HB 82 — Regards traffic offenses in construction zones

82 Page 4 As IntroducedReported motorby vehiclethe House Public Safety Committee certifying an applicant's enrollment in an approved online 78 driver education course and a constructionseparate zone.certificate to be issued 79 upon successful completion of an approved online driver 80 education course.

79 (D) The rules shall state the minimum hours for classroom 80 and behind-the-wheel instruction required for beginning drivers 81 of commercial trucks, commercial cars, buses, and commercial 82 tractors, trailers, and semitrailers.

83 (E)(1) The department of public safety may charge a fee to 84 each online driver training enterprise in an amount sufficient 85 to pay the actual expenses the department incurs in the 86 regulation of online driver education courses.

87 (2) The department shall supply to each licensed online 88 driver training enterprise certificates to be used for 89 certifying an applicant's enrollment in an approved online 90 driver education course and a separate certificate to be issued 91 upon successful completion of an approved online driver 92 education course.

9381 The department may charge a fee to each online driver training 9482 enterprise per certificate supplied to pay the actual expenses 9583 the department incurs in supplying the certificates.

9684 (F) The director shall adopt rules in accordance with 9785 Chapter 119.

of the Revised Code governing an abbreviated driver 9886 training course for adults.

9987 Sec.

4511.03.

(A) The driver of any emergency vehicle or 100 public safety vehicle, when responding to an emergency call, 101 upon approaching a red or stop signal or any stop sign shall 102 slow down as necessary for safety to traffic, but may proceed 103 cautiously past such red or stop sign or signal with due regard 104 for the safety of all persons using the street or highway.

105 (B) Except as otherwise provided in this division, whoever 106 violates this section is guilty of a minor misdemeanor.

If, 107 H.

B.

No.

82 Page 5 As Introduced within one year of the offense, the offender previously has been 108 convicted of or pleaded guilty to one predicate motor vehicle or 109 traffic offense, whoever violates this section is guilty of a 110 misdemeanor of the fourth degree.

If, within one year of the 111 offense, the offender previously has been convicted of two or 112 more predicate motor vehicle or traffic offenses, whoever 113 violates this section is guilty of a misdemeanor of the third 114 degree.

115 If the offender commits the offense while distracted and 116 the distracting activity is a contributing factor to the 117 commission of the offense, the offender is subject to the 118 additional fine established under section 4511.991 of the 119 Revised Code.

120 If the offender commits the offense while operating a 121 motor vehicle in a construction zone and division (C) of section 122 4511.993 of the Revised Code applies, the offender is subject to 123 the additional penalties established under that section.

124 Sec.

4511.12.

(A) No pedestrian, driver of a vehicle, or 125 operator of a streetcar or trackless trolley shall disobey the 126 instructions of any traffic control device placed in accordance 127 with this chapter, unless at the time otherwise directed by a 128 police officer.

129 No provision of this chapter for which signs are required 130 shall be enforced against an alleged violator if at the time and 131 place of the alleged violation an official sign is not in proper 132 position and sufficiently legible to be seen by an ordinarily 133 observant person.

Whenever a particular section of this chapter 134 does not state that signs are required, that section shall be 135 effective even though no signs are erected or in place.

136 H.

B.

No.

82 Page 6 As Introduced (B) Except as otherwise provided in this division, whoever 137 violates this section is guilty of a minor misdemeanor.

If, 138 within one year of the offense, the offender previously has been 139 convicted of or pleaded guilty to one predicate motor vehicle or 140 traffic offense, whoever violates this section is guilty of a 141 misdemeanor of the fourth degree.

If, within one year of the 142 offense, the offender previously has been convicted of two or 143 more predicate motor vehicle or traffic offenses, whoever 144 violates this section is guilty of a misdemeanor of the third 145 degree.

146 If the offender commits the offense while distracted and 147 the distracting activity is a contributing factor to the 148 commission of the offense, the offender is subject to the 149 additional fine established under section 4511.991 of the 150 Revised Code.

151 If the offender commits the offense while operating a 152 motor vehicle in a construction zone and division (C) of section 153 4511.993 of the Revised Code applies, the offender is subject to 154 the additional penalties established under that section.

155 Sec.

4511.132.

(A) The driver of a vehicle, streetcar, or 156 trackless trolley who approaches an intersection where traffic 157 is controlled by traffic control signals shall do all of the 158 following if the signal facing the driver exhibits no colored 159 lights or colored lighted arrows, exhibits a combination of such 160 lights or arrows that fails to clearly indicate the assignment 161 of right-of-way, or, if the vehicle is a bicycle or an electric 162 bicycle, the signals are otherwise malfunctioning due to the 163 failure of a vehicle detector to detect the presence of the 164 bicycle or electric bicycle:

165 (1) Stop at a clearly marked stop line, but if none, stop 166 H.

B.

No.

82 Page 7 As Introduced before entering the crosswalk on the near side of the 167 intersection, or, if none, stop before entering the 168 intersection;

169 (2) Yield the right-of-way to all vehicles, streetcars, or 170 trackless trolleys in the intersection or approaching on an 171 intersecting road, if the vehicles, streetcars, or trackless 172 trolleys will constitute an immediate hazard during the time the 173 driver is moving across or within the intersection or junction 174 of roadways;

175 (3) Exercise ordinary care while proceeding through the 176 intersection.

177 (B) Except as otherwise provided in this division, whoever 178 violates this section is guilty of a minor misdemeanor.

If, 179 within one year of the offense, the offender previously has been 180 convicted of or pleaded guilty to one predicate motor vehicle or 181 traffic offense, whoever violates this section is guilty of a 182 misdemeanor of the fourth degree.

If, within one year of the 183 offense, the offender previously has been convicted of two or 184 more predicate motor vehicle or traffic offenses, whoever 185 violates this section is guilty of a misdemeanor of the third 186 degree.

187 If the offender commits the offense while distracted and 188 the distracting activity is a contributing factor to the 189 commission of the offense, the offender is subject to the 190 additional fine established under section 4511.991 of the 191 Revised Code.

192 If the offender commits the offense while operating a 193 motor vehicle in a construction zone and division (C) of section 194 4511.993 of the Revised Code applies, the offender is subject to 195 H.

B.

No.

82 Page 8 As Introduced the additional penalties established under that section.

196 Sec.

4511.17.

(A) No person, without lawful authority, 197 shall do any of the following:

198 (1) Knowingly move, deface, damage, destroy, or otherwise 199 improperly tamper with any traffic control device, any railroad 200 sign or signal, or any inscription, shield, or insignia on the 201 device, sign, or signal, or any part of the device, sign, or 202 signal;

203 (2) Knowingly drive upon or over any freshly applied 204 pavement marking material on the surface of a roadway while the 205 marking materiel is in an undried condition and is marked by 206 flags, markers, signs, or other devices intended to protect it;

207 (3) Knowingly move, damage, destroy, or otherwise 208 improperly tamper with a manhole cover.

209 (B)(1) Except as otherwise provided in this division, 210 whoever violates division (A)(1) or (3) of this section is 211 guilty of a misdemeanor of the third degree.

If a violation of 212 division (A)(1) or (3) of this section creates a risk of 213 physical harm to any person, the offender is guilty of a 214 misdemeanor of the first degree.

If a violation of division (A) 215 (1) or (3) of this section causes serious physical harm to 216 property that is owned, leased, or controlled by a state or 217 local authority, the offender is guilty of a felony of the fifth 218 degree.

219 (2) Except as otherwise provided in this division, whoever 220 violates division (A)(2) of this section is guilty of a minor 221 misdemeanor.

If, within one year of the offense, the offender 222 previously has been convicted of or pleaded guilty to one 223 predicate motor vehicle or traffic offense, whoever violates 224 H.

B.

No.

82 Page 9 As Introduced division (A)(2) of this section is guilty of a misdemeanor of 225 the fourth degree.

If, within one year of the offense, the 226 offender previously has been convicted of two or more predicate 227 motor vehicle or traffic offenses, whoever violates division (A) 228 (2) of this section is guilty of a misdemeanor of the third 229 degree.

230 (C) If the offender commits the offense while distracted 231 and the distracting activity is a contributing factor to the 232 commission of the offense, the offender is subject to the 233 additional fine established under section 4511.991 of the 234 Revised Code.

235 Sec.

(A) No person shall operate a vehicle, 23688 trackless trolley, or streetcar on any street or highway in 23789 willful or wanton disregard of the safety of persons or 23890 property.

23991 (B)(B)(B)(1) Except as otherwise provided in this division, whoever92 240whoever violates this section is guilty of a minor misdemeanor.

93 If, 241 within one year of the offense, the offender previously has 94 been 242 convicted of or pleaded guilty to one predicate motor 95 vehicle or 243 traffic offense, whoever violates this section is 96 guilty of a 244 misdemeanor of the fourth degree.

If, within one 97 year of the 245 offense, the offender previously has been convicted 98 of two or 246 more predicate motor vehicle or traffic offenses, 99 whoever 247 violates this section is guilty of a misdemeanor of the third100 248third degree.

Whoever101 violates(2)(a) Notwithstanding division (B)(1) of this sectionsection, withinif 102 the offender operated the vehicle, trackless trolley, or 103 streetcar while in a construction 249zone zone,where asa definedsign was then 104 posted in accordance with section 4511.9934511.98 of the Revised Code, is105 250the guiltycourt, ofin aaddition misdemeanorto ofall other penalties provided by law, 106 shall impose upon the firstoffender degree.an additional fine of not more 107 Sub.

251H. Sec.

4511.202.

(A) No person shall operate a motor 252 vehicle, trackless trolley, streetcar, agricultural tractor, or 253 agricultural tractor that is towing, pulling, or otherwise 254 H.

82 Page 105 As IntroducedReported drawingby athe unitHouse ofPublic farmSafety machineryCommittee onthan anyone street,hundred highway,dollars or 255 property open to the public for vehicular traffic without being 256 in reasonable control of the vehicle,violation. trolley, streetcar, 257 agricultural tractor, or unit of farm machinery.

258108 (B)(b) WhoeverIn violateslieu thisof sectionpayment isof guiltythe additional fine imposed 109 under division (B)(2)(a) of operatingthis asection, 259the motoroffender vehicleinstead or110 agriculturalmay tractorelect withoutto beingattend ina controldriving 260safety course, the duration and 111 contents of it,which ashall minorbe misdemeanor.established by the director of public 112 safety.

261 (C) If the offender commitsattends the offense while distracted 262 and thesuccessfully distractingcompletes activity is a contributing factor to the 263113 commissioncourse, of the offense, the offender isshall subjectbe toissued thewritten 264evidence additionalthat finethe established114 underoffender sectionsuccessfully 4511.991completed of the 265course. Revised Code.

266The (D)offender Ifshall 115 be required to pay the offendertotal commitsamount of the offensefine whileestablished operatingfor a116 267the motorviolation vehiclebut inshall anot constructionbe zonerequired andto divisionpay (C)the additional 117 fine of sectionnot 268more 4511.993than ofone thehundred Reviseddollars, Codeso applies,long as the 118 offender issubmits subject to 269the court both the additionaloffender's penaltiespayment establishedin under119 full and such written evidence within ninety days of the 120 underlying violation that resulted in the imposition of the 121 additional fine under this section.

270122 Sec.

4511.204.4511.21.

(A) No person shall operate a motor 271 vehicle, 123 trackless trolley, or streetcar onat anya street,speed highway,greater 272or less than 124 is reasonable or propertyproper, openhaving due regard to the publictraffic, for125 vehicularsurface, trafficand whilewidth 273of using,the holding,street or physicallyhighway supportingand withany other 126 conditions, and no person shall drive any partmotor ofvehicle, 127 trackless trolley, or streetcar in and upon any street or 128 highway at a greater speed than will permit the 274person person'sto bodybring an129 electronicit wirelessto communicationsa device.stop within the assured clear distance ahead.

275130 (B) DivisionIt (A)is prima-facie lawful, in the absence of a lower 131 limit declared or established pursuant to this section doesby notthe apply132 todirector anyof transportation or local authorities, for the 133 operator of 276a motor vehicle, trackless trolley, or streetcar to 134 operate the same at a speed not exceeding the following:

277135 (1)(1)(a) ATwenty personmiles usingper anhour electronicin wirelessschool communicationszones 278during deviceschool to136 makerecess contact,and forwhile emergencychildren purposes,are withgoing ato law 279 enforcement agency, hospital or healthleaving careschool provider,during fire137 280Sub. department, or other similar emergency agency or entity;

281 (2) A person driving a public safety vehicle while using 282 an electronic wireless communications device in the course of 283 H.

