Bill Text: OH HB524 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To establish conditions for the operation of mini-trucks on certain roads.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-05-24 - To Transportation & Infrastructure [HB524 Detail]

Download: Ohio-2009-HB524-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 524

Representative Phillips 

Cosponsors: Representatives Driehaus, Walter, Okey, Yuko 

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A BILL

To amend sections 4501.01, 4507.11, and 4511.01 and

1

to enact sections 4511.072 and 4511.214 of the

2

Revised Code to establish conditions for the

3

operation of mini-trucks on certain roads.

4

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

Section 1. That sections 4501.01, 4507.11, and 4511.01 be	5
amended and sections 4511.072 and 4511.214 of the Revised Code be	6
enacted to read as follows:	7

Sec. 4501.01.  As used in this chapter and Chapters 4503.,	8
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	9
Revised Code, and in the penal laws, except as otherwise provided:	10

(A) "Vehicles" means everything on wheels or runners,	11
including motorized bicycles, but does not mean electric personal	12
assistive mobility devices, vehicles that are operated exclusively	13
on rails or tracks or from overhead electric trolley wires, and	14
vehicles that belong to any police department, municipal fire	15
department, or volunteer fire department, or that are used by such	16
a department in the discharge of its functions.	17

(B) "Motor vehicle" means any vehicle, including mobile homes	18
and recreational vehicles, that is propelled or drawn by power	19
other than muscular power or power collected from overhead	20
electric trolley wires. "Motor vehicle" does not include utility	21
vehicles as defined in division (VV) of this section, motorized	22
bicycles, road rollers, traction engines, power shovels, power	23
cranes, and other equipment used in construction work and not	24
designed for or employed in general highway transportation,	25
well-drilling machinery, ditch-digging machinery, farm machinery,	26
and trailers that are designed and used exclusively to transport a	27
boat between a place of storage and a marina, or in and around a	28
marina, when drawn or towed on a public road or highway for a	29
distance of no more than ten miles and at a speed of twenty-five	30
miles per hour or less.	31

(C) "Agricultural tractor" and "traction engine" mean any	32
self-propelling vehicle that is designed or used for drawing other	33
vehicles or wheeled machinery, but has no provisions for carrying	34
loads independently of such other vehicles, and that is used	35
principally for agricultural purposes.	36

(D) "Commercial tractor," except as defined in division (C)	37
of this section, means any motor vehicle that has motive power and	38
either is designed or used for drawing other motor vehicles, or is	39
designed or used for drawing another motor vehicle while carrying	40
a portion of the other motor vehicle or its load, or both.	41

(E) "Passenger car" means any motor vehicle that is designed	42
and used for carrying not more than nine persons and includes any	43
motor vehicle that is designed and used for carrying not more than	44
fifteen persons in a ridesharing arrangement.	45

(F) "Collector's vehicle" means any motor vehicle or	46
agricultural tractor or traction engine that is of special	47
interest, that has a fair market value of one hundred dollars or	48
more, whether operable or not, and that is owned, operated,	49
collected, preserved, restored, maintained, or used essentially as	50
a collector's item, leisure pursuit, or investment, but not as the	51
owner's principal means of transportation. "Licensed collector's	52
vehicle" means a collector's vehicle, other than an agricultural	53
tractor or traction engine, that displays current, valid license	54
tags issued under section 4503.45 of the Revised Code, or a	55
similar type of motor vehicle that displays current, valid license	56
tags issued under substantially equivalent provisions in the laws	57
of other states.	58

(G) "Historical motor vehicle" means any motor vehicle that	59
is over twenty-five years old and is owned solely as a collector's	60
item and for participation in club activities, exhibitions, tours,	61
parades, and similar uses, but that in no event is used for	62
general transportation.	63

(H) "Noncommercial motor vehicle" means any motor vehicle,	64
including a farm truck as defined in section 4503.04 of the	65
Revised Code, that is designed by the manufacturer to carry a load	66
of no more than one ton and is used exclusively for purposes other	67
than engaging in business for profit.	68

(I) "Bus" means any motor vehicle that has motor power and is	69
designed and used for carrying more than nine passengers, except	70
any motor vehicle that is designed and used for carrying not more	71
than fifteen passengers in a ridesharing arrangement.	72

(J) "Commercial car" or "truck" means any motor vehicle that	73
has motor power and is designed and used for carrying merchandise	74
or freight, or that is used as a commercial tractor.	75

(K) "Bicycle" means every device, other than a tricycle that	76
is designed solely for use as a play vehicle by a child, that is	77
propelled solely by human power upon which any person may ride,	78
and that has two tandem wheels, or one wheel in front and two	79
wheels in the rear, or two wheels in the front and one wheel in	80
the rear, any of which is more than fourteen inches in diameter.	81

(L) "Motorized bicycle" means any vehicle that either has two	82
tandem wheels or one wheel in the front and two wheels in the	83
rear, that is capable of being pedaled, and that is equipped with	84
a helper motor of not more than fifty cubic centimeters piston	85
displacement that produces no more than one brake horsepower and	86
is capable of propelling the vehicle at a speed of no greater than	87
twenty miles per hour on a level surface.	88

(M) "Trailer" means any vehicle without motive power that is	89
designed or used for carrying property or persons wholly on its	90
own structure and for being drawn by a motor vehicle, and includes	91
any such vehicle that is formed by or operated as a combination of	92
a semitrailer and a vehicle of the dolly type such as that	93
commonly known as a trailer dolly, a vehicle used to transport	94
agricultural produce or agricultural production materials between	95
a local place of storage or supply and the farm when drawn or	96
towed on a public road or highway at a speed greater than	97
twenty-five miles per hour, and a vehicle that is designed and	98
used exclusively to transport a boat between a place of storage	99
and a marina, or in and around a marina, when drawn or towed on a	100
public road or highway for a distance of more than ten miles or at	101
a speed of more than twenty-five miles per hour. "Trailer" does	102
not include a manufactured home or travel trailer.	103

