Bill Text: OH HB619 | 2013-2014 | 130th General Assembly | Introduced

Ohio House Bill 619 (Prior Session Legislation)

Introduced

Bill Title: To require motor vehicle operators to take certain actions upon approaching a stationary waste collection vehicle collecting refuse on a roadside.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2014-09-10 - To Transportation, Public Safety and Homeland Security [HB619 Detail]

Download: Ohio-2013-HB619-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 619

Representatives Cera, Rogers

Cosponsors: Representatives Fedor, Celebrezze, Foley, Stinziano, Antonio, Barborak, Winburn, Phillips, Sheehy

A BILL

To amend sections 4511.01, 4511.213, and 4513.17 of

the Revised Code to require motor vehicle

operators to take certain actions upon approaching

a stationary waste collection vehicle collecting

refuse on a roadside.

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

Section 1. That sections 4511.01, 4511.213, and 4513.17 of	6
the Revised Code be amended to read as follows:	7

Sec. 4511.01. As used in this chapter and in Chapter 4513.	8
of the Revised Code:	9

(A) "Vehicle" means every device, including a motorized	10
bicycle, in, upon, or by which any person or property may be	11
transported or drawn upon a highway, except that "vehicle" does	12
not include any motorized wheelchair, any electric personal	13
assistive mobility device, any device that is moved by power	14
collected from overhead electric trolley wires or that is used	15
exclusively upon stationary rails or tracks, or any device, other	16
than a bicycle, that is moved by human power.	17

(B) "Motor vehicle" means every vehicle propelled or drawn by	18
power other than muscular power or power collected from overhead	19
electric trolley wires, except motorized bicycles, road rollers,	20
traction engines, power shovels, power cranes, and other equipment	21
used in construction work and not designed for or employed in	22
general highway transportation, hole-digging machinery,	23
well-drilling machinery, ditch-digging machinery, farm machinery,	24
and trailers designed and used exclusively to transport a boat	25
between a place of storage and a marina, or in and around a	26
marina, when drawn or towed on a street or highway for a distance	27
of no more than ten miles and at a speed of twenty-five miles per	28
hour or less.	29

(C)(1) Until January 1, 2017, "motorcycle" means every motor	30
vehicle, other than a tractor, having a seat or saddle for the use	31
of the operator and designed to travel on not more than three	32
wheels in contact with the ground, including, but not limited to,	33
motor vehicles known as "motor-driven cycle," "motor scooter," or	34
"motorcycle" without regard to weight or brake horsepower.	35

(2) Effective January 1, 2017, "motorcycle" means every motor	36
vehicle, other than a tractor, having a seat or saddle for the use	37
of the operator and designed to travel on not more than three	38
wheels in contact with the ground, including, but not limited to,	39
motor vehicles known as "motor-driven cycle," "motor scooter,"	40
"cab-enclosed motorcycle," or "motorcycle" without regard to	41
weight or brake horsepower.	42

(D) "Emergency vehicle" means emergency vehicles of	43
municipal, township, or county departments or public utility	44
corporations when identified as such as required by law, the	45
director of public safety, or local authorities, and motor	46
vehicles when commandeered by a police officer.	47

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

(1) Ambulances, including private ambulance companies under	49
contract to a municipal corporation, township, or county, and	50
private ambulances and nontransport vehicles bearing license	51
plates issued under section 4503.49 of the Revised Code;	52

(2) Motor vehicles used by public law enforcement officers or	53
other persons sworn to enforce the criminal and traffic laws of	54
the state;	55

(3) Any motor vehicle when properly identified as required by	56
the director of public safety, when used in response to fire	57
emergency calls or to provide emergency medical service to ill or	58
injured persons, and when operated by a duly qualified person who	59
is a member of a volunteer rescue service or a volunteer fire	60
department, and who is on duty pursuant to the rules or directives	61
of that service. The state fire marshal shall be designated by the	62
director of public safety as the certifying agency for all public	63
safety vehicles described in division (E)(3) of this section.	64

(4) Vehicles used by fire departments, including motor	65
vehicles when used by volunteer fire fighters responding to	66
emergency calls in the fire department service when identified as	67
required by the director of public safety.	68

