Bill Text: OH HB514 | 2011-2012 | 129th General Assembly | Comm Sub
Bill Title: To authorize the Director of Transportation to enter into an agreement or contract with any entity to establish a traveler information program to provide real-time traffic conditions and travel time information at no cost to the traveler, to require motor vehicle operators to take certain actions upon approaching a highway maintenance vehicle, and to modify the standard for determining the amount of the performance and payment bonds for certain Department of Transportation contracts.
Spectrum: Slight Partisan Bill (Democrat 14-7)
Status: (Engrossed - Dead) 2012-12-05 - Committee Report - S [HB514 Detail]
Download: Ohio-2011-HB514-Comm_Sub.html
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Representative Newbold
Cosponsors:
Representatives Antonio, Barnes, Boyd, Celebrezze, Damschroder, Fende, Hackett, Kozlowski, Luckie, Mallory, Murray, O'Brien, Patmon, Ruhl, Sykes, Szollosi, Winburn, Yuko Speaker Batchelder
Senator LaRose
To amend sections 4511.01, 4511.04, 4511.213, | 1 |
5501.03, and 5525.16 of the Revised Code to | 2 |
authorize the Director of Transportation to enter | 3 |
into an agreement or contract with any entity to | 4 |
establish a traveler information program to | 5 |
provide real-time traffic conditions and travel | 6 |
time information at no cost to the traveler, to | 7 |
require motor vehicle operators to take certain | 8 |
actions upon approaching a highway maintenance | 9 |
vehicle, and to modify the standard for | 10 |
determining the amount of the performance and | 11 |
payment bonds for certain Department of | 12 |
Transportation contracts. | 13 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.01, 4511.04, 4511.213, 5501.03, | 14 |
and 5525.16 of the Revised Code be amended to read as follows: | 15 |
Sec. 4511.01. As used in this chapter and in Chapter 4513. | 16 |
of the Revised Code: | 17 |
(A) "Vehicle" means every device, including a motorized | 18 |
bicycle, in, upon, or by which any person or property may be | 19 |
transported or drawn upon a highway, except that "vehicle" does | 20 |
not include any motorized wheelchair, any electric personal | 21 |
assistive mobility device, any device that is moved by power | 22 |
collected from overhead electric trolley wires or that is used | 23 |
exclusively upon stationary rails or tracks, or any device, other | 24 |
than a bicycle, that is moved by human power. | 25 |
(B) "Motor vehicle" means every vehicle propelled or drawn by | 26 |
power other than muscular power or power collected from overhead | 27 |
electric trolley wires, except motorized bicycles, road rollers, | 28 |
traction engines, power shovels, power cranes, and other equipment | 29 |
used in construction work and not designed for or employed in | 30 |
general highway transportation, hole-digging machinery, | 31 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 32 |
and trailers designed and used exclusively to transport a boat | 33 |
between a place of storage and a marina, or in and around a | 34 |
marina, when drawn or towed on a street or highway for a distance | 35 |
of no more than ten miles and at a speed of twenty-five miles per | 36 |
hour or less. | 37 |
(C) "Motorcycle" means every motor vehicle, other than a | 38 |
tractor, having a seat or saddle for the use of the operator and | 39 |
designed to travel on not more than three wheels in contact with | 40 |
the ground, including, but not limited to, motor vehicles known as | 41 |
"motor-driven cycle," "motor scooter," or "motorcycle" without | 42 |
regard to weight or brake horsepower. | 43 |
(D) "Emergency vehicle" means emergency vehicles of | 44 |
municipal, township, or county departments or public utility | 45 |
corporations when identified as such as required by law, the | 46 |
director of public safety, or local authorities, and motor | 47 |
vehicles when commandeered by a police officer. | 48 |
(E) "Public safety vehicle" means any of the following: | 49 |
(1) Ambulances, including private ambulance companies under | 50 |
contract to a municipal corporation, township, or county, and | 51 |
private ambulances and nontransport vehicles bearing license | 52 |
plates issued under section 4503.49 of the Revised Code; | 53 |
(2) Motor vehicles used by public law enforcement officers or | 54 |
other persons sworn to enforce the criminal and traffic laws of | 55 |
the state; | 56 |
(3) Any motor vehicle when properly identified as required by | 57 |
the director of public safety, when used in response to fire | 58 |
emergency calls or to provide emergency medical service to ill or | 59 |
injured persons, and when operated by a duly qualified person who | 60 |
is a member of a volunteer rescue service or a volunteer fire | 61 |
department, and who is on duty pursuant to the rules or directives | 62 |
of that service. The state fire marshal shall be designated by the | 63 |
director of public safety as the certifying agency for all public | 64 |
safety vehicles described in division (E)(3) of this section. | 65 |
(4) Vehicles used by fire departments, including motor | 66 |
vehicles when used by volunteer fire fighters responding to | 67 |
emergency calls in the fire department service when identified as | 68 |
required by the director of public safety. | 69 |
Any vehicle used to transport or provide emergency medical | 70 |