(N) "Noncommercial trailer" means any trailer, except a	104
travel trailer or trailer that is used to transport a boat as	105
described in division (B) of this section, but, where applicable,	106
includes a vehicle that is used to transport a boat as described	107
in division (M) of this section, that has a gross weight of no	108
more than three thousand pounds, and that is used exclusively for	109
purposes other than engaging in business for a profit.	110

(O) "Mobile home" means a building unit or assembly of closed	111
construction that is fabricated in an off-site facility, is more	112
than thirty-five body feet in length or, when erected on site, is	113
three hundred twenty or more square feet, is built on a permanent	114
chassis, is transportable in one or more sections, and does not	115
qualify as a manufactured home as defined in division (C)(4) of	116
section 3781.06 of the Revised Code or as an industrialized unit	117
as defined in division (C)(3) of section 3781.06 of the Revised	118
Code.	119

(P) "Semitrailer" means any vehicle of the trailer type that	120
does not have motive power and is so designed or used with another	121
and separate motor vehicle that in operation a part of its own	122
weight or that of its load, or both, rests upon and is carried by	123
the other vehicle furnishing the motive power for propelling	124
itself and the vehicle referred to in this division, and includes,	125
for the purpose only of registration and taxation under those	126
chapters, any vehicle of the dolly type, such as a trailer dolly,	127
that is designed or used for the conversion of a semitrailer into	128
a trailer.	129

(Q) "Recreational vehicle" means a vehicular portable	130
structure that meets all of the following conditions:	131

(1) It is designed for the sole purpose of recreational	132
travel.	133

(2) It is not used for the purpose of engaging in business	134
for profit.	135

(3) It is not used for the purpose of engaging in intrastate	136
commerce.	137

(4) It is not used for the purpose of commerce as defined in	138
49 C.F.R. 383.5, as amended.	139

(5) It is not regulated by the public utilities commission	140
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	141

(6) It is classed as one of the following:

142

(a) "Travel trailer" means a nonself-propelled recreational	143
vehicle that does not exceed an overall length of thirty-five	144
feet, exclusive of bumper and tongue or coupling, and contains	145
less than three hundred twenty square feet of space when erected	146
on site. "Travel trailer" includes a tent-type fold-out camping	147
trailer as defined in section 4517.01 of the Revised Code.	148

(b) "Motor home" means a self-propelled recreational vehicle	149
that has no fifth wheel and is constructed with permanently	150
installed facilities for cold storage, cooking and consuming of	151
food, and for sleeping.	152

(c) "Truck camper" means a nonself-propelled recreational	153
vehicle that does not have wheels for road use and is designed to	154
be placed upon and attached to a motor vehicle. "Truck camper"	155
does not include truck covers that consist of walls and a roof,	156
but do not have floors and facilities enabling them to be used as	157
a dwelling.	158

(d) "Fifth wheel trailer" means a vehicle that is of such	159
size and weight as to be movable without a special highway permit,	160
that has a gross trailer area of four hundred square feet or less,	161
that is constructed with a raised forward section that allows a	162
bi-level floor plan, and that is designed to be towed by a vehicle	163
equipped with a fifth-wheel hitch ordinarily installed in the bed	164
of a truck.	165

(e) "Park trailer" means a vehicle that is commonly known as	166
a park model recreational vehicle, meets the American national	167
standard institute standard A119.5 (1988) for park trailers, is	168
built on a single chassis, has a gross trailer area of four	169
hundred square feet or less when set up, is designed for seasonal	170
or temporary living quarters, and may be connected to utilities	171
necessary for the operation of installed features and appliances.	172

(R) "Pneumatic tires" means tires of rubber and fabric or	173
tires of similar material, that are inflated with air.	174

(S) "Solid tires" means tires of rubber or similar elastic	175
material that are not dependent upon confined air for support of	176
the load.	177

(T) "Solid tire vehicle" means any vehicle that is equipped	178
with two or more solid tires.	179

(U) "Farm machinery" means all machines and tools that are	180
used in the production, harvesting, and care of farm products, and	181
includes trailers that are used to transport agricultural produce	182
or agricultural production materials between a local place of	183
storage or supply and the farm, agricultural tractors, threshing	184
machinery, hay-baling machinery, corn shellers, hammermills, and	185
machinery used in the production of horticultural, agricultural,	186
and vegetable products.	187

(V) "Owner" includes any person or firm, other than a	188
manufacturer or dealer, that has title to a motor vehicle, except	189
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	190
includes in addition manufacturers and dealers.	191

(W) "Manufacturer" and "dealer" include all persons and firms	192
that are regularly engaged in the business of manufacturing,	193
selling, displaying, offering for sale, or dealing in motor	194
vehicles, at an established place of business that is used	195
exclusively for the purpose of manufacturing, selling, displaying,	196
offering for sale, or dealing in motor vehicles. A place of	197
business that is used for manufacturing, selling, displaying,	198
offering for sale, or dealing in motor vehicles shall be deemed to	199
be used exclusively for those purposes even though snowmobiles or	200
all-purpose vehicles are sold or displayed for sale thereat, even	201
though farm machinery is sold or displayed for sale thereat, or	202
even though repair, accessory, gasoline and oil, storage, parts,	203
service, or paint departments are maintained thereat, or, in any	204
county having a population of less than seventy-five thousand at	205
the last federal census, even though a department in a place of	206
business is used to dismantle, salvage, or rebuild motor vehicles	207
by means of used parts, if such departments are operated for the	208
purpose of furthering and assisting in the business of	209
manufacturing, selling, displaying, offering for sale, or dealing	210
in motor vehicles. Places of business or departments in a place of	211
business used to dismantle, salvage, or rebuild motor vehicles by	212
means of using used parts are not considered as being maintained	213
for the purpose of assisting or furthering the manufacturing,	214
selling, displaying, and offering for sale or dealing in motor	215
vehicles.	216

