Bill Text: OH HB128 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To provide for increased penalties when a person violates the motor vehicle traffic law assured clear distance ahead provision or commits a failure to yield the right-of-way offense that results in serious physical harm or death to another person.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2009-04-08 - To Criminal Justice [HB128 Detail]

Download: Ohio-2009-HB128-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 128

Representative Hagan 

Cosponsors: Representatives Harris, Murray, Yuko, Winburn, Luckie 

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A BILL

To amend sections 4510.02, 4510.036, 4511.21,

1

4511.33, 4511.41, 4511.42, 4511.43, 4511.431,

2

4511.44, 4511.441, 4511.45, 4511.451, 4511.46,

3

4511.47, and 4513.39 and to enact section 4501.14

4

of the Revised Code to provide for increased

5

penalties when a person violates the motor vehicle

6

traffic law assured clear distance ahead provision

7

or commits a failure to yield the right-of-way

8

offense that results in serious physical harm or

9

death to another person.

10

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

Section 1.  That sections 4510.02, 4510.036, 4511.21,	11
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,	12
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 be amended and	13
section 4501.14 of the Revised Code be enacted to read as follows:	14

Sec. 4501.14.  There is hereby created in the state treasury	15
the highway safety education fund, consisting of those portions of	16
fines collected pursuant to and specified in sections 4511.21,	17
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,	18
4511.45, 4511.451, 4511.46, and 4511.47 of the Revised Code. The	19
department of public safety shall use the money in the fund only	20
to pay for educational activities that relate to highway safety.	21

Sec. 4510.02.  (A) When a court elects or is required to	22
suspend the driver's license, commercial driver's license,	23
temporary instruction permit, probationary license, or nonresident	24
operating privilege of any offender from a specified suspension	25
class, for each of the following suspension classes, the court	26
shall impose a definite period of suspension from the range	27
specified for the suspension class:	28

(1) For a class one suspension, a definite period for the	29
life of the person subject to the suspension;	30

(2) For a class two suspension, a definite period of three	31
years to life;	32

(3) For a class three suspension, a definite period of two to	33
ten years;	34

(4) For a class four suspension, a definite period of one to	35
five years;	36

(5) For a class five suspension, a definite period of six	37
months to three years;	38

(6) For a class six suspension, a definite period of three	39
months to two years;	40

(7) For a class seven suspension, a definite period not to	41
exceed one year;	42

(8) For a class eight suspension, a definite period not to	43
exceed six months.	44

(B) When the bureau of motor vehicles elects or is required	45
to suspend the driver's license, commercial driver's license,	46
temporary instruction permit, probationary license, or nonresident	47
operating privilege of any person from a specified suspension	48
class, for each of the following suspension classes, the period of	49
suspension shall be as follows:	50

(1) For a class A suspension, three years;

51

(2) For a class B suspension, two years;

52

(3) For a class C suspension, one year;

53

(4) For a class D suspension, six months;

54

(5) For a class E suspension, three months;

55

(6) For a class F suspension, until conditions are met.

56

(C) The court may require a person to successfully complete a	57
remedial driving course as a condition for the return of full	58
driving privileges after a suspension period imposed from any	59
range in division (A) of this section or otherwise imposed by the	60
court pursuant to any other provision of law ends.	61

(D) When a court or the bureau suspends the driver's license,	62
commercial driver's license, temporary instruction permit,	63
probationary license, or nonresident operating privilege of any	64
offender or person pursuant to any provision of law that does not	65
provide for the suspension to be from a class set forth in	66
division (A) or (B) of this section, except as otherwise provided	67
in the provision that authorizes or requires the suspension, the	68
suspension shall be subject to and governed by this chapter.	69

Sec. 4510.036.  (A) The bureau of motor vehicles shall record	70
within ten days, after receipt, and shall keep at its main office,	71
all abstracts received under this section or section 4510.03,	72
4510.031, 4510.032, or 4510.034 of the Revised Code and shall	73
maintain records of convictions and bond forfeitures for any	74
violation of a state law or a municipal ordinance regulating the	75
operation of vehicles, streetcars, and trackless trolleys on	76
highways and streets, except a violation related to parking a	77
motor vehicle.	78

(B) Every court of record or mayor's court before which a	79
person is charged with a violation for which points are chargeable	80
by this section shall assess and transcribe to the abstract of	81
conviction that is furnished by the bureau to the court the number	82
of points chargeable by this section in the correct space assigned	83
on the reporting form. A United States district court that has	84
jurisdiction within this state and before which a person is	85
charged with a violation for which points are chargeable by this	86
section may assess and transcribe to the abstract of conviction	87
report that is furnished by the bureau the number of points	88
chargeable by this section in the correct space assigned on the	89
reporting form. If the federal court so assesses and transcribes	90
the points chargeable for the offense and furnishes the report to	91
the bureau, the bureau shall record the points in the same manner	92
as those assessed and transcribed by a court of record or mayor's	93
court.	94