Any vehicle used to transport or provide emergency medical	69
service to an ill or injured person, when certified as a public	70
safety vehicle, shall be considered a public safety vehicle when	71
transporting an ill or injured person to a hospital regardless of	72
whether such vehicle has already passed a hospital.	73

(5) Vehicles used by the motor carrier enforcement unit for	74
the enforcement of orders and rules of the public utilities	75
commission as specified in section 5503.34 of the Revised Code.	76

(F) "School bus" means every bus designed for carrying more	77
than nine passengers that is owned by a public, private, or	78
governmental agency or institution of learning and operated for	79
the transportation of children to or from a school session or a	80
school function, or owned by a private person and operated for	81
compensation for the transportation of children to or from a	82
school session or a school function, provided "school bus" does	83
not include a bus operated by a municipally owned transportation	84
system, a mass transit company operating exclusively within the	85
territorial limits of a municipal corporation, or within such	86
limits and the territorial limits of municipal corporations	87
immediately contiguous to such municipal corporation, nor a common	88
passenger carrier certified by the public utilities commission	89
unless such bus is devoted exclusively to the transportation of	90
children to and from a school session or a school function, and	91
"school bus" does not include a van or bus used by a licensed	92
child day-care center or type A family day-care home to transport	93
children from the child day-care center or type A family day-care	94
home to a school if the van or bus does not have more than fifteen	95
children in the van or bus at any time.	96

(G) "Bicycle" means every device, other than a device that is	97
designed solely for use as a play vehicle by a child, that is	98
propelled solely by human power upon which a person may ride, and	99
that has two or more wheels, any of which is more than fourteen	100
inches in diameter.	101

(H)(1) Until January 1, 2017, "motorized bicycle" means any	102
vehicle having either two tandem wheels or one wheel in the front	103
and two wheels in the rear, that is capable of being pedaled and	104
is equipped with a helper motor of not more than fifty cubic	105
centimeters piston displacement that produces no more than one	106
brake horsepower and is capable of propelling the vehicle at a	107
speed of no greater than twenty miles per hour on a level surface.	108

(2) Effective January 1, 2017, "motorized bicycle" or "moped"	109
means any vehicle having either two tandem wheels or one wheel in	110
the front and two wheels in the rear, that may be pedaled, and	111
that is equipped with a helper motor of not more than fifty cubic	112
centimeters piston displacement that produces not more than one	113
brake horsepower and is capable of propelling the vehicle at a	114
speed of not greater than twenty miles per hour on a level	115
surface.	116

(I) "Commercial tractor" means every motor vehicle having	117
motive power designed or used for drawing other vehicles and not	118
so constructed as to carry any load thereon, or designed or used	119
for drawing other vehicles while carrying a portion of such other	120
vehicles, or load thereon, or both.	121

(J) "Agricultural tractor" means every self-propelling	122
vehicle designed or used for drawing other vehicles or wheeled	123
machinery but having no provision for carrying loads independently	124
of such other vehicles, and used principally for agricultural	125
purposes.	126

(K) "Truck" means every motor vehicle, except trailers and	127
semitrailers, designed and used to carry property.	128

(L) "Bus" means every motor vehicle designed for carrying	129
more than nine passengers and used for the transportation of	130
persons other than in a ridesharing arrangement, and every motor	131
vehicle, automobile for hire, or funeral car, other than a taxicab	132
or motor vehicle used in a ridesharing arrangement, designed and	133
used for the transportation of persons for compensation.	134

(M) "Trailer" means every vehicle designed or used for	135
carrying persons or property wholly on its own structure and for	136
being drawn by a motor vehicle, including any such vehicle when	137
formed by or operated as a combination of a "semitrailer" and a	138
vehicle of the dolly type, such as that commonly known as a	139
"trailer dolly," a vehicle used to transport agricultural produce	140
or agricultural production materials between a local place of	141
storage or supply and the farm when drawn or towed on a street or	142
highway at a speed greater than twenty-five miles per hour, and a	143
vehicle designed and used exclusively to transport a boat between	144
a place of storage and a marina, or in and around a marina, when	145
drawn or towed on a street or highway for a distance of more than	146
ten miles or at a speed of more than twenty-five miles per hour.	147

(N) "Semitrailer" means every vehicle designed or used for	148
carrying persons or property with another and separate motor	149
vehicle so that in operation a part of its own weight or that of	150
its load, or both, rests upon and is carried by another vehicle.	151

