Bill Text: OH HB316 | 2011-2012 | 129th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To prohibit motorcycle handlebars from being higher than the shoulders of the operator when the operator is seated in the operator's seat or saddle. [Track Bill]

Status: 2012-05-10 - Committee Report - A [HB316 Detail]

Download: Ohio-2011-HB316-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 316

Representatives Rosenberger, Landis 

Cosponsors: Representatives Brenner, Bubp, Butler, Gerberry, Gonzales, Johnson, Letson 

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A BILL

To amend section 4511.53 of the Revised Code to

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permit motorcycle handlebars to be of any height

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so long as the height does not adversely affect

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the ability of the operator to operate the

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motorcycle safely.

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

Section 1. That section 4511.53 of the Revised Code be	6
amended to read as follows:	7

Sec. 4511.53.  (A) For purposes of this section, "snowmobile"	8
has the same meaning as given that term in section 4519.01 of the	9
Revised Code.	10

(B) No person operating a bicycle shall ride other than upon	11
or astride the permanent and regular seat attached thereto or	12
carry any other person upon such bicycle other than upon a firmly	13
attached and regular seat thereon, and no person shall ride upon a	14
bicycle other than upon such a firmly attached and regular seat.	15

No person operating a motorcycle shall ride other than upon	16
or astride the permanent and regular seat or saddle attached	17
thereto, or carry any other person upon such motorcycle other than	18
upon a firmly attached and regular seat or saddle thereon, and no	19
person shall ride upon a motorcycle other than upon such a firmly	20
attached and regular seat or saddle.	21

No person shall ride upon a motorcycle that is equipped with	22
a saddle other than while sitting astride the saddle, facing	23
forward, with one leg on each side of the motorcycle.	24

No person shall ride upon a motorcycle that is equipped with	25
a seat other than while sitting upon the seat.	26

No person operating a bicycle shall carry any package,	27
bundle, or article that prevents the driver from keeping at least	28
one hand upon the handle barshandlebars.	29

No bicycle or motorcycle shall be used to carry more persons	30
at one time than the number for which it is designed and equipped,	31
nor shall any. No motorcycle shall be operated on a highway when	32
the handle barshandlebars or grips are more than fifteen inches	33
higher than the seat or saddle forat a height that adversely	34
affects the ability of the operator to operate the motorcycle	35
safely and the operator, when the motorcycle is not in motion and	36
while keeping both hands on the grips, is not able to turn the	37
front wheel or wheels at least forty-five degrees to both the left	38
and right directions.	39

No person shall operate or be a passenger on a snowmobile or	40
motorcycle without using safety glasses or other protective eye	41
device. No person who is under the age of eighteen years, or who	42
holds a motorcycle operator's endorsement or license bearing a	43
"novice" designation that is currently in effect as provided in	44
section 4507.13 of the Revised Code, shall operate a motorcycle on	45
a highway, or be a passenger on a motorcycle, unless wearing a	46
protective helmet on the person's head, and no other person shall	47
be a passenger on a motorcycle operated by such a person unless	48
similarly wearing a protective helmet. The helmet, safety glasses,	49
or other protective eye device shall conform with rules adopted by	50
the director of public safety. The provisions of this paragraph or	51
a violation thereof shall not be used in the trial of any civil	52
action.	53

(C)(1) No person shall operate a motorcycle with a valid	54
temporary instruction permit and temporary instruction permit	55
identification card issued by the registrar of motor vehicles	56
pursuant to section 4507.05 of the Revised Code unless the person,	57
at the time of such operation, is wearing on the person's head a	58
protective helmet that conforms with rules adopted by the	59
director.	60

(2) No person shall operate a motorcycle with a valid	61
temporary instruction permit and temporary instruction permit	62
identification card issued by the registrar pursuant to section	63
4507.05 of the Revised Code in any of the following circumstances:	64

(a) At any time when lighted lights are required by division	65
(A)(1) of section 4513.03 of the Revised Code;	66

(b) While carrying a passenger;

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(c) On any limited access highway.

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(D) Nothing in this section shall be construed as prohibiting	69
the carrying of a child in a seat or trailer that is designed for	70
carrying children and is firmly attached to the bicycle.	71

(E) Except as otherwise provided in this division, whoever	72
violates this section is guilty of a minor misdemeanor. If, within	73
one year of the offense, the offender previously has been	74
convicted of or pleaded guilty to one predicate motor vehicle or	75
traffic offense, whoever violates this section is guilty of a	76
misdemeanor of the fourth degree. If, within one year of the	77
offense, the offender previously has been convicted of two or more	78
predicate motor vehicle or traffic offenses, whoever violates this	79
section is guilty of a misdemeanor of the third degree.	80

Section 2. That existing section 4511.53 of the Revised Code	81
is hereby repealed.	82