(C) A court shall assess the following points for an offense	95
based on the following formula:	96

(1) Aggravated vehicular homicide, vehicular homicide,	97
vehicular manslaughter, aggravated vehicular assault, or vehicular	98
assault when the offense involves the operation of a vehicle,	99
streetcar, or trackless trolley on a highway or street ..........	100
6 points	101

(2) A violation of section 2921.331 of the Revised Code or	102
any ordinance prohibiting the willful fleeing or eluding of a law	103
enforcement officer .......... 6 points	104

(3) A violation of section 4549.02 or 4549.021 of the Revised	105
Code or any ordinance requiring the driver of a vehicle to stop	106
and disclose identity at the scene of an accident .......... 6	107
points	108

(4) A violation of section 4511.251 of the Revised Code or	109
any ordinance prohibiting street racing .......... 6 points	110

(5) A violation of section 4510.11, 4510.14, 4510.16, or	111
4510.21 of the Revised Code or any ordinance prohibiting the	112
operation of a motor vehicle while the driver's or commercial	113
driver's license is under suspension .......... 6 points	114

(6) A violation of division (A) of section 4511.19 of the	115
Revised Code, any ordinance prohibiting the operation of a vehicle	116
while under the influence of alcohol, a drug of abuse, or a	117
combination of them, or any ordinance substantially equivalent to	118
division (A) of section 4511.19 of the Revised Code prohibiting	119
the operation of a vehicle with a prohibited concentration of	120
alcohol, a controlled substance, or a metabolite of a controlled	121
substance in the whole blood, blood serum or plasma, breath, or	122
urine .......... 6 points	123

(7) A violation of section 2913.03 of the Revised Code that	124
does not involve an aircraft or motorboat or any ordinance	125
prohibiting the operation of a vehicle without the consent of the	126
owner .......... 6 points	127

(8) Any offense under the motor vehicle laws of this state	128
that is a felony, or any other felony in the commission of which a	129
motor vehicle was used .......... 6 points	130

(9) A violation of division (B) of section 4511.19 of the	131
Revised Code or any ordinance substantially equivalent to that	132
division prohibiting the operation of a vehicle with a prohibited	133
concentration of alcohol in the whole blood, blood serum or	134
plasma, breath, or urine .......... 4 points	135

(10) A violation of section 4511.20 of the Revised Code or	136
any ordinance prohibiting the operation of a motor vehicle in	137
willful or wanton disregard of the safety of persons or property	138
.......... 4 points	139

(11) A violation of any law or ordinance pertaining to speed:

140

(a) Notwithstanding divisions (C)(11)(b) and (c) of this	141
section, when the speed exceeds the lawful speed limit by thirty	142
miles per hour or more .......... 4 points	143

(b) When the speed exceeds the lawful speed limit of	144
fifty-five miles per hour or more by more than ten miles per hour	145
.......... 2 points	146

(c) When the speed exceeds the lawful speed limit of less	147
than fifty-five miles per hour by more than five miles per hour	148
.......... 2 points	149

(d) When the speed does not exceed the amounts set forth in	150
divisions (C)(11)(a), (b), or (c) of this section .......... 0	151
points	152

(12) Operating a motor vehicle in violation of a restriction	153
imposed by the registrar .......... 2 points	154

(13) A violation of section 4511.21, 4511.33, 4511.41,	155
4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.45, 4511.451,	156
4511.46, or 4511.47 of the Revised Code in which the court	157
assesses at least two but not more than six points .......... 2 to	158
6 points, as assessed by the court	159

(14) All other moving violations reported under this section	160
.......... 2 points	161

(D) Upon receiving notification from the proper court,	162
including a United States district court that has jurisdiction	163
within this state, the bureau shall delete any points entered for	164
a bond forfeiture if the driver is acquitted of the offense for	165
which bond was posted.	166

(E) If a person is convicted of or forfeits bail for two or	167
more offenses arising out of the same facts and points are	168
chargeable for each of the offenses, points shall be charged for	169
only the conviction or bond forfeiture for which the greater	170
number of points is chargeable, and, if the number of points	171
chargeable for each offense is equal, only one offense shall be	172
recorded, and points shall be charged only for that offense.	173