(X) "Operator" includes any person who drives or operates a	217
motor vehicle upon the public highways.	218

(Y) "Chauffeur" means any operator who operates a motor	219
vehicle, other than a taxicab, as an employee for hire; or any	220
operator whether or not the owner of a motor vehicle, other than a	221
taxicab, who operates such vehicle for transporting, for gain,	222
compensation, or profit, either persons or property owned by	223
another. Any operator of a motor vehicle who is voluntarily	224
involved in a ridesharing arrangement is not considered an	225
employee for hire or operating such vehicle for gain,	226
compensation, or profit.	227

(Z) "State" includes the territories and federal districts of	228
the United States, and the provinces of Canada.	229

(AA) "Public roads and highways" for vehicles includes all	230
public thoroughfares, bridges, and culverts.	231

(BB) "Manufacturer's number" means the manufacturer's	232
original serial number that is affixed to or imprinted upon the	233
chassis or other part of the motor vehicle.	234

(CC) "Motor number" means the manufacturer's original number	235
that is affixed to or imprinted upon the engine or motor of the	236
vehicle.	237

(DD) "Distributor" means any person who is authorized by a	238
motor vehicle manufacturer to distribute new motor vehicles to	239
licensed motor vehicle dealers at an established place of business	240
that is used exclusively for the purpose of distributing new motor	241
vehicles to licensed motor vehicle dealers, except when the	242
distributor also is a new motor vehicle dealer, in which case the	243
distributor may distribute at the location of the distributor's	244
licensed dealership.	245

(EE) "Ridesharing arrangement" means the transportation of	246
persons in a motor vehicle where the transportation is incidental	247
to another purpose of a volunteer driver and includes ridesharing	248
arrangements known as carpools, vanpools, and buspools.	249

(FF) "Apportionable vehicle" means any vehicle that is used	250
or intended for use in two or more international registration plan	251
member jurisdictions that allocate or proportionally register	252
vehicles, that is used for the transportation of persons for hire	253
or designed, used, or maintained primarily for the transportation	254
of property, and that meets any of the following qualifications:	255

(1) Is a power unit having a gross vehicle weight in excess	256
of twenty-six thousand pounds;	257

(2) Is a power unit having three or more axles, regardless of	258
the gross vehicle weight;	259

(3) Is a combination vehicle with a gross vehicle weight in	260
excess of twenty-six thousand pounds.	261

"Apportionable vehicle" does not include recreational	262
vehicles, vehicles displaying restricted plates, city pick-up and	263
delivery vehicles, buses used for the transportation of chartered	264
parties, or vehicles owned and operated by the United States, this	265
state, or any political subdivisions thereof.	266

(GG) "Chartered party" means a group of persons who contract	267
as a group to acquire the exclusive use of a passenger-carrying	268
motor vehicle at a fixed charge for the vehicle in accordance with	269
the carrier's tariff, lawfully on file with the United States	270
department of transportation, for the purpose of group travel to a	271
specified destination or for a particular itinerary, either agreed	272
upon in advance or modified by the chartered group after having	273
left the place of origin.	274

(HH) "International registration plan" means a reciprocal	275
agreement of member jurisdictions that is endorsed by the American	276
association of motor vehicle administrators, and that promotes and	277
encourages the fullest possible use of the highway system by	278
authorizing apportioned registration of fleets of vehicles and	279
recognizing registration of vehicles apportioned in member	280
jurisdictions.	281

(II) "Restricted plate" means a license plate that has a	282
restriction of time, geographic area, mileage, or commodity, and	283
includes license plates issued to farm trucks under division (J)	284
of section 4503.04 of the Revised Code.	285

(JJ) "Gross vehicle weight," with regard to any commercial	286
car, trailer, semitrailer, or bus that is taxed at the rates	287
established under section 4503.042 or 4503.65 of the Revised Code,	288
means the unladen weight of the vehicle fully equipped plus the	289
maximum weight of the load to be carried on the vehicle.	290

(KK) "Combined gross vehicle weight" with regard to any	291
combination of a commercial car, trailer, and semitrailer, that is	292
taxed at the rates established under section 4503.042 or 4503.65	293
of the Revised Code, means the total unladen weight of the	294
combination of vehicles fully equipped plus the maximum weight of	295
the load to be carried on that combination of vehicles.	296

(LL) "Chauffeured limousine" means a motor vehicle that is	297
designed to carry nine or fewer passengers and is operated for	298
hire on an hourly basis pursuant to a prearranged contract for the	299
transportation of passengers on public roads and highways along a	300
route under the control of the person hiring the vehicle and not	301
over a defined and regular route. "Prearranged contract" means an	302
agreement, made in advance of boarding, to provide transportation	303
from a specific location in a chauffeured limousine at a fixed	304
rate per hour or trip. "Chauffeured limousine" does not include	305
any vehicle that is used exclusively in the business of funeral	306
directing.	307

(MM) "Manufactured home" has the same meaning as in division	308
(C)(4) of section 3781.06 of the Revised Code.	309

(NN) "Acquired situs," with respect to a manufactured home or	310
a mobile home, means to become located in this state by the	311
placement of the home on real property, but does not include the	312
placement of a manufactured home or a mobile home in the inventory	313
of a new motor vehicle dealer or the inventory of a manufacturer,	314
remanufacturer, or distributor of manufactured or mobile homes.	315

