Bill Text: OH HB514 | 2011-2012 | 129th General Assembly | Comm Sub

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

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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. [Track Bill]

Status: 2012-12-05 - Committee Report - S [HB514 Detail]

Download: Ohio-2011-HB514-Comm_Sub.html

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

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 514

Representative Newbold 

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A BILL

To amend sections 4511.01, 4511.04, 4511.213, and

1

5501.03 of the Revised Code to authorize the

2

Director of Transportation to enter into an

3

agreement or contract with any entity to establish

4

a traveler information program to provide

5

real-time traffic conditions and travel time

6

information at no cost to the traveler and to

7

require motor vehicle operators to take certain

8

actions upon approaching a highway maintenance

9

vehicle.

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

Section 1. That sections 4511.01, 4511.04, 4511.213, and	11
5501.03 of the Revised Code be amended to read as follows:	12

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	13
of the Revised Code:	14

(A) "Vehicle" means every device, including a motorized	15
bicycle, in, upon, or by which any person or property may be	16
transported or drawn upon a highway, except that "vehicle" does	17
not include any motorized wheelchair, any electric personal	18
assistive mobility device, any device that is moved by power	19
collected from overhead electric trolley wires or that is used	20
exclusively upon stationary rails or tracks, or any device, other	21
than a bicycle, that is moved by human power.	22

(B) "Motor vehicle" means every vehicle propelled or drawn by	23
power other than muscular power or power collected from overhead	24
electric trolley wires, except motorized bicycles, road rollers,	25
traction engines, power shovels, power cranes, and other equipment	26
used in construction work and not designed for or employed in	27
general highway transportation, hole-digging machinery,	28
well-drilling machinery, ditch-digging machinery, farm machinery,	29
and trailers designed and used exclusively to transport a boat	30
between a place of storage and a marina, or in and around a	31
marina, when drawn or towed on a street or highway for a distance	32
of no more than ten miles and at a speed of twenty-five miles per	33
hour or less.	34

(C) "Motorcycle" means every motor vehicle, other than a	35
tractor, having a seat or saddle for the use of the operator and	36
designed to travel on not more than three wheels in contact with	37
the ground, including, but not limited to, motor vehicles known as	38
"motor-driven cycle," "motor scooter," or "motorcycle" without	39
regard to weight or brake horsepower.	40

(D) "Emergency vehicle" means emergency vehicles of	41
municipal, township, or county departments or public utility	42
corporations when identified as such as required by law, the	43
director of public safety, or local authorities, and motor	44
vehicles when commandeered by a police officer.	45

(E) "Public safety vehicle" means any of the following:

46

(1) Ambulances, including private ambulance companies under	47
contract to a municipal corporation, township, or county, and	48
private ambulances and nontransport vehicles bearing license	49
plates issued under section 4503.49 of the Revised Code;	50

(2) Motor vehicles used by public law enforcement officers or	51
other persons sworn to enforce the criminal and traffic laws of	52
the state;	53

(3) Any motor vehicle when properly identified as required by	54
the director of public safety, when used in response to fire	55
emergency calls or to provide emergency medical service to ill or	56
injured persons, and when operated by a duly qualified person who	57
is a member of a volunteer rescue service or a volunteer fire	58
department, and who is on duty pursuant to the rules or directives	59
of that service. The state fire marshal shall be designated by the	60
director of public safety as the certifying agency for all public	61
safety vehicles described in division (E)(3) of this section.	62

(4) Vehicles used by fire departments, including motor	63
vehicles when used by volunteer fire fighters responding to	64
emergency calls in the fire department service when identified as	65
required by the director of public safety.	66

Any vehicle used to transport or provide emergency medical	67
service to an ill or injured person, when certified as a public	68
safety vehicle, shall be considered a public safety vehicle when	69
transporting an ill or injured person to a hospital regardless of	70
whether such vehicle has already passed a hospital.	71

(5) Vehicles used by the motor carrier enforcement unit for	72
the enforcement of orders and rules of the public utilities	73
commission as specified in section 5503.34 of the Revised Code.	74