82 Page 116 As IntroducedReported by the person'sHouse duties;Public Safety Committee the opening or closing hours, and when twenty miles per hour 138 school speed limit signs are erected;

284except (3)that, Aon person139 usingcontrolled-access anhighways electronicand wirelessexpressways, communicationsif 285the deviceright-of-way when140 theline person'sfence motorhas vehiclebeen iserected inwithout apedestrian stationaryopening, 286the position141 andspeed isshall outsidebe agoverned laneby division (B)(4) of travel,this atsection aand traffic142 controlon 287freeways, signalif thatthe isright-of-way currentlyline directingfence traffichas tobeen stop,erected or143 parkedwithout onpedestrian 288opening, athe roadspeed orshall highwaybe duegoverned toby an144 emergencydivisions or(B)(10) roadand closure;(11) of this section.

289The (4)end Aof personevery using145 andschool holdingzone anmay electronicbe wirelessmarked 290by communicationsa devicesign directlyindicating near the person'send ear for the 291 purpose of making, receiving, or conducting a telephone call, 292 provided that the person146 doeszone. not manually enter letters, 293 numbers, or symbols into the device;

294Nothing (5)in Athis personsection receivingor wirelessin messagesthe onmanual anand electronic147 295specifications wirelessfor communicationsa deviceuniform regardingsystem theof operationtraffic control devices 148 shall be construed to require school zones to be indicated by 149 signs equipped with flashing or 296other navigationlights, or giving other 150 special notice of athe motorhours vehicle;in which the school zone speed limit 151 is in effect.

safety-related152 information,(b) 297As includingused emergency,in traffic,this orsection weatherand alerts;in section 4511.212 of the 153 Revised Code, "school" means all of the following:

or154 data(i) usedAny 298school primarilychartered byunder thesection motor3301.16 vehicle, provided that the person does 299 not hold or support the device with any part of the person's155 300Revised body;Code;

301156 (6)(ii) AAny personnonchartered usingschool that during the speakerpreceding phone157 functionyear filed with the department of education and workforce in 158 compliance with rule 3301-35-08 of the 302Ohio electronicAdministrative wirelessCode, communications159 device,a providedcopy thatof the 303school's personreport doesfor notthe holdparents orof supportthe school's 160 pupils certifying that the deviceschool withmeets anyOhio partminimum standards 161 for nonchartered, nontax-supported schools and presents evidence 162 of this filing to the 304jurisdiction person'sfrom body;which it is requesting 163 the establishment of a school zone;

305164 (7)(iii) AAny personspecial usingelementary anschool electronicthat wirelessin communicationswriting 306165 devicerequests forthe navigationcounty purposes,engineer providedof thatthe county in which the personspecial does166 307elementary notschool dois eitherlocated ofto thecreate followinga duringschool zone at the use:167 Sub.

308H. (a) Manually enter letters, numbers, or symbols into the 309 device;

310 (b) Hold or support the device with any part of the 311 person's body.

312 H.

82 Page 127 As IntroducedReported (8)by Athe personHouse usingPublic aSafety featureCommittee orlocation function of the electronic 313 wireless communications device with a single touch or single 314 swipe, provided that theschool. person does not do either of the 315 following during the use:

316Upon (a)receipt Manuallyof entersuch letters,a numbers,written orrequest, symbols168 intothe county engineer shall create a school zone at that location 169 by erecting the 317appropriate device;signs.

318170 (b)(iv) HoldAny preschool education program operated by an 171 educational service center that is located on a street or support172 highway with a speed limit of forty-five miles per hour or more, 173 when the deviceeducational withservice anycenter partin writing requests that 174 either the director of transportation or the 319county person'sengineer body.of 175 the county in which the program is located, as applicable based 176 on who has jurisdiction of the street or highway, to create a 177 school zone at the location of that program.

320Upon (9)receipt Aof person178 operatingsuch a commercialwritten truckrequest, whilethe usingdirector aor 321the mobilecounty dataengineer terminal179 shall create a school zone at that transmitslocation andby receiveserecting data;the 180 appropriate signs.

322181 (10)(c) AAs personused operatingin athis utilitysection, service"school vehiclezone" ormeans athat 323182 vehicleportion forof ora onstreet behalfor ofhighway passing a utility,school iffronting theupon person183 isthe actingstreet 324or inhighway responsethat tois anencompassed emergency,by powerprojecting outage,the or184 circumstanceschool thatproperty 325lines affectsto the healthfronting street or safetyhighway, and 185 also includes that portion of individuals;a state highway.

326Upon (11)request Afrom person186 usinglocal anauthorities electronicfor wirelessstreets communicationsand 327highways deviceunder intheir conjunction187 withjurisdiction aand voice-operatedthat orportion hands-freeof 328a featurestate orhighway functionunder of the vehicle188 orjurisdiction of the devicedirector withoutof thetransportation 329or usea ofrequest eitherfrom hand189 excepta tocounty activate,engineer deactivate,in orthe initiatecase 330of thea featureschool orzone functionfor with a singlespecial touch190 orelementary swipe,school, provided 331 the persondirector doesmay notextend hold or support the devicetraditional with191 anyschool partzone ofboundaries. 332 the person's body;

333The (12)distances Ain persondivisions using(B)(1)(c)(i), technology192 that(ii), physicallyand or(iii) 334of electronicallythis integratessection theshall devicenot intoexceed thethree motorhundred vehicle,193 335feet providedper thatapproach theper persondirection doesand notare dobounded eitherby whichever of 194 the following 336distances duringor combinations thereof the use:director 195 approves as most appropriate:

337196 (a)(i) ManuallyThe enterdistance letters,encompassed numbers,by orprojecting symbols into the 338school device;197 Sub.

339 (b) Hold or support the device with any part of the 340 H.

82 Page 138 As IntroducedReported person'sby body.the House Public Safety Committee building lines normal to the fronting highway and extending a 198 distance of three hundred feet on each approach direction;

341199 (13)(ii) AThe persondistance storingencompassed anby electronicprojecting wirelessthe 342school communications200 deviceproperty inlines aintersecting holster,the harness,fronting orhighway articleand extending a 201 distance of 343three clothinghundred feet on theeach person'sapproach body.direction;

344202 (C)(1)(iii) OnThe Januarydistance 31encompassed ofby each year, the departmentspecial marking of 345203 publicthe safetypavement shallfor issue a reportprincipal toschool thepupil generalcrosswalk assemblyplus thata 346204 specifiesdistance the number of citationsthree issuedhundred forfeet violationson ofeach thisapproach 347direction sectionof during the previous205 calendarhighway. year.

348206 (2)Nothing Ifin athis lawsection enforcementshall officerbe issuesconstrued anto offenderinvalidate a207 349the ticket,director's citation,initial oraction summonson forAugust a9, violation1976, ofestablishing division208 (A)all ofschool 350zones thisat section, the officertraditional shallschool dozone bothboundaries 209 defined by projecting school property lines, except when those 210 boundaries are extended as provided in divisions (B)(1)(a) and 211 (c) of thethis following:section.

351212 (a)(d) ReportAs theused issuancein ofthis division, "crosswalk" has the ticket,meaning citation,213 orgiven 352that summonsterm toin thedivision officer's(LL)(2) lawof enforcementsection agency;4511.01 of the 214 Revised Code.

353215 (b)The Ensuredirector thatmay, suchupon reportrequest indicatesby resolution of the offender's216 race.legislative authority of a municipal corporation, the board of 217 trustees of a township, or a county board of developmental 218 disabilities created pursuant to Chapter 5126.

354of (D)the WhoeverRevised violates219 divisionCode, (A)and ofupon thissubmission sectionby isthe 355municipal guiltycorporation, 220 township, or county board of operatingsuch engineering, traffic, and 221 other information as the director considers necessary, designate 222 a motorschool vehiclezone whileon usingany anportion electronicof 356a wirelessstate communicationroute device,lying anwithin unclassifiedthe misdemeanor,223 andmunicipal 357corporation, shalllying bewithin punishedthe asunincorporated providedterritory in224 divisionsof (D)(1)the township, or lying adjacent to (5)the (6)property of 358a thisschool section.225 that is operated by such county board, that includes a crosswalk 226 Sub.

359H. (1) The offender shall be fined, and is subject to a 360 suspension of the offender's driver's license, commercial 361 driver's license, temporary instruction permit, probationary 362 license, or nonresident operating privilege, as follows:

363 (a) Except as provided in divisions (D)(1)(b), (c), (d), 364 and (2) of this section, the court shall impose upon the 365 offender a fine of not more than one hundred fifty dollars.

366 (b) If, within two years of the violation, the offender 367 has been convicted of or pleaded guilty to one prior violation 368 H.

82 Page 149 As IntroducedReported ofby thisthe sectionHouse Public Safety Committee customarily used by children going to or leaving a substantiallyschool equivalentduring municipal227 369recess ordinance,and theopening courtand shallclosing imposehours, uponwhenever the offenderdistance, as 228 measured in a finestraight line, from the school property line 229 nearest the crosswalk to the nearest point of 370the notcrosswalk is 230 no more than twoone thousand three hundred fiftytwenty dollars.feet.

371Such (c)a If,231 withinschool twozone yearsshall ofinclude the violation,distance theencompassed offenderby 372the has232 beencrosswalk convictedand ofextending orthree pleadedhundred guiltyfeet toon twoeach orapproach more233 priordirection 373 violations of this section or a substantially equivalent 374 municipal ordinance, the courtstate shallroute. impose upon the offender a 375 fine of not more than five hundred dollars.

The234 court(e) alsoAs mayused 376in imposethis asection, suspension"special ofelementary theschool" offender's235 driver'smeans license,a 377school commercialthat driver'smeets license,all temporaryof instructionthe permit,following 378criteria: probationary license, or nonresident operating privilege for 379 ninety days.

380236 (d)(i) NotwithstandingIt divisionsis (D)(1)(a)not tochartered (c)and ofdoes thisnot 381receive section,tax ifrevenue the237 offenderfrom wasany operatingsource. the motor vehicle at the 382 time of the violation in a construction zone where a sign was 383 posted in accordance with section 4511.98 of the Revised Code, 384 the court, in addition to all other penalties provided by law, 385 shall impose upon the offender a fine of two times the amount 386 imposed for the violation under division (D)(1)(a), (b), or (c) 387 of this section, as applicable.

388238 (2)(ii) IfIt thedoes offendernot iseducate inchildren thebeyond category of offenders to 389 whom division (D)(1)(a) of this section applies, in lieu of 390 payment of the fineeighth ofgrade. one hundred fifty dollars under division 391 (D)(1)(a) of this section and the assessment of points under 392 division (D)(4) of this section, the offender instead may elect 393 to attend the distracted driving safety course, as described in 394 section 4511.991 of the Revised Code.

If239 the(iii) offenderIt attendsis 395located andoutside successfully completes the course,limits theof offendera shallmunicipal be240 396corporation. issued written evidence that the offender successfully completed 397 the course.

The241 offender(iv) shallA notmajority beof requiredthe tototal paynumber of students enrolled 242 at the fineschool 398are H.not related by blood.

243 (v) The principal or other person in charge of the special 244 elementary school annually sends a report to the superintendent 245 of the school district in which the special elementary school is 246 located indicating the total number of students enrolled at the 247 school, but otherwise the principal or other person in charge 248 does not report any other information or data to the 249 superintendent.

250 (2) Twenty-five miles per hour in all other portions of a 251 municipal corporation, except on state routes outside business 252 districts, through highways outside business districts, and 253 alleys;

254 Sub.

H.

82 Page 1510 As IntroducedReported andby shallthe notHouse havePublic theSafety pointsCommittee assessed(3) againstThirty-five thatmiles offender'sper 399hour driver'son licenseall ifstate theroutes offenderor submits255 thethrough writtenhighways evidencewithin tomunicipal 400corporations theoutside courtbusiness within256 90districts, daysexcept ofas theprovided violationin ofdivisions division(B)(4) (A)and (6) of 401257 this section.section;

However,258 successful(4) completionFifty ofmiles theper coursehour doeson 402controlled-access nothighways resultand in259 aexpressways dismissalwithin ofmunicipal thecorporations, chargesexcept foras theprovided violation,in and260 403divisions the(B)(12), violation(13), is(14), a(15), prior offense under divisions (D)(1)(b) and 404(16) (c) of this sectionsection; if the offender commits a subsequent 405 violation or violations of division (A) of this section within 406 two years of the offense for which the course was completed.