(OO) "Electronic" includes electrical, digital, magnetic,	316
optical, electromagnetic, or any other form of technology that	317
entails capabilities similar to these technologies.	318

(PP) "Electronic record" means a record generated,	319
communicated, received, or stored by electronic means for use in	320
an information system or for transmission from one information	321
system to another.	322

(QQ) "Electronic signature" means a signature in electronic	323
form attached to or logically associated with an electronic	324
record.	325

(RR) "Financial transaction device" has the same meaning as	326
in division (A) of section 113.40 of the Revised Code.	327

(SS) "Electronic motor vehicle dealer" means a motor vehicle	328
dealer licensed under Chapter 4517. of the Revised Code whom the	329
registrar of motor vehicles determines meets the criteria	330
designated in section 4503.035 of the Revised Code for electronic	331
motor vehicle dealers and designates as an electronic motor	332
vehicle dealer under that section.	333

(TT) "Electric personal assistive mobility device" means a	334
self-balancing two non-tandem wheeled device that is designed to	335
transport only one person, has an electric propulsion system of an	336
average of seven hundred fifty watts, and when ridden on a paved	337
level surface by an operator who weighs one hundred seventy pounds	338
has a maximum speed of less than twenty miles per hour.	339

(UU) "Limited driving privileges" means the privilege to	340
operate a motor vehicle that a court grants under section 4510.021	341
of the Revised Code to a person whose driver's or commercial	342
driver's license or permit or nonresident operating privilege has	343
been suspended.	344

(VV) "Utility vehicle" means a self-propelled vehicle	345
designed with a bed, principally for the purpose of transporting	346
material or cargo in connection with construction, agricultural,	347
forestry, grounds maintenance, lawn and garden, materials	348
handling, or similar activities, but in no event is used for	349
general transportation. "Utility vehicle" includes a vehicle with	350
a maximum attainable speed of twenty miles per hour or less that	351
is used exclusively within the boundaries of state parks by state	352
park employees or volunteers for the operation or maintenance of	353
state park facilities.	354

(WW) "Mini-truck" means a motor vehicle that has four wheels,	355
is propelled by an electric motor with a rated power of seven	356
thousand five hundred watts or less or an internal combustion	357
engine with a piston displacement capacity of six hundred sixty	358
cubic centimeters or less, has a total dry weight of nine hundred	359
to two thousand two hundred pounds, contains an enclosed cabin and	360
a seat for the vehicle operator, resembles a pickup truck or van	361
with a cargo area or bed located at the rear of the vehicle, and	362
was not originally manufactured to meet federal motor vehicle	363
safety standards.	364

Sec. 4507.11.  (A) The registrar of motor vehicles shall	365
conduct all necessary examinations of applicants for temporary	366
instruction permits, drivers' licenses, or motorcycle operators'	367
endorsements. The examination shall include a test of the	368
applicant's knowledge of motor vehicle laws, including the laws on	369
stopping for school buses, a test of the applicant's physical	370
fitness to drive, and a test of the applicant's ability to	371
understand highway traffic control devices. The examination may be	372
conducted in such a manner that applicants who are illiterate or	373
limited in their knowledge of the English language may be tested	374
by methods that would indicate to the examining officer that the	375
applicant has a reasonable knowledge of motor vehicle laws and	376
understands highway traffic control devices. An applicant for a	377
driver's license shall give an actual demonstration of the ability	378
to exercise ordinary and reasonable control in the operation of a	379
motor vehicle by driving the same under the supervision of an	380
examining officer; for the purpose of the actual demonstration of	381
ability to exercise ordinary and reasonable control over a	382
vehicle, each applicant shall use a vehicle that is able to be	383
operated on any highway in the state. Except as provided in	384
division (B) of this section, an applicant for a motorcycle	385
operator's endorsement or a restricted license that permits only	386
the operation of a motorcycle shall give an actual demonstration	387
of the ability to exercise ordinary and reasonable control in the	388
operation of a motorcycle by driving the same under the	389
supervision of an examining officer. Except as provided in section	390
4507.12 of the Revised Code, the registrar shall designate the	391
highway patrol, any law enforcement body, or any other employee of	392
the department of public safety to supervise and conduct	393
examinations for temporary instruction permits, drivers' licenses,	394
and motorcycle operators' endorsements and shall provide the	395
necessary rules and forms to properly conduct the examinations.	396
The records of the examinations, together with the application for	397
a temporary instruction permit, driver's license, or motorcycle	398
operator's endorsement, shall be forwarded to the registrar by the	399
deputy registrar, and, if in the opinion of the registrar the	400
applicant is qualified to operate a motor vehicle, the registrar	401
shall issue the permit, license, or endorsement.	402

The registrar may authorize the highway patrol, other	403
designated law enforcement body, or other designated employee of	404
the department of public safety to issue an examiner's driving	405
permit to an applicant who has passed the required examination,	406
authorizing that applicant to operate a motor vehicle while the	407
registrar is completing an investigation relative to that	408
applicant's qualifications to receive a temporary instruction	409
permit, driver's license, or motorcycle operator's endorsement.	410
The examiner's driving permit shall be in the immediate possession	411
of the applicant while operating a motor vehicle and shall be	412
effective until final action and notification has been given by	413
the registrar, but in no event longer than sixty days from its	414
date of issuance.	415

