130th Ohio General Assembly
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S. B. No. 123  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 123


Senator Miller, D. 

Cosponsors: Senators Smith, Cafaro, Miller, R. 



A BILL
To amend sections 4510.036, 4511.98, 4513.03, and 5501.27 of the Revised Code to require that vehicles display lighted lights within construction zones during the hours of actual work within such zones.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4510.036, 4511.98, 4513.03, and 5501.27 of the Revised Code be amended to read as follows:
Sec. 4510.036.  (A) The bureau of motor vehicles shall record within ten days, after receipt, and shall keep at its main office, all abstracts received under this section or section 4510.03, 4510.031, 4510.032, or 4510.034 of the Revised Code and shall maintain records of convictions and bond forfeitures for any violation of a state law or a municipal ordinance regulating the operation of vehicles, streetcars, and trackless trolleys on highways and streets, except a violation related to parking a motor vehicle.
(B) Every court of record or mayor's court before which a person is charged with a violation for which points are chargeable by this section shall assess and transcribe to the abstract of conviction that is furnished by the bureau to the court the number of points chargeable by this section in the correct space assigned on the reporting form. A United States district court that has jurisdiction within this state and before which a person is charged with a violation for which points are chargeable by this section may assess and transcribe to the abstract of conviction report that is furnished by the bureau the number of points chargeable by this section in the correct space assigned on the reporting form. If the federal court so assesses and transcribes the points chargeable for the offense and furnishes the report to the bureau, the bureau shall record the points in the same manner as those assessed and transcribed by a court of record or mayor's court.
(C) A court shall assess the following points for an offense based on the following formula:
(1) Aggravated vehicular homicide, vehicular homicide, vehicular manslaughter, aggravated vehicular assault, or vehicular assault when the offense involves the operation of a vehicle, streetcar, or trackless trolley on a highway or street .......... 6 points
(2) A violation of section 2921.331 of the Revised Code or any ordinance prohibiting the willful fleeing or eluding of a law enforcement officer .......... 6 points
(3) A violation of section 4549.02 or 4549.021 of the Revised Code or any ordinance requiring the driver of a vehicle to stop and disclose identity at the scene of an accident .......... 6 points
(4) A violation of section 4511.251 of the Revised Code or any ordinance prohibiting street racing .......... 6 points
(5) A violation of section 4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or any ordinance prohibiting the operation of a motor vehicle while the driver's or commercial driver's license is under suspension .......... 6 points
(6) A violation of division (A) of section 4511.19 of the Revised Code, any ordinance prohibiting the operation of a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, or any ordinance substantially equivalent to division (A) of section 4511.19 of the Revised Code prohibiting the operation of a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine .......... 6 points
(7) A violation of section 2913.03 of the Revised Code that does not involve an aircraft or motorboat or any ordinance prohibiting the operation of a vehicle without the consent of the owner .......... 6 points
(8) Any offense under the motor vehicle laws of this state that is a felony, or any other felony in the commission of which a motor vehicle was used .......... 6 points
(9) A violation of division (B) of section 4511.19 of the Revised Code or any ordinance substantially equivalent to that division prohibiting the operation of a vehicle with a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine .......... 4 points
(10) A violation of section 4511.20 of the Revised Code or any ordinance prohibiting the operation of a motor vehicle in willful or wanton disregard of the safety of persons or property .......... 4 points
(11) A violation of any law or ordinance pertaining to speed:
(a) Notwithstanding divisions (C)(11)(b) and (c) of this section, when the speed exceeds the lawful speed limit by thirty miles per hour or more .......... 4 points
(b) When the speed exceeds the lawful speed limit of fifty-five miles per hour or more by more than ten miles per hour .......... 2 points
(c) When the speed exceeds the lawful speed limit of less than fifty-five miles per hour by more than five miles per hour .......... 2 points
(d) When the speed does not exceed the amounts set forth in divisions (C)(11)(a), (b), or (c) of this section .......... 0 points
(12) Operating a motor vehicle in violation of a restriction imposed by the registrar .......... 2 points
(13) All other moving violations reported under this section except a violation of division (A)(1)(c) of section 4513.03 of the Revised Code .......... 2 points
(D) Upon receiving notification from the proper court, including a United States district court that has jurisdiction within this state, the bureau shall delete any points entered for a bond forfeiture if the driver is acquitted of the offense for which bond was posted.