service to an ill or injured person, when certified as a public | 71 |
safety vehicle, shall be considered a public safety vehicle when | 72 |
transporting an ill or injured person to a hospital regardless of | 73 |
whether such vehicle has already passed a hospital. | 74 |
(5) Vehicles used by the motor carrier enforcement unit for | 75 |
the enforcement of orders and rules of the public utilities | 76 |
commission as specified in section 5503.34 of the Revised Code. | 77 |
(F) "School bus" means every bus designed for carrying more | 78 |
than nine passengers that is owned by a public, private, or | 79 |
governmental agency or institution of learning and operated for | 80 |
the transportation of children to or from a school session or a | 81 |
school function, or owned by a private person and operated for | 82 |
compensation for the transportation of children to or from a | 83 |
school session or a school function, provided "school bus" does | 84 |
not include a bus operated by a municipally owned transportation | 85 |
system, a mass transit company operating exclusively within the | 86 |
territorial limits of a municipal corporation, or within such | 87 |
limits and the territorial limits of municipal corporations | 88 |
immediately contiguous to such municipal corporation, nor a common | 89 |
passenger carrier certified by the public utilities commission | 90 |
unless such bus is devoted exclusively to the transportation of | 91 |
children to and from a school session or a school function, and | 92 |
"school bus" does not include a van or bus used by a licensed | 93 |
child day-care center or type A family day-care home to transport | 94 |
children from the child day-care center or type A family day-care | 95 |
home to a school if the van or bus does not have more than fifteen | 96 |
children in the van or bus at any time. | 97 |
(G) "Bicycle" means every device, other than a tricycle | 98 |
designed solely for use as a play vehicle by a child, propelled | 99 |
solely by human power upon which any person may ride having two | 100 |
tandem wheels, or one wheel in the front and two wheels in the | 101 |
rear, or two wheels in the front and one wheel in the rear, any of | 102 |
which is more than fourteen inches in diameter. | 103 |
(H) "Motorized bicycle" means any vehicle having either two | 104 |
tandem wheels or one wheel in the front and two wheels in the | 105 |
rear, that is capable of being pedaled and is equipped with a | 106 |
helper motor of not more than fifty cubic centimeters piston | 107 |
displacement that produces no more than one brake horsepower and | 108 |
is capable of propelling the vehicle at a speed of no greater than | 109 |
twenty miles per hour on a level surface. | 110 |
(I) "Commercial tractor" means every motor vehicle having | 111 |
motive power designed or used for drawing other vehicles and not | 112 |
so constructed as to carry any load thereon, or designed or used | 113 |
for drawing other vehicles while carrying a portion of such other | 114 |
vehicles, or load thereon, or both. | 115 |
(J) "Agricultural tractor" means every self-propelling | 116 |
vehicle designed or used for drawing other vehicles or wheeled | 117 |
machinery but having no provision for carrying loads independently | 118 |
of such other vehicles, and used principally for agricultural | 119 |
purposes. | 120 |
(K) "Truck" means every motor vehicle, except trailers and | 121 |
semitrailers, designed and used to carry property. | 122 |
(L) "Bus" means every motor vehicle designed for carrying | 123 |
more than nine passengers and used for the transportation of | 124 |
persons other than in a ridesharing arrangement, and every motor | 125 |
vehicle, automobile for hire, or funeral car, other than a taxicab | 126 |
or motor vehicle used in a ridesharing arrangement, designed and | 127 |
used for the transportation of persons for compensation. | 128 |
(M) "Trailer" means every vehicle designed or used for | 129 |
carrying persons or property wholly on its own structure and for | 130 |
being drawn by a motor vehicle, including any such vehicle when | 131 |
formed by or operated as a combination of a "semitrailer" and a | 132 |
vehicle of the dolly type, such as that commonly known as a | 133 |
"trailer dolly," a vehicle used to transport agricultural produce | 134 |
or agricultural production materials between a local place of | 135 |
storage or supply and the farm when drawn or towed on a street or | 136 |
highway at a speed greater than twenty-five miles per hour, and a | 137 |
vehicle designed and used exclusively to transport a boat between | 138 |
a place of storage and a marina, or in and around a marina, when | 139 |
drawn or towed on a street or highway for a distance of more than | 140 |
ten miles or at a speed of more than twenty-five miles per hour. | 141 |
(N) "Semitrailer" means every vehicle designed or used for | 142 |
carrying persons or property with another and separate motor | 143 |
vehicle so that in operation a part of its own weight or that of | 144 |
its load, or both, rests upon and is carried by another vehicle. | 145 |
(O) "Pole trailer" means every trailer or semitrailer | 146 |
attached to the towing vehicle by means of a reach, pole, or by | 147 |
being boomed or otherwise secured to the towing vehicle, and | 148 |
