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S. B. No. 65 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsor:
Senator Grendell
A BILL
To amend sections 4510.02, 4510.036, 4511.21,
4511.33, 4511.41, 4511.42, 4511.43, 4511.431,
4511.44, 4511.441, 4511.45, 4511.451, 4511.46,
4511.47, and 4513.39 and to enact section 4501.14
of the Revised Code to provide for increased
penalties when a person violates the motor vehicle
traffic law assured clear distance ahead provision
or commits a failure to yield the right-of-way
offense that results in serious physical harm or
death to another person.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 4510.02, 4510.036, 4511.21,
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 be amended and
section 4501.14 of the Revised Code be enacted to read as follows:
Sec. 4501.14. There is hereby created in the state treasury
the highway safety education fund, consisting of those portions of
fines collected pursuant to and specified in sections 4511.21,
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,
4511.45, 4511.451, 4511.46, and 4511.47 of the Revised Code. The
department of public safety shall use the money in the fund only
to pay for educational activities that relate to highway safety.
Sec. 4510.02. (A) When a court elects or is required to
suspend
the driver's license, commercial driver's license,
temporary instruction
permit, probationary license,
or nonresident
operating privilege of any offender from a specified suspension
class, for each of the following
suspension classes, the court
shall impose a definite period of
suspension
from the range
specified for the suspension class:
(1) For a class one suspension, a definite period for the
life of the
person subject to the suspension;
(2) For a class two suspension, a definite period of three
years
to life;
(3) For a class three suspension, a definite period of two
to
ten
years;
(4) For a class four suspension, a definite period of one to
five years;
(5) For a class five suspension, a definite period of six
months
to three years;
(6) For a class six suspension, a definite period of three
months to two years;
(7) For a class seven suspension, a definite period not to
exceed
one year;
(8) For a class eight suspension, a definite period not to
exceed six months.
(B) When the bureau of motor vehicles elects or is required
to
suspend the driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege of any person from a specified suspension
class, for each of the following
suspension
classes, the period of
suspension
shall be as follows:
(1) For a class A suspension, three years;
(2) For a class B suspension, two years;
(3) For a class C suspension, one year;
(4) For a class D suspension, six months;
(5) For a class E suspension, three months;
(6) For a class F suspension, until conditions are met.
(C) The court may require a person to successfully complete
a
remedial
driving course as a condition for the return of full
driving privileges
after a suspension period imposed from any
range in division (A) of
this section or otherwise imposed by
the
court pursuant to any other
provision of law ends.
(D) When a court or the bureau suspends the driver's
license,
commercial driver's license, temporary instruction
permit,
probationary
license, or nonresident operating privilege
of any
offender or person pursuant
to any provision of law that
does not
provide for the suspension to be from a
class set forth
in
division (A) or (B) of this section,
except as otherwise
provided
in the provision that authorizes or requires the
suspension, the
suspension shall be subject to and governed by
this chapter.
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) A violation of section 4511.21, 4511.33, 4511.41,
4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.45, 4511.451,
4511.46, or 4511.47 of the Revised Code in which the court
assesses at least two but not more than six points .......... 2 to
6 points, as assessed by the court
(14) All other moving violations reported under this
section
.......... 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. 4511.21. (A) No person shall operate a motor
vehicle,
trackless trolley, or streetcar at a speed greater or
less than is
reasonable or proper, having due regard to the
traffic, surface,
and width of the street or highway and any
other conditions, and
no person shall drive any motor vehicle,
trackless trolley, or
streetcar in and upon any street or highway
at a greater speed
than will permit the person to bring it
to a stop within the
assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower
limit
declared pursuant to this section by the director of
transportation or local authorities, for the operator of a motor
vehicle, trackless trolley, or streetcar to operate the same at a
speed not exceeding the following:
(1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the speed
shall be governed by division (B)(4) of this section and on
freeways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by divisions
(B)(9) and (10) of this section. The end of every school zone may
be marked by a sign indicating the end of the zone. Nothing in
this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or
other lights, or giving other special notice of the hours in
which
the school zone speed limit is in effect.
(b) As used in this section and in section 4511.212 of the
Revised Code, "school" means any school chartered under section
3301.16 of the Revised Code and any nonchartered school that
during the preceding year filed with the department of education
in compliance with rule 3301-35-08 of the Ohio Administrative
Code, a copy of the school's report for the parents of the
school's pupils certifying that the school meets Ohio minimum
standards for nonchartered, nontax-supported schools and presents
evidence of this filing to the jurisdiction from which it is
requesting the establishment of a school zone. "School" also
includes a special elementary school that in writing requests the
county engineer of the county in which the special elementary
school is located to create a school zone at the location of that
school. Upon receipt of such a written request, the county
engineer shall create a school zone at that location by erecting
the appropriate signs.
(c) As used in this section, "school zone" means that
portion
of a street or highway passing a school fronting upon the
street
or highway that is encompassed by projecting the school
property
lines to the fronting street or highway, and also
includes that
portion of a state highway. Upon request from
local
authorities
for streets and highways under their
jurisdiction and
that portion
of a state highway under the
jurisdiction of the
director of
transportation or a request from a county engineer in the case of
a school zone for a special elementary school, the director may
extend the
traditional school zone boundaries. The distances in
divisions
(B)(1)(c)(i), (ii), and (iii) of this section shall not
exceed
three hundred feet per approach per direction and are
bounded by
whichever of the following distances or combinations
thereof the
director approves as most appropriate:
(i) The distance encompassed by projecting the school
building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of
the
pavement for a principal school pupil crosswalk plus a
distance of
three hundred feet on each approach direction of the
highway.