(F) "School bus" means every bus designed for carrying more	75
than nine passengers that is owned by a public, private, or	76
governmental agency or institution of learning and operated for	77
the transportation of children to or from a school session or a	78
school function, or owned by a private person and operated for	79
compensation for the transportation of children to or from a	80
school session or a school function, provided "school bus" does	81
not include a bus operated by a municipally owned transportation	82
system, a mass transit company operating exclusively within the	83
territorial limits of a municipal corporation, or within such	84
limits and the territorial limits of municipal corporations	85
immediately contiguous to such municipal corporation, nor a common	86
passenger carrier certified by the public utilities commission	87
unless such bus is devoted exclusively to the transportation of	88
children to and from a school session or a school function, and	89
"school bus" does not include a van or bus used by a licensed	90
child day-care center or type A family day-care home to transport	91
children from the child day-care center or type A family day-care	92
home to a school if the van or bus does not have more than fifteen	93
children in the van or bus at any time.	94

(G) "Bicycle" means every device, other than a tricycle	95
designed solely for use as a play vehicle by a child, propelled	96
solely by human power upon which any person may ride having two	97
tandem wheels, or one wheel in the front and two wheels in the	98
rear, or two wheels in the front and one wheel in the rear, any of	99
which is more than fourteen inches in diameter.	100

(H) "Motorized bicycle" means any vehicle having either two	101
tandem wheels or one wheel in the front and two wheels in the	102
rear, that is capable of being pedaled and is equipped with a	103
helper motor of not more than fifty cubic centimeters piston	104
displacement that produces no more than one brake horsepower and	105
is capable of propelling the vehicle at a speed of no greater than	106
twenty miles per hour on a level surface.	107

(I) "Commercial tractor" means every motor vehicle having	108
motive power designed or used for drawing other vehicles and not	109
so constructed as to carry any load thereon, or designed or used	110
for drawing other vehicles while carrying a portion of such other	111
vehicles, or load thereon, or both.	112

(J) "Agricultural tractor" means every self-propelling	113
vehicle designed or used for drawing other vehicles or wheeled	114
machinery but having no provision for carrying loads independently	115
of such other vehicles, and used principally for agricultural	116
purposes.	117

(K) "Truck" means every motor vehicle, except trailers and	118
semitrailers, designed and used to carry property.	119

(L) "Bus" means every motor vehicle designed for carrying	120
more than nine passengers and used for the transportation of	121
persons other than in a ridesharing arrangement, and every motor	122
vehicle, automobile for hire, or funeral car, other than a taxicab	123
or motor vehicle used in a ridesharing arrangement, designed and	124
used for the transportation of persons for compensation.	125

(M) "Trailer" means every vehicle designed or used for	126
carrying persons or property wholly on its own structure and for	127
being drawn by a motor vehicle, including any such vehicle when	128
formed by or operated as a combination of a "semitrailer" and a	129
vehicle of the dolly type, such as that commonly known as a	130
"trailer dolly," a vehicle used to transport agricultural produce	131
or agricultural production materials between a local place of	132
storage or supply and the farm when drawn or towed on a street or	133
highway at a speed greater than twenty-five miles per hour, and a	134
vehicle designed and used exclusively to transport a boat between	135
a place of storage and a marina, or in and around a marina, when	136
drawn or towed on a street or highway for a distance of more than	137
ten miles or at a speed of more than twenty-five miles per hour.	138

(N) "Semitrailer" means every vehicle designed or used for	139
carrying persons or property with another and separate motor	140
vehicle so that in operation a part of its own weight or that of	141
its load, or both, rests upon and is carried by another vehicle.	142

(O) "Pole trailer" means every trailer or semitrailer	143
attached to the towing vehicle by means of a reach, pole, or by	144
being boomed or otherwise secured to the towing vehicle, and	145
ordinarily used for transporting long or irregular shaped loads	146
such as poles, pipes, or structural members capable, generally, of	147
sustaining themselves as beams between the supporting connections.	148

(P) "Railroad" means a carrier of persons or property	149
operating upon rails placed principally on a private right-of-way.	150

(Q) "Railroad train" means a steam engine or an electric or	151
other motor, with or without cars coupled thereto, operated by a	152
railroad.	153

(R) "Streetcar" means a car, other than a railroad train, for	154
transporting persons or property, operated upon rails principally	155
within a street or highway.	156

(S) "Trackless trolley" means every car that collects its	157
power from overhead electric trolley wires and that is not	158
operated upon rails or tracks.	159