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	174
trackless trolley, or streetcar at a speed greater or less than is	175
reasonable or proper, having due regard to the traffic, surface,	176
and width of the street or highway and any other conditions, and	177
no person shall drive any motor vehicle, trackless trolley, or	178
streetcar in and upon any street or highway at a greater speed	179
than will permit the person to bring it to a stop within the	180
assured clear distance ahead.	181

(B) It is prima-facie lawful, in the absence of a lower limit	182
declared pursuant to this section by the director of	183
transportation or local authorities, for the operator of a motor	184
vehicle, trackless trolley, or streetcar to operate the same at a	185
speed not exceeding the following:	186

(1)(a) Twenty miles per hour in school zones during school	187
recess and while children are going to or leaving school during	188
the opening or closing hours, and when twenty miles per hour	189
school speed limit signs are erected; except that, on	190
controlled-access highways and expressways, if the right-of-way	191
line fence has been erected without pedestrian opening, the speed	192
shall be governed by division (B)(4) of this section and on	193
freeways, if the right-of-way line fence has been erected without	194
pedestrian opening, the speed shall be governed by divisions	195
(B)(9) and (10) of this section. The end of every school zone may	196
be marked by a sign indicating the end of the zone. Nothing in	197
this section or in the manual and specifications for a uniform	198
system of traffic control devices shall be construed to require	199
school zones to be indicated by signs equipped with flashing or	200
other lights, or giving other special notice of the hours in which	201
the school zone speed limit is in effect.	202

(b) As used in this section and in section 4511.212 of the	203
Revised Code, "school" means any school chartered under section	204
3301.16 of the Revised Code and any nonchartered school that	205
during the preceding year filed with the department of education	206
in compliance with rule 3301-35-08 of the Ohio Administrative	207
Code, a copy of the school's report for the parents of the	208
school's pupils certifying that the school meets Ohio minimum	209
standards for nonchartered, nontax-supported schools and presents	210
evidence of this filing to the jurisdiction from which it is	211
requesting the establishment of a school zone. "School" also	212
includes a special elementary school that in writing requests the	213
county engineer of the county in which the special elementary	214
school is located to create a school zone at the location of that	215
school. Upon receipt of such a written request, the county	216
engineer shall create a school zone at that location by erecting	217
the appropriate signs.	218

(c) As used in this section, "school zone" means that portion	219
of a street or highway passing a school fronting upon the street	220
or highway that is encompassed by projecting the school property	221
lines to the fronting street or highway, and also includes that	222
portion of a state highway. Upon request from local authorities	223
for streets and highways under their jurisdiction and that portion	224
of a state highway under the jurisdiction of the director of	225
transportation or a request from a county engineer in the case of	226
a school zone for a special elementary school, the director may	227
extend the traditional school zone boundaries. The distances in	228
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	229
exceed three hundred feet per approach per direction and are	230
bounded by whichever of the following distances or combinations	231
thereof the director approves as most appropriate:	232

(i) The distance encompassed by projecting the school	233
building lines normal to the fronting highway and extending a	234
distance of three hundred feet on each approach direction;	235

(ii) The distance encompassed by projecting the school	236
property lines intersecting the fronting highway and extending a	237
distance of three hundred feet on each approach direction;	238

(iii) The distance encompassed by the special marking of the	239
pavement for a principal school pupil crosswalk plus a distance of	240
three hundred feet on each approach direction of the highway.	241

Nothing in this section shall be construed to invalidate the	242
director's initial action on August 9, 1976, establishing all	243
school zones at the traditional school zone boundaries defined by	244
projecting school property lines, except when those boundaries are	245
extended as provided in divisions (B)(1)(a) and (c) of this	246
section.	247

(d) As used in this division, "crosswalk" has the meaning	248
given that term in division (LL)(2) of section 4511.01 of the	249
Revised Code.	250

The director may, upon request by resolution of the	251
legislative authority of a municipal corporation, the board of	252
trustees of a township, or a county board of mental retardation	253
and developmental disabilities created pursuant to Chapter 5126.	254
of the Revised Code, and upon submission by the municipal	255
corporation, township, or county board of such engineering,	256
traffic, and other information as the director considers	257
necessary, designate a school zone on any portion of a state route	258
lying within the municipal corporation, lying within the	259
unincorporated territory of the township, or lying adjacent to the	260
property of a school that is operated by such county board, that	261
includes a crosswalk customarily used by children going to or	262
leaving a school during recess and opening and closing hours,	263
whenever the distance, as measured in a straight line, from the	264
school property line nearest the crosswalk to the nearest point of	265
the crosswalk is no more than one thousand three hundred twenty	266
feet. Such a school zone shall include the distance encompassed by	267
the crosswalk and extending three hundred feet on each approach	268
direction of the state route.	269

(e) As used in this section, "special elementary school"	270
means a school that meets all of the following criteria:	271

(i) It is not chartered and does not receive tax revenue from	272
any source.	273

(ii) It does not educate children beyond the eighth grade.