(B)(1) An applicant for a motorcycle operator's endorsement	416
or a restricted license that permits only the operation of a	417
motorcycle who presents to the registrar of motor vehicles or a	418
deputy registrar a form approved by the director of public safety	419
attesting to the applicant's successful completion within the	420
preceding sixty days of a course of basic instruction provided by	421
the motorcycle safety and education program approved by the	422
director pursuant to section 4508.08 of the Revised Code shall not	423
be required to give an actual demonstration of the ability to	424
operate a motorcycle by driving a motorcycle under the supervision	425
of an examining officer, as described in division (A) of this	426
section. Upon presentation of the form described in division	427
(B)(1) of this section and compliance with all other requirements	428
relating to the issuance of a motorcycle operator's endorsement or	429
a restricted license that permits only the operation of a	430
motorcycle, the registrar or deputy registrar shall issue to the	431
applicant the endorsement or restricted license, as the case may	432
be.	433

(2) A person who has not attained eighteen years of age and	434
presents an application for a motorcycle operator's endorsement or	435
a restricted license under division (B)(1) of this section also	436
shall comply with the requirements of section 4507.21 of the	437
Revised Code.	438

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	439
of the Revised Code:	440

(A) "Vehicle" means every device, including a motorized	441
bicycle, in, upon, or by which any person or property may be	442
transported or drawn upon a highway, except that "vehicle" does	443
not include any motorized wheelchair, any electric personal	444
assistive mobility device, any device that is moved by power	445
collected from overhead electric trolley wires or that is used	446
exclusively upon stationary rails or tracks, or any device, other	447
than a bicycle, that is moved by human power.	448

(B) "Motor vehicle" means every vehicle propelled or drawn by	449
power other than muscular power or power collected from overhead	450
electric trolley wires, except motorized bicycles, road rollers,	451
traction engines, power shovels, power cranes, and other equipment	452
used in construction work and not designed for or employed in	453
general highway transportation, hole-digging machinery,	454
well-drilling machinery, ditch-digging machinery, farm machinery,	455
and trailers designed and used exclusively to transport a boat	456
between a place of storage and a marina, or in and around a	457
marina, when drawn or towed on a street or highway for a distance	458
of no more than ten miles and at a speed of twenty-five miles per	459
hour or less.	460

(C) "Motorcycle" means every motor vehicle, other than a	461
tractor, having a seat or saddle for the use of the operator and	462
designed to travel on not more than three wheels in contact with	463
the ground, including, but not limited to, motor vehicles known as	464
"motor-driven cycle," "motor scooter," or "motorcycle" without	465
regard to weight or brake horsepower.	466

(D) "Emergency vehicle" means emergency vehicles of	467
municipal, township, or county departments or public utility	468
corporations when identified as such as required by law, the	469
director of public safety, or local authorities, and motor	470
vehicles when commandeered by a police officer.	471

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

472

(1) Ambulances, including private ambulance companies under	473
contract to a municipal corporation, township, or county, and	474
private ambulances and nontransport vehicles bearing license	475
plates issued under section 4503.49 of the Revised Code;	476

(2) Motor vehicles used by public law enforcement officers or	477
other persons sworn to enforce the criminal and traffic laws of	478
the state;	479

(3) Any motor vehicle when properly identified as required by	480
the director of public safety, when used in response to fire	481
emergency calls or to provide emergency medical service to ill or	482
injured persons, and when operated by a duly qualified person who	483
is a member of a volunteer rescue service or a volunteer fire	484
department, and who is on duty pursuant to the rules or directives	485
of that service. The state fire marshal shall be designated by the	486
director of public safety as the certifying agency for all public	487
safety vehicles described in division (E)(3) of this section.	488

(4) Vehicles used by fire departments, including motor	489
vehicles when used by volunteer fire fighters responding to	490
emergency calls in the fire department service when identified as	491
required by the director of public safety.	492

Any vehicle used to transport or provide emergency medical	493
service to an ill or injured person, when certified as a public	494
safety vehicle, shall be considered a public safety vehicle when	495
transporting an ill or injured person to a hospital regardless of	496
whether such vehicle has already passed a hospital.	497

(5) Vehicles used by the motor carrier enforcement unit for	498
the enforcement of orders and rules of the public utilities	499
commission as specified in section 5503.34 of the Revised Code.	500

(F) "School bus" means every bus designed for carrying more	501
than nine passengers that is owned by a public, private, or	502
governmental agency or institution of learning and operated for	503
the transportation of children to or from a school session or a	504
school function, or owned by a private person and operated for	505
compensation for the transportation of children to or from a	506
school session or a school function, provided "school bus" does	507
not include a bus operated by a municipally owned transportation	508
system, a mass transit company operating exclusively within the	509
territorial limits of a municipal corporation, or within such	510
limits and the territorial limits of municipal corporations	511
immediately contiguous to such municipal corporation, nor a common	512
passenger carrier certified by the public utilities commission	513
unless such bus is devoted exclusively to the transportation of	514
children to and from a school session or a school function, and	515
"school bus" does not include a van or bus used by a licensed	516
child day-care center or type A family day-care home to transport	517
children from the child day-care center or type A family day-care	518
home to a school if the van or bus does not have more than fifteen	519
children in the van or bus at any time.	520

(G) "Bicycle" means every device, other than a tricycle	521
designed solely for use as a play vehicle by a child, propelled	522
solely by human power upon which any person may ride having two	523
tandem wheels, or one wheel in the front and two wheels in the	524
rear, or two wheels in the front and one wheel in the rear, any of	525
which is more than fourteen inches in diameter.	526

(H) "Motorized bicycle" means any vehicle having either two	527
tandem wheels or one wheel in the front and two wheels in the	528
rear, that is capable of being pedaled and is equipped with a	529
helper motor of not more than fifty cubic centimeters piston	530
displacement that produces no more than one brake horsepower and	531
is capable of propelling the vehicle at a speed of no greater than	532
twenty miles per hour on a level surface.	533