ordinarily used for transporting long or irregular shaped loads | 149 |
such as poles, pipes, or structural members capable, generally, of | 150 |
sustaining themselves as beams between the supporting connections. | 151 |
(P) "Railroad" means a carrier of persons or property | 152 |
operating upon rails placed principally on a private right-of-way. | 153 |
(Q) "Railroad train" means a steam engine or an electric or | 154 |
other motor, with or without cars coupled thereto, operated by a | 155 |
railroad. | 156 |
(R) "Streetcar" means a car, other than a railroad train, for | 157 |
transporting persons or property, operated upon rails principally | 158 |
within a street or highway. | 159 |
(S) "Trackless trolley" means every car that collects its | 160 |
power from overhead electric trolley wires and that is not | 161 |
operated upon rails or tracks. | 162 |
(T) "Explosives" means any chemical compound or mechanical | 163 |
mixture that is intended for the purpose of producing an explosion | 164 |
that contains any oxidizing and combustible units or other | 165 |
ingredients in such proportions, quantities, or packing that an | 166 |
ignition by fire, by friction, by concussion, by percussion, or by | 167 |
a detonator of any part of the compound or mixture may cause such | 168 |
a sudden generation of highly heated gases that the resultant | 169 |
gaseous pressures are capable of producing destructive effects on | 170 |
contiguous objects, or of destroying life or limb. Manufactured | 171 |
articles shall not be held to be explosives when the individual | 172 |
units contain explosives in such limited quantities, of such | 173 |
nature, or in such packing, that it is impossible to procure a | 174 |
simultaneous or a destructive explosion of such units, to the | 175 |
injury of life, limb, or property by fire, by friction, by | 176 |
concussion, by percussion, or by a detonator, such as fixed | 177 |
ammunition for small arms, firecrackers, or safety fuse matches. | 178 |
(U) "Flammable liquid" means any liquid that has a flash | 179 |
point of seventy degrees fahrenheit, or less, as determined by a | 180 |
tagliabue or equivalent closed cup test device. | 181 |
(V) "Gross weight" means the weight of a vehicle plus the | 182 |
weight of any load thereon. | 183 |
(W) "Person" means every natural person, firm, | 184 |
co-partnership, association, or corporation. | 185 |
(X) "Pedestrian" means any natural person afoot. | 186 |
(Y) "Driver or operator" means every person who drives or is | 187 |
in actual physical control of a vehicle, trackless trolley, or | 188 |
streetcar. | 189 |
(Z) "Police officer" means every officer authorized to direct | 190 |
or regulate traffic, or to make arrests for violations of traffic | 191 |
regulations. | 192 |
(AA) "Local authorities" means every county, municipal, and | 193 |
other local board or body having authority to adopt police | 194 |
regulations under the constitution and laws of this state. | 195 |
(BB) "Street" or "highway" means the entire width between the | 196 |
boundary lines of every way open to the use of the public as a | 197 |
thoroughfare for purposes of vehicular travel. | 198 |
(CC) "Controlled-access highway" means every street or | 199 |
highway in respect to which owners or occupants of abutting lands | 200 |
and other persons have no legal right of access to or from the | 201 |
same except at such points only and in such manner as may be | 202 |
determined by the public authority having jurisdiction over such | 203 |
street or highway. | 204 |
(DD) "Private road or driveway" means every way or place in | 205 |
private ownership used for vehicular travel by the owner and those | 206 |
having express or implied permission from the owner but not by | 207 |
other persons. | 208 |
(EE) "Roadway" means that portion of a highway improved, | 209 |
designed, or ordinarily used for vehicular travel, except the berm | 210 |
or shoulder. If a highway includes two or more separate roadways | 211 |
the term "roadway" means any such roadway separately but not all | 212 |
such roadways collectively. | 213 |
(FF) "Sidewalk" means that portion of a street between the | 214 |
curb lines, or the lateral lines of a roadway, and the adjacent | 215 |
property lines, intended for the use of pedestrians. | 216 |
(GG) "Laned highway" means a highway the roadway of which is | 217 |
divided into two or more clearly marked lanes for vehicular | 218 |
traffic. | 219 |
(HH) "Through highway" means every street or highway as | 220 |
provided in section 4511.65 of the Revised Code. | 221 |
(II) "State highway" means a highway under the jurisdiction | 222 |
of the department of transportation, outside the limits of | 223 |
municipal corporations, provided that the authority conferred upon | 224 |
the director of transportation in section 5511.01 of the Revised | 225 |
Code to erect state highway route markers and signs directing | 226 |
traffic shall not be modified by sections 4511.01 to 4511.79 and | 227 |
4511.99 of the Revised Code. | 228 |
(JJ) "State route" means every highway that is designated | 229 |
with an official state route number and so marked. | 230 |
(KK) "Intersection" means: | 231 |
(1) The area embraced within the prolongation or connection | 232 |
of the lateral curb lines, or, if none, the lateral boundary lines | 233 |
of the roadways of two highways that join one another at, or | 234 |
