130th Ohio General Assembly
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S. B. No. 174  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 174


Senators Fedor, Wagoner 

Cosponsors: Senators Miller, D., Miller, R., Turner, Schiavoni, Morano, Wilson, Sawyer, Goodman, Gibbs, Patton, Gillmor, Schuring, Smith, Strahorn, Cafaro, Kearney, Hughes 



A BILL
To amend section 4511.27 of the Revised Code to establish a safe passing distance between a motor vehicle and a bicycle.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.27 of the Revised Code be amended to read as follows:
Sec. 4511.27.  (A) The following rules govern the overtaking and passing of vehicles or trackless trolleys proceeding in the same direction:
(1) The operator of a vehicle or trackless trolley overtaking another vehicle or trackless trolley proceeding in the same direction shall, except as provided in division (A)(3) of this section, signal to the vehicle or trackless trolley to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle or trackless trolley. When a motor vehicle overtakes a bicycle, the safe passing distance shall be not less than three feet.
(2) Except when overtaking and passing on the right is permitted, the The operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle at the latter's audible signal, and the operator shall not increase the speed of the operator's vehicle until completely passed by the overtaking vehicle.
(3) The operator of a vehicle or trackless trolley overtaking and passing another vehicle or trackless trolley proceeding in the same direction on a divided highway as defined in section 4511.35 of the Revised Code, a limited access highway as defined in section 5511.02 of the Revised Code, or a highway with four or more traffic lanes, is not required to signal audibly to the vehicle or trackless trolley being overtaken and passed.
(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
Section 2. That existing section 4511.27 of the Revised Code is hereby repealed.
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