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S. B. No. 346 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Manning, Hite, Widener
A BILL
To amend section 4511.46 of the Revised Code to
increase the penalties for failing to yield the
right-of-way to a pedestrian who is crossing a
roadway within a crosswalk when the crosswalk is
located within a school zone.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.46 of the Revised Code be
amended to read as follows:
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
(1) No driver of a vehicle, trackless trolley, or streetcar
shall fail to yield the right-of-way to a pedestrian, by slowing
down or stopping if need be to so yield or if required by section
4511.132 of the Revised Code, if both of the following apply:
(a) Traffic control signals are not in place, not in
operation, or not clearly assigning the right-of-way.
(b) The pedestrian is crossing the roadway within a crosswalk
when the pedestrian is on the half of the roadway on which the
vehicle is traveling, or when the pedestrian is approaching so
closely from the opposite half of the roadway so as to be in
danger.
(2) No driver of a vehicle, trackless trolley, or streetcar
shall fail to comply with division (A)(1) of this section if the
crosswalk is located within a school zone.
(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 no
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 division (A)(1), (B), or (D) of
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) Whoever violates division (A)(2) of this section is
guilty of a misdemeanor of the third degree. In addition, if, at
the time of the offense, the offender was driving under a
suspension imposed under any provision of the Revised Code, the
court, in addition to any other sanctions it imposes, shall impose
on the offender a class seven suspension of six months of the
offender's driver's license, commercial driver's license,
temporary instruction permit, probationary license, or nonresident
operating privilege.
Section 2. That existing section 4511.46 of the Revised Code
is hereby repealed.
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