approximately at, right angles, or the area within which vehicles | 235 |
traveling upon different highways that join at any other angle | 236 |
might come into conflict. The junction of an alley or driveway | 237 |
with a roadway or highway does not constitute an intersection | 238 |
unless the roadway or highway at the junction is controlled by a | 239 |
traffic control device. | 240 |
(2) If a highway includes two roadways that are thirty feet | 241 |
or more apart, then every crossing of each roadway of such divided | 242 |
highway by an intersecting highway constitutes a separate | 243 |
intersection. If both intersecting highways include two roadways | 244 |
thirty feet or more apart, then every crossing of any two roadways | 245 |
of such highways constitutes a separate intersection. | 246 |
(3) At a location controlled by a traffic control signal, | 247 |
regardless of the distance between the separate intersections as | 248 |
described in division (KK)(2) of this section: | 249 |
(a) If a stop line, yield line, or crosswalk has not been | 250 |
designated on the roadway within the median between the separate | 251 |
intersections, the two intersections and the roadway and median | 252 |
constitute one intersection. | 253 |
(b) Where a stop line, yield line, or crosswalk line is | 254 |
designated on the roadway on the intersection approach, the area | 255 |
within the crosswalk and any area beyond the designated stop line | 256 |
or yield line constitute part of the intersection. | 257 |
(c) Where a crosswalk is designated on a roadway on the | 258 |
departure from the intersection, the intersection includes the | 259 |
area that extends to the far side of the crosswalk. | 260 |
(LL) "Crosswalk" means: | 261 |
(1) That part of a roadway at intersections ordinarily | 262 |
included within the real or projected prolongation of property | 263 |
lines and curb lines or, in the absence of curbs, the edges of the | 264 |
traversable roadway; | 265 |
(2) Any portion of a roadway at an intersection or elsewhere, | 266 |
distinctly indicated for pedestrian crossing by lines or other | 267 |
markings on the surface; | 268 |
(3) Notwithstanding divisions (LL)(1) and (2) of this | 269 |
section, there shall not be a crosswalk where local authorities | 270 |
have placed signs indicating no crossing. | 271 |
(MM) "Safety zone" means the area or space officially set | 272 |
apart within a roadway for the exclusive use of pedestrians and | 273 |
protected or marked or indicated by adequate signs as to be | 274 |
plainly visible at all times. | 275 |
(NN) "Business district" means the territory fronting upon a | 276 |
street or highway, including the street or highway, between | 277 |
successive intersections within municipal corporations where fifty | 278 |
per cent or more of the frontage between such successive | 279 |
intersections is occupied by buildings in use for business, or | 280 |
within or outside municipal corporations where fifty per cent or | 281 |
more of the frontage for a distance of three hundred feet or more | 282 |
is occupied by buildings in use for business, and the character of | 283 |
such territory is indicated by official traffic control devices. | 284 |
(OO) "Residence district" means the territory, not comprising | 285 |
a business district, fronting on a street or highway, including | 286 |
the street or highway, where, for a distance of three hundred feet | 287 |
or more, the frontage is improved with residences or residences | 288 |
and buildings in use for business. | 289 |
(PP) "Urban district" means the territory contiguous to and | 290 |
including any street or highway which is built up with structures | 291 |
devoted to business, industry, or dwelling houses situated at | 292 |
intervals of less than one hundred feet for a distance of a | 293 |
quarter of a mile or more, and the character of such territory is | 294 |
indicated by official traffic control devices. | 295 |
(QQ) "Traffic control device" means a flagger, sign, signal, | 296 |
marking, or other device used to regulate, warn, or guide traffic, | 297 |
placed on, over, or adjacent to a street, highway, private road | 298 |
open to public travel, pedestrian facility, or shared-use path by | 299 |
authority of a public agency or official having jurisdiction, or, | 300 |
in the case of a private road open to public travel, by authority | 301 |
of the private owner or private official having jurisdiction. | 302 |
(RR) "Traffic control signal" means any highway traffic | 303 |
signal by which traffic is alternately directed to stop and | 304 |
permitted to proceed. | 305 |
(SS) "Railroad sign or signal" means any sign, signal, or | 306 |
device erected by authority of a public body or official or by a | 307 |
railroad and intended to give notice of the presence of railroad | 308 |
tracks or the approach of a railroad train. | 309 |
(TT) "Traffic" means pedestrians, ridden or herded animals, | 310 |
vehicles, streetcars, trackless trolleys, and other devices, | 311 |
either singly or together, while using for purposes of travel any | 312 |
highway or private road open to public travel. | 313 |
(UU) "Right-of-way" means either of the following, as the | 314 |
context requires: | 315 |
(1) The right of a vehicle, streetcar, trackless trolley, or | 316 |
