Bill Text: OH HB145 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: To provide that when a motor vehicle passes a bicycle the safe passing distance to the left is three feet, and to alter the protocol for proceeding into an intersection that has malfunctioning traffic lights.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-28 - Committee Report [HB145 Detail]

Download: Ohio-2013-HB145-Comm_Sub.html

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As Reported by the House Transportation, Public Safety, and Homeland Security Committee

130th General Assembly Regular Session 2013-2014

H. B. No. 145

Representative Henne 

Cosponsors: Representatives Antonio, Brenner, Fedor, Sykes, Duffey, Stebelton, Wachtmann, Foley, Stinziano, Rogers, Damschroder, Mallory, Hagan, R. 

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A BILL

To amend sections 4511.132 and 4511.27 of the Revised

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Code to provide that when a motor vehicle passes a

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bicycle the safe passing distance to the left is

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three feet, and to alter the protocol for

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proceeding into an intersection that has

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malfunctioning traffic lights.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4511.132 and 4511.27 of the Revised	7
Code be amended to read as follows:	8

Sec. 4511.132.  (A) The driver of a vehicle, streetcar, or	9
trackless trolley who approaches an intersection where traffic is	10
controlled by traffic control signals shall do all of the	11
following, if the signal facing the driver either exhibits no	12
colored lights or colored lighted arrows or, exhibits a	13
combination of such lights or arrows that fails to clearly	14
indicate the assignment of right-of-way, or the signals are	15
otherwise malfunctioning, including the failure of a vehicle	16
detector to detect the vehicle:	17

(1) Stop at a clearly marked stop line, but if none, stop	18
before entering the crosswalk on the near side of the	19
intersection, or, if none, stop before entering the intersection;	20

(2) Yield the right-of-way to all vehicles, streetcars, or	21
trackless trolleys in the intersection or approaching on an	22
intersecting road, if the vehicles, streetcars, or trackless	23
trolleys will constitute an immediate hazard during the time the	24
driver is moving across or within the intersection or junction of	25
roadways;	26

(3) Exercise ordinary care while proceeding through the	27
intersection.	28

(B) Except as otherwise provided in this division, whoever	29
violates this section is guilty of a minor misdemeanor. If, within	30
one year of the offense, the offender previously has been	31
convicted of or pleaded guilty to one predicate motor vehicle or	32
traffic offense, whoever violates this section is guilty of a	33
misdemeanor of the fourth degree. If, within one year of the	34
offense, the offender previously has been convicted of two or more	35
predicate motor vehicle or traffic offenses, whoever violates this	36
section is guilty of a misdemeanor of the third degree.	37

Sec. 4511.27.  (A) The following rules govern the overtaking	38
and passing of vehicles or trackless trolleys proceeding in the	39
same direction:	40

(1) The operator of a vehicle or trackless trolley overtaking	41
another vehicle or trackless trolley proceeding in the same	42
direction shall, except as provided in division (A)(3) of this	43
section, signal to the vehicle or trackless trolley to be	44
overtaken, shall pass to the left thereof at a safe distance, and	45
shall not again drive to the right side of the roadway until	46
safely clear of the overtaken vehicle or trackless trolley. When a	47
motor vehicle or trackless trolley overtakes and passes a bicycle,	48
the safe passing distance to the left shall be not less than three	49
feet.	50

(2) Except when overtaking and passing on the right is	51
permitted, the operator of an overtaken vehicle shall give way to	52
the right in favor of the overtaking vehicle at the latter's	53
audible signal, and the operator shall not increase the speed of	54
the operator's vehicle until completely passed by the overtaking	55
vehicle.	56

(3) The operator of a vehicle or trackless trolley overtaking	57
and passing another vehicle or trackless trolley proceeding in the	58
same direction on a divided highway as defined in section 4511.35	59
of the Revised Code, a limited access highway as defined in	60
section 5511.02 of the Revised Code, or a highway with four or	61
more traffic lanes, is not required to signal audibly to the	62
vehicle or trackless trolley being overtaken and passed.	63

(B) Except as otherwise provided in this division, whoever	64
violates this section is guilty of a minor misdemeanor. If, within	65
one year of the offense, the offender previously has been	66
convicted of or pleaded guilty to one predicate motor vehicle or	67
traffic offense, whoever violates this section is guilty of a	68
misdemeanor of the fourth degree. If, within one year of the	69
offense, the offender previously has been convicted of two or more	70
predicate motor vehicle or traffic offenses, whoever violates this	71
section is guilty of a misdemeanor of the third degree.	72

Section 2. That existing sections 4511.132 and 4511.27 of the	73
Revised Code are hereby repealed.	74