(I) "Commercial tractor" means every motor vehicle having	534
motive power designed or used for drawing other vehicles and not	535
so constructed as to carry any load thereon, or designed or used	536
for drawing other vehicles while carrying a portion of such other	537
vehicles, or load thereon, or both.	538

(J) "Agricultural tractor" means every self-propelling	539
vehicle designed or used for drawing other vehicles or wheeled	540
machinery but having no provision for carrying loads independently	541
of such other vehicles, and used principally for agricultural	542
purposes.	543

(K) "Truck" means every motor vehicle, except trailers and	544
semitrailers, designed and used to carry property.	545

(L) "Bus" means every motor vehicle designed for carrying	546
more than nine passengers and used for the transportation of	547
persons other than in a ridesharing arrangement, and every motor	548
vehicle, automobile for hire, or funeral car, other than a taxicab	549
or motor vehicle used in a ridesharing arrangement, designed and	550
used for the transportation of persons for compensation.	551

(M) "Trailer" means every vehicle designed or used for	552
carrying persons or property wholly on its own structure and for	553
being drawn by a motor vehicle, including any such vehicle when	554
formed by or operated as a combination of a "semitrailer" and a	555
vehicle of the dolly type, such as that commonly known as a	556
"trailer dolly," a vehicle used to transport agricultural produce	557
or agricultural production materials between a local place of	558
storage or supply and the farm when drawn or towed on a street or	559
highway at a speed greater than twenty-five miles per hour, and a	560
vehicle designed and used exclusively to transport a boat between	561
a place of storage and a marina, or in and around a marina, when	562
drawn or towed on a street or highway for a distance of more than	563
ten miles or at a speed of more than twenty-five miles per hour.	564

(N) "Semitrailer" means every vehicle designed or used for	565
carrying persons or property with another and separate motor	566
vehicle so that in operation a part of its own weight or that of	567
its load, or both, rests upon and is carried by another vehicle.	568

(O) "Pole trailer" means every trailer or semitrailer	569
attached to the towing vehicle by means of a reach, pole, or by	570
being boomed or otherwise secured to the towing vehicle, and	571
ordinarily used for transporting long or irregular shaped loads	572
such as poles, pipes, or structural members capable, generally, of	573
sustaining themselves as beams between the supporting connections.	574

(P) "Railroad" means a carrier of persons or property	575
operating upon rails placed principally on a private right-of-way.	576

(Q) "Railroad train" means a steam engine or an electric or	577
other motor, with or without cars coupled thereto, operated by a	578
railroad.	579

(R) "Streetcar" means a car, other than a railroad train, for	580
transporting persons or property, operated upon rails principally	581
within a street or highway.	582

(S) "Trackless trolley" means every car that collects its	583
power from overhead electric trolley wires and that is not	584
operated upon rails or tracks.	585

(T) "Explosives" means any chemical compound or mechanical	586
mixture that is intended for the purpose of producing an explosion	587
that contains any oxidizing and combustible units or other	588
ingredients in such proportions, quantities, or packing that an	589
ignition by fire, by friction, by concussion, by percussion, or by	590
a detonator of any part of the compound or mixture may cause such	591
a sudden generation of highly heated gases that the resultant	592
gaseous pressures are capable of producing destructive effects on	593
contiguous objects, or of destroying life or limb. Manufactured	594
articles shall not be held to be explosives when the individual	595
units contain explosives in such limited quantities, of such	596
nature, or in such packing, that it is impossible to procure a	597
simultaneous or a destructive explosion of such units, to the	598
injury of life, limb, or property by fire, by friction, by	599
concussion, by percussion, or by a detonator, such as fixed	600
ammunition for small arms, firecrackers, or safety fuse matches.	601

(U) "Flammable liquid" means any liquid that has a flash	602
point of seventy degrees fahrenheit, or less, as determined by a	603
tagliabue or equivalent closed cup test device.	604

(V) "Gross weight" means the weight of a vehicle plus the	605
weight of any load thereon.	606

(W) "Person" means every natural person, firm,	607
co-partnership, association, or corporation.	608

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

609

(Y) "Driver or operator" means every person who drives or is	610
in actual physical control of a vehicle, trackless trolley, or	611
streetcar.	612

(Z) "Police officer" means every officer authorized to direct	613
or regulate traffic, or to make arrests for violations of traffic	614
regulations.	615

(AA) "Local authorities" means every county, municipal, and	616
other local board or body having authority to adopt police	617
regulations under the constitution and laws of this state.	618

(BB) "Street" or "highway" means the entire width between the	619
boundary lines of every way open to the use of the public as a	620
thoroughfare for purposes of vehicular travel.	621

(CC) "Controlled-access highway" means every street or	622
highway in respect to which owners or occupants of abutting lands	623
and other persons have no legal right of access to or from the	624
same except at such points only and in such manner as may be	625
determined by the public authority having jurisdiction over such	626
street or highway.	627

(DD) "Private road or driveway" means every way or place in	628
private ownership used for vehicular travel by the owner and those	629
having express or implied permission from the owner but not by	630
other persons.	631

(EE) "Roadway" means that portion of a highway improved,	632
designed, or ordinarily used for vehicular travel, except the berm	633
or shoulder. If a highway includes two or more separate roadways	634
the term "roadway" means any such roadway separately but not all	635
such roadways collectively.	636

(FF) "Sidewalk" means that portion of a street between the	637
curb lines, or the lateral lines of a roadway, and the adjacent	638
property lines, intended for the use of pedestrians.	639

(GG) "Laned highway" means a highway the roadway of which is	640
divided into two or more clearly marked lanes for vehicular	641
traffic.	642

(HH) "Through highway" means every street or highway as	643
provided in section 4511.65 of the Revised Code.	644

