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S. B. No. 92 As Introduced
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
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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 4501.20
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 4501.20 of the Revised Code be enacted to read as follows:
Sec. 4501.20. 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 or established 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 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 divisions (B)(13) and (14) 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 divisions (B)(13) and (14) of this section;
(10) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided in
divisions (B)(13) and (14) 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, except as
provided in division (B)(14) of this section;
(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.
(14) Sixty-five miles per hour at all times on all portions
of freeways that are part of the interstate system and that had
such a speed limit on the effective date of this amendment July 1,
2009, for operators of any motor vehicle weighing in excess of
eight thousand pounds empty weight and any noncommercial bus.
(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 or established
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 divisions (B)(13) and (14) of this
section;
(2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in divisions (B)(13) and (14) 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 or established 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 or established
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
or established 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 or established
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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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 4501.20 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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