407261 This(5) Fifty-five miles per hour on highways outside 262 municipal corporations, other than highways within island 263 jurisdictions as provided in division does(B)(8) notof applythis withsection, respect264 tohighways anyas offenderprovided in thedivisions 408(B)(9) categoryand (10) of offendersthis to265 whomsection, divisionand (D)(1)(b),highways, (c),expressways, orand (d)freeways ,as 409provided orin (5)266 divisions (B)(12), (13), (14), and (16) of this sectionsection; applies.

410267 (3)(6) TheFifty courtmiles mayper imposehour anyon otherstate penaltyroutes authorizedwithin 411municipal under268 sectionscorporations 2929.21outside tourban 2929.28districts ofunless thea Revisedlower Code.prima-facie 269 speed is established as further provided in this section;

However,270 412(7) theFifteen courtmiles shallper nothour imposeon aall finealleys orwithin athe suspension271 notmunicipal otherwisecorporation; 413 specified in division (D)(1) of this section.

The272 court(8) alsoThirty-five 414miles shallper nothour imposeon ahighways jailoutside term273 ormunicipal communitycorporations residentialthat sanction.are within an island jurisdiction;

415274 (4)(9) ExceptThirty-five asmiles providedper inhour divisionon (D)(2)through ofhighways, thisexcept section,275 416state pointsroutes, shallthat beare assessedoutside formunicipal acorporations violationand ofthat division276 (A)are ofwithin thisa 417national sectionpark inwith accordanceboundaries withextending sectionthrough 4510.036two of277 theor Revisedmore Code.counties;

418278 (5)(10) IfSixty themiles offenderper commitshour anon offensetwo-lane establishedstate underroutes 419outside this279 sectionmunicipal whilecorporations operatingas aestablished motorby vehiclethe indirector aunder construction280 420 zone and division (C)(H)(2) of sectionthis 4511.993section; of the Revised Code 421 applies, the offender is subject to the additional penalties 422 established under that section.

423281 (6)(11) TheFifty-five offensemiles establishedper underhour thison sectionfreeways iswith apaved strict282 424Sub. liability offense and section 2901.20 of the Revised Code does 425 not apply.

The designation of this offense as a strict liability 426 offense shall not be construed to imply that any other offense, 427 for which there is no specified degree of culpability, is not a 428 H.

82 Page 1611 As IntroducedReported strictby liabilitythe offense.House Public Safety Committee shoulders inside municipal corporations, other than freeways as 283 provided in divisions (B)(14) and (16) of this section;

429284 (E)(12) ThisSixty sectionmiles shallper nothour beon construedrural asexpressways invalidating,with 430285 preempting,traffic orcontrol supersedingsignals aand substantiallyon equivalentall municipalportions 431 ordinance that prescribes penalties for violations of thatrural 432divided ordinance286 thathighways, areexcept greateras thanprovided the penalties prescribed in thisdivisions 433(B)(13) sectionand for(14) violations of 287 this section.section;

434288 (F)(13) ASixty-five prosecutionmiles forper anhour offenseon inall violationrural ofexpressways this289 435without sectiontraffic doescontrol notsignals; preclude a prosecution for an offense in 436 violation of a substantially equivalent municipal ordinance 437 based on the same conduct.

However,290 the(14) twoSeventy offensesmiles areper alliedhour 438on offensesall ofrural similarfreeways; import under section 2941.25 of the Revised 439 Code.

440291 (G)(1)(15) AFifty-five lawmiles enforcementper officerhour doeson notall haveportions probableof 441freeways cause292 andor shallexpressways notin stopcongested theareas operatoras ofdetermined aby motorthe vehicledirector for293 442and purposesthat ofare enforcinglocated thiswithin sectiona unlessmunicipal thecorporation officeror visuallywithin 443an observes294 theinterstate operatorfreeway using,outerbelt, holding,except oras physicallyprovided supportingin 444division with(B) any295 part(16) of thethis person'ssection; body the electronic wireless 445 communications device.

446296 (2)(16) ASixty-five lawmiles enforcementper officerhour whoon stopsall theportions operator of afreeways 447297 motor vehicle, trackless trolley, or streetcarexpressways forwithout atraffic violationcontrol 448signals ofin divisionurbanized (A)298 ofareas. this section shall inform the operator that 449 the operator may decline a search of the operator's electronic 450 wireless communications device.

The299 officer(C) shallIt notis doprima-facie unlawful for any person to exceed 300 any of 451the speed limitations in divisions (B)(1)(a), (2), (3), 301 (4), (6), (7), (8), and (9) of this section, or any declared or 302 established pursuant to this section by the following:director or local 303 authorities and it is unlawful for any person to exceed any of 304 the speed limitations in division (D) of this section.

452No (a)person Access305 theshall devicebe withoutconvicted aof warrant,more unlessthan one violation of this section 306 for the 453same operatorconduct, voluntarilyalthough andviolations unequivocallyof givesmore consentthan forone the307 454provision officerof tothis accesssection may be charged in the device;alternative in a 308 single affidavit.

455309 (b)(D) ConfiscateNo theperson deviceshall whileoperate awaitinga themotor issuancevehicle, oftrackless a310 456trolley, warrantor tostreetcar accessupon thea device;street or highway as follows:

457311 H.Sub.

H.

82 Page 1712 As IntroducedReported (c)by Obtainthe consentHouse fromPublic theSafety operatorCommittee to(1) accessAt thea devicespeed 458exceeding throughfifty-five coercionmiles per hour, except 312 upon a two-lane state route as provided in division (B)(10) of 313 this section and upon a highway, expressway, or anyfreeway otheras improper314 means.provided in divisions (B)(12), (13), (14), and (16) of this 315 section;

Any316 consent(2) byAt thea 459speed operatorexceeding tosixty accessmiles theper devicehour shallupon bea voluntarytwo- and317 unequivocallane 460state beforeroute theas officerprovided mayin accessdivision the(B)(10) deviceof withoutthis section 318 and upon a warrant.highway as provided in division (B)(12) of this 319 section;

461320 (H)(3) AsAt useda speed exceeding sixty-five miles per hour upon an 321 expressway as provided in division (B)(13) or upon a freeway as 322 provided in division (B)(16) of this section:section, except upon a 323 freeway as provided in division (B)(14) of this section;

462324 (1)(4) "ElectronicAt wirelessa communicationsspeed device"exceeding includesseventy 463miles anyper hour upon a 325 freeway as provided in division (B)(14) of thethis following:section;

464326 (a)(5) AAt wirelessa telephone;speed exceeding the posted speed limit upon a 327 highway, expressway, or freeway for which the director has 328 determined and declared a speed limit pursuant to division (I) 329 (2) or (L)(2) of this section.

465330 (b)(E) AIn text-messagingevery device;charge of violation of this section the 331 affidavit and warrant shall specify the time, place, and speed 332 at which the defendant is alleged to have driven, and in charges 333 made in reliance upon division (C) of this section also the 334 speed which division (B)(1)(a), (2), (3), (4), (6), (7), (8), or 335 (9) of, or a limit declared or established pursuant to, this 336 section declares is prima-facie lawful at the time and place of 337 such alleged violation, except that in affidavits where a person 338 is alleged to have driven at a greater speed than will permit 339 the person to bring the vehicle to a stop within the assured 340 Sub.

466H. (c) A personal digital assistant;

467 (d) A computer, including a laptop computer and a computer 468 tablet;

469 (e) Any device capable of displaying a video, movie, 470 broadcast television image, or visual image;

471 (f) Any other substantially similar wireless device that 472 is designed or used to communicate text, initiate or receive 473 communication, or exchange information or data.

474 An "electronic wireless communications device" does not 475 include a two-way radio transmitter or receiver used by a person 476 who is licensed by the federal communications commission to 477 participate in the amateur radio service.

478 (2) "Voice-operated or hands-free feature or function" 479 means a feature or function that allows a person to use an 480 electronic wireless communications device without the use of 481 either hand, except to activate, deactivate, or initiate the 482 feature or function with a single touch or single swipe.

483 (3) "Utility" means an entity specified in division (A), 484 H.

82 Page 1813 As IntroducedReported (C),by (D),the (E),House orPublic (G)Safety ofCommittee sectionclear 4905.03distance ofahead the Revisedaffidavit Code.and warrant need not specify 341 the speed at which the defendant is alleged to have driven.

485342 (4)(F) "UtilityWhen servicea vehicle"speed meansin excess of both a vehicleprima-facie owned343 limitation and a limitation in division (D) of this section is 344 alleged, the defendant shall be charged in a single affidavit, 345 alleging a single act, with a violation indicated of both 346 division (B)(1)(a), (2), (3), (4), (6), (7), (8), or 486(9) operatedof bythis 347 section, or of a utility.limit declared or established pursuant to this 348 section by the director or local authorities, and of the 349 limitation in division (D) of this section.

487If Sec.the court finds a 350 violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), 351 or (9) of, or a limit declared or established pursuant to, this 352 section has occurred, it shall enter a judgment of conviction 353 under such division and dismiss the charge under division (D) of 354 this section.

4511.205.If it finds no violation of division (B)(1)(a), 355 (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or 356 established pursuant to, this section, it shall then consider 357 whether the evidence supports a conviction under division (D) of 358 this section.

(A)359 No(G) holderPoints ofshall abe temporaryassessed instructionfor 488violation permit who has not attained the age of eighteen years and no 489 holder of a probationarylimitation driver's360 licenseunder shalldivision drive(D) a motor 490 vehicle on any street, highway, or property used by the public 491 for purposes of vehicularthis trafficsection or parking while using in anyaccordance 492with mannersection an361 electronic4510.036 wirelessof communicationsthe device.Revised Code.

493362 (B)(H)(1) DivisionWhenever (A)the director determines upon the basis of 363 criteria established by an engineering study, as defined by the 364 director, that any speed limit set forth in divisions (B)(1)(a) 365 to (D) of this section doesis notgreater applyor less than is reasonable or 366 safe under the conditions found to eitherexist 494at any portion of a 367 street or highway under the following:jurisdiction of the director, the 368 director shall determine and declare a reasonable and safe 369 prima-facie speed limit, which shall be effective when 370 Sub.

495H. (1) A person using an electronic wireless communications 496 device for emergency purposes, including an emergency contact 497 with a law enforcement agency, hospital or health care provider, 498 fire department, or other similar emergency agency or entity;

499 (2) A person using an electronic wireless communications 500 device whose motor vehicle is in a stationary position and the 501 motor vehicle is outside a lane of travel;

502 (3) A person using a navigation device in a voice-operated 503 or hands-free manner who does not manipulate the device while 504 driving.

505 (C)(1) Except as provided in division (C)(2) of this 506 section, whoever violates division (A) of this section shall be 507 fined one hundred fifty dollars.

In addition, the court shall 508 impose a class seven suspension of the offender's driver's 509 license or permit for a definite period of sixty days.

510 (2) If the person previously has been adjudicated a 511 delinquent child or a juvenile traffic offender for a violation 512 H.

82 Page 1914 As IntroducedReported ofby thisthe section,House whoeverPublic violatesSafety thisCommittee sectionappropriate shallsigns begiving finednotice 513of threeit hundredare dollars.erected at the 371 location.

In372 addition,(2) Whenever the courtdirector shalldetermines imposeupon the basis of 373 criteria established by an engineering study, as defined by the 374 director, that the speed limit of fifty-five miles per hour on a 514375 classtwo-lane sevenstate suspensionroute outside a municipal corporation is less 376 than is reasonable or safe under the conditions found to exist 377 at that portion of the person'sstate driver'sroute, licensethe ordirector 515may permitdetermine for378 and declare a definitespeed periodlimit of onesixty year.miles per hour for that 379 portion of the state route, which shall be effective when 380 appropriate signs giving notice of it are erected at the 381 location.

516382 (3)(3)(a) IfFor purposes of the offendersafe commitsand theorderly offensemovement whileof operating383 atraffic 517upon motorany vehicleportion inof a constructionstreet zoneor andhighway divisionunder (C)the 384 jurisdiction of the director, the director may establish a 385 variable speed limit that is different than the speed limit 386 established by or under this section 518on 4511.993all or portions of the387 Revisedinterstate Codesix applies,hundred seventy, interstate two hundred seventy- 388 five, and interstate ninety commencing at the offenderintersection isof subject389 that interstate with interstate seventy-one and continuing to 519390 the additionalborder penaltiesof establishedthe understate thatof section.Ohio with the state of Pennsylvania.