(II) "State highway" means a highway under the jurisdiction	645
of the department of transportation, outside the limits of	646
municipal corporations, provided that the authority conferred upon	647
the director of transportation in section 5511.01 of the Revised	648
Code to erect state highway route markers and signs directing	649
traffic shall not be modified by sections 4511.01 to 4511.79 and	650
4511.99 of the Revised Code.	651

(JJ) "State route" means every highway that is designated	652
with an official state route number and so marked.	653

(KK) "Intersection" means:

654

(1) The area embraced within the prolongation or connection	655
of the lateral curb lines, or, if none, then the lateral boundary	656
lines of the roadways of two highways which join one another at,	657
or approximately at, right angles, or the area within which	658
vehicles traveling upon different highways joining at any other	659
angle may come in conflict.	660

(2) Where a highway includes two roadways thirty feet or more	661
apart, then every crossing of each roadway of such divided highway	662
by an intersecting highway shall be regarded as a separate	663
intersection. If an intersecting highway also includes two	664
roadways thirty feet or more apart, then every crossing of two	665
roadways of such highways shall be regarded as a separate	666
intersection.	667

(3) The junction of an alley with a street or highway, or	668
with another alley, shall not constitute an intersection.	669

(LL) "Crosswalk" means:

670

(1) That part of a roadway at intersections ordinarily	671
included within the real or projected prolongation of property	672
lines and curb lines or, in the absence of curbs, the edges of the	673
traversable roadway;	674

(2) Any portion of a roadway at an intersection or elsewhere,	675
distinctly indicated for pedestrian crossing by lines or other	676
markings on the surface;	677

(3) Notwithstanding divisions (LL)(1) and (2) of this	678
section, there shall not be a crosswalk where local authorities	679
have placed signs indicating no crossing.	680

(MM) "Safety zone" means the area or space officially set	681
apart within a roadway for the exclusive use of pedestrians and	682
protected or marked or indicated by adequate signs as to be	683
plainly visible at all times.	684

(NN) "Business district" means the territory fronting upon a	685
street or highway, including the street or highway, between	686
successive intersections within municipal corporations where fifty	687
per cent or more of the frontage between such successive	688
intersections is occupied by buildings in use for business, or	689
within or outside municipal corporations where fifty per cent or	690
more of the frontage for a distance of three hundred feet or more	691
is occupied by buildings in use for business, and the character of	692
such territory is indicated by official traffic control devices.	693

(OO) "Residence district" means the territory, not comprising	694
a business district, fronting on a street or highway, including	695
the street or highway, where, for a distance of three hundred feet	696
or more, the frontage is improved with residences or residences	697
and buildings in use for business.	698

(PP) "Urban district" means the territory contiguous to and	699
including any street or highway which is built up with structures	700
devoted to business, industry, or dwelling houses situated at	701
intervals of less than one hundred feet for a distance of a	702
quarter of a mile or more, and the character of such territory is	703
indicated by official traffic control devices.	704

(QQ) "Traffic control devices" means all flaggers, signs,	705
signals, markings, and devices placed or erected by authority of a	706
public body or official having jurisdiction, for the purpose of	707
regulating, warning, or guiding traffic, including signs denoting	708
names of streets and highways.	709

(RR) "Traffic control signal" means any device, whether	710
manually, electrically, or mechanically operated, by which traffic	711
is alternately directed to stop, to proceed, to change direction,	712
or not to change direction.	713

(SS) "Railroad sign or signal" means any sign, signal, or	714
device erected by authority of a public body or official or by a	715
railroad and intended to give notice of the presence of railroad	716
tracks or the approach of a railroad train.	717

(TT) "Traffic" means pedestrians, ridden or herded animals,	718
vehicles, streetcars, trackless trolleys, and other devices,	719
either singly or together, while using any highway for purposes of	720
travel.	721

(UU) "Right-of-way" means either of the following, as the	722
context requires:	723

(1) The right of a vehicle, streetcar, trackless trolley, or	724
pedestrian to proceed uninterruptedly in a lawful manner in the	725
direction in which it or the individual is moving in preference to	726
another vehicle, streetcar, trackless trolley, or pedestrian	727
approaching from a different direction into its or the	728
individual's path;	729

(2) A general term denoting land, property, or the interest	730
therein, usually in the configuration of a strip, acquired for or	731
devoted to transportation purposes. When used in this context,	732
right-of-way includes the roadway, shoulders or berm, ditch, and	733
slopes extending to the right-of-way limits under the control of	734
the state or local authority.	735

(VV) "Rural mail delivery vehicle" means every vehicle used	736
to deliver United States mail on a rural mail delivery route.	737

(WW) "Funeral escort vehicle" means any motor vehicle,	738
including a funeral hearse, while used to facilitate the movement	739
of a funeral procession.	740

(XX) "Alley" means a street or highway intended to provide	741
access to the rear or side of lots or buildings in urban districts	742
and not intended for the purpose of through vehicular traffic, and	743
includes any street or highway that has been declared an "alley"	744
by the legislative authority of the municipal corporation in which	745
such street or highway is located.	746

(YY) "Freeway" means a divided multi-lane highway for through	747
traffic with all crossroads separated in grade and with full	748
control of access.	749

(ZZ) "Expressway" means a divided arterial highway for	750
through traffic with full or partial control of access with an	751
excess of fifty per cent of all crossroads separated in grade.	752

(AAA) "Thruway" means a through highway whose entire roadway	753
is reserved for through traffic and on which roadway parking is	754
prohibited.	755

(BBB) "Stop intersection" means any intersection at one or	756
more entrances of which stop signs are erected.	757