(T) "Explosives" means any chemical compound or mechanical	160
mixture that is intended for the purpose of producing an explosion	161
that contains any oxidizing and combustible units or other	162
ingredients in such proportions, quantities, or packing that an	163
ignition by fire, by friction, by concussion, by percussion, or by	164
a detonator of any part of the compound or mixture may cause such	165
a sudden generation of highly heated gases that the resultant	166
gaseous pressures are capable of producing destructive effects on	167
contiguous objects, or of destroying life or limb. Manufactured	168
articles shall not be held to be explosives when the individual	169
units contain explosives in such limited quantities, of such	170
nature, or in such packing, that it is impossible to procure a	171
simultaneous or a destructive explosion of such units, to the	172
injury of life, limb, or property by fire, by friction, by	173
concussion, by percussion, or by a detonator, such as fixed	174
ammunition for small arms, firecrackers, or safety fuse matches.	175

(U) "Flammable liquid" means any liquid that has a flash	176
point of seventy degrees fahrenheit, or less, as determined by a	177
tagliabue or equivalent closed cup test device.	178

(V) "Gross weight" means the weight of a vehicle plus the	179
weight of any load thereon.	180

(W) "Person" means every natural person, firm,	181
co-partnership, association, or corporation.	182

(X) "Pedestrian" means any natural person afoot.

183

(Y) "Driver or operator" means every person who drives or is	184
in actual physical control of a vehicle, trackless trolley, or	185
streetcar.	186

(Z) "Police officer" means every officer authorized to direct	187
or regulate traffic, or to make arrests for violations of traffic	188
regulations.	189

(AA) "Local authorities" means every county, municipal, and	190
other local board or body having authority to adopt police	191
regulations under the constitution and laws of this state.	192

(BB) "Street" or "highway" means the entire width between the	193
boundary lines of every way open to the use of the public as a	194
thoroughfare for purposes of vehicular travel.	195

(CC) "Controlled-access highway" means every street or	196
highway in respect to which owners or occupants of abutting lands	197
and other persons have no legal right of access to or from the	198
same except at such points only and in such manner as may be	199
determined by the public authority having jurisdiction over such	200
street or highway.	201

(DD) "Private road or driveway" means every way or place in	202
private ownership used for vehicular travel by the owner and those	203
having express or implied permission from the owner but not by	204
other persons.	205

(EE) "Roadway" means that portion of a highway improved,	206
designed, or ordinarily used for vehicular travel, except the berm	207
or shoulder. If a highway includes two or more separate roadways	208
the term "roadway" means any such roadway separately but not all	209
such roadways collectively.	210

(FF) "Sidewalk" means that portion of a street between the	211
curb lines, or the lateral lines of a roadway, and the adjacent	212
property lines, intended for the use of pedestrians.	213

(GG) "Laned highway" means a highway the roadway of which is	214
divided into two or more clearly marked lanes for vehicular	215
traffic.	216

(HH) "Through highway" means every street or highway as	217
provided in section 4511.65 of the Revised Code.	218

(II) "State highway" means a highway under the jurisdiction	219
of the department of transportation, outside the limits of	220
municipal corporations, provided that the authority conferred upon	221
the director of transportation in section 5511.01 of the Revised	222
Code to erect state highway route markers and signs directing	223
traffic shall not be modified by sections 4511.01 to 4511.79 and	224
4511.99 of the Revised Code.	225

(JJ) "State route" means every highway that is designated	226
with an official state route number and so marked.	227

(KK) "Intersection" means:

228

(1) The area embraced within the prolongation or connection	229
of the lateral curb lines, or, if none, the lateral boundary lines	230
of the roadways of two highways that join one another at, or	231
approximately at, right angles, or the area within which vehicles	232
traveling upon different highways that join at any other angle	233
might come into conflict. The junction of an alley or driveway	234
with a roadway or highway does not constitute an intersection	235
unless the roadway or highway at the junction is controlled by a	236
traffic control device.	237

(2) If a highway includes two roadways that are thirty feet	238
or more apart, then every crossing of each roadway of such divided	239
highway by an intersecting highway constitutes a separate	240
intersection. If both intersecting highways include two roadways	241
thirty feet or more apart, then every crossing of any two roadways	242
of such highways constitutes a separate intersection.	243

(3) At a location controlled by a traffic control signal,	244
regardless of the distance between the separate intersections as	245
described in division (KK)(2) of this section:	246