520391 (D) The filingdirector ofshall aestablish sworncriteria complaint against a person for adetermining 521the violation392 ofappropriate thisuse section does not preclude the filing of avariable 522speed swornlimits complaintand forshall aestablish violation393 ofvariable aspeed substantiallylimits equivalentin 523accordance municipalwith ordinance for the samecriteria. conduct.

However,The if394 adirector personmay 524establish isvariable adjudicatedspeed alimits delinquentbased childupon orthe atime juvenile395 traffic offender 525 for a violation of thisday, sectionweather andconditions, istraffic alsoincidents, adjudicated a 526 delinquent child or aother juvenilefactors traffic396 offenderthat foraffect athe violationsafe 527speed ofon a substantiallystreet equivalentor municipalhighway. ordinance for the same 528 conduct, the two offenses are allied offenses of similar import 529 under section 2941.25 of the Revised Code.

530The (E)director As397 usedshall innot thisestablish section,a "electronicvariable wirelessspeed 531limit communicationsthat device"is includesbased anyon ofa the398 following:particular type or class of vehicle.

532A (1)variable Aspeed wirelesslimit telephone;399 established by the director under this section is effective when 400 appropriate signs giving notice of the speed limit are displayed 401 Sub.

533H. (2) A personal digital assistant;

534 (3) A computer, including a laptop computer and a computer 535 tablet;

536 (4) A text-messaging device;

537 (5) Any other substantially similar electronic wireless 538 device that is designed or used to communicate via voice, image, 539 or written word.

540 H.

82 Page 2015 As IntroducedReported Sec.by the House Public Safety Committee at the location.

4511.21.402 (b) Except for variable speed limits established under 403 division (H)(3)(a) of this section, the director shall establish 404 a variable speed limit under the authority granted to the 405 director by this section on not more than two additional 406 highways and only pursuant to criteria established in rules 407 adopted in accordance with Chapter 119.

(A) No person shall operate a motor vehicle, 541 trackless trolley, or streetcar at a speed greater or less than 542 is reasonable or proper, having due regard to the traffic, 543 surface, and width of the street or highway and any other 544 conditions, and no person shall drive any motor vehicle, 545 trackless trolley, or streetcar in and upon any street or 546 highway at a greater speed than will permit the person to bring 547 it to a stop within the assured clear distance ahead.

548 (B) It is prima-facie lawful, in the absence of a lower 549 limit declared or established pursuant to this section by the 550 director of transportation or local authorities, for the 551 operator of a motor vehicle, trackless trolley, or streetcar to 552 operate the same at a speed not exceeding the following:

553 (1)(a) Twenty miles per hour in school zones during school 554 recess and while children are going to or leaving school during 555 the opening or closing hours, and when twenty miles per hour 556 school speed limit signs are erected;

except that, on 557 controlled-access highways and expressways, if the right-of-way 558 line fence has been erected without pedestrian opening, the 559 speed shall be governed by division (B)(4) of this section and 560 on freeways, if the right-of-way line fence has been erected 561 without pedestrian opening, the speed shall be governed by 562 divisions (B)(10) and (11) of this section.

The end of every 563 school zone may be marked by a sign indicating the end of the 564 zone.

Nothing in this section or in the manual and 565 specifications for a uniform system of traffic control devices 566 shall be construed to require school zones to be indicated by 567 signs equipped with flashing or other lights, or giving other 568 special notice of the hours in which the school zone speed limit 569 is in effect.

570 H.

B.

No.

82 Page 21 As Introduced (b) As used in this section and in section 4511.212 of the 571 Revised Code, "school" means all of the following:

572 (i) Any school chartered under section 3301.16 of the 573 Revised Code;

574 (ii) Any nonchartered school that during the preceding 575 year filed with the department of education and workforce in 576 compliance with rule 3301-35-08 of the Ohio Administrative Code, 577 a copy of the school's report for the parents of the school's 578 pupils certifying that the school meets Ohio minimum standards 579 for nonchartered, nontax-supported schools and presents evidence 580 of this filing to the jurisdiction from which it is requesting 581 the establishment of a school zone;

582 (iii) Any special elementary school that in writing 583 requests the county engineer of the county in which the special 584 elementary school is located to create a school zone at the 585 location of that school.

Upon receipt of such a written request, 586 the county engineer shall create a school zone at that location 587 by erecting the appropriate signs.

588 (iv) Any preschool education program operated by an 589 educational service center that is located on a street or 590 highway with a speed limit of forty-five miles per hour or more, 591 when the educational service center in writing requests that the 592 county engineer of the county in which the program is located 593 create a school zone at the location of that program.

Upon 594 receipt of such a written request, the county engineer shall 595 create a school zone at that location by erecting the 596 appropriate signs.

597 (c) As used in this section, "school zone" means that 598 portion of a street or highway passing a school fronting upon 599 H.

B.

No.

82 Page 22 As Introduced the street or highway that is encompassed by projecting the 600 school property lines to the fronting street or highway, and 601 also includes that portion of a state highway.

Upon request from 602 local authorities for streets and highways under their 603 jurisdiction and that portion of a state highway under the 604 jurisdiction of the director of transportation or a request from 605 a county engineer in the case of a school zone for a special 606 elementary school, the director may extend the traditional 607 school zone boundaries.

The distances in divisions (B)(1)(c)(i), 608 (ii), and (iii) of this section shall not exceed three hundred 609 feet per approach per direction and are bounded by whichever of 610 the following distances or combinations thereof the director 611 approves as most appropriate:

612 (i) The distance encompassed by projecting the school 613 building lines normal to the fronting highway and extending a 614 distance of three hundred feet on each approach direction;

615 (ii) The distance encompassed by projecting the school 616 property lines intersecting the fronting highway and extending a 617 distance of three hundred feet on each approach direction;

618 (iii) The distance encompassed by the special marking of 619 the pavement for a principal school pupil crosswalk plus a 620 distance of three hundred feet on each approach direction of the 621 highway.

622 Nothing in this section shall be construed to invalidate 623 the director's initial action on August 9, 1976, establishing 624 all school zones at the traditional school zone boundaries 625 defined by projecting school property lines, except when those 626 boundaries are extended as provided in divisions (B)(1)(a) and 627 (c) of this section.

628 H.

B.

No.

82 Page 23 As Introduced (d) As used in this division, "crosswalk" has the meaning 629 given that term in division (LL)(2) of section 4511.01 of the 630 Revised Code.

631 The director may, upon request by resolution of the 632 legislative authority of a municipal corporation, the board of 633 trustees of a township, or a county board of developmental 634 disabilities created pursuant to Chapter 5126.

of the Revised 635 Code, and upon submission by the municipal corporation, 636 township, or county board of such engineering, traffic, and 637 other information as the director considers necessary, designate 638 a school zone on any portion of a state route lying within the 639 municipal corporation, lying within the unincorporated territory 640 of the township, or lying adjacent to the property of a school 641 that is operated by such county board, that includes a crosswalk 642 customarily used by children going to or leaving a school during 643 recess and opening and closing hours, whenever the distance, as 644 measured in a straight line, from the school property line 645 nearest the crosswalk to the nearest point of the crosswalk is 646 no more than one thousand three hundred twenty feet.

Such a 647 school zone shall include the distance encompassed by the 648 crosswalk and extending three hundred feet on each approach 649 direction of the state route.

650 (e) As used in this section, "special elementary school" 651 means a school that meets all of the following criteria:

652 (i) It is not chartered and does not receive tax revenue 653 from any source.

654 (ii) It does not educate children beyond the eighth grade.

655 (iii) It is located outside the limits of a municipal 656 corporation.

657 H.

B.

No.

82 Page 24 As Introduced (iv) A majority of the total number of students enrolled 658 at the school are not related by blood.

659 (v) The principal or other person in charge of the special 660 elementary school annually sends a report to the superintendent 661 of the school district in which the special elementary school is 662 located indicating the total number of students enrolled at the 663 school, but otherwise the principal or other person in charge 664 does not report any other information or data to the 665 superintendent.

666 (2) Twenty-five miles per hour in all other portions of a 667 municipal corporation, except on state routes outside business 668 districts, through highways outside business districts, and 669 alleys;

670 (3) Thirty-five miles per hour on all state routes or 671 through highways within municipal corporations outside business 672 districts, except as provided in divisions (B)(4) and (6) of 673 this section;

674 (4) Fifty miles per hour on controlled-access highways and 675 expressways within municipal corporations, except as provided in 676 divisions (B)(12), (13), (14), (15), and (16) of this section;

677 (5) Fifty-five miles per hour on highways outside 678 municipal corporations, other than highways within island 679 jurisdictions as provided in division (B)(8) of this section, 680 highways as provided in divisions (B)(9) and (10) of this 681 section, and highways, expressways, and freeways as provided in 682 divisions (B)(12), (13), (14), and (16) of this section;

683 (6) Fifty miles per hour on state routes within municipal 684 corporations outside urban districts unless a lower prima-facie 685 speed is established as further provided in this section;

686 H.

B.

No.

82 Page 25 As Introduced (7) Fifteen miles per hour on all alleys within the 687 municipal corporation;

688 (8) Thirty-five miles per hour on highways outside 689 municipal corporations that are within an island jurisdiction;

690 (9) Thirty-five miles per hour on through highways, except 691 state routes, that are outside municipal corporations and that 692 are within a national park with boundaries extending through two 693 or more counties;

694 (10) Sixty miles per hour on two-lane state routes outside 695 municipal corporations as established by the director under 696 division (H)(2) of this section;

697 (11) Fifty-five miles per hour on freeways with paved 698 shoulders inside municipal corporations, other than freeways as 699 provided in divisions (B)(14) and (16) of this section;

700 (12) Sixty miles per hour on rural expressways with 701 traffic control signals and on all portions of rural divided 702 highways, except as provided in divisions (B)(13) and (14) of 703 this section;

704 (13) Sixty-five miles per hour on all rural expressways 705 without traffic control signals;

706 (14) Seventy miles per hour on all rural freeways;

707 (15) Fifty-five miles per hour on all portions of freeways 708 or expressways in congested areas as determined by the director 709 and that are located within a municipal corporation or within an 710 interstate freeway outerbelt, except as provided in division (B) 711 (16) of this section;

712 (16) Sixty-five miles per hour on all portions of freeways 713 or expressways without traffic control signals in urbanized 714 H.

B.

No.

82 Page 26 As Introduced areas.

715 (C) It is prima-facie unlawful for any person to exceed 716 any of the speed limitations in divisions (B)(1)(a), (2), (3), 717 (4), (6), (7), (8), and (9) of this section, or any declared or 718 established pursuant to this section by the director or local 719 authorities and it is unlawful for any person to exceed any of 720 the speed limitations in division (D) of this section.

No person 721 shall be convicted of more than one violation of this section 722 for the same conduct, although violations of more than one 723 provision of this section may be charged in the alternative in a 724 single affidavit.

725 (D) No person shall operate a motor vehicle, trackless 726 trolley, or streetcar upon a street or highway as follows:

727 (1) At a speed exceeding fifty-five miles per hour, except 728 upon a two-lane state route as provided in division (B)(10) of 729 this section and upon a highway, expressway, or freeway as 730 provided in divisions (B)(12), (13), (14), and (16) of this 731 section;

732 (2) At a speed exceeding sixty miles per hour upon a two- 733 lane state route as provided in division (B)(10) of this section 734 and upon a highway as provided in division (B)(12) of this 735 section;

736 (3) At a speed exceeding sixty-five miles per hour upon an 737 expressway as provided in division (B)(13) or upon a freeway as 738 provided in division (B)(16) of this section, except upon a 739 freeway as provided in division (B)(14) of this section;

740 (4) At a speed exceeding seventy miles per hour upon a 741 freeway as provided in division (B)(14) of this section;

742 (5) At a speed exceeding the posted speed limit upon a 743 H.

B.

No.

82 Page 27 As Introduced highway, expressway, or freeway for which the director has 744 determined and declared a speed limit pursuant to division (I) 745 (2) or (L)(2) of this section.