274

(iii) It is located outside the limits of a municipal	275
corporation.	276

(iv) A majority of the total number of students enrolled at	277
the school are not related by blood.	278

(v) The principal or other person in charge of the special	279
elementary school annually sends a report to the superintendent of	280
the school district in which the special elementary school is	281
located indicating the total number of students enrolled at the	282
school, but otherwise the principal or other person in charge does	283
not report any other information or data to the superintendent.	284

(2) Twenty-five miles per hour in all other portions of a	285
municipal corporation, except on state routes outside business	286
districts, through highways outside business districts, and	287
alleys;	288

(3) Thirty-five miles per hour on all state routes or through	289
highways within municipal corporations outside business districts,	290
except as provided in divisions (B)(4) and (6) of this section;	291

(4) Fifty miles per hour on controlled-access highways and	292
expressways within municipal corporations;	293

(5) Fifty-five miles per hour on highways outside municipal	294
corporations, other than highways within island jurisdictions as	295
provided in division (B)(8) of this section and freeways as	296
provided in division (B)(13) of this section;	297

(6) Fifty miles per hour on state routes within municipal	298
corporations outside urban districts unless a lower prima-facie	299
speed is established as further provided in this section;	300

(7) Fifteen miles per hour on all alleys within the municipal	301
corporation;	302

(8) Thirty-five miles per hour on highways outside municipal	303
corporations that are within an island jurisdiction;	304

(9) Fifty-five miles per hour at all times on freeways with	305
paved shoulders inside municipal corporations, other than freeways	306
as provided in division (B)(13) of this section;	307

(10) Fifty-five miles per hour at all times on freeways	308
outside municipal corporations, other than freeways as provided in	309
division (B)(13) of this section;	310

(11) Fifty-five miles per hour at all times on all portions	311
of freeways that are part of the interstate system and on all	312
portions of freeways that are not part of the interstate system,	313
but are built to the standards and specifications that are	314
applicable to freeways that are part of the interstate system for	315
operators of any motor vehicle weighing in excess of eight	316
thousand pounds empty weight and any noncommercial bus;	317

(12) Fifty-five miles per hour for operators of any motor	318
vehicle weighing eight thousand pounds or less empty weight and	319
any commercial bus at all times on all portions of freeways that	320
are part of the interstate system and that had such a speed limit	321
established prior to October 1, 1995, and freeways that are not	322
part of the interstate system, but are built to the standards and	323
specifications that are applicable to freeways that are part of	324
the interstate system and that had such a speed limit established	325
prior to October 1, 1995, unless a higher speed limit is	326
established under division (L) of this section;	327

(13) Sixty-five miles per hour for operators of any motor	328
vehicle weighing eight thousand pounds or less empty weight and	329
any commercial bus at all times on all portions of the following:	330

(a) Freeways that are part of the interstate system and that	331
had such a speed limit established prior to October 1, 1995, and	332
freeways that are not part of the interstate system, but are built	333
to the standards and specifications that are applicable to	334
freeways that are part of the interstate system and that had such	335
a speed limit established prior to October 1, 1995;	336

(b) Freeways that are part of the interstate system and	337
freeways that are not part of the interstate system but are built	338
to the standards and specifications that are applicable to	339
freeways that are part of the interstate system, and that had such	340
a speed limit established under division (L) of this section;	341

(c) Rural, divided, multi-lane highways that are designated	342
as part of the national highway system under the "National Highway	343
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	344
and that had such a speed limit established under division (M) of	345
this section.	346

(C) It is prima-facie unlawful for any person to exceed any	347
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	348
(6), (7), and (8) of this section, or any declared pursuant to	349
this section by the director or local authorities and it is	350
unlawful for any person to exceed any of the speed limitations in	351
division (D) of this section. No person shall be convicted of more	352
than one violation of this section for the same conduct, although	353
violations of more than one provision of this section may be	354
charged in the alternative in a single affidavit.	355

(D) No person shall operate a motor vehicle, trackless	356
trolley, or streetcar upon a street or highway as follows:	357

(1) At a speed exceeding fifty-five miles per hour, except	358
upon a freeway as provided in division (B)(13) of this section;	359

(2) At a speed exceeding sixty-five miles per hour upon a	360
freeway as provided in division (B)(13) of this section except as	361
otherwise provided in division (D)(3) of this section;	362