(a) If a stop line, yield line, or crosswalk has not been	247
designated on the roadway within the median between the separate	248
intersections, the two intersections and the roadway and median	249
constitute one intersection.	250

(b) Where a stop line, yield line, or crosswalk line is	251
designated on the roadway on the intersection approach, the area	252
within the crosswalk and any area beyond the designated stop line	253
or yield line constitute part of the intersection.	254

(c) Where a crosswalk is designated on a roadway on the	255
departure from the intersection, the intersection includes the	256
area that extends to the far side of the crosswalk.	257

(LL) "Crosswalk" means:

258

(1) That part of a roadway at intersections ordinarily	259
included within the real or projected prolongation of property	260
lines and curb lines or, in the absence of curbs, the edges of the	261
traversable roadway;	262

(2) Any portion of a roadway at an intersection or elsewhere,	263
distinctly indicated for pedestrian crossing by lines or other	264
markings on the surface;	265

(3) Notwithstanding divisions (LL)(1) and (2) of this	266
section, there shall not be a crosswalk where local authorities	267
have placed signs indicating no crossing.	268

(MM) "Safety zone" means the area or space officially set	269
apart within a roadway for the exclusive use of pedestrians and	270
protected or marked or indicated by adequate signs as to be	271
plainly visible at all times.	272

(NN) "Business district" means the territory fronting upon a	273
street or highway, including the street or highway, between	274
successive intersections within municipal corporations where fifty	275
per cent or more of the frontage between such successive	276
intersections is occupied by buildings in use for business, or	277
within or outside municipal corporations where fifty per cent or	278
more of the frontage for a distance of three hundred feet or more	279
is occupied by buildings in use for business, and the character of	280
such territory is indicated by official traffic control devices.	281

(OO) "Residence district" means the territory, not comprising	282
a business district, fronting on a street or highway, including	283
the street or highway, where, for a distance of three hundred feet	284
or more, the frontage is improved with residences or residences	285
and buildings in use for business.	286

(PP) "Urban district" means the territory contiguous to and	287
including any street or highway which is built up with structures	288
devoted to business, industry, or dwelling houses situated at	289
intervals of less than one hundred feet for a distance of a	290
quarter of a mile or more, and the character of such territory is	291
indicated by official traffic control devices.	292

(QQ) "Traffic control device" means a flagger, sign, signal,	293
marking, or other device used to regulate, warn, or guide traffic,	294
placed on, over, or adjacent to a street, highway, private road	295
open to public travel, pedestrian facility, or shared-use path by	296
authority of a public agency or official having jurisdiction, or,	297
in the case of a private road open to public travel, by authority	298
of the private owner or private official having jurisdiction.	299

(RR) "Traffic control signal" means any highway traffic	300
signal by which traffic is alternately directed to stop and	301
permitted to proceed.	302

(SS) "Railroad sign or signal" means any sign, signal, or	303
device erected by authority of a public body or official or by a	304
railroad and intended to give notice of the presence of railroad	305
tracks or the approach of a railroad train.	306

(TT) "Traffic" means pedestrians, ridden or herded animals,	307
vehicles, streetcars, trackless trolleys, and other devices,	308
either singly or together, while using for purposes of travel any	309
highway or private road open to public travel.	310

(UU) "Right-of-way" means either of the following, as the	311
context requires:	312

(1) The right of a vehicle, streetcar, trackless trolley, or	313
pedestrian to proceed uninterruptedly in a lawful manner in the	314
direction in which it or the individual is moving in preference to	315
another vehicle, streetcar, trackless trolley, or pedestrian	316
approaching from a different direction into its or the	317
individual's path;	318

(2) A general term denoting land, property, or the interest	319
therein, usually in the configuration of a strip, acquired for or	320
devoted to transportation purposes. When used in this context,	321
right-of-way includes the roadway, shoulders or berm, ditch, and	322
slopes extending to the right-of-way limits under the control of	323
the state or local authority.	324

(VV) "Rural mail delivery vehicle" means every vehicle used	325
to deliver United States mail on a rural mail delivery route.	326

(WW) "Funeral escort vehicle" means any motor vehicle,	327
including a funeral hearse, while used to facilitate the movement	328
of a funeral procession.	329