746 (E) In every charge of violation of this section the 747 affidavit and warrant shall specify the time, place, and speed 748 at which the defendant is alleged to have driven, and in charges 749 made in reliance upon division (C) of this section also the 750 speed which division (B)(1)(a), (2), (3), (4), (6), (7), (8), or 751 (9) of, or a limit declared or established pursuant to, this 752 section declares is prima-facie lawful at the time and place of 753 such alleged violation, except that in affidavits where a person 754 is alleged to have driven at a greater speed than will permit 755 the person to bring the vehicle to a stop within the assured 756 clear distance ahead the affidavit and warrant need not specify 757 the speed at which the defendant is alleged to have driven.

758 (F) When a speed in excess of both a prima-facie 759 limitation and a limitation in division (D) of this section is 760 alleged, the defendant shall be charged in a single affidavit, 761 alleging a single act, with a violation indicated of both 762 division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of this 763 section, or of a limit declared or established pursuant to this 764 section by the director or local authorities, and of the 765 limitation in division (D) of this section.

If the court finds a 766 violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), 767 or (9) of, or a limit declared or established pursuant to, this 768 section has occurred, it shall enter a judgment of conviction 769 under such division and dismiss the charge under division (D) of 770 this section.

If it finds no violation of division (B)(1)(a), 771 (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or 772 established pursuant to, this section, it shall then consider 773 whether the evidence supports a conviction under division (D) of 774 H.

B.

No.

82 Page 28 As Introduced this section.

775 (G) Points shall be assessed for violation of a limitation 776 under division (D) of this section in accordance with section 777 4510.036 of the Revised Code.

778 (H)(1) Whenever the director determines upon the basis of 779 criteria established by an engineering study, as defined by the 780 director, that any speed limit set forth in divisions (B)(1)(a) 781 to (D) of this section is greater or less than is reasonable or 782 safe under the conditions found to exist at any portion of a 783 street or highway under the jurisdiction of the director, the 784 director shall determine and declare a reasonable and safe 785 prima-facie speed limit, which shall be effective when 786 appropriate signs giving notice of it are erected at the 787 location.

788 (2) Whenever the director determines upon the basis of 789 criteria established by an engineering study, as defined by the 790 director, that the speed limit of fifty-five miles per hour on a 791 two-lane state route outside a municipal corporation is less 792 than is reasonable or safe under the conditions found to exist 793 at that portion of the state route, the director may determine 794 and declare a speed limit of sixty miles per hour for that 795 portion of the state route, which shall be effective when 796 appropriate signs giving notice of it are erected at the 797 location.

798 (3)(a) For purposes of the safe and orderly movement of 799 traffic upon any portion of a street or highway under the 800 jurisdiction of the director, the director may establish a 801 variable speed limit that is different than the speed limit 802 established by or under this section on all or portions of 803 interstate six hundred seventy, interstate two hundred seventy- 804 H.

B.

No.

82 Page 29 As Introduced five, and interstate ninety commencing at the intersection of 805 that interstate with interstate seventy-one and continuing to 806 the border of the state of Ohio with the state of Pennsylvania.

807 The director shall establish criteria for determining the 808 appropriate use of variable speed limits and shall establish 809 variable speed limits in accordance with the criteria.

The 810 director may establish variable speed limits based upon the time 811 of day, weather conditions, traffic incidents, or other factors 812 that affect the safe speed on a street or highway.

The director 813 shall not establish a variable speed limit that is based on a 814 particular type or class of vehicle.

A variable speed limit 815 established by the director under this section is effective when 816 appropriate signs giving notice of the speed limit are displayed 817 at the location.

818 (b) Except for variable speed limits established under 819 division (H)(3)(a) of this section, the director shall establish 820 a variable speed limit under the authority granted to the 821 director by this section on not more than two additional 822 highways and only pursuant to criteria established in rules 823 adopted in accordance with Chapter 119.

The 824408 rules shall be based on the criteria described in division (H) 825409 (3)(a) of this section.

The rules also shall establish the 826410 parameters of any engineering study necessary for determining 827411 when variable speed limits are appropriate.

828412 (4) Nothing in this section shall be construed to limit 829413 the authority of the director to establish speed limits within a 830414 construction zone as authorized under section 4511.98 of the 831415 Revised Code.

832416 (I)(1) Except as provided in divisions (I)(2), (J), (K), 833417 and (N) of this section, whenever local authorities determine 834418 H.upon the basis of criteria established by an engineering study, 419 as defined by the director, that the speed permitted by 420 divisions (B)(1)(a) to (D) of this section, on any part of a 421 highway under their jurisdiction, is greater than is reasonable 422 and safe under the conditions found to exist at such location, 423 the local authorities may by resolution request the director to 424 determine and declare a reasonable and safe prima-facie speed 425 limit.

Upon receipt of such request the director may determine 426 and declare a reasonable and safe prima-facie speed limit at 427 such location, and if the director does so, then such declared 428 speed limit shall become effective only when appropriate signs 429 giving notice thereof are erected at such location by the local 430 authorities.

The director may withdraw the declaration of a 431 Sub.

H.

82 Page 3016 As IntroducedReported uponby the basisHouse ofPublic criteriaSafety establishedCommittee byprima-facie an engineering study, 835 as defined by the director, that the speed permittedlimit bywhenever 836in divisions (B)(1)(a) to (D) of this section, on any part of a 837 highway under their jurisdiction, is greater than is reasonable 838 and safe under the conditionsdirector's foundopinion to exist at such location, 839 the local432 authoritiesaltered may by resolution request the director to 840 determine and declare a reasonable and safe prima-facie speed 841limit limit.becomes unreasonable.

Upon receipt of such request433 thewithdrawal, director may determine 842 and declare a reasonable and safe prima-facie speed limit at 843 such location, and if the director does so, then such declared 844prima-facie speed limit shall become effective434 onlyineffective whenand appropriatethe signs 845relating givingthereto noticeshall thereofbe areimmediately erected435 atremoved such location by the local 846 authorities.

The436 director(2) A local authority may withdrawdetermine on the declarationbasis of a437 847criteria prima-facieestablished speedby limitan wheneverengineering instudy, theas director'sdefined opinionby the 848438 altereddirector, prima-faciethat the speed limit becomesof unreasonable.sixty-five or seventy miles 439 per hour on a portion of a freeway under its jurisdiction is 440 greater than is reasonable or safe under the conditions found to 441 exist at that portion of the freeway.

UponIf the local authority 442 makes such 849a withdrawal,determination, the declaredlocal prima-facieauthority speedby limitresolution shall443 becomemay 850request ineffectivethe director to determine and thedeclare signsa relatingreasonable thereto444 shalland besafe immediatelyspeed 851limit removedof bynot theless localthan authorities.fifty-five miles per hour 445 for that portion of the freeway.

852If (2) A local authority may determine on the basisdirector oftakes 853such criteria446 establishedaction, by an engineering study, as defined by the 854declared director, that the speed limit ofbecomes sixty-fiveeffective oronly seventywhen miles447 855appropriate persigns hourgiving onnotice a portion of ait freewayare undererected itsat jurisdictionsuch is448 856location greaterby than is reasonable or safe under the conditionslocal foundauthority. to 857 exist at that portion of the freeway.

If449 the(J) localLocal authorityauthorities 858in makestheir suchrespective ajurisdictions determination,450 may authorize by ordinance higher prima-facie speeds than those 451 stated in this section upon through highways, or upon highways 452 or portions thereof where there are no intersections, or between 453 widely spaced intersections, provided signs are erected giving 454 notice of the authorized speed, but local authorityauthorities byshall resolutionnot 859455 maymodify requestor alter the directorbasic torule determineset andforth declarein adivision reasonable(A) 860of andthis safe456 section or in any event authorize by ordinance a speed limitin excess 457 of notthe lessmaximum thanspeed fifty-fivepermitted milesby perdivision hour(D) 861of forthis thatsection portion458 offor the freeway.specified type of highway.

If459 theAlteration directorof takesprima-facie suchlimits 862on action,state theroutes declaredby speedlocal limit460 becomesauthorities effectiveshall onlynot whenbe 863effective appropriateuntil signsthe givingalteration noticehas ofbeen it461 areSub. erected at such 864 location by the local authority.

865 H.

82 Page 3117 As IntroducedReported (J) Local authorities in their respective jurisdictions 866 may authorize by ordinance higher prima-facie speeds than those 867 stated in this section upon through highways, or upon highways 868 or portions thereof where there are no intersections, or between 869 widely spaced intersections, provided signs are erected giving 870 notice of the authorizedHouse speed,Public butSafety localCommittee authoritiesapproved shall not 871 modify or alter the basic rule set forth in division (A) of this 872 section or in any event authorize by ordinance a speed in excess 873 of the maximumdirector. speed permitted by division (D) of this section 874 for the specified type of highway.

875The Alterationdirector may withdraw approval of 462 any altered prima-facie speed limits onwhenever statein routesthe bydirector's local463 876opinion authoritiesany altered prima-facie speed becomes unreasonable, and 464 upon such withdrawal, the altered prima-facie speed shall notbecome be465 effectiveineffective untiland the alterationsigns hasrelating beenthereto 877shall approvedbe immediately 466 removed by the director.local authorities.

The467 director(K)(1) mayAs withdrawused approval of 878 any altered prima-facie speed limits whenever in thedivisions director's(K)(1), 879(2), opinion(3), any altered prima-facie speed becomes unreasonable, and 880(4) uponof such468 withdrawal,this thesection, altered"unimproved prima-faciehighway" speedmeans shalla becomehighway 881consisting ineffectiveof and469 theany signsof relating thereto shall be immediately 882 removed by the localfollowing: authorities.

883470 (K)(1)(a) AsUnimproved usedearth; in divisions (K)(1), (2), (3), and (4) of 884 this section, "unimproved highway" means a highway consisting of 885 any of the following:

886471 (a)(b) Unimproved graded and drained earth;

887472 (b)(c) UnimprovedGravel. graded and drained earth;

888473 (c)(2) Gravel.Except as otherwise provided in divisions (K)(4) and 474 (5) of this section, whenever a board of township trustees 475 determines upon the basis of criteria established by an 476 engineering study, as defined by the director, that the speed 477 permitted by division (B)(5) of this section on any part of an 478 unimproved highway under its jurisdiction and in the 479 unincorporated territory of the township is greater than is 480 reasonable or safe under the conditions found to exist at the 481 location, the board may by resolution declare a reasonable and 482 safe prima-facie speed limit of fifty-five but not less than 483 twenty-five miles per hour.

889An (2)altered Exceptspeed aslimit otherwiseadopted providedby ina divisions484 (K)(4)board andof 890township (5)trustees ofunder this section,division wheneverbecomes aeffective board485 ofwhen townshipappropriate trusteestraffic 891control determinesdevices, uponas theprescribed basisin of486 criteriasection established4511.11 byof anthe 892Revised engineeringCode, study,giving asnotice definedthereof byare the487 director,erected thatat the speedlocation, 893which permittedshall bybe divisionno (B)(5)sooner ofthan thissixty section488 ondays anyafter partadoption of anthe 894resolution. H.

489 (3)(a) Whenever, in the opinion of a board of township 490 Sub.

H.

82 Page 3218 As IntroducedReported unimprovedby highway under its jurisdiction and in the 895House unincorporatedPublic territorySafety ofCommittee thetrustees, townshipany isaltered greaterprima-facie thanspeed islimit 896established reasonableby or safe under the conditions491 foundboard tounder existthis atdivision thebecomes 897unreasonable, location, the board may by492 resolutionadopt declare a reasonableresolution andwithdrawing 898the safealtered prima-facie speed limit493 oflimit. fifty-five but not less than 899 twenty-five miles per hour.

AnUpon alteredthe speedadoption limitof adoptedsuch by a 900resolution, boardthe ofaltered township494 trusteesprima-facie underspeed thislimit division becomes effectiveineffective 901and whenthe appropriate traffic 495 control devices,devices asrelating prescribedthereto in 902 section 4511.11 of the Revised Code, giving notice thereof are 903 erected at the location, which shall be noimmediately soonerremoved. than sixty 904 days after adoption of the resolution.

905496 (3)(a)(b) Whenever,Whenever ina thehighway opinionceases ofto abe boardan ofunimproved townshiphighway 906497 trustees,and anythe board has adopted an altered prima-facie speed limit established498 bypursuant theto 907division board(K)(2) underof this divisionsection, becomes unreasonable, the board mayshall, 908by adopt499 aresolution, resolutionwithdraw withdrawing the altered prima-facie speed 909limit limit.as soon 500 as the highway ceases to be unimproved.