(3) If a motor vehicle weighing in excess of eight thousand	363
pounds empty weight or a noncommercial bus as prescribed in	364
division (B)(11) of this section, at a speed exceeding fifty-five	365
miles per hour upon a freeway as provided in that division;	366

(4) At a speed exceeding the posted speed limit upon a	367
freeway for which the director has determined and declared a speed	368
limit of not more than sixty-five miles per hour pursuant to	369
division (L)(2) or (M) of this section;	370

(5) At a speed exceeding sixty-five miles per hour upon a	371
freeway for which such a speed limit has been established through	372
the operation of division (L)(3) of this section;	373

(6) At a speed exceeding the posted speed limit upon a	374
freeway for which the director has determined and declared a speed	375
limit pursuant to division (I)(2) of this section.	376

(E) In every charge of violation of this section the	377
affidavit and warrant shall specify the time, place, and speed at	378
which the defendant is alleged to have driven, and in charges made	379
in reliance upon division (C) of this section also the speed which	380
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	381
declared pursuant to, this section declares is prima-facie lawful	382
at the time and place of such alleged violation, except that in	383
affidavits where a person is alleged to have driven at a greater	384
speed than will permit the person to bring the vehicle to a stop	385
within the assured clear distance ahead the affidavit and warrant	386
need not specify the speed at which the defendant is alleged to	387
have driven.	388

(F) When a speed in excess of both a prima-facie limitation	389
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	390
this section is alleged, the defendant shall be charged in a	391
single affidavit, alleging a single act, with a violation	392
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	393
(8) of this section, or of a limit declared pursuant to this	394
section by the director or local authorities, and of the	395
limitation in division (D)(1), (2), (3), (4), (5), or (6) of this	396
section. If the court finds a violation of division (B)(1)(a),	397
(2), (3), (4), (6), (7), or (8) of, or a limit declared pursuant	398
to, this section has occurred, it shall enter a judgment of	399
conviction under such division and dismiss the charge under	400
division (D)(1), (2), (3), (4), (5), or (6) of this section. If it	401
finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7),	402
or (8) of, or a limit declared pursuant to, this section, it shall	403
then consider whether the evidence supports a conviction under	404
division (D)(1), (2), (3), (4), (5), or (6) of this section.	405

(G) Points shall be assessed for violation of a limitation	406
under division (D) of this section in accordance with section	407
4510.036 of the Revised Code.	408

(H) Whenever the director determines upon the basis of a	409
geometric and traffic characteristic study that any speed limit	410
set forth in divisions (B)(1)(a) to (D) of this section is greater	411
or less than is reasonable or safe under the conditions found to	412
exist at any portion of a street or highway under the jurisdiction	413
of the director, the director shall determine and declare a	414
reasonable and safe prima-facie speed limit, which shall be	415
effective when appropriate signs giving notice of it are erected	416
at the location.	417

(I)(1) Except as provided in divisions (I)(2) and (K) of this	418
section, whenever local authorities determine upon the basis of an	419
engineering and traffic investigation that the speed permitted by	420
divisions (B)(1)(a) to (D) of this section, on any part of a	421
highway under their jurisdiction, is greater than is reasonable	422
and safe under the conditions found to exist at such location, the	423
local authorities may by resolution request the director to	424
determine and declare a reasonable and safe prima-facie speed	425
limit. Upon receipt of such request the director may determine and	426
declare a reasonable and safe prima-facie speed limit at such	427
location, and if the director does so, then such declared speed	428
limit shall become effective only when appropriate signs giving	429
notice thereof are erected at such location by the local	430
authorities. The director may withdraw the declaration of a	431
prima-facie speed limit whenever in the director's opinion the	432
altered prima-facie speed becomes unreasonable. Upon such	433
withdrawal, the declared prima-facie speed shall become	434
ineffective and the signs relating thereto shall be immediately	435
removed by the local authorities.	436

(2) A local authority may determine on the basis of a	437
geometric and traffic characteristic study that the speed limit of	438
sixty-five miles per hour on a portion of a freeway under its	439
jurisdiction that was established through the operation of	440
division (L)(3) of this section is greater than is reasonable or	441
safe under the conditions found to exist at that portion of the	442
freeway. If the local authority makes such a determination, the	443
local authority by resolution may request the director to	444
determine and declare a reasonable and safe speed limit of not	445
less than fifty-five miles per hour for that portion of the	446
freeway. If the director takes such action, the declared speed	447
limit becomes effective only when appropriate signs giving notice	448
of it are erected at such location by the local authority.	449