pedestrian to proceed uninterruptedly in a lawful manner in the | 317 |
direction in which it or the individual is moving in preference to | 318 |
another vehicle, streetcar, trackless trolley, or pedestrian | 319 |
approaching from a different direction into its or the | 320 |
individual's path; | 321 |
(2) A general term denoting land, property, or the interest | 322 |
therein, usually in the configuration of a strip, acquired for or | 323 |
devoted to transportation purposes. When used in this context, | 324 |
right-of-way includes the roadway, shoulders or berm, ditch, and | 325 |
slopes extending to the right-of-way limits under the control of | 326 |
the state or local authority. | 327 |
(VV) "Rural mail delivery vehicle" means every vehicle used | 328 |
to deliver United States mail on a rural mail delivery route. | 329 |
(WW) "Funeral escort vehicle" means any motor vehicle, | 330 |
including a funeral hearse, while used to facilitate the movement | 331 |
of a funeral procession. | 332 |
(XX) "Alley" means a street or highway intended to provide | 333 |
access to the rear or side of lots or buildings in urban districts | 334 |
and not intended for the purpose of through vehicular traffic, and | 335 |
includes any street or highway that has been declared an "alley" | 336 |
by the legislative authority of the municipal corporation in which | 337 |
such street or highway is located. | 338 |
(YY) "Freeway" means a divided multi-lane highway for through | 339 |
traffic with all crossroads separated in grade and with full | 340 |
control of access. | 341 |
(ZZ) "Expressway" means a divided arterial highway for | 342 |
through traffic with full or partial control of access with an | 343 |
excess of fifty per cent of all crossroads separated in grade. | 344 |
(AAA) "Thruway" means a through highway whose entire roadway | 345 |
is reserved for through traffic and on which roadway parking is | 346 |
prohibited. | 347 |
(BBB) "Stop intersection" means any intersection at one or | 348 |
more entrances of which stop signs are erected. | 349 |
(CCC) "Arterial street" means any United States or state | 350 |
numbered route, controlled access highway, or other major radial | 351 |
or circumferential street or highway designated by local | 352 |
authorities within their respective jurisdictions as part of a | 353 |
major arterial system of streets or highways. | 354 |
(DDD) "Ridesharing arrangement" means the transportation of | 355 |
persons in a motor vehicle where such transportation is incidental | 356 |
to another purpose of a volunteer driver and includes ridesharing | 357 |
arrangements known as carpools, vanpools, and buspools. | 358 |
(EEE) "Motorized wheelchair" means any self-propelled vehicle | 359 |
designed for, and used by, a handicapped person and that is | 360 |
incapable of a speed in excess of eight miles per hour. | 361 |
(FFF) "Child day-care center" and "type A family day-care | 362 |
home" have the same meanings as in section 5104.01 of the Revised | 363 |
Code. | 364 |
(GGG) "Multi-wheel agricultural tractor" means a type of | 365 |
agricultural tractor that has two or more wheels or tires on each | 366 |
side of one axle at the rear of the tractor, is designed or used | 367 |
for drawing other vehicles or wheeled machinery, has no provision | 368 |
for carrying loads independently of the drawn vehicles or | 369 |
machinery, and is used principally for agricultural purposes. | 370 |
(HHH) "Operate" means to cause or have caused movement of a | 371 |
vehicle, streetcar, or trackless trolley. | 372 |
(III) "Predicate motor vehicle or traffic offense" means any | 373 |
of the following: | 374 |
(1) A violation of section 4511.03, 4511.051, 4511.12, | 375 |
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, | 376 |
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, | 377 |
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, | 378 |
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, | 379 |
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, | 380 |
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, | 381 |
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, | 382 |
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, | 383 |
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, | 384 |
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code; | 385 |
(2) A violation of division (A)(2) of section 4511.17, | 386 |
divisions (A) to (D) of section 4511.51, or division (A) of | 387 |
section 4511.74 of the Revised Code; | 388 |
(3) A violation of any provision of sections 4511.01 to | 389 |
4511.76 of the Revised Code for which no penalty otherwise is | 390 |
provided in the section that contains the provision violated; | 391 |
(4) A violation of a municipal ordinance that is | 392 |
substantially similar to any section or provision set forth or | 393 |
described in division (III)(1), (2), or (3) of this section. | 394 |
(JJJ) "Road service vehicle" means wreckers, utility repair | 395 |
vehicles, and state, county, and municipal service vehicles | 396 |
equipped with visual signals by means of flashing, rotating, or | 397 |
oscillating lights. | 398 |
(KKK) "Beacon" means a highway traffic signal with one or | 399 |
more signal sections that operate in a flashing mode. | 400 |
(LLL) "Hybrid beacon" means a type of beacon that is | 401 |