Nothing in this section shall be construed to invalidate
the
director's initial action on August 9, 1976, establishing all
school zones at the traditional school zone boundaries defined by
projecting school property lines, except when those boundaries
are
extended as provided in divisions (B)(1)(a) and (c) of this
section.
(d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code.
The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of mental retardation
and developmental disabilities created pursuant to Chapter 5126.
of the Revised Code, and upon submission by the municipal
corporation, township, or county board of such engineering,
traffic, and other information as the director considers
necessary, designate a school zone on any portion of a state
route
lying within the municipal corporation, lying within the
unincorporated territory of the township, or lying adjacent to
the
property of a school that is operated by such county board,
that
includes a crosswalk customarily used by children going to
or
leaving a school during recess and opening and closing hours,
whenever the distance, as measured in a straight line, from the
school property line nearest the crosswalk to the nearest point
of
the crosswalk is no more than one thousand three hundred
twenty
feet. Such a school zone shall include the distance
encompassed
by
the crosswalk and extending three hundred feet on
each approach
direction of the state route.
(e) As used in this section, "special elementary school"
means a school that meets all of the following criteria:
(i) It is not chartered and does not receive tax revenue from
any source.
(ii) It does not educate children beyond the eighth grade.
(iii) It is located outside the limits of a municipal
corporation.
(iv) A majority of the total number of students enrolled at
the school are not related by blood.
(v) The principal or other person in charge of the special
elementary school annually sends a report to the superintendent of
the school district in which the special elementary school is
located indicating the total number of students enrolled at the
school, but otherwise the principal or other person in charge does
not report any other information or data to the superintendent.
(2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys;
(3) Thirty-five miles per hour on all state routes or
through
highways within municipal corporations outside business
districts,
except as provided in divisions (B)(4) and (6) of this
section;
(4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations;
(5) Fifty-five miles per hour on highways outside
municipal
corporations, other than highways within island jurisdictions as
provided in division (B)(8) of this section and freeways as
provided in
division (B)(13) of this section;
(6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the
municipal
corporation;
(8) Thirty-five miles per hour on highways outside municipal
corporations that are within an island jurisdiction;
(9) Fifty-five miles per hour at all times on freeways
with
paved shoulders inside municipal corporations, other than
freeways
as provided in division (B)(13) of this section;
(10) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided
in
division (B)(13) of this section;
(11) Fifty-five miles per hour at all times on all
portions
of freeways that are part of the interstate system and on all
portions
of freeways
that are not part of the
interstate system,
but are built to the standards and specifications that are
applicable to freeways that are part of the interstate system
for
operators of any motor vehicle
weighing in excess of eight
thousand pounds empty weight and any
noncommercial bus;
(12) Fifty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of freeways that
are part of the interstate system
and that had such a speed limit
established prior to
October 1, 1995, and freeways that are not
part of the interstate system, but are built to the standards and
specifications that are applicable to freeways that are part of
the interstate
system and that had such a speed limit established
prior to
October 1, 1995, unless a higher speed limit
is
established under division (L) of this
section;
(13) Sixty-five miles per hour for operators of any motor
vehicle
weighing eight thousand pounds or less empty weight and
any commercial bus at
all times on all portions of the following:
(a) Freeways that are part of the interstate system
and that
had such a speed limit established prior to
October 1, 1995, and
freeways that are not
part of the interstate system, but are built
to the standards and
specifications that are applicable to
freeways that are part of the interstate
system and that had such
a speed limit established prior to
October 1, 1995;
(b) Freeways that are part of the interstate system
and
freeways that are not part of the interstate system but are built
to the
standards and specifications that are applicable to
freeways that are part of
the interstate system, and that had such
a speed limit established under
division (L) of this section;
(c) Rural, divided, multi-lane highways
that are designated
as part of the national highway system under the
"National
Highway
System
Designation
Act of 1995," 109
Stat. 568, 23
U.S.C.A.
103,
and that had such a speed limit established under division
(M) of
this section.
(C) It is prima-facie unlawful for any person to exceed
any
of the speed limitations in divisions (B)(1)(a), (2), (3),
(4),
(6), (7), and (8) of this section, or any declared pursuant to
this
section by the director or local authorities and it is
unlawful
for any person to exceed any of the speed
limitations
in
division
(D) of this section. No person shall be convicted of
more
than
one violation of this section for the same conduct,
although
violations of more than one provision of this section
may be
charged in the alternative in a single affidavit.
(D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows:
(1) At a speed exceeding fifty-five miles per hour, except
upon a freeway as provided in division (B)(13) of this
section;
(2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in division (B)(13) of this section
except as
otherwise provided in division (D)(3) of this section;
(3) If a motor vehicle weighing in excess of eight
thousand
pounds empty weight or a noncommercial bus as prescribed
in
division (B)(11) of this section, at a speed exceeding
fifty-five
miles per hour upon a freeway as provided in that
division;
(4) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit of not more than
sixty-five miles per hour pursuant to
division
(L)(2) or (M) of this section;
(5) At a speed exceeding sixty-five miles per hour upon a
freeway for
which such a speed limit has been established through
the operation of
division
(L)(3) of this section;
(6) At a speed exceeding the posted speed limit upon a
freeway for which
the director has determined and declared a speed
limit pursuant to division
(I)(2) of this section.