(O) "Pole trailer" means every trailer or semitrailer	152
attached to the towing vehicle by means of a reach, pole, or by	153
being boomed or otherwise secured to the towing vehicle, and	154
ordinarily used for transporting long or irregular shaped loads	155
such as poles, pipes, or structural members capable, generally, of	156
sustaining themselves as beams between the supporting connections.	157

(P) "Railroad" means a carrier of persons or property	158
operating upon rails placed principally on a private right-of-way.	159

(Q) "Railroad train" means a steam engine or an electric or	160
other motor, with or without cars coupled thereto, operated by a	161
railroad.	162

(R) "Streetcar" means a car, other than a railroad train, for	163
transporting persons or property, operated upon rails principally	164
within a street or highway.	165

(S) "Trackless trolley" means every car that collects its	166
power from overhead electric trolley wires and that is not	167
operated upon rails or tracks.	168

(T) "Explosives" means any chemical compound or mechanical	169
mixture that is intended for the purpose of producing an explosion	170
that contains any oxidizing and combustible units or other	171
ingredients in such proportions, quantities, or packing that an	172
ignition by fire, by friction, by concussion, by percussion, or by	173
a detonator of any part of the compound or mixture may cause such	174
a sudden generation of highly heated gases that the resultant	175
gaseous pressures are capable of producing destructive effects on	176
contiguous objects, or of destroying life or limb. Manufactured	177
articles shall not be held to be explosives when the individual	178
units contain explosives in such limited quantities, of such	179
nature, or in such packing, that it is impossible to procure a	180
simultaneous or a destructive explosion of such units, to the	181
injury of life, limb, or property by fire, by friction, by	182
concussion, by percussion, or by a detonator, such as fixed	183
ammunition for small arms, firecrackers, or safety fuse matches.	184

(U) "Flammable liquid" means any liquid that has a flash	185
point of seventy degrees fahrenheit, or less, as determined by a	186
tagliabue or equivalent closed cup test device.	187

(V) "Gross weight" means the weight of a vehicle plus the	188
weight of any load thereon.	189

(W) "Person" means every natural person, firm,	190
co-partnership, association, or corporation.	191

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

192

(Y) "Driver or operator" means every person who drives or is	193
in actual physical control of a vehicle, trackless trolley, or	194
streetcar.	195

(Z) "Police officer" means every officer authorized to direct	196
or regulate traffic, or to make arrests for violations of traffic	197
regulations.	198

(AA) "Local authorities" means every county, municipal, and	199
other local board or body having authority to adopt police	200
regulations under the constitution and laws of this state.	201

(BB) "Street" or "highway" means the entire width between the	202
boundary lines of every way open to the use of the public as a	203
thoroughfare for purposes of vehicular travel.	204

(CC) "Controlled-access highway" means every street or	205
highway in respect to which owners or occupants of abutting lands	206
and other persons have no legal right of access to or from the	207
same except at such points only and in such manner as may be	208
determined by the public authority having jurisdiction over such	209
street or highway.	210

(DD) "Private road or driveway" means every way or place in	211
private ownership used for vehicular travel by the owner and those	212
having express or implied permission from the owner but not by	213
other persons.	214

(EE) "Roadway" means that portion of a highway improved,	215
designed, or ordinarily used for vehicular travel, except the berm	216
or shoulder. If a highway includes two or more separate roadways	217
the term "roadway" means any such roadway separately but not all	218
such roadways collectively.	219

(FF) "Sidewalk" means that portion of a street between the	220
curb lines, or the lateral lines of a roadway, and the adjacent	221
property lines, intended for the use of pedestrians.	222

(GG) "Laned highway" means a highway the roadway of which is	223
divided into two or more clearly marked lanes for vehicular	224
traffic.	225

(HH) "Through highway" means every street or highway as	226
provided in section 4511.65 of the Revised Code.	227

(II) "State highway" means a highway under the jurisdiction	228
of the department of transportation, outside the limits of	229
municipal corporations, provided that the authority conferred upon	230
the director of transportation in section 5511.01 of the Revised	231
Code to erect state highway route markers and signs directing	232
traffic shall not be modified by sections 4511.01 to 4511.79 and	233
4511.99 of the Revised Code.	234