(XX) "Alley" means a street or highway intended to provide	330
access to the rear or side of lots or buildings in urban districts	331
and not intended for the purpose of through vehicular traffic, and	332
includes any street or highway that has been declared an "alley"	333
by the legislative authority of the municipal corporation in which	334
such street or highway is located.	335

(YY) "Freeway" means a divided multi-lane highway for through	336
traffic with all crossroads separated in grade and with full	337
control of access.	338

(ZZ) "Expressway" means a divided arterial highway for	339
through traffic with full or partial control of access with an	340
excess of fifty per cent of all crossroads separated in grade.	341

(AAA) "Thruway" means a through highway whose entire roadway	342
is reserved for through traffic and on which roadway parking is	343
prohibited.	344

(BBB) "Stop intersection" means any intersection at one or	345
more entrances of which stop signs are erected.	346

(CCC) "Arterial street" means any United States or state	347
numbered route, controlled access highway, or other major radial	348
or circumferential street or highway designated by local	349
authorities within their respective jurisdictions as part of a	350
major arterial system of streets or highways.	351

(DDD) "Ridesharing arrangement" means the transportation of	352
persons in a motor vehicle where such transportation is incidental	353
to another purpose of a volunteer driver and includes ridesharing	354
arrangements known as carpools, vanpools, and buspools.	355

(EEE) "Motorized wheelchair" means any self-propelled vehicle	356
designed for, and used by, a handicapped person and that is	357
incapable of a speed in excess of eight miles per hour.	358

(FFF) "Child day-care center" and "type A family day-care	359
home" have the same meanings as in section 5104.01 of the Revised	360
Code.	361

(GGG) "Multi-wheel agricultural tractor" means a type of	362
agricultural tractor that has two or more wheels or tires on each	363
side of one axle at the rear of the tractor, is designed or used	364
for drawing other vehicles or wheeled machinery, has no provision	365
for carrying loads independently of the drawn vehicles or	366
machinery, and is used principally for agricultural purposes.	367

(HHH) "Operate" means to cause or have caused movement of a	368
vehicle, streetcar, or trackless trolley.	369

(III) "Predicate motor vehicle or traffic offense" means any	370
of the following:	371

(1) A violation of section 4511.03, 4511.051, 4511.12,	372
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	373
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	374
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	375
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	376
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	377
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	378
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	379
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	380
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	381
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	382

(2) A violation of division (A)(2) of section 4511.17,	383
divisions (A) to (D) of section 4511.51, or division (A) of	384
section 4511.74 of the Revised Code;	385

(3) A violation of any provision of sections 4511.01 to	386
4511.76 of the Revised Code for which no penalty otherwise is	387
provided in the section that contains the provision violated;	388

(4) A violation of a municipal ordinance that is	389
substantially similar to any section or provision set forth or	390
described in division (III)(1), (2), or (3) of this section.	391

(JJJ) "Road service vehicle" means wreckers, utility repair	392
vehicles, and state, county, and municipal service vehicles	393
equipped with visual signals by means of flashing, rotating, or	394
oscillating lights.	395

(KKK) "Beacon" means a highway traffic signal with one or	396
more signal sections that operate in a flashing mode.	397

(LLL) "Hybrid beacon" means a type of beacon that is	398
intentionally placed in a dark mode between periods of operation	399
where no indications are displayed and, when in operation,	400
displays both steady and flashing traffic control signal	401
indications.	402

(MMM) "Highway traffic signal" means a power-operated traffic	403
control device by which traffic is warned or directed to take some	404
specific action. "Highway traffic signal" does not include a	405
power-operated sign, steadily illuminated pavement marker, warning	406
light, or steady burning electric lamp.	407

(NNN) "Median" means the area between two roadways of a	408
divided highway, measured from edge of traveled way to edge of	409
traveled way, but excluding turn lanes. The width of a median may	410
be different between intersections, between interchanges, and at	411
opposite approaches of the same intersection.	412

(OOO) "Private road open to public travel" means a private	413
toll road or road, including any adjacent sidewalks that generally	414
run parallel to the road, within a shopping center, airport,	415
sports arena, or other similar business or recreation facility	416
that is privately owned but where the public is allowed to travel	417
without access restrictions. "Private road open to public travel"	418
includes a gated toll road but does not include a road within a	419
private gated property where access is restricted at all times, a	420
parking area, a driving aisle within a parking area, or a private	421
grade crossing.	422