(E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed at
which the defendant is alleged to have driven, and in charges
made
in reliance upon division (C) of this section also the speed
which
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a
limit
declared pursuant to, this section declares is prima-facie
lawful
at the time and place of such alleged violation, except
that in
affidavits where a person is alleged to have driven at a
greater
speed than will permit the person to bring the
vehicle to a stop
within the assured clear distance ahead the affidavit and warrant
need not specify the speed at which the defendant is alleged to
have driven.
(F) When a speed in excess of both a prima-facie
limitation
and a limitation in division (D)(1), (2),
(3), (4), (5), or (6) of
this
section is alleged, the defendant shall be charged in a
single
affidavit, alleging a single act, with a violation
indicated of
both division (B)(1)(a), (2), (3), (4), (6), (7), or
(8)
of this
section, or of a limit declared pursuant to this
section
by the
director or local authorities, and of the
limitation in
division
(D)(1), (2), (3), (4), (5),
or (6) of this
section. If
the court finds a violation of
division (B)(1)(a),
(2), (3), (4),
(6), (7), or (8) of, or a limit
declared pursuant
to, this section has
occurred, it shall enter a
judgment of
conviction under such
division and dismiss the charge
under
division (D)(1), (2), (3),
(4), (5), or (6) of this section. If it
finds no
violation of
division (B)(1)(a), (2), (3), (4), (6), (7),
or (8) of,
or a limit
declared pursuant to, this section, it shall
then
consider whether
the evidence supports a conviction under
division (D)(1), (2),
(3), (4),
(5), or (6) of this section.
(G) Points shall be assessed for violation of a limitation
under division (D) of this section
in accordance with section
4510.036
of the Revised Code.
(H) Whenever the director determines
upon the basis of a
geometric and traffic
characteristic study that
any speed limit
set forth in divisions (B)(1)(a) to (D) of this
section is greater
or less than is reasonable or safe under the
conditions found to
exist at any portion of a street or highway under the
jurisdiction
of the director, the director shall determine and
declare a
reasonable and safe prima-facie speed limit, which
shall be
effective when appropriate signs giving notice of it are
erected
at the
location.
(I)(1) Except as provided in divisions
(I)(2) and (K) of
this
section,
whenever local authorities determine upon the basis
of an
engineering and traffic investigation that the speed
permitted by
divisions (B)(1)(a) to (D) of this section, on any
part of a
highway under their jurisdiction, is greater than is
reasonable
and safe under the conditions found to exist at such
location,
the
local authorities may by resolution request the
director to
determine and declare a reasonable and safe
prima-facie speed
limit. Upon receipt of such request the
director may determine
and
declare a reasonable and safe
prima-facie speed limit at such
location, and if the director does
so, then such declared speed
limit shall become effective only
when appropriate signs giving
notice thereof are erected at such
location by the local
authorities. The director may withdraw the
declaration of
a
prima-facie speed limit whenever in the
director's opinion
the
altered
prima-facie speed becomes
unreasonable. Upon
such
withdrawal,
the declared prima-facie
speed shall become
ineffective and the
signs relating thereto
shall be immediately
removed by the local
authorities.
(2) A local authority may determine on the basis of a
geometric
and traffic characteristic study that the speed limit of
sixty-five miles per
hour on a portion of a freeway under its
jurisdiction that was established
through the operation of
division (L)(3) of
this section is greater than is reasonable or
safe under the conditions found
to exist at that portion of the
freeway. If the local authority makes such a
determination, the
local authority by resolution may request the director to
determine and declare a reasonable and safe speed limit of not
less than
fifty-five miles per hour for that portion of the
freeway. If the director
takes such action, the declared speed
limit becomes effective only when
appropriate signs giving notice
of it are erected at such location by the
local authority.
(J) Local authorities in their respective jurisdictions
may
authorize by ordinance higher prima-facie speeds than those
stated
in this section upon through highways, or upon highways or
portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of fifty miles per hour.
Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
approved by the director. The director may withdraw approval
of
any altered prima-facie speed limits whenever in the
director's
opinion
any altered prima-facie speed becomes unreasonable, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of
this
section, "unimproved highway" means a highway consisting of
any of
the following:
(b) Unimproved graded and drained earth;
(2) Except as otherwise provided in divisions (K)(4) and
(5)
of this section, whenever a board of township trustees
determines
upon the basis of an engineering and traffic
investigation that
the speed permitted by division (B)(5) of this
section on any part
of an unimproved highway under its
jurisdiction and in the
unincorporated territory of the township
is greater than is
reasonable or safe under the conditions found
to exist at the
location, the board may by resolution declare a
reasonable and
safe prima-facie speed limit of fifty-five but not
less than
twenty-five miles per hour. An altered speed limit
adopted by a
board of township trustees under this division
becomes effective
when appropriate traffic control devices, as
prescribed in section
4511.11 of the Revised Code, giving notice
thereof are erected at
the location, which shall be no sooner
than sixty days after
adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township
trustees, any altered prima-facie speed limit established by the
board under this division becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway
and
the board has adopted an altered prima-facie speed limit
pursuant
to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of
such
a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto
shall
be immediately removed.