(JJ) "State route" means every highway that is designated	235
with an official state route number and so marked.	236

(KK) "Intersection" means:

237

(1) The area embraced within the prolongation or connection	238
of the lateral curb lines, or, if none, the lateral boundary lines	239
of the roadways of two highways that join one another at, or	240
approximately at, right angles, or the area within which vehicles	241
traveling upon different highways that join at any other angle	242
might come into conflict. The junction of an alley or driveway	243
with a roadway or highway does not constitute an intersection	244
unless the roadway or highway at the junction is controlled by a	245
traffic control device.	246

(2) If a highway includes two roadways that are thirty feet	247
or more apart, then every crossing of each roadway of such divided	248
highway by an intersecting highway constitutes a separate	249
intersection. If both intersecting highways include two roadways	250
thirty feet or more apart, then every crossing of any two roadways	251
of such highways constitutes a separate intersection.	252

(3) At a location controlled by a traffic control signal,	253
regardless of the distance between the separate intersections as	254
described in division (KK)(2) of this section:	255

(a) If a stop line, yield line, or crosswalk has not been	256
designated on the roadway within the median between the separate	257
intersections, the two intersections and the roadway and median	258
constitute one intersection.	259

(b) Where a stop line, yield line, or crosswalk line is	260
designated on the roadway on the intersection approach, the area	261
within the crosswalk and any area beyond the designated stop line	262
or yield line constitute part of the intersection.	263

(c) Where a crosswalk is designated on a roadway on the	264
departure from the intersection, the intersection includes the	265
area that extends to the far side of the crosswalk.	266

(LL) "Crosswalk" means:

267

(1) That part of a roadway at intersections ordinarily	268
included within the real or projected prolongation of property	269
lines and curb lines or, in the absence of curbs, the edges of the	270
traversable roadway;	271

(2) Any portion of a roadway at an intersection or elsewhere,	272
distinctly indicated for pedestrian crossing by lines or other	273
markings on the surface;	274

(3) Notwithstanding divisions (LL)(1) and (2) of this	275
section, there shall not be a crosswalk where local authorities	276
have placed signs indicating no crossing.	277

(MM) "Safety zone" means the area or space officially set	278
apart within a roadway for the exclusive use of pedestrians and	279
protected or marked or indicated by adequate signs as to be	280
plainly visible at all times.	281

(NN) "Business district" means the territory fronting upon a	282
street or highway, including the street or highway, between	283
successive intersections within municipal corporations where fifty	284
per cent or more of the frontage between such successive	285
intersections is occupied by buildings in use for business, or	286
within or outside municipal corporations where fifty per cent or	287
more of the frontage for a distance of three hundred feet or more	288
is occupied by buildings in use for business, and the character of	289
such territory is indicated by official traffic control devices.	290

(OO) "Residence district" means the territory, not comprising	291
a business district, fronting on a street or highway, including	292
the street or highway, where, for a distance of three hundred feet	293
or more, the frontage is improved with residences or residences	294
and buildings in use for business.	295

(PP) "Urban district" means the territory contiguous to and	296
including any street or highway which is built up with structures	297
devoted to business, industry, or dwelling houses situated at	298
intervals of less than one hundred feet for a distance of a	299
quarter of a mile or more, and the character of such territory is	300
indicated by official traffic control devices.	301

(QQ) "Traffic control device" means a flagger, sign, signal,	302
marking, or other device used to regulate, warn, or guide traffic,	303
placed on, over, or adjacent to a street, highway, private road	304
open to public travel, pedestrian facility, or shared-use path by	305
authority of a public agency or official having jurisdiction, or,	306
in the case of a private road open to public travel, by authority	307
of the private owner or private official having jurisdiction.	308

(RR) "Traffic control signal" means any highway traffic	309
signal by which traffic is alternately directed to stop and	310
permitted to proceed.	311

(SS) "Railroad sign or signal" means any sign, signal, or	312
device erected by authority of a public body or official or by a	313
railroad and intended to give notice of the presence of railroad	314
tracks or the approach of a railroad train.	315

(TT) "Traffic" means pedestrians, ridden or herded animals,	316
vehicles, streetcars, trackless trolleys, and other devices,	317
either singly or together, while using for purposes of travel any	318
highway or private road open to public travel.	319