intentionally placed in a dark mode between periods of operation | 402 |
where no indications are displayed and, when in operation, | 403 |
displays both steady and flashing traffic control signal | 404 |
indications. | 405 |
(MMM) "Highway traffic signal" means a power-operated traffic | 406 |
control device by which traffic is warned or directed to take some | 407 |
specific action. "Highway traffic signal" does not include a | 408 |
power-operated sign, steadily illuminated pavement marker, warning | 409 |
light, or steady burning electric lamp. | 410 |
(NNN) "Median" means the area between two roadways of a | 411 |
divided highway, measured from edge of traveled way to edge of | 412 |
traveled way, but excluding turn lanes. The width of a median may | 413 |
be different between intersections, between interchanges, and at | 414 |
opposite approaches of the same intersection. | 415 |
(OOO) "Private road open to public travel" means a private | 416 |
toll road or road, including any adjacent sidewalks that generally | 417 |
run parallel to the road, within a shopping center, airport, | 418 |
sports arena, or other similar business or recreation facility | 419 |
that is privately owned but where the public is allowed to travel | 420 |
without access restrictions. "Private road open to public travel" | 421 |
includes a gated toll road but does not include a road within a | 422 |
private gated property where access is restricted at all times, a | 423 |
parking area, a driving aisle within a parking area, or a private | 424 |
grade crossing. | 425 |
(PPP) "Shared-use path" means a bikeway outside the traveled | 426 |
way and physically separated from motorized vehicular traffic by | 427 |
an open space or barrier and either within the highway | 428 |
right-of-way or within an independent alignment. A shared-use path | 429 |
also may be used by pedestrians, including skaters, joggers, users | 430 |
of manual and motorized wheelchairs, and other authorized | 431 |
motorized and non-motorized users. | 432 |
(QQQ) "Highway maintenance vehicle" means a vehicle used in | 433 |
snow and ice removal or road surface maintenance, including a snow | 434 |
plow, traffic line striper, road sweeper, mowing machine, asphalt | 435 |
distributing vehicle, or other such vehicle designed for use in | 436 |
specific highway maintenance activities. | 437 |
Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to | 438 |
4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code do | 439 |
not apply to persons, teams, motor vehicles, and other equipment | 440 |
while actually engaged in work upon the surface of a highway | 441 |
within an area designated by traffic control devices, but apply to | 442 |
such persons and vehicles when traveling to or from such work. | 443 |
(B) The driver of a highway maintenance vehicle owned by this | 444 |
state or any political subdivision of this state, while the driver | 445 |
is engaged in the performance of official duties upon a street or | 446 |
highway, provided the highway maintenance vehicle is equipped with | 447 |
flashing lights and such other markings as are required by law and | 448 |
such lights are in operation when the driver and vehicle are so | 449 |
engaged, shall be exempt from criminal prosecution for violations | 450 |
of sections 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, | 451 |
4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to | 452 |
5577.09 of the Revised Code. | 453 |
(C)(1) This section does not exempt a driver of a highway | 454 |
maintenance vehicle from civil liability arising from a violation | 455 |
of section 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, | 456 |
4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or sections 5577.01 | 457 |
to 5577.09 of the Revised Code. | 458 |
(2) This section does not exempt the driver of a vehicle that | 459 |
is engaged in the transport of highway maintenance equipment from | 460 |
criminal liability for a violation of sections 5577.01 to 5577.09 | 461 |
of the Revised Code. | 462 |
| 463 |
464 | |
465 | |
466 | |
467 | |
468 |
Sec. 4511.213. (A) The driver of a motor vehicle, upon | 469 |
approaching a stationary public safety vehicle, | 470 |
vehicle, | 471 |
vehicle, that is displaying the appropriate visual signals by | 472 |
means of flashing, oscillating, or rotating lights, as prescribed | 473 |
in section 4513.17 of the Revised Code, shall do either of the | 474 |
following: | 475 |
(1) If the driver of the motor vehicle is traveling on a | 476 |
highway that consists of at least two lanes that carry traffic in | 477 |
the same direction of travel as that of the driver's motor | 478 |
vehicle, the driver shall proceed with due caution and, if | 479 |
possible and with due regard to the road, weather, and traffic | 480 |
conditions, shall change lanes into a lane that is not adjacent to | 481 |
that of the stationary public safety vehicle, | 482 |
vehicle, | 483 |
vehicle. | 484 |
(2) If the driver is not traveling on a highway of a type | 485 |
described in division (A)(1) of this section, or if the driver is | 486 |
traveling on a highway of that type but it is not possible to | 487 |
change lanes or if to do so would be unsafe, the driver shall | 488 |
proceed with due caution, reduce the speed of the motor vehicle, | 489 |
and maintain a safe speed for the road, weather, and traffic | 490 |