(PPP) "Shared-use path" means a bikeway outside the traveled	423
way and physically separated from motorized vehicular traffic by	424
an open space or barrier and either within the highway	425
right-of-way or within an independent alignment. A shared-use path	426
also may be used by pedestrians, including skaters, joggers, users	427
of manual and motorized wheelchairs, and other authorized	428
motorized and non-motorized users.	429

(QQQ) "Highway maintenance vehicle" means a vehicle used in	430
snow and ice removal or road surface maintenance, including a snow	431
plow, traffic line striper, road sweeper, mowing machine, asphalt	432
distributing vehicle, or other such vehicle designed for use in	433
specific highway maintenance activities.	434

Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to	435
4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code do	436
not apply to persons, teams, motor vehicles, and other equipment	437
while actually engaged in work upon the surface of a highway	438
within an area designated by traffic control devices, but apply to	439
such persons and vehicles when traveling to or from such work.	440

(B) The driver of a highway maintenance vehicle owned by this	441
state or any political subdivision of this state, while the driver	442
is engaged in the performance of official duties upon a street or	443
highway, provided the highway maintenance vehicle is equipped with	444
flashing lights and such other markings as are required by law and	445
such lights are in operation when the driver and vehicle are so	446
engaged, shall be exempt from criminal prosecution for violations	447
of sections 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,	448
4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to	449
5577.09 of the Revised Code.	450

(C)(1) This section does not exempt a driver of a highway	451
maintenance vehicle from civil liability arising from a violation	452
of section 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,	453
4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or sections 5577.01	454
to 5577.09 of the Revised Code.	455

(2) This section does not exempt the driver of a vehicle that	456
is engaged in the transport of highway maintenance equipment from	457
criminal liability for a violation of sections 5577.01 to 5577.09	458
of the Revised Code.	459

(D) As used in this section, "highway maintenance vehicle"	460
means a vehicle used in snow and ice removal or road surface	461
maintenance, including a snow plow, traffic line striper, road	462
sweeper, mowing machine, asphalt distributing vehicle, or other	463
such vehicle designed for use in specific highway maintenance	464
activities.	465

Sec. 4511.213.  (A) The driver of a motor vehicle, upon	466
approaching a stationary public safety vehicle, an emergency	467
vehicle, or a road service vehicle, or stationary or moving	468
highway maintenance vehicle, that is displaying the appropriate	469
visual signals by means of flashing, oscillating, or rotating	470
lights, as prescribed in section 4513.17 of the Revised Code,	471
shall do either of the following:	472

(1) If the driver of the motor vehicle is traveling on a	473
highway that consists of at least two lanes that carry traffic in	474
the same direction of travel as that of the driver's motor	475
vehicle, the driver shall proceed with due caution and, if	476
possible and with due regard to the road, weather, and traffic	477
conditions, shall change lanes into a lane that is not adjacent to	478
that of the stationary public safety vehicle, an emergency	479
vehicle, or a road service vehicle, or highway maintenance	480
vehicle.	481

(2) If the driver is not traveling on a highway of a type	482
described in division (A)(1) of this section, or if the driver is	483
traveling on a highway of that type but it is not possible to	484
change lanes or if to do so would be unsafe, the driver shall	485
proceed with due caution, reduce the speed of the motor vehicle,	486
and maintain a safe speed for the road, weather, and traffic	487
conditions.	488

(B) This section does not relieve the driver of a public	489
safety vehicle, an emergency vehicle, or a road service vehicle,	490
or highway maintenance vehicle from the duty to drive with due	491
regard for the safety of all persons and property upon the	492
highway.	493

(C) No person shall fail to drive a motor vehicle in	494
compliance with division (A)(1) or (2) of this section when so	495
required by division (A) of this section.	496

(D)(1) Except as otherwise provided in this division, whoever	497
violates this section is guilty of a minor misdemeanor. If, within	498
one year of the offense, the offender previously has been	499
convicted of or pleaded guilty to one predicate motor vehicle or	500
traffic offense, whoever violates this section is guilty of a	501
misdemeanor of the fourth degree. If, within one year of the	502
offense, the offender previously has been convicted of two or more	503
predicate motor vehicle or traffic offenses, whoever violates this	504
section is guilty of a misdemeanor of the third degree.	505