Upon the adoption of 501 such a resolution, the altered 910 prima-facie speed limit becomes 502 ineffective and the traffic 911 control devices relating thereto 503 shall be immediately removed.

912504 (b)(4)(a) WheneverIf athe highwayboundary ceasesof totwo betownships rests on the 505 centerline of an unimproved highway 913in unincorporated territory 506 and both townships have jurisdiction over the boardhighway, hasneither adopted507 of the boards of township trustees of such townships may declare 508 an altered prima-facie speed limit 914 pursuant to division (K)(2) 509 of this section,section on the boardpart shall,of the highway under their joint 510 jurisdiction unless the boards of township trustees of both of 511 the townships determine, upon the basis of criteria established 512 by 915an resolution,engineering withdrawstudy, as defined by the altereddirector, prima-faciethat the 513 speed limitpermitted asby soondivision 916(B)(5) asof this section is greater 514 than is reasonable or safe under the highwayconditions ceasesfound to beexist unimproved.515 at the location and both boards agree upon a reasonable and safe 516 prima-facie speed limit of less than fifty-five but not less 517 than twenty-five miles per hour for that location.

UponIf theboth adoption518 ofboards 917so suchagree, aeach resolution,shall follow the alteredprocedure prima-faciespecified speedin limit519 becomesdivision 918(K)(2) ineffectiveof andthis thesection trafficfor controlaltering devicesthe relatingprima-facie thereto520 919speed shalllimit beon immediatelythe removed.highway.

920Except (4)(a)as Ifotherwise theprovided boundary of two townships rests on the 921 centerline of an unimproved highway in unincorporated521 territorySub. 922 and both townships have jurisdiction over the highway, neither 923 of the boards of township trustees of such townships may declare 924 H.

H.

82 Page 3319 As IntroducedReported anby alteredthe prima-facieHouse speedPublic limitSafety pursuantCommittee to division (K)(2)(K)(4)(b) 925 of this sectionsection, onno thespeed partlimit ofaltered the522 highwaypursuant underto theirdivision joint(K)(4)(a) 926of jurisdictionthis section may be withdrawn 523 unless the boards of township trustees of both of 927 the townships determine,524 upondetermine the basis of criteria established 928 by an engineering study, as defined by the director, that the 929altered prima-facie speed permittedlimit bypreviously division525 (B)(5)adopted ofbecomes thisunreasonable section is greater 930 than is reasonable or safe under the conditions found to exist 931 at the location and botheach boardsboard agreeadopts upon a reasonableresolution and526 safewithdrawing 932the altered prima-facie speed limit ofpursuant lessto thanthe fifty-five527 butprocedure notspecified lessin 933division than(K)(3)(a) twenty-fiveof milesthis persection. hour for that location.

If528 both(b) 934Whenever a highway described in division (K)(4)(a) of 529 this section ceases to be an unimproved highway and two boards so530 agree,of eachtownship shalltrustees followhave theadopted procedurean specifiedaltered inprima-facie 935speed 531 limit pursuant to division (K)(2)(K)(4)(a) of this sectionsection, forboth altering532 boards shall, by resolution, withdraw the altered prima-facie 936533 speed limit onas soon as the highway.highway ceases to be unimproved.

ExceptUpon as534 otherwisethe providedadoption in 937 division (K)(4)(b) of this section, no speed limit altered 938 pursuant to division (K)(4)(a) of this section may be withdrawn 939 unless the boardsresolution, of township trustees of both townships 940 determine that the altered prima-facie speed 535 limit previously 941 adopted becomes unreasonableineffective and each board adopts a resolution 942 withdrawing the alteredtraffic prima-faciecontrol speeddevices limit536 pursuantrelating tothereto theshall 943be procedureimmediately specifiedremoved. in division (K)(3)(a) of this section.

944537 (b)(5) WheneverAs aused highway described in division (K)(4)(a)(K)(5) of 945 this sectionsection: ceases to be an unimproved highway and two boards 946 of township trustees have adopted an altered prima-facie speed 947 limit pursuant to division (K)(4)(a) of this section, both 948 boards shall, by resolution, withdraw the altered prima-facie 949 speed limit as soon as the highway ceases to be unimproved.

Upon538 950(a) "Commercial subdivision" means any platted territory 539 outside the adoptionlimits of a municipal corporation and fronting a 540 highway where, for a distance of three hundred feet or more, the resolution,541 frontage is improved with buildings in use for commercial 542 purposes, or where the alteredentire prima-facielength speedof 951the limithighway becomesis ineffectiveless than 543 three hundred feet long and the trafficfrontage controlis devicesimproved 952with relating544 theretobuildings shallin beuse immediatelyfor removed.commercial purposes.

953545 (5)(b) As"Residential usedsubdivision" means any platted territory 546 outside the limits of a municipal corporation and fronting a 547 highway, where, for a distance of three hundred feet or more, 548 the frontage is improved with residences or residences and 549 buildings in divisionuse (K)(5)for business, or where the entire length of thisthe section:550 highway is less than three hundred feet long and the frontage is 551 Sub.

954 H.

82 Page 3420 As IntroducedReported (a)by "Commercial subdivision" means any platted territory 955 outside the limitsHouse ofPublic aSafety municipalCommittee corporation and fronting a 956 highway where, for a distance of three hundred feet or more, the 957 frontage is improved with buildingsresidences in use for commercial 958 purposes, or whereresidences the entire length of the highway is less than 959 three hundred feet long and the frontage is improved with 960 buildings in use for commercial552 purposes.business.

961553 (b)Whenever "Residentiala subdivision"board meansof anytownship plattedtrustees territoryfinds 962upon outsidethe basis 554 of criteria established by an engineering study, as defined by 555 the limitsdirector, that the prima-facie speed permitted by division 556 (B)(5) of athis municipalsection corporationon andany frontingpart of a 963highway highway,under where,its for557 jurisdiction that is located in a distancecommercial ofor threeresidential hundred558 feetsubdivision, except on highways or more,portions 964thereof at the frontage559 entrances to which vehicular traffic from the majority of 560 intersecting highways is improvedrequired withto residencesyield orthe residencesright-of-way andto 965561 buildingsvehicles on such highways in useobedience forto business,stop or whereyield thesigns entireor length562 oftraffic thecontrol 966signals, highway is lessgreater than threeis hundredreasonable feetand longsafe and563 under the frontageconditions isfound 967to improvedexist withat residencesthe orlocation, residencesthe board 564 may by resolution declare a reasonable and buildingssafe inprima-facie use565 forspeed 968limit business.of less than fifty-five but not less than twenty- 566 five miles per hour at the location.

969An Wheneveraltered aspeed boardlimit of567 townshipadopted trustees finds upon the basis 970 of criteria established by ana engineeringboard study, as defined by 971 the director, that the prima-facie speed permitted by division 972 (B)(5) of thistownship sectiontrustees on any part of a highway under itsthis 973division jurisdiction568 thatshall isbecome locatedeffective inwhen aappropriate commercialsigns orgiving residentialnotice 974569 subdivision, except on highways or portions thereof atare theerected 975 entrances to which vehicular traffic from the majority of 976 intersecting highways is required to yield the right-of-way to 977 vehicles on such highways in obedience to stop or yield signs or 978 traffic control signals, is greater than is reasonable and safe 979 under the conditions found to exist at the location,location the board 980 may by resolution declare a reasonable and safe prima-facie 981 speed limit of less than fifty-five but not less than twenty- 982 five miles per hour at the location.township.

AnWhenever, altered570 speedin limitthe 983opinion adoptedof by a board of township trusteestrustees, any altered 571 prima-facie speed limit established by it under this division 984572 becomes unreasonable, it may adopt a resolution withdrawing the 573 altered prima-facie speed, and upon such withdrawal, the altered 574 prima-facie speed shall become effectiveineffective, whenand appropriatethe signs giving575 noticerelating 985thereto H.shall be immediately removed by the township.

576 (L)(1) The director of transportation, based upon an 577 engineering study, as defined by the director, of a highway, 578 expressway, or freeway described in division (B)(12), (13), 579 (14), (15), or (16) of this section, in consultation with the 580 director of public safety and, if applicable, the local 581 authority having jurisdiction over the studied highway, 582 Sub.

H.

82 Page 3521 As IntroducedReported thereofby arethe erectedHouse atPublic theSafety locationCommittee byexpressway, or freeway, may determine and declare that the township.speed 583 limit established on such highway, expressway, or freeway under 584 division (B)(12), (13), (14), (15), or (16) of this section 585 either is reasonable and safe or is more or less than that which 586 is reasonable and safe.

Whenever,587 986(2) inIf the opinionestablished ofspeed limit for a boardhighway, 588 expressway, or freeway studied pursuant to division (L)(1) of township589 trustees,this anysection alteredis 987determined prima-facieto speedbe limitmore establishedor byless itthan underthat thiswhich divisionis 988590 becomesreasonable unreasonable,and itsafe, maythe adoptdirector aof resolutiontransportation, withdrawingin 591 consultation with the 989director alteredof prima-faciepublic speed,safety andand, uponif such592 withdrawal,applicable, the alteredlocal 990authority prima-faciehaving speedjurisdiction shallover becomethe ineffective,593 studied highway, expressway, or freeway, shall determine and the594 signsdeclare 991a relatingreasonable theretoand shallsafe bespeed immediatelylimit removedfor bythat thehighway, township.595 expressway, or freeway.

992596 (L)(1)(M)(1)(a) TheIf director of transportation, based upon an 993 engineering study, as defined by the director,boundary of atwo highway,local 994authorities expressway,rests or597 freewayon described in division (B)(12), (13), 995 (14), (15), or (16) of this section, in consultation with the 996centerline director of publica safetyhighway and,and ifboth applicable,authorities thehave local598 997 authority having jurisdiction over the studied highway, 998 expressway, or freeway, may determine and declare that the speed 999 limit establishedfor onthe suchpart highway,of expressway,599 orthe freewayhighway underwithin 1000their divisionjoint (B)(12),jurisdiction (13),shall (14),be (15),either orone (16)600 of thisthe sectionfollowing 1001as eitheragreed isto reasonableby andboth safeauthorities: or is more or less than that which 1002 is reasonable and safe.

1003601 (2)(i) IfEither theprima-facie established speed limit forpermitted aby highway, 1004 expressway, or freeway studied pursuant to division (L)(1)602 (B) of 1005 this sectionsection; is determined to be more or less than that which is 1006 reasonable and safe, the director of transportation, in 1007 consultation with the director of public safety and, if 1008 applicable, the local authority having jurisdiction over the 1009 studied highway, expressway, or freeway, shall determine and 1010 declare a reasonable and safe speed limit for that highway, 1011 expressway, or freeway.

1012603 (M)(1)(a)(ii) IfAn thealtered boundaryspeed oflimit twodetermined local authorities rests 1013 on the centerline of a highway and bothposted authoritiesin have604 1014accordance jurisdictionwith overthis thesection. highway, the speed limit for the part of 1015 H.

605 (b) If the local authorities are unable to reach an 606 agreement, the speed limit shall remain as established and 607 posted under this section.

608 (2) Neither local authority may declare an altered prima- 609 facie speed limit pursuant to this section on the part of the 610 highway under their joint jurisdiction unless both of the local 611 Sub.

H.

82 Page 3622 As IntroducedReported by the highwayHouse withinPublic theirSafety jointCommittee jurisdictionauthorities shalldetermine, beupon eitherthe onebasis 1016 of thecriteria followingestablished by 612 an engineering study, as agreeddefined toby the director, that the speed 613 permitted by this section is greater than is reasonable or safe 614 under the conditions found to exist at the location and both authorities:615 authorities agree upon a uniform reasonable and safe prima-facie 616 speed limit of less than fifty-five but not less than twenty- 617 five miles per hour for that location.

1017If (i)both Eitherauthorities so 618 agree, each shall follow the procedure specified in this section 619 for altering the prima-facie speed limit permittedon bythe divisionhighway, 1018and (B)the 620 speed limit for the part of thisthe section;highway within their joint 621 jurisdiction shall be uniformly altered.

1019No (ii)altered Anspeed limit 622 may be withdrawn unless both local authorities determine that 623 the altered prima-facie speed limit determinedpreviously adopted becomes 624 unreasonable and postedeach inadopts 1020a accordanceresolution withwithdrawing the 625 altered prima-facie speed limit pursuant to the procedure 626 specified in this section.

