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H. B. No. 68 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Adams, J., Becker, Brenner, Buchy, Gonzales, Hood, Johnson, Mallory, McGregor, Pillich, Ramos, Retherford, Stebelton, Thompson
A BILL
To amend section 4511.21 of the Revised Code to
increase the speed limit on interstate freeways
outside urbanized areas from 65 to 70 miles per
hour for all vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.21 of the Revised Code be
amended to read as follows:
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), and (15) 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), and (15) 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), and (15) 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 divisions (B)(14) and (15) 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,
except as provided in division (B)(15) of this section:
(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,
except as provided in division (B)(15) of this section.
(15) Seventy miles per hour for operators of any motor
vehicle at all times on all portions of freeways that are part of
the interstate system and are outside urbanized areas, as
designated in accordance with 23 U.S.C. 101.
(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), and
(15) 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.
(7) At a speed exceeding seventy miles per hour upon a
freeway as provided in division (B)(15) 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.
Section 2. That existing section 4511.21 of the Revised Code
is hereby repealed.
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