(2) Notwithstanding section 2929.28 of the Revised Code, upon	506
a finding that a person operated a motor vehicle in violation of	507
division (C) of this section, the court, in addition to all other	508
penalties provided by law, shall impose a fine of two times the	509
usual amount imposed for the violation.	510

Sec. 5501.03.  (A) The department of transportation shall:

511

(1) Exercise and perform such other duties, powers, and	512
functions as are conferred by law on the director, the department,	513
the assistant directors, the deputy directors, or on the divisions	514
of the department;	515

(2) Coordinate and develop, in cooperation with local,	516
regional, state, and federal planning agencies and authorities,	517
comprehensive and balanced state policy and planning to meet	518
present and future needs for adequate transportation facilities in	519
this state, including recommendations for adequate funding of the	520
implementation of such planning;	521

(3) Coordinate its activities with those of other appropriate	522
state departments, public agencies, and authorities, and enter	523
into any contracts with such departments, agencies, and	524
authorities as may be necessary to carry out its duties, powers,	525
and functions;	526

(4) Cooperate with and assist the public utilities commission	527
in the commission's administration of sections 4907.47 to 4907.476	528
of the Revised Code, particularly with respect to the federal	529
highway administration;	530

(5) Cooperate with and assist the Ohio power siting board in	531
the board's administration of Chapter 4906. of the Revised Code;	532

(6) Give particular consideration to the development of	533
policy and planning for public transportation facilities, and to	534
the coordination of associated activities relating thereto, as	535
prescribed under divisions (A)(2) and (3) of this section;	536

(7) Conduct, in cooperation with the Ohio legislative service	537
commission, any studies or comparisons of state traffic laws and	538
local traffic ordinances with model laws and ordinances that may	539
be required to meet program standards adopted by the United States	540
department of transportation pursuant to the "Highway Safety Act	541
of 1966," 80 Stat. 731, U.S.C.A. 401;	542

(8) Prepare, print, distribute, and advertise books, maps,	543
pamphlets, and other information that, in the judgment of the	544
director, will inform the public and other governmental	545
departments, agencies, and authorities as to the duties, powers,	546
and functions of the department;	547

(9) In its research and development program, consider	548
technologies for improving roadways, including construction	549
techniques and materials to prolong project life, being used or	550
developed by other states that have geographic, geologic, or	551
climatic features similar to this state's, and collaborate with	552
those states in that development.	553

(B) Nothing contained in division (A)(1) of this section	554
shall be held to in any manner affect, limit, restrict, or	555
otherwise interfere with the exercise of powers relating to	556
transportation facilities by appropriate agencies of the federal	557
government, or by counties, municipal corporations, or other	558
political subdivisions or special districts in this state	559
authorized by law to exercise such powers.	560

(C) The department may use all appropriate sources of revenue	561
to assist in the development and implementation of rail service as	562
defined by division (C) of section 4981.01 of the Revised Code.	563

(D) The director of transportation may enter into contracts	564
with public agencies including political subdivisions, other state	565
agencies, boards, commissions, regional transit authorities,	566
county transit boards, and port authorities, to administer the	567
design, qualification of bidders, competitive bid letting,	568
construction inspection, and acceptance of any projects	569
administered by the department, provided the administration of	570
such projects is performed in accordance with all applicable state	571
and federal laws and regulations with oversight by the department.	572

(E) The director may enter into cooperative or contractual	573
agreements with any individual, organization, or business related	574
to the creation or promotion of a traveler information program.	575
The traveler information program shall provide real-time traffic	576
conditions and travel time information to travelers at no cost to	577
the traveler. The director may contract with a program manager for	578
the traveler information program. The program manager shall be	579
responsible for all costs associated with the development and	580
operation of the traveler information program. The compensation	581
due to a program manager or vendor under any of these agreements	582
may include deferred compensation in an amount determined by the	583
director. Excess revenue shall be remitted to the department for	584
deposit into the highway operating fund.	585

(F) Any materials or data submitted to, made available to, or	586
received by the director of transportation, to the extent that the	587
materials or data consist of trade secrets, as defined in section	588
1333.61 of the Revised Code, or commercial or financial	589
information, are confidential and are not public records for the	590
purposes of section 149.43 of the Revised Code.	591

Section 2.  That existing sections 4511.01, 4511.04,	592
4511.213, and 5501.03 of the Revised Code are hereby repealed.	593