1021627 (b)(N) IfThe thelegislative localauthority authoritiesof area unablemunicipal tocorporation reach628 anor 1022township agreement,in thewhich speeda limitboarding shallschool remainis aslocated, establishedby andresolution 1023629 postedor underordinance, thismay section.establish a boarding school zone.

1024The (2)630 Neitherlegislative local authority may declarealter anthe altered prima- 1025 facie speed limit pursuant to this section on theany partstreet ofor the631 1026 highway underwithin their joint jurisdiction unless both of the localboarding 1027school authoritieszone determine,and uponshall thespecify basis of criteria established by 1028 an engineering study, as defined by the director,632 thathours theduring speedwhich 1029 permitted by this section is greater than is reasonable or safe 1030 under the conditionsaltered found to exist at the location and both 1031 authorities agree upon a uniform reasonable and safe prima-facie 1032 speed limit ofis lessin thaneffect. fifty-five but not less than twenty- 1033 five miles per hour for that location.

IfFor both633 authoritiespurposes soof 1034determining agree,the eachboundaries shallof follow the procedureboarding specifiedschool in634 thiszone, section 1035 for altering the prima-faciealtered speed limit onwithin the highway,boarding school zone, 635 and the 1036hours the altered speed limit foris in effect, the part636 legislative authority shall consult with the administration of 637 the highwayboarding withinschool theirand jointwith 1037the jurisdictioncounty shallengineer beor uniformlyother altered.638 appropriate engineer, as applicable.

NoA alteredboarding speedschool limitzone 1038639 may be withdrawn unless both local authorities determine that 1039 the altered prima-facie speed limit previously adopted becomes 1040effective unreasonableonly andwhen eachappropriate adoptssigns agiving resolution640 withdrawingnotice thethereof 1041are alterederected prima-facieat speed limit pursuant to the procedureappropriate 1042locations. specified in this section.

1043641 (N)(O) TheAs legislativeused authorityin ofthis asection: municipal corporation 1044 H.

642 Sub.

H.

82 Page 3723 As IntroducedReported orby townshipthe inHouse whichPublic aSafety boardingCommittee school(1) is"Interstate located,system" byhas resolutionthe 1045same ormeaning ordinance,as mayin establish23 a643 boardingU.S.C. school zone.

The 1046 legislative authority may alter the speed limit on any street or 1047 highway within the boarding school zone and shall specify the 1048 hours during which the altered speed limit is in effect.

For 1049 purposes of determining the boundaries of the boarding school 1050 zone, the altered speed limit within the boarding school zone, 1051 and the hours the altered speed limit is in effect, the 1052 legislative authority shall consult with the administration of 1053 the boarding school and with the county engineer or other 1054 appropriate engineer, as applicable.

A boarding school zone 1055 speed limit becomes effective only when appropriate signs giving 1056 notice thereof are erected at the appropriate locations.

1057 (O) As used in this section:

1058 (1) "Interstate system" has the same meaning as in 23 1059 U.S.C.

1060644 (2) "Commercial bus" means a motor vehicle designed for 1061645 carrying more than nine passengers and used for the 1062646 transportation of persons for compensation.

1063647 (3) "Noncommercial bus" includes but is not limited to a 1064648 school bus or a motor vehicle operated solely for the 1065649 transportation of persons associated with a charitable or 1066650 nonprofit organization.

1067651 (4) "Outerbelt" means a portion of a freeway that is part 1068652 of the interstate system and is located in the outer vicinity of 1069653 a major municipal corporation or group of municipal 1070654 corporations, as designated by the director.

1071655 (5) "Rural" means an area outside urbanized areas and 1072656 outside of a business or urban district, and areas that extend 1073657 H.within urbanized areas where the roadway characteristics remain 658 mostly unchanged from those outside the urbanized areas.

659 (6) "Urbanized area" has the same meaning as in 23 U.S.C.

660 101.

661 (7) "Divided" means a roadway having two or more travel 662 lanes for vehicles moving in opposite directions and that is 663 separated by a median of more than four feet, excluding turn 664 lanes.

665 (P)(1) A violation of any provision of this section is one 666 of the following:

667 (a) Except as otherwise provided in divisions (P)(1)(b), 668 (1)(c), (2), and (3) of this section, a minor misdemeanor;

669 (b) If, within one year of the offense, the offender 670 Sub.

H.

82 Page 3824 As IntroducedReported withinby urbanizedthe areasHouse wherePublic theSafety roadwayCommittee characteristicspreviously remainhas 1074been mostlyconvicted unchangedof fromor thosepleaded outsideguilty to two 671 violations of any provision of this section or of any provision 672 of a municipal ordinance that is substantially similar to any 673 provision of this section, a misdemeanor of the urbanizedfourth areas.degree;

1075674 (6)(c) "UrbanizedIf, area"within hasone year of the sameoffense, meaningthe asoffender in675 23previously U.S.C.has been convicted of or pleaded guilty to three or 676 more violations of any provision of this section or of any 677 provision of a municipal ordinance that is substantially similar 678 to any provision of this section, a misdemeanor of the third 679 degree.

1076680 101.(2) If the offender operated a motor vehicle faster than 681 thirty-five miles an hour in a business district of a municipal 682 corporation, faster than fifty miles an hour in other portions 683 of a municipal corporation, or faster than thirty-five miles an 684 hour in a school zone during recess or while children are going 685 to or leaving school during the school's opening or closing 686 hours, a misdemeanor of the fourth degree.

1077Division (7)(P)(2) "Divided"of means687 athis roadwaysection havingdoes twonot orapply moreif travelpenalties 1078may lanesbe forimposed vehiclesunder moving688 indivision opposite(P)(1)(b) directionsor and(c) that is 1079 separated by a median of morethis thansection. four feet, excluding turn 1080 lanes.

1081689 (P)(1)(3) ANotwithstanding violationdivision (P)(1) of anythis provisionsection, ofif this690 sectionthe isoffender operated a motor vehicle in a construction zone 691 where one 1082or more construction workers were present and a sign 692 was then posted in accordance with section 4511.98 of the following:693 Revised Code, the court, in addition to all other penalties 694 provided by law, shall impose upon the offender a fine of two 695 times the usual amount imposed for the violation.

1083No (a)court Exceptshall as696 otherwiseimpose provideda fine of two times the usual amount imposed for the 697 violation upon an offender if the offender alleges, in divisionsan (P)(1)(b),698 1084affidavit (1)(c),filed (2),with andthe (3)court ofprior thisto section,the aoffender's minor699 misdemeanor;sentencing, that the offender is indigent and is unable to pay 700 Sub.

1085H. (b) If, within one year of the offense, the offender 1086 previously has been convicted of or pleaded guilty to two 1087 violations of any provision of this section or of any provision 1088 of a municipal ordinance that is substantially similar to any 1089 provision of this section, a misdemeanor of the fourth degree;

1090 (c) If, within one year of the offense, the offender 1091 previously has been convicted of or pleaded guilty to three or 1092 more violations of any provision of this section or of any 1093 provision of a municipal ordinance that is substantially similar 1094 to any provision of this section, a misdemeanor of the third 1095 degree.

1096 (2) If the offender operated a motor vehicle faster than 1097 thirty-five miles an hour in a business district of a municipal 1098 corporation, faster than fifty miles an hour in other portions 1099 of a municipal corporation, or faster than thirty-five miles an 1100 hour in a school zone during recess or while children are going 1101 to or leaving school during the school's opening or closing 1102 H.

82 Page 3925 As IntroducedReported hours,by athe misdemeanorHouse ofPublic Safety Committee the fourthfine degree.imposed pursuant to this division and if the court 701 determines that the offender is an indigent person and unable to 702 pay the fine.

Division703 (P)(2)(4) ofIf 1103the thisoffender sectioncommits doesthe notoffense applywhile ifdistracted penalties704 mayand bethe imposeddistracting underactivity 1104is divisiona (P)(1)(b)contributing orfactor (c)to the 705 commission of thisthe section.offense, the offender is subject to the 706 additional fine established under section 4511.991 of the 707 Revised Code.

1105708 (3)Sec. Notwithstanding division (P)(1) of this section, if 1106 the offender operated a motor vehicle in a construction zone 1107 where a sign was then posted in accordance with section 4511.98 1108 of the Revised Code, the both of the following apply:

11094511.98. (a) The court, in addition to all other penalties provided 1110 by law, shall impose upon the offender a fine of two times the 1111 usual amount imposed for the violation.

NoThe courtdirector shall impose a 1112 fine of twotransportation timesmay theestablish usual709 amountspeed imposedlimits forwithin theconstruction violationzones 1113that uponvary anbased offenderon if the offender710 alleges,type inof anwork affidavitbeing filedconducted, 1114 with the courttime priorof today, theor offender'sany sentencing,other that711 thecriteria 1115 offender is indigent and is unable to pay the finedirector imposedmay 1116consider pursuantappropriate. to this division and if the court determines that the 1117 offender is an indigent person and unable to pay the fine.

1118The (b)director, If712 divisionboard (C) of sectioncounty 4511.993commissioners, or board of thetownship Revisedtrustees 1119713 Codeshall alsocause applies,signs theto offenderbe iserected subjectadvising tomotorists thethat additional714 1120increased penalties establishedapply underfor thatcertain section.traffic violations 715 occurring on streets or highways in a construction zone.

1121The (4)716 Ifincreased thepenalties offendershall commitsbe theeffective offenseonly whilewhen distractedsigns 1122are and717 erected in accordance with the distractingguidelines activityand isdesign a718 contributingspecifications factorestablished toby the 1123director commissionunder section 5501.27 719 of the offense,Revised theCode, offenderand iswhen subjecta toviolation theoccurs 1124during additionalhours fineof established720 underactual sectionwork 4511.991within ofwhen theone 1125or Revisedmore Code.construction workers are 721 present in the construction zone.

1126722 Sec.

4511.211.5501.27.

(A) The ownerdirector of atransportation privateshall road723 oradopt drivewayrules 1127that locateddo in a private residential area containing twenty or more 1128 dwelling units may establish a speed limit on the roadfollowing: or 1129 driveway by complying with all of the following requirements:

1130724 (1) TheRules speedgoverning limitthe isposting notof lesssigns thanadvising twenty-five725 milesmotorists perthat 1131increased H.penalties apply for certain traffic 726 violations occurring on streets or highways in a construction 727 zone when one or more construction workers are present;

728 (2) Rules governing the posting of signs to be used 729 Sub.

H.

82 Page 4026 As IntroducedReported hourby andthe isHouse indicatedPublic bySafety aCommittee signpursuant thatto issection in2903.081 aof properthe position,Revised isCode 1132giving sufficientlynotice legible730 to bemotorists seenof bythe anprohibitions ordinarilyset observantforth 1133in person,sections 2903.06 731 and meets2903.08 of the specificationsRevised forCode regarding the basicdeath speedof limitor 1134injury sign732 includedto inany theperson manualin adopteda byconstruction thezone departmentas ofa 1135proximate transportationresult pursuantof toa section733 4511.09reckless ofoperation theoffense Revisedor Code;speeding offense.

1136734 (2)(B) The owner(B)(1) hasSubject postedto adivision sign(B)(2) atof thethis entrancesection, of735 the 1137rules privaterequired roadunder ordivisions driveway(A)(1) that is in plain view and clearly(2) 1138of informsthis persons736 enteringsection theshall roadinclude orguidelines drivewayto thatdetermine theywhich areareas 1139737 enteringlocations privateexterior property,to aand speedwithin limitthe hasconstruction beenzone establishedare 1140738 forappropriate theto road or driveway, and the speedposting limitof issuch enforceablesigns. by 1141 law enforcement officers under state law.

1142The (B)guidelines Nomay person739 shallinclude operateconsideration a vehicle upon a private road 1143 or driveway as provided in division (A) of thisthe sectionfollowing: at a 1144 speed exceeding any speed limit established and posted pursuant 1145 to that division.

1146 (C) When a speed limit is established and posted in 1147 accordance with division (A) of this section, any law 1148 enforcement officer may apprehend a person violating the speed740 1149(a) limitThe ofduration the residential area by utilizing any of the meanswork 1150on described in section 4511.091 of the Revisedstreet Code or byhighway, any 1151 other accepted method of determining the speed741 of; a motor 1152 vehicle and may stop and charge the person with exceeding the 1153 speed limit.

1154742 (D)(b) PointsThe shallproximity be assessed for violation of aworkers speedto 1155moving limittraffic, established and posted in accordance with division (A) of 1156 this section in accordance with section 4510.036 of the Revised; 1157 Code.

