To amend section 4511.45 and to enact section 4511.454 of the Revised Code to allow emergency personnel in public safety vehicles to report traffic law violations under certain circumstances.

Section 1. That section 4511.45 be amended and section 4511.454 of the Revised Code be enacted to read as follows:

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) Except as otherwise provided in this division or in section 4511.454 of the Revised Code, 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.

Sec. 4511.454.  (A) When the failure of a motor vehicle operator to yield the right-of-way to a public safety vehicle as required by division (A) of section 4511.45 of the Revised Code impedes the ability of the public safety vehicle to respond to an emergency, any emergency personnel in the public safety vehicle may report the license plate number and a general description of the vehicle and of the operator of the vehicle to the law enforcement agency exercising jurisdiction over the area where the alleged violation occurred. Any such emergency personnel also may report any other apparent violation of the traffic laws of this state occurring at the same time.

(B)(1) Upon receipt of a report under this section, the law enforcement agency may conduct an investigation to attempt to determine or confirm the identity of the operator of the vehicle at the time of the alleged violation.

(2) If the identity of the operator at the time of an alleged violation of division (A) of section 4511.45 of the Revised Code is established, the reporting of the license plate number of the vehicle shall establish probable cause for the law enforcement agency to issue a citation for a violation of that section. However, if the operator has not previously been issued a written warning for a violation of division (A) of section 4511.45 of the Revised Code based on a report filed under this section, the law enforcement agency shall issue a written warning to the operator. Upon issuing a written warning under this division, the law enforcement agency shall notify the registrar of motor vehicles that a written warning has been issued under this division. The registrar shall retain a record of the issuance of a written warning.

(3) In the case of other reported apparent traffic law violations or if the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency may issue a written warning to the person who owned the vehicle at the time of the alleged violation, except in the case of a leased or rented vehicle, any written warning shall be issued to the person who leased or rented the vehicle at the time of the alleged violation.

(C) Whoever violates division (A) of section 4511.45 of the Revised Code based on a report filed under this section is guilty of a minor misdemeanor and shall be fined one hundred fifty dollars if both of the following apply:

(1) The person's identity was established by the law enforcement agency;

(2) The person previously has been issued a written warning under division (B)(2) of this section.

(D) As used in this section:

(1) "License plate" includes any temporary license placard issued under section 4503.182 of the Revised Code or similar law of another jurisdiction.

(2) "Public safety vehicle" does not include a vehicle used by a public law enforcement officer or other person sworn to enforce the criminal and traffic laws of the state or a vehicle used by the motor carrier enforcement unit for the enforcement of orders and rules of the public utilities commission.

Section 2. That existing section 4511.45 of the Revised Code is hereby repealed.