The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 123 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
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.
|
|