(J) Local authorities in their respective jurisdictions may	450
authorize by ordinance higher prima-facie speeds than those stated	451
in this section upon through highways, or upon highways or	452
portions thereof where there are no intersections, or between	453
widely spaced intersections, provided signs are erected giving	454
notice of the authorized speed, but local authorities shall not	455
modify or alter the basic rule set forth in division (A) of this	456
section or in any event authorize by ordinance a speed in excess	457
of fifty miles per hour.	458

Alteration of prima-facie limits on state routes by local	459
authorities shall not be effective until the alteration has been	460
approved by the director. The director may withdraw approval of	461
any altered prima-facie speed limits whenever in the director's	462
opinion any altered prima-facie speed becomes unreasonable, and	463
upon such withdrawal, the altered prima-facie speed shall become	464
ineffective and the signs relating thereto shall be immediately	465
removed by the local authorities.	466

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	467
section, "unimproved highway" means a highway consisting of any of	468
the following:	469

(a) Unimproved earth;

470

(b) Unimproved graded and drained earth;

471

(c) Gravel.

472

(2) Except as otherwise provided in divisions (K)(4) and (5)	473
of this section, whenever a board of township trustees determines	474
upon the basis of an engineering and traffic investigation that	475
the speed permitted by division (B)(5) of this section on any part	476
of an unimproved highway under its jurisdiction and in the	477
unincorporated territory of the township is greater than is	478
reasonable or safe under the conditions found to exist at the	479
location, the board may by resolution declare a reasonable and	480
safe prima-facie speed limit of fifty-five but not less than	481
twenty-five miles per hour. An altered speed limit adopted by a	482
board of township trustees under this division becomes effective	483
when appropriate traffic control devices, as prescribed in section	484
4511.11 of the Revised Code, giving notice thereof are erected at	485
the location, which shall be no sooner than sixty days after	486
adoption of the resolution.	487

(3)(a) Whenever, in the opinion of a board of township	488
trustees, any altered prima-facie speed limit established by the	489
board under this division becomes unreasonable, the board may	490
adopt a resolution withdrawing the altered prima-facie speed	491
limit. Upon the adoption of such a resolution, the altered	492
prima-facie speed limit becomes ineffective and the traffic	493
control devices relating thereto shall be immediately removed.	494

(b) Whenever a highway ceases to be an unimproved highway and	495
the board has adopted an altered prima-facie speed limit pursuant	496
to division (K)(2) of this section, the board shall, by	497
resolution, withdraw the altered prima-facie speed limit as soon	498
as the highway ceases to be unimproved. Upon the adoption of such	499
a resolution, the altered prima-facie speed limit becomes	500
ineffective and the traffic control devices relating thereto shall	501
be immediately removed.	502

(4)(a) If the boundary of two townships rests on the	503
centerline of an unimproved highway in unincorporated territory	504
and both townships have jurisdiction over the highway, neither of	505
the boards of township trustees of such townships may declare an	506
altered prima-facie speed limit pursuant to division (K)(2) of	507
this section on the part of the highway under their joint	508
jurisdiction unless the boards of township trustees of both of the	509
townships determine, upon the basis of an engineering and traffic	510
investigation, that the speed permitted by division (B)(5) of this	511
section is greater than is reasonable or safe under the conditions	512
found to exist at the location and both boards agree upon a	513
reasonable and safe prima-facie speed limit of less than	514
fifty-five but not less than twenty-five miles per hour for that	515
location. If both boards so agree, each shall follow the procedure	516
specified in division (K)(2) of this section for altering the	517
prima-facie speed limit on the highway. Except as otherwise	518
provided in division (K)(4)(b) of this section, no speed limit	519
altered pursuant to division (K)(4)(a) of this section may be	520
withdrawn unless the boards of township trustees of both townships	521
determine that the altered prima-facie speed limit previously	522
adopted becomes unreasonable and each board adopts a resolution	523
withdrawing the altered prima-facie speed limit pursuant to the	524
procedure specified in division (K)(3)(a) of this section.	525

(b) Whenever a highway described in division (K)(4)(a) of	526
this section ceases to be an unimproved highway and two boards of	527
township trustees have adopted an altered prima-facie speed limit	528
pursuant to division (K)(4)(a) of this section, both boards shall,	529
by resolution, withdraw the altered prima-facie speed limit as	530
soon as the highway ceases to be unimproved. Upon the adoption of	531
the resolution, the altered prima-facie speed limit becomes	532
ineffective and the traffic control devices relating thereto shall	533
be immediately removed.	534

(5) As used in division (K)(5) of this section:

535

(a) "Commercial subdivision" means any platted territory	536
outside the limits of a municipal corporation and fronting a	537
highway where, for a distance of three hundred feet or more, the	538
frontage is improved with buildings in use for commercial	539
purposes, or where the entire length of the highway is less than	540
three hundred feet long and the frontage is improved with	541
buildings in use for commercial purposes.	542

(b) "Residential subdivision" means any platted territory	543
outside the limits of a municipal corporation and fronting a	544
highway, where, for a distance of three hundred feet or more, the	545
frontage is improved with residences or residences and buildings	546
in use for business, or where the entire length of the highway is	547
less than three hundred feet long and the frontage is improved	548
with residences or residences and buildings in use for business.	549

Whenever a board of township trustees finds upon the basis of	550
an engineering and traffic investigation that the prima-facie	551
speed permitted by division (B)(5) of this section on any part of	552
a highway under its jurisdiction that is located in a commercial	553
or residential subdivision, except on highways or portions thereof	554
at the entrances to which vehicular traffic from the majority of	555
intersecting highways is required to yield the right-of-way to	556
vehicles on such highways in obedience to stop or yield signs or	557
traffic control signals, is greater than is reasonable and safe	558
under the conditions found to exist at the location, the board may	559
by resolution declare a reasonable and safe prima-facie speed	560
limit of less than fifty-five but not less than twenty-five miles	561
per hour at the location. An altered speed limit adopted by a	562
board of township trustees under this division shall become	563
effective when appropriate signs giving notice thereof are erected	564
at the location by the township. Whenever, in the opinion of a	565
board of township trustees, any altered prima-facie speed limit	566
established by it under this division becomes unreasonable, it may	567
adopt a resolution withdrawing the altered prima-facie speed, and	568
upon such withdrawal, the altered prima-facie speed shall become	569
ineffective, and the signs relating thereto shall be immediately	570
removed by the township.	571

(L)(1) Within one hundred twenty days of February 29, 1996,	572
the director of transportation, based upon a geometric and traffic	573
characteristic study of a freeway that is part of the interstate	574
system or that is not part of the interstate system, but is built	575
to the standards and specifications that are applicable to	576
freeways that are part of the interstate system, in consultation	577
with the director of public safety and, if applicable, the local	578
authority having jurisdiction over a portion of such freeway, may	579
determine and declare that the speed limit of less than sixty-five	580
miles per hour established on such freeway or portion of freeway	581
either is reasonable and safe or is less than that which is	582
reasonable and safe.	583

(2) If the established speed limit for such a freeway or	584
portion of freeway is determined to be less than that which is	585
reasonable and safe, the director of transportation, in	586
consultation with the director of public safety and, if	587
applicable, the local authority having jurisdiction over the	588
portion of freeway, shall determine and declare a reasonable and	589
safe speed limit of not more than sixty-five miles per hour for	590
that freeway or portion of freeway.	591

The director of transportation or local authority having	592
jurisdiction over the freeway or portion of freeway shall erect	593
appropriate signs giving notice of the speed limit at such	594
location within one hundred fifty days of February 29, 1996. Such	595
speed limit becomes effective only when such signs are erected at	596
the location.	597

(3) If, within one hundred twenty days of February 29, 1996,	598
the director of transportation does not make a determination and	599
declaration of a reasonable and safe speed limit for a freeway or	600
portion of freeway that is part of the interstate system or that	601
is not part of the interstate system, but is built to the	602
standards and specifications that are applicable to freeways that	603
are part of the interstate system and that has a speed limit of	604
less than sixty-five miles per hour, the speed limit on that	605
freeway or portion of a freeway shall be sixty-five miles per	606
hour. The director of transportation or local authority having	607
jurisdiction over the freeway or portion of the freeway shall	608
erect appropriate signs giving notice of the speed limit of	609
sixty-five miles per hour at such location within one hundred	610
fifty days of February 29, 1996. Such speed limit becomes	611
effective only when such signs are erected at the location. A	612
speed limit established through the operation of division (L)(3)	613
of this section is subject to reduction under division (I)(2) of	614
this section.	615

(M) Within three hundred sixty days after February 29, 1996,	616
the director of transportation, based upon a geometric and traffic	617
characteristic study of a rural, divided, multi-lane highway that	618
has been designated as part of the national highway system under	619
the "National Highway System Designation Act of 1995," 109 Stat.	620
568, 23 U.S.C.A. 103, in consultation with the director of public	621
safety and, if applicable, the local authority having jurisdiction	622
over a portion of the highway, may determine and declare that the	623
speed limit of less than sixty-five miles per hour established on	624
the highway or portion of highway either is reasonable and safe or	625
is less than that which is reasonable and safe.	626