(UU) "Right-of-way" means either of the following, as the	320
context requires:	321

(1) The right of a vehicle, streetcar, trackless trolley, or	322
pedestrian to proceed uninterruptedly in a lawful manner in the	323
direction in which it or the individual is moving in preference to	324
another vehicle, streetcar, trackless trolley, or pedestrian	325
approaching from a different direction into its or the	326
individual's path;	327

(2) A general term denoting land, property, or the interest	328
therein, usually in the configuration of a strip, acquired for or	329
devoted to transportation purposes. When used in this context,	330
right-of-way includes the roadway, shoulders or berm, ditch, and	331
slopes extending to the right-of-way limits under the control of	332
the state or local authority.	333

(VV) "Rural mail delivery vehicle" means every vehicle used	334
to deliver United States mail on a rural mail delivery route.	335

(WW) "Funeral escort vehicle" means any motor vehicle,	336
including a funeral hearse, while used to facilitate the movement	337
of a funeral procession.	338

(XX) "Alley" means a street or highway intended to provide	339
access to the rear or side of lots or buildings in urban districts	340
and not intended for the purpose of through vehicular traffic, and	341
includes any street or highway that has been declared an "alley"	342
by the legislative authority of the municipal corporation in which	343
such street or highway is located.	344

(YY) "Freeway" means a divided multi-lane highway for through	345
traffic with all crossroads separated in grade and with full	346
control of access.	347

(ZZ) "Expressway" means a divided arterial highway for	348
through traffic with full or partial control of access with an	349
excess of fifty per cent of all crossroads separated in grade.	350

(AAA) "Thruway" means a through highway whose entire roadway	351
is reserved for through traffic and on which roadway parking is	352
prohibited.	353

(BBB) "Stop intersection" means any intersection at one or	354
more entrances of which stop signs are erected.	355

(CCC) "Arterial street" means any United States or state	356
numbered route, controlled access highway, or other major radial	357
or circumferential street or highway designated by local	358
authorities within their respective jurisdictions as part of a	359
major arterial system of streets or highways.	360

(DDD) "Ridesharing arrangement" means the transportation of	361
persons in a motor vehicle where such transportation is incidental	362
to another purpose of a volunteer driver and includes ridesharing	363
arrangements known as carpools, vanpools, and buspools.	364

(EEE) "Motorized wheelchair" means any self-propelled vehicle	365
designed for, and used by, a handicapped person and that is	366
incapable of a speed in excess of eight miles per hour.	367

(FFF) "Child day-care center" and "type A family day-care	368
home" have the same meanings as in section 5104.01 of the Revised	369
Code.	370

(GGG) "Multi-wheel agricultural tractor" means a type of	371
agricultural tractor that has two or more wheels or tires on each	372
side of one axle at the rear of the tractor, is designed or used	373
for drawing other vehicles or wheeled machinery, has no provision	374
for carrying loads independently of the drawn vehicles or	375
machinery, and is used principally for agricultural purposes.	376

(HHH) "Operate" means to cause or have caused movement of a	377
vehicle, streetcar, or trackless trolley.	378

(III) "Predicate motor vehicle or traffic offense" means any	379
of the following:	380

(1) A violation of section 4511.03, 4511.051, 4511.12,	381
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	382
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	383
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	384
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	385
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	386
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	387
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	388
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	389
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	390
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	391

(2) A violation of division (A)(2) of section 4511.17,	392
divisions (A) to (D) of section 4511.51, or division (A) of	393
section 4511.74 of the Revised Code;	394

(3) A violation of any provision of sections 4511.01 to	395
4511.76 of the Revised Code for which no penalty otherwise is	396
provided in the section that contains the provision violated;	397

(4) Until January 1, 2017, a violation of a municipal	398
ordinance that is substantially similar to any section or	399
provision set forth or described in division (III)(1), (2), or (3)	400
of this section;	401

(5) Effective January 1, 2017, a violation of section	402
4511.214 of the Revised Code;	403

(6) Effective January 1, 2017, a violation of a municipal	404
ordinance that is substantially similar to any section or	405
provision set forth or described in division (III) (1), (2), (3),	406
or (5) of this section.	407

(JJJ) "Road service vehicle" means wreckers, utility repair	408
vehicles, and state, county, and municipal service vehicles	409
equipped with visual signals by means of flashing, rotating, or	410
oscillating lights.	411

