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Am. H. B. No. 316 As Reported by the House Transportation, Public Safety and Homeland Security CommitteeAs Reported by the House Transportation, Public Safety and Homeland Security Committee
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Rosenberger, Landis
Cosponsors:
Representatives Brenner, Bubp, Butler, Gerberry, Gonzales, Johnson, Letson, Ruhl
A BILL
To amend section 4511.53 of the Revised Code to
prohibit motorcycle handlebars from being higher
than the shoulders of the operator when the
operator is seated in the operator's seat or
saddle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.53 of the Revised Code be
amended to read as follows:
Sec. 4511.53. (A) For purposes of this section, "snowmobile"
has the same meaning as given that term in section 4519.01 of the
Revised Code.
(B) No person operating a bicycle shall ride other than upon
or astride the permanent and regular seat attached thereto or
carry any other person upon such bicycle other than upon a firmly
attached and regular seat thereon, and no person shall ride upon a
bicycle other than upon such a firmly attached and regular seat.
No person operating a motorcycle shall ride other than upon
or astride the permanent and regular seat or saddle attached
thereto, or carry any other person upon such motorcycle other than
upon a firmly attached and regular seat or saddle thereon, and no
person shall ride upon a motorcycle other than upon such a firmly
attached and regular seat or saddle.
No person shall ride upon a motorcycle that is equipped with
a saddle other than while sitting astride the saddle, facing
forward, with one leg on each side of the motorcycle.
No person shall ride upon a motorcycle that is equipped with
a seat other than while sitting upon the seat.
No person operating a bicycle shall carry any package,
bundle, or article that prevents the driver from keeping at least
one hand upon the handle bars handlebars.
No bicycle or motorcycle shall be used to carry more persons
at one time than the number for which it is designed and equipped,
nor shall any. No motorcycle shall be operated on a highway when
the handle bars or grips are more than fifteen inches handlebars
rise higher than the shoulders of the operator when the operator
is seated in the operator's seat or saddle for the operator.
No person shall operate or be a passenger on a snowmobile or
motorcycle without using safety glasses or other protective eye
device. No person who is under the age of eighteen years, or who
holds a motorcycle operator's endorsement or license bearing a
"novice" designation that is currently in effect as provided in
section 4507.13 of the Revised Code, shall operate a motorcycle on
a highway, or be a passenger on a motorcycle, unless wearing a
protective helmet on the person's head, and no other person shall
be a passenger on a motorcycle operated by such a person unless
similarly wearing a protective helmet. The helmet, safety glasses,
or other protective eye device shall conform with rules adopted by
the director of public safety. The provisions of this paragraph or
a violation thereof shall not be used in the trial of any civil
action.
(C)(1) No person shall operate a motorcycle with a valid
temporary instruction permit and temporary instruction permit
identification card issued by the registrar of motor vehicles
pursuant to section 4507.05 of the Revised Code unless the person,
at the time of such operation, is wearing on the person's head a
protective helmet that conforms with rules adopted by the
director.
(2) No person shall operate a motorcycle with a valid
temporary instruction permit and temporary instruction permit
identification card issued by the registrar pursuant to section
4507.05 of the Revised Code in any of the following circumstances:
(a) At any time when lighted lights are required by division
(A)(1) of section 4513.03 of the Revised Code;
(b) While carrying a passenger;
(c) On any limited access highway.
(D) Nothing in this section shall be construed as prohibiting
the carrying of a child in a seat or trailer that is designed for
carrying children and is firmly attached to the bicycle.
(E) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If, within
one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more
predicate motor vehicle or traffic offenses, whoever violates this
section is guilty of a misdemeanor of the third degree.
Section 2. That existing section 4511.53 of the Revised Code
is hereby repealed.
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