(4)(a) If the boundary of two townships rests on the
centerline of an unimproved highway in unincorporated territory
and both townships have jurisdiction over the highway, neither of
the boards of township trustees of such townships may declare an
altered prima-facie speed limit pursuant to division (K)(2) of
this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of
the
townships determine, upon the basis of an engineering and
traffic
investigation, that the speed permitted by division
(B)(5) of this
section is greater than is reasonable or safe
under the conditions
found to exist at the location and both
boards agree upon a
reasonable and safe prima-facie speed limit
of less than
fifty-five but not less than twenty-five miles per
hour for that
location. If both boards so agree, each shall
follow the
procedure
specified in division (K)(2) of this section
for
altering the
prima-facie speed limit on the highway. Except
as
otherwise
provided in division (K)(4)(b) of this section, no
speed
limit
altered pursuant to division (K)(4)(a) of this
section may
be
withdrawn unless the boards of township trustees
of both
townships
determine that the altered prima-facie speed
limit
previously
adopted becomes unreasonable and each board
adopts a
resolution
withdrawing the altered prima-facie speed
limit
pursuant to the
procedure specified in division (K)(3)(a)
of this
section.
(b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards of
township trustees have adopted an altered prima-facie speed limit
pursuant to division (K)(4)(a) of this section, both boards
shall,
by resolution, withdraw the altered prima-facie speed
limit as
soon as the highway ceases to be unimproved. Upon the
adoption of
the resolution, the altered prima-facie speed limit
becomes
ineffective and the traffic control devices relating
thereto shall
be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
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, or where the entire length of the highway is
less than three hundred feet long and the frontage is improved
with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis
of
an engineering and traffic investigation that the prima-facie
speed permitted by division (B)(5) of this section on any part of
a highway under its jurisdiction that is located in a commercial
or residential subdivision, except on highways or portions
thereof
at the entrances to which vehicular traffic from the
majority of
intersecting highways is required to yield the
right-of-way to
vehicles on such highways in obedience to stop or
yield signs or
traffic control signals, is greater than is
reasonable and safe
under the conditions found to exist at the
location, the board may
by resolution declare a reasonable and
safe prima-facie speed
limit of less than fifty-five but not less
than twenty-five miles
per hour at the location. An altered
speed limit adopted by a
board of township trustees under this
division shall become
effective when appropriate signs giving
notice thereof are erected
at the location by the township.
Whenever, in the opinion of a
board of township trustees, any
altered prima-facie speed limit
established by it under this
division becomes unreasonable, it may
adopt a resolution
withdrawing the altered prima-facie speed, and
upon such
withdrawal, the altered prima-facie speed shall become
ineffective, and the signs relating thereto shall be immediately
removed by the township.
(L)(1) Within one
hundred twenty days of
February 29, 1996,
the director of
transportation, based upon a
geometric and traffic
characteristic
study of a
freeway that is
part of the interstate
system or that
is not part of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system, in consultation
with the
director of public
safety and, if applicable, the local
authority
having jurisdiction
over a portion of such freeway, may
determine
and declare
that the
speed limit of less than sixty-five
miles per
hour established on
such
freeway or portion of freeway
either is
reasonable and safe
or is less than
that which is
reasonable and
safe.
(2) If the established speed limit for such a freeway or
portion of
freeway is determined to be less than that which is
reasonable and safe, the
director of transportation, in
consultation with the director of public safety
and, if
applicable, the local authority having jurisdiction over the
portion
of
freeway, shall determine and declare a reasonable and
safe speed limit of not
more than sixty-five miles per hour for
that freeway or portion of freeway.
The director of transportation or local authority having
jurisdiction
over the freeway or portion of freeway shall erect
appropriate signs giving
notice of the speed limit at such
location within
one hundred fifty days of
February 29, 1996.
Such
speed
limit becomes
effective only when such
signs are
erected at
the location.
(3) If, within one hundred twenty days of
February 29,
1996,
the director of
transportation does not make a
determination
and
declaration of a
reasonable and safe speed limit
for a freeway
or
portion of
freeway that is part of the interstate
system or
that
is not part
of the
interstate system, but is built
to the
standards and
specifications that are
applicable to
freeways that
are part of
the interstate system and that has a
speed limit of
less than
sixty-five miles per hour, the speed
limit on that
freeway or
portion of a freeway shall be sixty-five
miles per
hour. The
director of transportation or local authority
having
jurisdiction
over the
freeway or portion of the freeway
shall
erect appropriate
signs giving notice
of the speed limit of
sixty-five miles per
hour at such location within one
hundred
fifty days of
February 29, 1996. Such speed
limit
becomes
effective only when such signs are erected at the
location. A
speed
limit established through the operation of
division
(L)(3)
of this section is subject to reduction
under
division (I)(2) of
this section.
(M) Within three hundred sixty days
after
February 29,
1996,
the director of
transportation,
based upon a
geometric and
traffic
characteristic
study of a rural, divided,
multi-lane
highway that
has been
designated as part of the
national highway
system under
the
"National
Highway
System
Designation
Act of
1995," 109
Stat.
568,
23
U.S.C.A.
103, in
consultation with the
director of public
safety and, if
applicable,
the
local authority
having jurisdiction
over a portion
of the highway, may
determine
and declare that the
speed limit of
less than sixty-five miles per
hour established on
the highway or
portion of highway either is
reasonable and
safe or
is less than
that which is reasonable and
safe.