conditions. | 491 |
(B) This section does not relieve the driver of a public | 492 |
safety vehicle, | 493 |
or highway maintenance vehicle from the duty to drive with due | 494 |
regard for the safety of all persons and property upon the | 495 |
highway. | 496 |
(C) No person shall fail to drive a motor vehicle in | 497 |
compliance with division (A)(1) or (2) of this section when so | 498 |
required by division (A) of this section. | 499 |
(D)(1) Except as otherwise provided in this division, whoever | 500 |
violates this section is guilty of a minor misdemeanor. If, within | 501 |
one year of the offense, the offender previously has been | 502 |
convicted of or pleaded guilty to one predicate motor vehicle or | 503 |
traffic offense, whoever violates this section is guilty of a | 504 |
misdemeanor of the fourth degree. If, within one year of the | 505 |
offense, the offender previously has been convicted of two or more | 506 |
predicate motor vehicle or traffic offenses, whoever violates this | 507 |
section is guilty of a misdemeanor of the third degree. | 508 |
(2) Notwithstanding section 2929.28 of the Revised Code, upon | 509 |
a finding that a person operated a motor vehicle in violation of | 510 |
division (C) of this section, the court, in addition to all other | 511 |
penalties provided by law, shall impose a fine of two times the | 512 |
usual amount imposed for the violation. | 513 |
Sec. 5501.03. (A) The department of transportation shall: | 514 |
(1) Exercise and perform such other duties, powers, and | 515 |
functions as are conferred by law on the director, the department, | 516 |
the assistant directors, the deputy directors, or on the divisions | 517 |
of the department; | 518 |
(2) Coordinate and develop, in cooperation with local, | 519 |
regional, state, and federal planning agencies and authorities, | 520 |
comprehensive and balanced state policy and planning to meet | 521 |
present and future needs for adequate transportation facilities in | 522 |
this state, including recommendations for adequate funding of the | 523 |
implementation of such planning; | 524 |
(3) Coordinate its activities with those of other appropriate | 525 |
state departments, public agencies, and authorities, and enter | 526 |
into any contracts with such departments, agencies, and | 527 |
authorities as may be necessary to carry out its duties, powers, | 528 |
and functions; | 529 |
(4) Cooperate with and assist the public utilities commission | 530 |
in the commission's administration of sections 4907.47 to 4907.476 | 531 |
of the Revised Code, particularly with respect to the federal | 532 |
highway administration; | 533 |
(5) Cooperate with and assist the Ohio power siting board in | 534 |
the board's administration of Chapter 4906. of the Revised Code; | 535 |
(6) Give particular consideration to the development of | 536 |
policy and planning for public transportation facilities, and to | 537 |
the coordination of associated activities relating thereto, as | 538 |
prescribed under divisions (A)(2) and (3) of this section; | 539 |
(7) Conduct, in cooperation with the Ohio legislative service | 540 |
commission, any studies or comparisons of state traffic laws and | 541 |
local traffic ordinances with model laws and ordinances that may | 542 |
be required to meet program standards adopted by the United States | 543 |
department of transportation pursuant to the "Highway Safety Act | 544 |
of 1966," 80 Stat. 731, U.S.C.A. 401; | 545 |
(8) Prepare, print, distribute, and advertise books, maps, | 546 |
pamphlets, and other information that, in the judgment of the | 547 |
director, will inform the public and other governmental | 548 |
departments, agencies, and authorities as to the duties, powers, | 549 |
and functions of the department; | 550 |
(9) In its research and development program, consider | 551 |
technologies for improving roadways, including construction | 552 |
techniques and materials to prolong project life, being used or | 553 |
developed by other states that have geographic, geologic, or | 554 |
climatic features similar to this state's, and collaborate with | 555 |
those states in that development. | 556 |
(B) Nothing contained in division (A)(1) of this section | 557 |
shall be held to in any manner affect, limit, restrict, or | 558 |
otherwise interfere with the exercise of powers relating to | 559 |
transportation facilities by appropriate agencies of the federal | 560 |
government, or by counties, municipal corporations, or other | 561 |
political subdivisions or special districts in this state | 562 |
authorized by law to exercise such powers. | 563 |
(C) The department may use all appropriate sources of revenue | 564 |
to assist in the development and implementation of rail service as | 565 |
defined by division (C) of section 4981.01 of the Revised Code. | 566 |
(D) The director of transportation may enter into contracts | 567 |
with public agencies including political subdivisions, other state | 568 |
agencies, boards, commissions, regional transit authorities, | 569 |
county transit boards, and port authorities, to administer the | 570 |
design, qualification of bidders, competitive bid letting, | 571 |
construction inspection, and acceptance of any projects | 572 |
administered by the department, provided the administration of | 573 |