(E) If a person is convicted of or forfeits bail for two or more offenses arising out of the same facts and points are chargeable for each of the offenses, points shall be charged for only the conviction or bond forfeiture for which the greater number of points is chargeable, and, if the number of points chargeable for each offense is equal, only one offense shall be recorded, and points shall be charged only for that offense.
Sec. 4511.98. The director of transportation, board of county commissioners, or board of township trustees shall cause signs to be erected advising motorists that every vehicle is required to display lighted lights and illuminating devices in a construction zone and also that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone. The requirement to display lights and the increased penalties shall be effective only when the signs are erected in accordance with the guidelines and design specifications established by the director under section 5501.27 of the Revised Code, and when a violation occurs during hours of actual work within the construction zone.
Sec. 4513.03.  (A) Every (1) Except as provided in division (A)(2) of this section, every vehicle that is upon a street or highway within this state during the time from sunset to sunrise, and at any other time when there are unfavorable atmospheric conditions or when there is not sufficient natural light to render discernible persons, vehicles, and substantial objects on the highway at a distance of one thousand feet ahead, shall display lighted lights and illuminating devices as required by sections 4513.04 to 4513.37 of the Revised Code, for different classes of vehicles; except that every, as follows:
(a) During the time from sunset to sunrise;
(b) At any time when there are unfavorable atmospheric conditions or when there is not sufficient natural light to render discernible persons, vehicles, and substantial objects on the highway at a distance of one thousand feet;
(c) During hours of actual work within a construction zone, as defined in section 5501.27 of the Revised Code, if signs have been erected under section 4511.98 of the Revised Code giving notice of the requirement for lighted lights.
(2) Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the director of public safety under section 4511.521 of the Revised Code. No
(B) When required under division (A) of this section to display lighted lights or illuminated devices, no motor vehicle, during such times, shall be operated upon a street or highway within this state using only parking lights or daytime running lamps as illumination.
(C) Whenever in such sections 4513.04 to 4513.37 of the Revised Code declare a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, such the distance shall be measured upon a straight level unlighted highway under normal atmospheric conditions unless a different condition is expressly stated.
(D) Whenever in such those sections declare a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands.
(B)(E) As used in this section, "daytime running lamps" has the same meaning as in federal motor vehicle safety standard number 108.
(F) Whoever violates this section shall be punished as provided in section 4513.99 of the Revised Code.
Sec. 5501.27. (A) The director of transportation shall adopt rules that do the following:
(1) Rules governing the posting of signs advising motorists of the requirement to display lighted lights and illuminating devices, and also that increased penalties apply for certain traffic violations occurring on streets or highways, in a construction zone;
(2) Rules governing the posting of signs to be used pursuant to section 2903.081 of the Revised Code giving notice to motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of or injury to any person in a construction zone as a proximate result of a reckless operation offense or speeding offense.
(B) The rules required under divisions (A)(1) and (2) of this section shall include guidelines to determine which areas are appropriate to the posting of such signs. The guidelines may include consideration of the following: the duration of the work on the street or highway, the proximity of workers to moving traffic, the existence of any unusual or hazardous conditions, the volume of traffic on the street or highway, and any other appropriate factors. The director shall formulate design specifications for the signs described in division (A)(1) of this section advising motorists of the lighted lights requirement and the increased penalties and the signs described in division (A)(2) of this section notifying motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of or injury to any person in a construction zone as a proximate result of a reckless operation offense or speeding offense as described in that division. For purposes of traffic violation penalties, nothing in this section is intended to conflict with any standard set forth in the federal manual of uniform traffic control devices for streets and highways.
(C) As used in this section and in section sections 4511.98 and 4513.03 of the Revised Code, "construction zone" means that lane or portion of street or highway open to vehicular traffic and adjacent to a lane, berm, or shoulder of a street or highway within which lane, berm, or shoulder construction, reconstruction, resurfacing, or any other work of a repair or maintenance nature, including public utility work, is being conducted, commencing with the point where the first worker or piece of equipment is located and ending where the last worker or piece of equipment is located.
Section 2. That existing sections 4510.036, 4511.98, 4513.03, and 5501.27 of the Revised Code are hereby repealed.
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