If the established speed limit for the highway or portion of
highway is
determined to be less than that which is reasonable and
safe, the director of
transportation, in consultation with the
director of public safety and, if
applicable, the local authority
having jurisdiction over the portion of
highway, shall determine
and declare a reasonable and safe speed limit of not
more than
sixty-five miles per hour for that highway or portion of highway.
The director of transportation or local authority having
jurisdiction over the
highway or portion of highway shall erect
appropriate signs giving notice of
the speed limit at such
location within three hundred ninety days after
February 29,
1996.
The speed limit becomes
effective only when
such signs are
erected
at the location.
(N)(1)(a) If the boundary of two local authorities rests on
the centerline of a highway and both authorities have jurisdiction
over the highway, the speed limit for the part of the highway
within their joint jurisdiction shall be either one of the
following as agreed to by both authorities:
(i) Either prima-facie speed limit permitted by division (B)
of this section;
(ii) An altered speed limit determined and posted in
accordance with this section.
(b) If the local authorities are unable to reach an
agreement, the speed limit shall remain as established and posted
under this section.
(2) Neither local authority may declare an altered
prima-facie speed limit pursuant to this section on the part of
the highway under their joint jurisdiction unless both of the
local authorities determine, upon the basis of an engineering and
traffic investigation, that the speed permitted by this section is
greater than is reasonable or safe under the conditions found to
exist at the location and both authorities agree upon a uniform
reasonable and safe prima-facie speed limit of less than
fifty-five but not less than twenty-five miles per hour for that
location. If both authorities so agree, each shall follow the
procedure specified in this section for altering the prima-facie
speed limit on the highway, and the speed limit for the part of
the highway within their joint jurisdiction shall be uniformly
altered. No altered speed limit may be withdrawn unless both local
authorities determine that the altered prima-facie speed limit
previously adopted becomes unreasonable and each adopts a
resolution withdrawing the altered prima-facie speed limit
pursuant to the procedure specified in this section.
(O) As used in this section:
(1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101.
(2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the
transportation
of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization.
(P)(1) A violation of any provision of this section
is one
of
the following:
(a) Except as otherwise provided in divisions
(P)(1)(b),
(1)(c), (2), and
(3) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to two
violations of any provision of
this section or of any provision of
a municipal ordinance that is
substantially similar to any
provision of this section, a misdemeanor of the
fourth degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations
of any
provision of this section or of any
provision of a municipal ordinance that is
substantially similar
to any provision of this section, a misdemeanor of the
third
degree.
(2) If the offender has not previously been convicted of or
pleaded guilty
to a violation of any provision of this section or
of any provision of a
municipal ordinance that is substantially
similar to this section and operated
a motor vehicle faster than
thirty-five
miles an hour in a business district of a municipal
corporation,
faster than fifty miles an hour in other portions of
a municipal
corporation, or faster than thirty-five miles an hour
in a school
zone during recess or while children are going to or
leaving
school during the school's opening or closing hours, a
misdemeanor of the
fourth degree.
(3) Notwithstanding division (P)(1) of this section, if the
offender operated a motor vehicle in a construction
zone where a
sign was then posted in accordance with section
4511.98 of the
Revised Code, the court, in addition to all
other
penalties
provided by law, shall impose upon the offender a fine of two
times
the usual amount
imposed for the violation. No court shall
impose a
fine of two times the usual amount imposed for the
violation upon
an offender if the offender alleges, in an
affidavit filed with the court
prior to the offender's sentencing,
that the offender is indigent
and is unable to pay the fine
imposed pursuant to this division
and if the court determines that
the offender is an indigent person
and unable to pay the fine.
(4)(a) If the offender's violation of division (A) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (P)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (P)(4)(a) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(b) If the offender's violation of division (A) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (P)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (P)(4)(b) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
Sec. 4511.33.
(A) Whenever any roadway has been divided
into
two or more clearly marked lanes for traffic, or wherever
within
municipal corporations traffic is lawfully moving in two or
more
substantially continuous lines in the same direction, the
following rules apply:
(1) A vehicle or trackless trolley shall be driven, as
nearly
as is practicable, entirely within a single lane or line
of
traffic and shall not be moved from such lane or line until
the
driver has first ascertained that such movement can be made
with
safety.
(2) Upon a roadway which is divided into three lanes and
provides for two-way movement of traffic, a vehicle or trackless
trolley shall not be driven in the center lane except when
overtaking and passing another vehicle or trackless trolley where
the roadway is clearly visible and such center lane is clear of
traffic within a safe distance, or when preparing for a left
turn,
or where such center lane is at the time allocated
exclusively to
traffic moving in the direction the vehicle or
trackless trolley
is proceeding and is posted with signs to give
notice of such
allocation.
(3) Official signs may be erected directing specified
traffic
to use a designated lane or designating those lanes to be
used by
traffic moving in a particular direction regardless of
the
center
of the roadway, or restricting the use of a particular lane to
only buses during certain hours or during all hours, and drivers
of vehicles and trackless
trolleys shall obey the directions of
such signs.
(4) Official traffic control devices may be installed
prohibiting the changing of lanes on sections of roadway and
drivers of vehicles shall obey the directions of every such
device.
(B)(1)
Except as otherwise provided in this division (B)(1)
of this section, 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.
(2) If the offender's violation of division (A) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (B)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (B)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (B)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (B)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.41. (A) When two vehicles, including any
trackless
trolley or
streetcar, approach or enter an intersection
from
different streets or
highways
at approximately the same time,
the
driver of the vehicle on the left shall
yield the right-of-way
to
the vehicle on the right.