(KKK) "Beacon" means a highway traffic signal with one or	412
more signal sections that operate in a flashing mode.	413

(LLL) "Hybrid beacon" means a type of beacon that is	414
intentionally placed in a dark mode between periods of operation	415
where no indications are displayed and, when in operation,	416
displays both steady and flashing traffic control signal	417
indications.	418

(MMM) "Highway traffic signal" means a power-operated traffic	419
control device by which traffic is warned or directed to take some	420
specific action. "Highway traffic signal" does not include a	421
power-operated sign, steadily illuminated pavement marker, warning	422
light, or steady burning electric lamp.	423

(NNN) "Median" means the area between two roadways of a	424
divided highway, measured from edge of traveled way to edge of	425
traveled way, but excluding turn lanes. The width of a median may	426
be different between intersections, between interchanges, and at	427
opposite approaches of the same intersection.	428

(OOO) "Private road open to public travel" means a private	429
toll road or road, including any adjacent sidewalks that generally	430
run parallel to the road, within a shopping center, airport,	431
sports arena, or other similar business or recreation facility	432
that is privately owned but where the public is allowed to travel	433
without access restrictions. "Private road open to public travel"	434
includes a gated toll road but does not include a road within a	435
private gated property where access is restricted at all times, a	436
parking area, a driving aisle within a parking area, or a private	437
grade crossing.	438

(PPP) "Shared-use path" means a bikeway outside the traveled	439
way and physically separated from motorized vehicular traffic by	440
an open space or barrier and either within the highway	441
right-of-way or within an independent alignment. A shared-use path	442
also may be used by pedestrians, including skaters, joggers, users	443
of manual and motorized wheelchairs, and other authorized	444
motorized and non-motorized users.	445

(QQQ) "Highway maintenance vehicle" means a vehicle used in	446
snow and ice removal or road surface maintenance, including a snow	447
plow, traffic line striper, road sweeper, mowing machine, asphalt	448
distributing vehicle, or other such vehicle designed for use in	449
specific highway maintenance activities.	450

(RRR) "Waste collection vehicle" means a vehicle used in the	451
collection of garbage, refuse, trash, or recyclable materials.	452

Sec. 4511.213. (A) The driver of a motor vehicle, upon	453
approaching a stationary public safety vehicle, emergency vehicle,	454
road service vehicle, waste collection vehicle, vehicle used by	455
the public utilities commission to conduct motor vehicle	456
inspections in accordance with sections 4923.04 and 4923.06 of the	457
Revised Code, or a highway maintenance vehicle that is displaying	458
the appropriate visual signals by means of flashing, oscillating,	459
or rotating lights, as prescribed in section 4513.17 of the	460
Revised Code, shall do either of the following:	461

(1) If the driver of the motor vehicle is traveling on a	462
highway that consists of at least two lanes that carry traffic in	463
the same direction of travel as that of the driver's motor	464
vehicle, the driver shall proceed with due caution and, if	465
possible and with due regard to the road, weather, and traffic	466
conditions, shall change lanes into a lane that is not adjacent to	467
that of the stationary public safety vehicle, emergency vehicle,	468
road service vehicle, waste collection vehicle, vehicle used by	469
the public utilities commission to conduct motor vehicle	470
inspections in accordance with sections 4923.04 and 4923.06 of the	471
Revised Code, or a highway maintenance vehicle.	472

(2) If the driver is not traveling on a highway of a type	473
described in division (A)(1) of this section, or if the driver is	474
traveling on a highway of that type but it is not possible to	475
change lanes or if to do so would be unsafe, the driver shall	476
proceed with due caution, reduce the speed of the motor vehicle,	477
and maintain a safe speed for the road, weather, and traffic	478
conditions.	479

(B) This section does not relieve the driver of a public	480
safety vehicle, emergency vehicle, road service vehicle, waste	481
collection vehicle, vehicle used by the public utilities	482
commission to conduct motor vehicle inspections in accordance with	483
sections 4923.04 and 4923.06 of the Revised Code, or a highway	484
maintenance vehicle from the duty to drive with due regard for the	485
safety of all persons and property upon the highway.	486

(C) No person shall fail to drive a motor vehicle in	487
compliance with division (A)(1) or (2) of this section when so	488
required by division (A) of this section.	489