1158743 (E)(c) AsThe usedexistence inof thisany section:unusual or hazardous conditions, 744 the ;

1159745 (1)(d) "Owner"The includesvolume butof istraffic noton limitedthe tostreet aor personhighway, whoand 1160746 H.any ;

747 (e) Any other appropriate factors.

748 (2) Within the guidelines specified under division (B)(1) 749 of this section, the director shall specify that signs are 750 required to be posted for every construction zone, regardless of 751 the expected duration or the length of the construction zone on 752 the road or highway.

753 (3) The director shall formulate design specifications for 754 the signs described in division (A)(1) of this section advising 755 motorists of the increased penalties and the signs described in 756 division (A)(2) of this section notifying motorists of the 757 Sub.

H.

82 Page 4127 As IntroducedReported holdsby titlethe toHouse thePublic realSafety propertyCommittee inprohibitions feeset simple,forth ain condominiumsections 11612903.06 owners'and association,2903.08 aof propertythe owner's758 association,Revised theCode boardregarding 1162the death of directors or trusteesinjury ofto any person in a private759 community,construction andzone as a nonprofitproximate 1163result corporationof governing a privatereckless community.operation 760 offense or speeding offense as described in that division.

1164For (2)761 "Private(4) residentialFor areapurposes containingof twentytraffic orviolation morepenalties, 1165nothing dwelling762 units"in doesthis notsection includeis aintended Chautauquato assemblyconflict aswith 1166any definedstandard set 763 forth in sectionthe 4511.90federal manual of theuniform Revisedtraffic Code.control devices 764 for streets and highways.

1167765 (F)(1)(C) AAs violationused in this section and in section 4511.98 of divisionthe (B)766 Revised Code, "construction zone" means that lane or portion of this767 sectionstreet or highway open to vehicular traffic and adjacent to a 768 lane, berm, or shoulder of a street or highway within which 769 lane, berm, or shoulder construction, reconstruction, 770 resurfacing, or any other work of a repair or maintenance 771 nature, including public utility work, is onebeing 1168conducted, 772 commencing with the point where the first worker or piece of 773 equipment is located and ending where the following:last worker or piece 774 of equipment is located.

1169775 (a)Section Except2. as otherwise provided in divisions (F)(1)(b) 1170 and (c) of this section, a minor misdemeanor;

1171That (b)existing If,sections within4508.02, one4511.20, year776 of4511.21, the4511.98, offense,and the5501.27 offender 1172 previously has been convicted of orthe pleadedRevised guiltyCode toare twohereby 1173777 violationsrepealed. of division (B) of this section or of any municipal 1174 ordinance that is substantially similar to division (B) of this 1175 section, a misdemeanor of the fourth degree;

1176778 (c)Section If,3. within one year of the offense, the offender 1177 previously has been convicted of or pleaded guilty to three or 1178 more violations of division (B) of this section or of any 1179 municipal ordinance that is substantially similar to division 1180 (B) of this section, a misdemeanor of the third degree.

1181This (2)act Ifshall thebe offenderknown commitsas the offenseTrenton whileGallaway distracted779 1182Work andZone theSafety distractingAct. activity is a contributing factor to the 1183 commission of the offense, the offender is subject to the 1184 additional fine established under section 4511.991 of the 1185 Revised Code.

1186780 (3) If the offender commits the offense while operating a 1187 motor vehicle in a construction zone and division (C) of section 1188 4511.993 of the Revised Code applies, the offender is subject to 1189 H.

B.

No.

82 Page 42 As Introduced the additional penalties established under that section.

1190 Sec.

4511.213.

(A) The driver of a motor vehicle, upon 1191 approaching a stationary public safety vehicle, emergency 1192 vehicle, road service vehicle, waste collection vehicle, vehicle 1193 used by the public utilities commission to conduct motor vehicle 1194 inspections in accordance with sections 4923.04 and 4923.06 of 1195 the Revised Code, or a highway maintenance vehicle that is 1196 displaying the appropriate visual signals by means of flashing, 1197 oscillating, or rotating lights, as prescribed in section 1198 4513.17 of the Revised Code, shall do either of the following:

1199 (1) If the driver of the motor vehicle is traveling on a 1200 highway that consists of at least two lanes that carry traffic 1201 in the same direction of travel as that of the driver's motor 1202 vehicle, the driver shall proceed with due caution and, if 1203 possible and with due regard to the road, weather, and traffic 1204 conditions, shall change lanes into a lane that is not adjacent 1205 to that of the stationary public safety vehicle, emergency 1206 vehicle, road service vehicle, waste collection vehicle, vehicle 1207 used by the public utilities commission to conduct motor vehicle 1208 inspections in accordance with sections 4923.04 and 4923.06 of 1209 the Revised Code, or a highway maintenance vehicle.

1210 (2) If the driver is not traveling on a highway of a type 1211 described in division (A)(1) of this section, or if the driver 1212 is traveling on a highway of that type but it is not possible to 1213 change lanes or if to do so would be unsafe, the driver shall 1214 proceed with due caution, reduce the speed of the motor vehicle, 1215 and maintain a safe speed for the road, weather, and traffic 1216 conditions.

1217 (B) This section does not relieve the driver of a public 1218 safety vehicle, emergency vehicle, road service vehicle, waste 1219 H.

B.

No.

82 Page 43 As Introduced collection vehicle, vehicle used by the public utilities 1220 commission to conduct motor vehicle inspections in accordance 1221 with sections 4923.04 and 4923.06 of the Revised Code, or a 1222 highway maintenance vehicle from the duty to drive with due 1223 regard for the safety of all persons and property upon the 1224 highway.

1225 (C) No person shall fail to drive a motor vehicle in 1226 compliance with division (A)(1) or (2) of this section when so 1227 required by division (A) of this section.

1228 (D)(1) Except as otherwise provided in this division, 1229 whoever violates this section is guilty of a minor misdemeanor.

1230 If, within one year of the offense, the offender previously has 1231 been convicted of or pleaded guilty to one predicate motor 1232 vehicle or traffic offense, whoever violates this section is 1233 guilty of a misdemeanor of the fourth degree.

If, within one 1234 year of the offense, the offender previously has been convicted 1235 of two or more predicate motor vehicle or traffic offenses, 1236 whoever violates this section is guilty of a misdemeanor of the 1237 third degree.

1238 (2) Notwithstanding section 2929.28 of the Revised Code, 1239 upon a finding that a person operated a motor vehicle in 1240 violation of division (C) of this section, the court, in 1241 addition to all other penalties provided by law, shall impose a 1242 fine of two times the usual amount imposed for the violation.

1243 (3) If the offender commits the offense while distracted 1244 and the distracting activity is a contributing factor to the 1245 commission of the offense, the offender is subject to the 1246 additional fine established under section 4511.991 of the 1247 Revised Code.

1248 H.

B.

No.

82 Page 44 As Introduced (4) If the offender commits the offense while operating a 1249 motor vehicle in a construction zone and division (C) of section 1250 4511.993 of the Revised Code applies, the offender is subject to 1251 the additional penalties established under that section.

1252 (E) The offense established under this section is a strict 1253 liability offense and section 2901.20 of the Revised Code does 1254 not apply.

The designation of this offense as a strict liability 1255 offense shall not be construed to imply that any other offense, 1256 for which there is no specified degree of culpability, is not a 1257 strict liability offense.

1258 Sec.

4511.22.

(A) No person shall stop or operate a 1259 vehicle, trackless trolley, or street car at such an 1260 unreasonably slow speed as to impede or block the normal and 1261 reasonable movement of traffic, except when stopping or reduced 1262 speed is necessary for safe operation or to comply with law.

1263 (B) Whenever the director of transportation or local 1264 authorities determine on the basis of an engineering and traffic 1265 investigation that slow speeds on any part of a controlled- 1266 access highway, expressway, or freeway consistently impede the 1267 normal and reasonable movement of traffic, the director or such 1268 local authority may declare a minimum speed limit below which no 1269 person shall operate a motor vehicle, trackless trolley, or 1270 street car except when necessary for safe operation or in 1271 compliance with law.

No minimum speed limit established 1272 hereunder shall be less than thirty miles per hour, greater than 1273 fifty miles per hour, nor effective until the provisions of 1274 section 4511.21 of the Revised Code, relating to appropriate 1275 signs, have been fulfilled and local authorities have obtained 1276 the approval of the director.

1277 (C) In a case involving a violation of this section, the 1278 H.

B.

No.

82 Page 45 As Introduced trier of fact, in determining whether the vehicle was being 1279 operated at an unreasonably slow speed, shall consider the 1280 capabilities of the vehicle and its operator.

1281 (D) Except as otherwise provided in this division, whoever 1282 violates this section is guilty of a minor misdemeanor.

If, 1283 within one year of the offense, the offender previously has been 1284 convicted of or pleaded guilty to one predicate motor vehicle or 1285 traffic offense, whoever violates this section is guilty of a 1286 misdemeanor of the fourth degree.

If, within one year of the 1287 offense, the offender previously has been convicted of two or 1288 more predicate motor vehicle or traffic offenses, whoever 1289 violates this section is guilty of a misdemeanor of the third 1290 degree.

1291 If the offender commits the offense while distracted and 1292 the distracting activity is a contributing factor to the 1293 commission of the offense, the offender is subject to the 1294 additional fine established under section 4511.991 of the 1295 Revised Code.

1296 If the offender commits the offense while operating a 1297 motor vehicle in a construction zone and division (C) of section 1298 4511.993 of the Revised Code applies, the offender is subject to 1299 the additional penalties established under that section.

1300 Sec.

4511.23.

(A) No person shall operate a vehicle, 1301 trackless trolley, or streetcar over any bridge or other 1302 elevated structure constituting a part of a highway at a speed 1303 which is greater than the maximum speed that can be maintained 1304 with safety to such bridge or structure, when such structure is 1305 posted with signs as provided in this section.

1306 The department of transportation upon request from any 1307 H.

B.

No.

82 Page 46 As Introduced local authority shall, or upon its own initiative may, conduct 1308 an investigation of any bridge or other elevated structure 1309 constituting a part of a highway, and if it finds that such 1310 structure cannot with safety withstand traffic traveling at the 1311 speed otherwise permissible under sections 4511.01 to 4511.85 1312 and 4511.98 4511.993 of the Revised Code, the department shall 1313 determine and declare the maximum speed of traffic which such 1314 structure can withstand, and shall cause or permit suitable 1315 signs stating such maximum speed to be erected and maintained at 1316 a distance of at least one hundred feet before each end of such 1317 structure.

1318 Upon the trial of any person charged with a violation of 1319 this section, proof of said determination of the maximum speed 1320 by the department and the existence of said signs shall 1321 constitute prima-facie evidence of the maximum speed which can 1322 be maintained with safety to such bridge or structure.

1323 (B) Except as otherwise provided in this division, whoever 1324 violates this section is guilty of a minor misdemeanor.

If, 1325 within one year of the offense, the offender previously has been 1326 convicted of or pleaded guilty to one predicate motor vehicle or 1327 traffic offense, whoever violates this section is guilty of a 1328 misdemeanor of the fourth degree.

If, within one year of the 1329 offense, the offender previously has been convicted of two or 1330 more predicate motor vehicle or traffic offenses, whoever 1331 violates this section is guilty of a misdemeanor of the third 1332 degree.

1333 If the offender commits the offense while distracted and 1334 the distracting activity is a contributing factor to the 1335 commission of the offense, the offender is subject to the 1336 additional fine established under section 4511.991 of the 1337 H.

B.

No.

82 Page 47 As Introduced Revised Code.

1338 If the offender commits the offense while operating a 1339 motor vehicle in a construction zone and division (C) of section 1340 4511.993 of the Revised Code applies, the offender is subject to 1341 the additional penalties established under that section.

1342 Sec.

4511.25.

(A) Upon all roadways of sufficient width, a 1343 vehicle or trackless trolley shall be driven upon the right half 1344 of the roadway, except as follows:

1345 (1) When overtaking and passing another vehicle proceeding 1346 in the same direction, or when making a left turn under the 1347 rules governing such movements;

1348 (2) When an obstruction exists making it necessary to 1349 drive to the left of the center of the highway;

provided, any 1350 person so doing shall yield the right of way to all vehicles 1351 traveling in the proper direction upon the unobstructed portion 1352 of the highway within such distance as to constitute an 1353 immediate hazard;

1354 (3) When driving upon a roadway divided into three or more 1355 marked lanes for traffic under the rules applicable thereon;