(B) The right-of-way rule declared in division (A) of this
section is
modified at through highways and otherwise as stated in
Chapter 4511. of the
Revised Code.
(C)(1)
Except as otherwise provided in this division (C)(1)
of this section, 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.
(2) If the offender's violation of division (A) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (C)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (C)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (C)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (C)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.42.
(A) The operator of a vehicle, streetcar, or
trackless trolley
intending to turn to the left within an
intersection or into an alley, private
road, or driveway shall
yield the right of way to any vehicle, streetcar, or
trackless
trolley approaching from the opposite direction, whenever the
approaching vehicle, streetcar, or trackless trolley is within the
intersection
or so close to the intersection, alley, private road,
or driveway as to
constitute an immediate hazard.
(B)(1)
Except as otherwise provided in this division (B)(1)
of this section, 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.
(2) If the offender's violation of division (A) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (B)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (B)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (B)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (B)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.43. (A) Except when directed to proceed by a
law
enforcement officer, every driver of a vehicle or trackless
trolley approaching a stop sign shall stop at a clearly marked
stop line, but if none, before entering the crosswalk on the near
side of the intersection, or, if none, then at the point nearest
the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway before entering
it. After having stopped, the driver shall yield the
right-of-way
to any vehicle in the intersection or approaching on
another
roadway so closely as to constitute an immediate hazard
during the
time the driver is moving across or within the
intersection or
junction of roadways.
(B) The driver of a vehicle or trackless trolley
approaching
a yield sign shall slow down to a speed reasonable
for the
existing conditions and, if required for safety to stop,
shall
stop at a clearly marked stop line, but if none, before
entering
the crosswalk on the near side of the intersection, or,
if none,
then at the point nearest the intersecting roadway where
the
driver has a view of approaching traffic on the intersecting
roadway before entering it. After slowing or stopping, the
driver
shall yield the right-of-way to any vehicle or trackless
trolley
in the intersection or approaching on another roadway so
closely
as to constitute an immediate hazard during the time the
driver is
moving across or within the intersection or junction of
roadways.
Whenever a driver is involved in a collision with a
vehicle or
trackless trolley in the intersection or junction of
roadways,
after driving past a yield sign without stopping, the
collision
shall be prima-facie evidence of the driver's failure
to yield the
right-of-way.
(C)(1)
Except as otherwise provided in this division (C)(1)
of this section, 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.
(2) If the offender's violation of division (A) or (B) of
this section resulted in serious physical harm to another person,
the court, in addition to any penalty the court imposes upon the
offender pursuant to division (C)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (C)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) or (B) of
this section resulted in the death of another person, the court,
in addition to any penalty the court imposes upon the offender
pursuant to division (C)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (C)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.431.
(A) The driver of a vehicle or trackless
trolley
emerging from an
alley, building, private road, or
driveway within a business or residence
district shall stop the
vehicle or trackless trolley immediately prior to
driving onto a
sidewalk or onto the sidewalk area extending across the alley,
building entrance, road, or driveway, or in the event there is no
sidewalk
area, shall stop at the point nearest the street to be
entered where the
driver has a view of approaching traffic
thereon.
(B)(1) Except as otherwise provided in this division (B)(1)
of this section, 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.
(2) If the offender's violation of division (A) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (B)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (B)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (B)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (B)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.44.
(A) The operator of a vehicle, streetcar, or
trackless trolley
about
to enter or cross a highway from any place
other than another roadway shall
yield the right of way to all
traffic approaching on the roadway to be entered
or crossed.
(B)(1) Except as otherwise provided in this division (B)(1)
of this section, 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.
(2) If the offender's violation of division (A) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (B)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (B)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (B)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (B)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.441.
(A) The driver of a vehicle shall yield the
right-of-way to any pedestrian on a sidewalk.
(B)(1) Except as otherwise provided in this division (B)(1)
of this section, 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.
(2) If the offender's violation of division (A) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (B)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (B)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (B)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (B)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.45. (A)(1) Upon the approach of a public safety
vehicle or coroner's vehicle, equipped with at least one flashing,
rotating or
oscillating light visible under normal atmospheric
conditions
from a distance of five hundred feet to the front of
the
vehicle
and the driver is giving an audible signal by siren,
exhaust
whistle, or bell, no driver of any other vehicle shall
fail to
yield the right-of-way, immediately drive
if practical to
a position
parallel
to, and as close as possible to, the right
edge or curb
of the
highway clear of any intersection, and stop
and remain in
that position until the public safety vehicle or
coroner's vehicle
has
passed, except when otherwise directed by a
police officer.
(2) Upon the approach of a public safety vehicle or
coroner's
vehicle,
as stated in division (A)(1) of this section,
no operator
of any
streetcar or trackless trolley shall fail to
immediately
stop the
streetcar or trackless trolley clear of any
intersection
and keep
it in that position until the public safety
vehicle or
coroner's
vehicle has passed,
except when otherwise
directed by a
police officer.
(B) This section does not relieve the driver of a public
safety vehicle or coroner's vehicle from the duty to drive with
due
regard for the safety of all persons and property upon the
highway.
(C) This section applies to a coroner's vehicle only when
the
vehicle is operated in accordance with section 4513.171 of the
Revised Code. As used in this section, "coroner's vehicle"
means
a
vehicle used by a
coroner, deputy coroner, or coroner's
investigator that is equipped with a
flashing, oscillating, or
rotating red or blue light and a siren, exhaust
whistle, or bell
capable of giving an audible signal.