(D)(1) Except as otherwise provided in this division, whoever	490
violates this section is guilty of a minor misdemeanor. If, within	491
one year of the offense, the offender previously has been	492
convicted of or pleaded guilty to one predicate motor vehicle or	493
traffic offense, whoever violates this section is guilty of a	494
misdemeanor of the fourth degree. If, within one year of the	495
offense, the offender previously has been convicted of two or more	496
predicate motor vehicle or traffic offenses, whoever violates this	497
section is guilty of a misdemeanor of the third degree.	498

(2) Notwithstanding section 2929.28 of the Revised Code, upon	499
a finding that a person operated a motor vehicle in violation of	500
division (C) of this section, the court, in addition to all other	501
penalties provided by law, shall impose a fine of two times the	502
usual amount imposed for the violation.	503

Sec. 4513.17. (A) Whenever a motor vehicle equipped with	504
headlights also is equipped with any auxiliary lights or spotlight	505
or any other light on the front thereof projecting a beam of an	506
intensity greater than three hundred candle power, not more than a	507
total of five of any such lights on the front of a vehicle shall	508
be lighted at any one time when the vehicle is upon a highway.	509

(B) Any lighted light or illuminating device upon a motor	510
vehicle, other than headlights, spotlights, signal lights, or	511
auxiliary driving lights, that projects a beam of light of an	512
intensity greater than three hundred candle power, shall be so	513
directed that no part of the beam will strike the level of the	514
roadway on which the vehicle stands at a distance of more than	515
seventy-five feet from the vehicle.	516

(C)(1) Flashing lights are prohibited on motor vehicles,	517
except as a means for indicating a right or a left turn, or in the	518
presence of a vehicular traffic hazard requiring unusual care in	519
approaching, or overtaking or passing. This prohibition does not	520
apply to emergency vehicles, road service vehicles servicing or	521
towing a disabled vehicle, stationary waste collection vehicles	522
actively collecting garbage, refuse, trash, or recyclable	523
materials on the roadside, rural mail delivery vehicles, vehicles	524
as provided in section 4513.182 of the Revised Code, highway	525
maintenance vehicles, funeral hearses, funeral escort vehicles,	526
and similar equipment operated by the department or local	527
authorities, which shall be equipped with and display, when used	528
on a street or highway for the special purpose necessitating such	529
lights, a flashing, oscillating, or rotating amber light, but	530
shall not display a flashing, oscillating, or rotating light of	531
any other color, nor to vehicles or machinery permitted by section	532
4513.11 of the Revised Code to have a flashing red light.	533

(2) When used on a street or highway, farm machinery and	534
vehicles escorting farm machinery may be equipped with and display	535
a flashing, oscillating, or rotating amber light, and the	536
prohibition contained in division (C)(1) of this section does not	537
apply to such machinery or vehicles. Farm machinery also may	538
display the lights described in section 4513.11 of the Revised	539
Code.	540

(D) Except a person operating a public safety vehicle, as	541
defined in division (E) of section 4511.01 of the Revised Code, or	542
a school bus, no person shall operate, move, or park upon, or	543
permit to stand within the right-of-way of any public street or	544
highway any vehicle or equipment that is equipped with and	545
displaying a flashing red or a flashing combination red and white	546
light, or an oscillating or rotating red light, or a combination	547
red and white oscillating or rotating light; and except a public	548
law enforcement officer, or other person sworn to enforce the	549
criminal and traffic laws of the state, operating a public safety	550
vehicle when on duty, no person shall operate, move, or park upon,	551
or permit to stand within the right-of-way of any street or	552
highway any vehicle or equipment that is equipped with, or upon	553
which is mounted, and displaying a flashing blue or a flashing	554
combination blue and white light, or an oscillating or rotating	555
blue light, or a combination blue and white oscillating or	556
rotating light.	557

(E) This section does not prohibit the use of warning lights	558
required by law or the simultaneous flashing of turn signals on	559
disabled vehicles or on vehicles being operated in unfavorable	560
atmospheric conditions in order to enhance their visibility. This	561
section also does not prohibit the simultaneous flashing of turn	562
signals or warning lights either on farm machinery or vehicles	563
escorting farm machinery, when used on a street or highway.	564