(CCC) "Arterial street" means any United States or state	758
numbered route, controlled access highway, or other major radial	759
or circumferential street or highway designated by local	760
authorities within their respective jurisdictions as part of a	761
major arterial system of streets or highways.	762

(DDD) "Ridesharing arrangement" means the transportation of	763
persons in a motor vehicle where such transportation is incidental	764
to another purpose of a volunteer driver and includes ridesharing	765
arrangements known as carpools, vanpools, and buspools.	766

(EEE) "Motorized wheelchair" means any self-propelled vehicle	767
designed for, and used by, a handicapped person and that is	768
incapable of a speed in excess of eight miles per hour.	769

(FFF) "Child day-care center" and "type A family day-care	770
home" have the same meanings as in section 5104.01 of the Revised	771
Code.	772

(GGG) "Multi-wheel agricultural tractor" means a type of	773
agricultural tractor that has two or more wheels or tires on each	774
side of one axle at the rear of the tractor, is designed or used	775
for drawing other vehicles or wheeled machinery, has no provision	776
for carrying loads independently of the drawn vehicles or	777
machinery, and is used principally for agricultural purposes.	778

(HHH) "Operate" means to cause or have caused movement of a	779
vehicle, streetcar, or trackless trolley.	780

(III) "Predicate motor vehicle or traffic offense" means any	781
of the following:	782

(1) A violation of section 4511.03, 4511.051, 4511.12,	783
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	784
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	785
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	786
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	787
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	788
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	789
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	790
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	791
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	792
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	793

(2) A violation of division (A)(2) of section 4511.17,	794
division (A)(1) of section 4511.214, divisions (A) to (D) of	795
section 4511.51, or division (A) of section 4511.74 of the Revised	796
Code;	797

(3) A violation of any provision of sections 4511.01 to	798
4511.76 of the Revised Code for which no penalty otherwise is	799
provided in the section that contains the provision violated;	800

(4) A violation of a municipal ordinance that is	801
substantially similar to any section or provision set forth or	802
described in division (III)(1), (2), or (3) of this section.	803

(JJJ) "Road service vehicle" means wreckers, utility repair	804
vehicles, and state, county, and municipal service vehicles	805
equipped with visual signals by means of flashing, rotating, or	806
oscillating lights.	807

Sec. 4511.072.  (A) By ordinance or resolution, a local	808
authority may authorize the operation of mini-trucks on a public	809
street or highway under its jurisdiction in accordance with this	810
section and any additional, more stringent requirements the local	811
authority may establish. A local authority that authorizes the	812
operation of mini-trucks shall do all of the following:	813

(1) Require any mini-truck operated on the public streets or	814
highways to be equipped with all of the following:	815

(a) At least two headlights;

816

(b) At least two tail lights;

817

(c) Front and rear turn signal lights;

818

(d) An exterior mirror mounted on the driver's side of the	819
vehicle and either an exterior mirror mounted on the passenger's	820
side of the vehicle or an interior mirror;	821

(e) A windshield;

822

(f) A seat belt for the driver and front passenger;

823

(g) A parking brake.

824

(2) Require a vehicle owner who wishes to operate a	825
mini-truck on the public streets or highways to submit the vehicle	826
to an inspection conducted by a local law enforcement agency that	827
complies with safety and equipment inspection requirements	828
established by the department of public safety under section	829
4513.02 of the Revised Code and Chapter 4501:2-1 of the	830
Administrative Code;	831

(3) Permit the operation on public streets or highways of a	832
mini-truck only if the vehicle is properly equipped as required	833
under this section and has passed the required vehicle inspection,	834
is registered in accordance with Chapter 4503. of the Revised	835
Code, is titled in accordance with Chapter 4505. of the Revised	836
Code, and otherwise is operated in accordance with traffic laws of	837
this state and related ordinances, except as to those provisions	838
which by their nature can have no application;	839

(4) Limit the operation of mini-trucks to streets and	840
highways having an established speed limit not greater than	841
thirty-five miles per hour.	842

(B) The local authority shall notify the director of public	843
safety, in a manner the director determines, of the authorization	844
for the operation of mini-trucks within the jurisdiction of the	845
local authority.	846

Sec. 4511.214.  (A)(1) No person shall operate a mini-truck	847
upon any street or highway except upon a street or highway having	848
an established speed limit not greater than thirty-five miles per	849
hour where a local authority has granted permission for such	850
operation in accordance with section 4511.072 of the Revised Code.	851

(2) Division (A)(1) of this section does not prohibit a	852
person operating a mini-truck from proceeding across an	853
intersection of a street or highway having a speed limit greater	854
than thirty-five miles per hour.	855

(B) Except as otherwise provided in this division, whoever	856
violates division (A)(1) of this section is guilty of a minor	857
misdemeanor. If within one year of the offense, the offender	858
previously has been convicted of or pleaded guilty to one	859
predicate motor vehicle or traffic offense, whoever violates this	860
section is guilty of a misdemeanor of the fourth degree. If within	861
one year of the offense, the offender previously has been	862
convicted of two or more predicate motor vehicle or traffic	863
offenses, whoever violates this section is guilty of a misdemeanor	864
of the third degree.	865

Section 2.  That existing sections 4501.01, 4507.11, and	866
4511.01 of the Revised Code are hereby repealed.	867

Section 3.  Section 4507.11 of the Revised Code is presented	868
in this act as a composite of the section as amended by both Am.	869
Sub. H.B. 600 and S.B. 271 of the 123rd General Assembly. The	870
General Assembly, applying the principle stated in division (B) of	871
section 1.52 of the Revised Code that amendments are to be	872
harmonized if reasonably capable of simultaneous operation, finds	873
that the composite is the resulting version of the section in	874
effect prior to the effective date of the section as presented in	875
this act.	876