(D)(1)
Except as otherwise provided in this division (D)(1)
of this section, whoever
violates division (A)(1) or (2) of this
section is guilty of a
misdemeanor of the fourth degree on a first
offense. On a second
offense
within one year after the first
offense, the person is
guilty of a misdemeanor
of the third
degree, and, on each
subsequent offense within one year after the
first offense, the
person is guilty of a misdemeanor of the second
degree.
(2)(a) If the offender's violation of division (A)(1) or (2)
of this section resulted in serious physical harm to another
person and the offender, within one year of the offense, has been
convicted of or pleaded guilty to one or fewer violations of
division (A)(1) or (2) of this section, the court, in addition
to
any penalty the court imposes upon the offender pursuant to
division (D)(1) of this section and notwithstanding section
2929.28 of the Revised Code, shall impose a fine of not more than
five hundred dollars. The court also shall impose a class eight
license suspension of the offender's driver's license, commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege from the range
specified in division (A)(8) of section 4510.02 of the Revised
Code. The court also shall assess at least two, and may assess
three or four, points against the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege. The
court shall notify the registrar of motor vehicles of the number
of points assessed in accordance with sections 4510.03 to 4510.036
of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (D)(2)(a) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(b) If the offender's violation of division (A)(1) or (2) of
this section resulted in serious physical harm to another person
and the offender, within one year of the offense, has been
convicted of or pleaded guilty to two or more violations of
division (A)(1) or (2) of this section, the court shall impose a
fine of not more than seven hundred fifty dollars. The court also
shall impose a class eight license suspension of the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(8) of section
4510.02 of the Revised Code. The court also shall assess at least
two, and may assess three or four, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of motor vehicles
of the number of points assessed in accordance with sections
4510.03 to 4510.036 of the Revised Code.
The court shall forward the first thirty-eight dollars of any
fine collected under division (D)(2)(b) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A)(1) or (2) of
this section resulted in the death of another person, the court,
in addition to any penalty the court imposes upon the offender
pursuant to division (D)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (D)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.451.
(A) As used in this section, "funeral
procession" means two or more vehicles accompanying the cremated
remains or the body of a
deceased person in the daytime when each
of the vehicles has its
headlights lighted and is displaying a
purple and white or an orange and white pennant
attached to each
vehicle in such a manner as to be clearly
visible
to traffic
approaching from any direction.
(B) Excepting public safety vehicles proceeding in
accordance
with section 4511.45 of the Revised Code or when
directed
otherwise by a police officer, pedestrians and the
operators of
all vehicles, street cars, and trackless trolleys
shall yield the
right of way to each vehicle that is a part of a
funeral
procession. Whenever the lead vehicle in a funeral
procession
lawfully enters an intersection, the remainder of the
vehicles in
the procession may continue to follow the lead
vehicle through
the
intersection notwithstanding any traffic
control devices or
right
of way provisions of the Revised Code,
provided that the
operator
of each vehicle exercises due care to avoid
colliding
with any
other vehicle or pedestrian.
(C) No person shall operate any vehicle as a part of a
funeral
procession without having the headlights of the vehicle
lighted
and without displaying a purple and white or an orange and
white pennant in such a
manner
as to be clearly visible to traffic
approaching from any
direction.
(D)(1) Except as otherwise provided in this division (D)(1)
of this section, 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.
(2) If the offender's violation of division (B) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (D)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (D)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (B) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (D)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (D)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.46. (A) When traffic control signals are not in
place, not in operation, or are not clearly assigning the
right-of-way, the driver of a vehicle, trackless trolley, or
streetcar shall yield the right of way, slowing down or stopping
if need be to so yield or if required by section 4511.132 of the
Revised Code, to a pedestrian crossing the roadway within a
crosswalk when the pedestrian is upon the half of the roadway
upon
which the vehicle is traveling, or when the pedestrian is
approaching so closely from the opposite half of the roadway as
to
be in danger.
(B) No pedestrian shall suddenly leave a curb or other
place
of safety and walk or run into the path of a vehicle,
trackless
trolley, or streetcar which is so close as to
constitute an
immediate hazard.
(C) Division (A) of this section does not apply under the
conditions stated in division (B) of section 4511.48 of the
Revised Code.
(D) Whenever any vehicle, trackless trolley, or streetcar
is
stopped at a marked crosswalk or at any unmarked crosswalk at
an
intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle, trackless trolley, or streetcar
approaching from the rear shall not overtake and pass the stopped
vehicle.
(E)(1) Except as otherwise provided in this division (E)(1)
of this section, 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.
(2) If the offender's violation of division (A) or (D) of
this section resulted in serious physical harm to another person,
the court, in addition to any penalty the court imposes upon the
offender pursuant to division (E)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (E)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) or (D) of
this section resulted in the death of another person, the court,
in addition to any penalty the court imposes upon the offender
pursuant to division (E)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (E)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4511.47. (A) As used in this section "blind person" or
"blind
pedestrian" means a person having not more than 20/200
visual acuity in the
better eye with correcting lenses or visual
acuity greater than 20/200 but
with
a limitation in the fields of
vision such that the widest diameter of the
visual field subtends
an angle no greater than twenty degrees.
The driver of every vehicle shall yield the right of way to
every blind
pedestrian guided by a guide dog, or carrying a cane
which is predominantly
white or metallic in color, with or without
a red tip.
