
property open
to the public for vehicular
traffic without being in
reasonable
control of the vehicle, trolley, or
streetcar, agricultural
tractor, or unit of farm machinery.
(B)
Whoever violates this section is guilty of operating a
motor
vehicle or agricultural tractor without being in control of
it, a minor misdemeanor.
Sec. 4513.11. (A) All vehicles other than bicycles,
including animal-drawn vehicles and vehicles referred to in
division (G) of section 4513.02 of the Revised Code, not
specifically required to be equipped with lamps or other lighting
devices by sections 4513.03 to 4513.10 of the Revised Code,
shall,
at the times specified in section 4513.03 of the Revised
Code, be
equipped with at least one lamp displaying a white light
visible
from a distance of not less than one thousand feet to the
front of
the vehicle, and also shall be equipped with two
lamps
displaying
red light visible from a distance of not less than one
thousand
feet to the rear of the vehicle, or as an alternative,
one lamp
displaying a red light visible from a distance of not
less than
one thousand feet to the rear and two red reflectors
visible from
all distances of six hundred feet to one hundred
feet to the rear
when illuminated by the lawful lower beams of
headlamps.
Lamps and reflectors required or authorized by this section
shall meet standards adopted by the director of public safety.
(B) All boat trailers, farm machinery, and other
machinery,
including all road construction machinery, upon a
street or
highway, except when being used in actual construction
and
maintenance work in an area guarded by a flagperson,
or where
flares are used, or when operating or traveling within the limits
of a construction area designated by the director of
transportation, a city engineer, or the county engineer of the
several counties, when such construction area is marked in
accordance with requirements of the director and the manual of
uniform traffic control devices, as set forth in section 4511.09
of the Revised Code, which is designed for operation at a speed
of
twenty-five miles per hour or less shall be operated at a
speed
not exceeding twenty-five miles per hour, and shall display
a
triangular slow-moving vehicle emblem (SMV). The emblem shall
be
mounted so as to be visible from a distance of not less than
five
hundred feet to the rear. The director of public safety
shall
adopt standards and specifications for the design and
position of
mounting the SMV emblem. The standards and
specifications for SMV
emblems referred to in this section shall
correlate with and, so
far as possible, conform with those
approved by the American
society of agricultural engineers.
A unit of farm machinery that is designed by its manufacturer
to operate at a speed greater than twenty-five miles per hour may
be operated on a street or highway at a speed greater than
twenty-five miles per hour provided it is operated in accordance
with this section.
As used in this division, "machinery" does not include any
vehicle designed to be drawn by an animal.
(C) The use of the SMV emblem shall be restricted to
animal-drawn vehicles, and to the slow-moving vehicles specified
in division (B) of this section operating or traveling within the
limits of the highway. Its use on slow-moving vehicles being
transported upon other types of vehicles or on any other type of
vehicle or stationary object on the highway is prohibited.
(D)(1) No person shall sell, lease, rent, or operate any boat
trailer, farm machinery, or other machinery defined as a
slow-moving vehicle in division (B) of this section, except those
units designed to be completely mounted on a primary power unit,
which is manufactured or assembled on or after April 1, 1966,
unless the vehicle is equipped with a slow-moving vehicle emblem
mounting device as specified in division (B) of this section.
(2) No person shall sell, lease, rent, or operate on a street
or highway any unit of farm machinery that is designed by its
manufacturer to operate at a speed greater than twenty-five miles
per hour unless the unit displays a slow-moving vehicle emblem as
specified in division (B) of this section and a speed
identification symbol that meets the specifications contained in
the American society of agricultural engineers standard ANSI/ASAE
S584 JAN2005, agricultural equipment: speed identification symbol
(SIS).
(E) Any boat trailer, farm machinery, or other machinery
defined as a slow-moving vehicle in division (B) of this section,
in addition
to the use of the slow-moving vehicle emblem, and any
unit of farm machinery that is designed by its manufacturer to
operate at a speed greater than twenty-five miles per hour, in
addition to the display of a speed identification symbol,
may be
equipped with a red flashing light that shall be visible
from a
distance of not less than one thousand feet to the rear at all
times specified in section 4513.03 of the Revised Code. When a
double-faced light is used, it shall display amber light to the
front and red light to the rear.
