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H. B. No. 524 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Driehaus, Walter, Okey, Yuko
A BILL
To amend sections 4501.01, 4507.11, and 4511.01 and
to enact sections 4511.072 and 4511.214 of the
Revised Code to establish conditions for the
operation of mini-trucks on certain roads.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.01, 4507.11, and 4511.01 be
amended and sections 4511.072 and 4511.214 of the Revised Code be
enacted 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,
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 two tandem wheels, or one wheel in front and two
wheels in the rear, or two wheels in the front and one wheel 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, 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 or 4503.65 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 or 4503.65
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, but in no event is used for
general transportation. "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.
(WW) "Mini-truck" means a motor vehicle that has four wheels,
is propelled by an electric motor with a rated power of seven
thousand five hundred watts or less or an internal combustion
engine with a piston displacement capacity of six hundred sixty
cubic centimeters or less, has a total dry weight of nine hundred
to two thousand two hundred pounds, contains an enclosed cabin and
a seat for the vehicle operator, resembles a pickup truck or van
with a cargo area or bed located at the rear of the vehicle, and
was not originally manufactured to meet federal motor vehicle
safety standards.
Sec. 4507.11. (A) The registrar of motor vehicles shall
conduct all necessary examinations of applicants for temporary
instruction permits, drivers' licenses, or motorcycle operators'
endorsements. The examination shall include a test of the
applicant's knowledge of motor vehicle laws, including the laws on
stopping for school buses, a test of the applicant's physical
fitness to drive, and a test of the applicant's ability to
understand highway traffic control devices. The examination may be
conducted in such a manner that applicants who are illiterate or
limited in their knowledge of the English language may be tested
by methods that would indicate to the examining officer that the
applicant has a reasonable knowledge of motor vehicle laws and
understands highway traffic control devices. An applicant for a
driver's license shall give an actual demonstration of the ability
to exercise ordinary and reasonable control in the operation of a
motor vehicle by driving the same under the supervision of an
examining officer; for the purpose of the actual demonstration of
ability to exercise ordinary and reasonable control over a
vehicle, each applicant shall use a vehicle that is able to be
operated on any highway in the state. Except as provided in
division (B) of this section, an applicant for a motorcycle
operator's endorsement or a restricted license that permits only
the operation of a motorcycle shall give an actual demonstration
of the ability to exercise ordinary and reasonable control in the
operation of a motorcycle by driving the same under the
supervision of an examining officer. Except as provided in section
4507.12 of the Revised Code, the registrar shall designate the
highway patrol, any law enforcement body, or any other employee of
the department of public safety to supervise and conduct
examinations for temporary instruction permits, drivers' licenses,
and motorcycle operators' endorsements and shall provide the
necessary rules and forms to properly conduct the examinations.
The records of the examinations, together with the application for
a temporary instruction permit, driver's license, or motorcycle
operator's endorsement, shall be forwarded to the registrar by the
deputy registrar, and, if in the opinion of the registrar the
applicant is qualified to operate a motor vehicle, the registrar
shall issue the permit, license, or endorsement.
The registrar may authorize the highway patrol, other
designated law enforcement body, or other designated employee of
the department of public safety to issue an examiner's driving
permit to an applicant who has passed the required examination,
authorizing that applicant to operate a motor vehicle while the
registrar is completing an investigation relative to that
applicant's qualifications to receive a temporary instruction
permit, driver's license, or motorcycle operator's endorsement.
The examiner's driving permit shall be in the immediate possession
of the applicant while operating a motor vehicle and shall be
effective until final action and notification has been given by
the registrar, but in no event longer than sixty days from its
date of issuance.
(B)(1) An applicant for a motorcycle operator's endorsement
or a restricted license that permits only the operation of a
motorcycle who presents to the registrar of motor vehicles or a
deputy registrar a form approved by the director of public safety
attesting to the applicant's successful completion within the
preceding sixty days of a course of basic instruction provided by
the motorcycle safety and education program approved by the
director pursuant to section 4508.08 of the Revised Code shall not
be required to give an actual demonstration of the ability to
operate a motorcycle by driving a motorcycle under the supervision
of an examining officer, as described in division (A) of this
section. Upon presentation of the form described in division
(B)(1) of this section and compliance with all other requirements
relating to the issuance of a motorcycle operator's endorsement or
a restricted license that permits only the operation of a
motorcycle, the registrar or deputy registrar shall issue to the
applicant the endorsement or restricted license, as the case may
be.
(2) A person who has not attained eighteen years of age and
presents an application for a motorcycle operator's endorsement or
a restricted license under division (B)(1) of this section also
shall comply with the requirements of section 4507.21 of the
Revised Code.
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,
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 seat or 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 two
tandem wheels, or one wheel in the front and two wheels in the
rear, or two wheels in the front and one wheel 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, 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,
division (A)(1) of section 4511.214, 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.
(JJJ) "Road service vehicle" means wreckers, utility repair
vehicles, and state, county, and municipal service vehicles
equipped with visual signals by means of flashing, rotating, or
oscillating lights.
Sec. 4511.072. (A) By ordinance or resolution, a local
authority may authorize the operation of mini-trucks on a public
street or highway under its jurisdiction in accordance with this
section and any additional, more stringent requirements the local
authority may establish. A local authority that authorizes the
operation of mini-trucks shall do all of the following:
(1) Require any mini-truck operated on the public streets or
highways to be equipped with all of the following:
(a) At least two headlights;
(b) At least two tail lights;
(c) Front and rear turn signal lights;
(d) An exterior mirror mounted on the driver's side of the
vehicle and either an exterior mirror mounted on the passenger's
side of the vehicle or an interior mirror;
(f) A seat belt for the driver and front passenger;
(2) Require a vehicle owner who wishes to operate a
mini-truck on the public streets or highways to submit the vehicle
to an inspection conducted by a local law enforcement agency that
complies with safety and equipment inspection requirements
established by the department of public safety under section
4513.02 of the Revised Code and Chapter 4501:2-1 of the
Administrative Code;
(3) Permit the operation on public streets or highways of a
mini-truck only if the vehicle is properly equipped as required
under this section and has passed the required vehicle inspection,
is registered in accordance with Chapter 4503. of the Revised
Code, is titled in accordance with Chapter 4505. of the Revised
Code, and otherwise is operated in accordance with traffic laws of
this state and related ordinances, except as to those provisions
which by their nature can have no application;
(4) Limit the operation of mini-trucks to streets and
highways having an established speed limit not greater than
thirty-five miles per hour.
(B) The local authority shall notify the director of public
safety, in a manner the director determines, of the authorization
for the operation of mini-trucks within the jurisdiction of the
local authority.
Sec. 4511.214. (A)(1) No person shall operate a mini-truck
upon any street or highway except upon a street or highway having
an established speed limit not greater than thirty-five miles per
hour where a local authority has granted permission for such
operation in accordance with section 4511.072 of the Revised Code.
(2) Division (A)(1) of this section does not prohibit a
person operating a mini-truck from proceeding across an
intersection of a street or highway having a speed limit greater
than thirty-five miles per hour.
(B) Except as otherwise provided in this division, whoever
violates division (A)(1) of 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 4501.01, 4507.11, and
4511.01 of the Revised Code are hereby repealed.
Section 3. Section 4507.11 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 600 and S.B. 271 of the 123rd 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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