(B) No person, other than a blind person, while on any
public
highway,
street, alley, or other public thoroughfare shall
carry a
white or metallic
cane with or without a red tip.
(C)(1) Except as otherwise provided in this division (C)(1)
of this section, 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.
(2) If the offender's violation of division (A) of this
section resulted in serious physical harm to another person, the
court, in addition to any penalty the court imposes upon the
offender pursuant to division (C)(1) of this section and
notwithstanding section 2929.28 of the Revised Code, shall impose
a fine of not more than five hundred dollars. The court also shall
impose a class eight license suspension of the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(8) of section 4510.02 of
the Revised Code. The court also shall assess at least two, and
may assess three or four, points against the offender's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege.
The court shall notify the registrar of motor vehicles of the
number of points assessed in accordance with sections 4510.03 to
4510.036 of the Revised Code.
The court shall forward the first twenty-five dollars of any
fine collected under division (C)(2) of this section to the
treasurer of state for deposit into the highway safety education
fund created by section 4501.14 of the Revised Code.
(3) If the offender's violation of division (A) of this
section resulted in the death of another person, the court, in
addition to any penalty the court imposes upon the offender
pursuant to division (C)(1) of this section and notwithstanding
section 2929.28 of the Revised Code, shall impose a fine of not
more than one thousand dollars. The court also shall impose a
class seven license suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the
Revised Code. The court also shall assess at least two, and may
assess three, four, five, or six, points against the offender's
driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege. The court shall notify the registrar of the number of
points assessed in accordance with sections 4510.03 to 4510.036 of
the Revised Code.
The court shall forward the first fifty dollars of any fine
collected under division (C)(3) of this section to the treasurer
of state for deposit into the highway safety education fund
created by section 4501.14 of the Revised Code.
Sec. 4513.39. (A) The state highway patrol and sheriffs
or
their deputies shall exercise, to the exclusion of all other
peace
officers except within municipal corporations and except as
specified in division (B) of this section and division (E) of
section 2935.03 of the Revised Code, the power to make arrests
for
violations on all state highways, of sections 4503.11,
4503.21,
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to
4511.40,
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to
4511.71, 4513.03
to 4513.13, 4513.15 to 4513.22, 4513.24 to
4513.34, 4549.01,
4549.08 to 4549.12, and 4549.62 of the Revised
Code.
(B) A member of the police force of a township police
district created under section 505.48 of the Revised Code, and a
township constable appointed pursuant to section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code, shall exercise the power to make arrests for violations of
those sections listed in division (A) of this section, other than
sections 4513.33 and 4513.34 of the Revised Code, as follows:
(1) If the population of the township that created the
township police district served by the member's police force or
the township that is served by the township constable is
fifty
thousand or less, the member or constable shall exercise that
power on those portions of all state highways, except those
highways included as part of the interstate system, as defined in
section 5516.01 of the Revised Code, that are located within the
township police district, in the case of a member of a township
police district police force, or within the unincorporated
territory of the township, in the case of a township constable;
(2) If the population of the township that created the
township police district served by the member's police force or
the township that is served by the township constable is greater
than fifty thousand, the member or constable shall exercise that
power on those portions of all state highways and highways
included as part of the interstate highway system, as defined in
section 5516.01 of the Revised Code, that are located within the
township police district, in the case of a member of a township
police district police force, or within the unincorporated
territory of the township, in the case of a township constable.
(C)(1) When investigating a motor vehicle accident that
involves
an offender's motor vehicle and another motor vehicle, a
bicycle,
or a pedestrian in which an injured person who is not
the offender
is transported to a medical facility for emergency
medical
treatment, if the state highway patrol trooper, sheriff,
sheriff's deputy, or other peace officer investigating the
accident has reason to believe that serious physical harm to, or
the death of, that person has occurred as a result of a violation
of any of the provisions of sections 4511.01 to 4511.76 of the
Revised Code, the state highway patrol trooper, sheriff, sheriff's
deputy, or other peace officer may issue to the offender a ticket,
citation, or summons of the type described in division (C)(3) of
this section for the violation that charges that the offender
committed the violation and that the violation resulted in serious
physical harm to, or the death of, another person, whichever is
applicable.
(2) If an injured person is transported to a medical facility
as described in division (C)(1) of this section and
the medical
facility informs the
investigating trooper, sheriff, sheriff's
deputy, or other peace
officer that the offender caused serious
physical harm to, or the death of, the injured person, if the
offender has not been issued a ticket, citation, or summons for
the violation under division (C)(1) of this section,
and if the
offender is not subject to indictment for any other
violation
arising from the motor vehicle accident, the investigating
trooper, sheriff, sheriff's deputy, or other peace officer may
issue to the offender a ticket, citation, or summons of the type
described in division (C)(3) of this section for the violation of
a provision of sections 4511.01 to 4511.76 of the Revised Code
that charges that the offender committed the violation and that
the violation resulted in serious physical harm to, or the death
of, another person, whichever is applicable.
(3) A
ticket, citation, or summons issued as described in
division (C)(1) or (2) of this section shall indicate that the
offender is not permitted to enter a written plea of guilty and
waive the offender's right to contest the ticket, citation, or
summons in a trial but instead must appear in person in the proper
court to answer the charge.
Section 2. That existing sections 4510.02, 4510.036, 4511.21,
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 of the Revised
Code are hereby repealed.
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