In addition to the lights described in this division, farm
machinery
and motor vehicles escorting farm machinery
may display
a flashing, oscillating, or rotating amber light, as permitted by
section 4513.17 of the Revised Code, and also may display
simultaneously flashing turn signals or warning lights, as
permitted by that
section.
(F) Every animal-drawn vehicle upon a street or highway
shall
at all times be equipped in one of the following ways:
(1) With a slow-moving vehicle emblem complying with
division
(B) of this section;
(2) With alternate reflective material complying with
rules
adopted under this division;
(3) With both a slow-moving vehicle emblem and alternate
reflective material as specified in this division.
The director of public safety, subject to Chapter 119. of
the
Revised Code, shall adopt rules establishing standards and
specifications for the position of mounting of the alternate
reflective material authorized by this division. The rules shall
permit, as a minimum, the alternate reflective material to be
black, gray, or silver in color. The alternate reflective
material
shall be mounted on the animal-drawn vehicle so as to be
visible,
at all times specified in section 4513.03 of the Revised
Code,
from a distance of not less than five hundred feet to the
rear
when illuminated by the lawful lower beams of headlamps.
(G) Every unit of farm machinery that is designed by its
manufacturer to operate at a speed greater than twenty-five miles
per hour shall display a slow-moving vehicle emblem and a speed
identification symbol that meets the specifications contained in
the American society of agricultural engineers standard ANSI/ASAE
S584 JAN2005, agricultural equipment: speed identification symbol
(SIS) when the unit is operated upon a street or highway,
irrespective of the speed at which the unit is operated on the
street or highway. The speed identification symbol shall indicate
the maximum speed in miles per hour at which the unit of farm
machinery is designed by its manufacturer to operate. The display
of the speed identification symbol shall be in accordance with the
standard prescribed in this division.
If an agricultural tractor that is designed by its
manufacturer to operate at a speed greater than twenty-five miles
per hour is being operated on a street or highway at a speed
greater than twenty-five miles per hour and is towing, pulling, or
otherwise drawing a unit of farm machinery, the unit of farm
machinery shall display a slow-moving vehicle emblem and a speed
identification symbol that is the same as the speed identification
symbol that is displayed on the agricultural tractor.
(H) When an agricultural tractor that is designed by its
manufacturer to operate at a speed greater than twenty-five miles
per hour is being operated on a street or highway at a speed
greater than twenty-five miles per hour, the operator shall
possess some documentation published or provided by the
manufacturer indicating the maximum speed in miles per hour at
which the manufacturer designed the agricultural tractor to
operate.
(I)
Whoever violates this section shall be punished as
provided in section
4513.99 of the Revised Code.
(H)(J) As used in this section, "boat trailer" means any
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of no more
than ten miles and at a speed of twenty-five miles per hour or
less.
Sec. 4513.99. (A)
Any violation of section 4513.03, 4513.04,
4513.05,
4513.06,
4513.07, 4513.071, 4513.09, 4513.10, 4513.11
except for division (H) of that section,
4513.111,
4513.12,
4513.13, 4513.14,
4513.15, 4513.16, 4513.17,
4513.171,
4513.18,
4513.182, 4513.19,
4513.20, 4513.201, 4513.202,
4513.21,
4513.22,
4513.23, 4513.24,
4513.242, 4513.25, 4513.26,
4513.27,
4513.28,
4513.29, 4513.30,
4513.31, 4513.32, or 4513.34
of the
Revised Code
shall be punished
under division (B) of this
section.
(B) Whoever violates
the sections of this chapter that are
specifically required to be punished under this division, or any
provision of sections 4513.03 to 4513.262 or
4513.27 to 4513.37 of
the Revised Code for which violation no
penalty is otherwise
provided, is guilty of a minor misdemeanor
on a first offense; on
a second offense within one year after the
first offense,
the
person is guilty of a misdemeanor of the
fourth degree; on each
subsequent offense within one year after
the first offense,
the
person is guilty of a misdemeanor of the
third degree.
Section 2. That existing sections 4501.01, 4507.03, 4511.01,
4511.202, 4513.11, and 4513.99 of the Revised Code are hereby
repealed.
Section 3. Section 4511.01 of the Revised Code is presented
in
this act as a composite of the section as amended by both Sub.
H.B. 52 and Sub. H.B. 230 of the 125th General Assembly. The
General Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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