such projects is performed in accordance with all applicable state | 574 |
and federal laws and regulations with oversight by the department. | 575 |
(E) The director may enter into cooperative or contractual | 576 |
agreements with any individual, organization, or business related | 577 |
to the creation or promotion of a traveler information program. | 578 |
The traveler information program shall provide real-time traffic | 579 |
conditions and travel time information to travelers at no cost to | 580 |
the traveler. The director may contract with a program manager for | 581 |
the traveler information program. The program manager shall be | 582 |
responsible for all costs associated with the development and | 583 |
operation of the traveler information program. The compensation | 584 |
due to a program manager or vendor under any of these agreements | 585 |
may include deferred compensation in an amount determined by the | 586 |
director. Excess revenue shall be remitted to the department for | 587 |
deposit into the highway operating fund. | 588 |
(F) Any materials or data submitted to, made available to, or | 589 |
received by the director of transportation, to the extent that the | 590 |
materials or data consist of trade secrets, as defined in section | 591 |
1333.61 of the Revised Code, or commercial or financial | 592 |
information, are confidential and are not public records for the | 593 |
purposes of section 149.43 of the Revised Code. | 594 |
Sec. 5525.16. (A) Before entering into a contract, the | 595 |
director of transportation shall require a contract performance | 596 |
bond and a payment bond with sufficient sureties, as follows: | 597 |
(1) A contract performance bond in an amount equal to one | 598 |
hundred per cent of the | 599 |
amount, conditioned, among other things, that the contractor will | 600 |
perform the work upon the terms proposed, within the time | 601 |
prescribed, and in accordance with the plans and specifications, | 602 |
will indemnify the state against any damage that may result from | 603 |
any failure of the contractor to so perform, and, further, in case | 604 |
of a grade separation will indemnify any railroad company involved | 605 |
against any damage that may result by reason of the negligence of | 606 |
the contractor in making the improvement. | 607 |
(2) A payment bond in an amount equal to one hundred per cent | 608 |
of the | 609 |
the payment by the contractor and all subcontractors for labor or | 610 |
work performed or materials furnished in connection with the work, | 611 |
improvement, or project involved. | 612 |
(B) In no case is the state liable for damages sustained in | 613 |
the construction of any work, improvement, or project under this | 614 |
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516., | 615 |
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and | 616 |
5535. of the Revised Code. | 617 |
This section does not require the director to take bonds as | 618 |
described in division (A) of this section in connection with any | 619 |
force account work, but the director may require those bonds in | 620 |
connection with force account work. | 621 |
If any bonds taken under this section are executed by a | 622 |
surety company, the director may not approve such bonds unless | 623 |
there is attached a certificate of the superintendent of insurance | 624 |
that the company is authorized to transact business in this state, | 625 |
and a copy of the power of attorney of the agent of the company. | 626 |
The superintendent, upon request, shall issue to any licensed | 627 |
agent of such company the certificate without charge. | 628 |
The bonds required to be taken under this section shall be | 629 |
executed by the same surety, approved by the director as to | 630 |
sufficiency of the sureties, and be in the form prescribed by the | 631 |
attorney general. | 632 |
(C) Any person to whom any money is due for labor or work | 633 |
performed or materials furnished in connection with a work, | 634 |
improvement, or project, at any time after performing the labor or | 635 |
furnishing the materials but not later than ninety days after the | 636 |
acceptance of the work, improvement, or project by the director, | 637 |
may furnish to the sureties on the payment bond a statement of the | 638 |
amount due the person. If the indebtedness is not paid in full at | 639 |
the expiration of sixty days after the statement is furnished, the | 640 |
person may commence an action in the person's own name upon the | 641 |
bond as provided in sections 2307.06 and 2307.07 of the Revised | 642 |
Code. | 643 |
An action shall not be commenced against the sureties on a | 644 |
payment bond until sixty days after the furnishing of the | 645 |
statement described in this section or, notwithstanding section | 646 |
2305.12 of the Revised Code, later than one year after the date of | 647 |
the acceptance of the work, improvement, or project. | 648 |
(D) As used in this section, "improvement," "subcontractor," | 649 |
"material supplier," and "materials" have the same meanings as in | 650 |
section 1311.01 of the Revised Code, and "contractor" has the same | 651 |
meaning as "original contractor" as defined in that section. | 652 |
Section 2. That existing sections 4511.01, 4511.04, | 653 |
4511.213, 5501.03, and 5525.16 of the Revised Code are hereby | 654 |
repealed. | 655 |