If the established speed limit for the highway or portion of	627
highway is determined to be less than that which is reasonable and	628
safe, the director of transportation, in consultation with the	629
director of public safety and, if applicable, the local authority	630
having jurisdiction over the portion of highway, shall determine	631
and declare a reasonable and safe speed limit of not more than	632
sixty-five miles per hour for that highway or portion of highway.	633
The director of transportation or local authority having	634
jurisdiction over the highway or portion of highway shall erect	635
appropriate signs giving notice of the speed limit at such	636
location within three hundred ninety days after February 29, 1996.	637
The speed limit becomes effective only when such signs are erected	638
at the location.	639

(N)(1)(a) If the boundary of two local authorities rests on	640
the centerline of a highway and both authorities have jurisdiction	641
over the highway, the speed limit for the part of the highway	642
within their joint jurisdiction shall be either one of the	643
following as agreed to by both authorities:	644

(i) Either prima-facie speed limit permitted by division (B)	645
of this section;	646

(ii) An altered speed limit determined and posted in	647
accordance with this section.	648

(b) If the local authorities are unable to reach an	649
agreement, the speed limit shall remain as established and posted	650
under this section.	651

(2) Neither local authority may declare an altered	652
prima-facie speed limit pursuant to this section on the part of	653
the highway under their joint jurisdiction unless both of the	654
local authorities determine, upon the basis of an engineering and	655
traffic investigation, that the speed permitted by this section is	656
greater than is reasonable or safe under the conditions found to	657
exist at the location and both authorities agree upon a uniform	658
reasonable and safe prima-facie speed limit of less than	659
fifty-five but not less than twenty-five miles per hour for that	660
location. If both authorities so agree, each shall follow the	661
procedure specified in this section for altering the prima-facie	662
speed limit on the highway, and the speed limit for the part of	663
the highway within their joint jurisdiction shall be uniformly	664
altered. No altered speed limit may be withdrawn unless both local	665
authorities determine that the altered prima-facie speed limit	666
previously adopted becomes unreasonable and each adopts a	667
resolution withdrawing the altered prima-facie speed limit	668
pursuant to the procedure specified in this section.	669

(O) As used in this section:

670

(1) "Interstate system" has the same meaning as in 23	671
U.S.C.A. 101.	672

(2) "Commercial bus" means a motor vehicle designed for	673
carrying more than nine passengers and used for the transportation	674
of persons for compensation.	675

(3) "Noncommercial bus" includes but is not limited to a	676
school bus or a motor vehicle operated solely for the	677
transportation of persons associated with a charitable or	678
nonprofit organization.	679

(P)(1) A violation of any provision of this section is one of	680
the following:	681

(a) Except as otherwise provided in divisions (P)(1)(b),	682
(1)(c), (2), and (3) of this section, a minor misdemeanor;	683

(b) If, within one year of the offense, the offender	684
previously has been convicted of or pleaded guilty to two	685
violations of any provision of this section or of any provision of	686
a municipal ordinance that is substantially similar to any	687
provision of this section, a misdemeanor of the fourth degree;	688

(c) If, within one year of the offense, the offender	689
previously has been convicted of or pleaded guilty to three or	690
more violations of any provision of this section or of any	691
provision of a municipal ordinance that is substantially similar	692
to any provision of this section, a misdemeanor of the third	693
degree.	694

(2) If the offender has not previously been convicted of or	695
pleaded guilty to a violation of any provision of this section or	696
of any provision of a municipal ordinance that is substantially	697
similar to this section and operated a motor vehicle faster than	698
thirty-five miles an hour in a business district of a municipal	699
corporation, faster than fifty miles an hour in other portions of	700
a municipal corporation, or faster than thirty-five miles an hour	701
in a school zone during recess or while children are going to or	702
leaving school during the school's opening or closing hours, a	703
misdemeanor of the fourth degree.	704

(3) Notwithstanding division (P)(1) of this section, if the	705
offender operated a motor vehicle in a construction zone where a	706
sign was then posted in accordance with section 4511.98 of the	707
Revised Code, the court, in addition to all other penalties	708
provided by law, shall impose upon the offender a fine of two	709
times the usual amount imposed for the violation. No court shall	710
impose a fine of two times the usual amount imposed for the	711
violation upon an offender if the offender alleges, in an	712
affidavit filed with the court prior to the offender's sentencing,	713
that the offender is indigent and is unable to pay the fine	714
imposed pursuant to this division and if the court determines that	715
the offender is an indigent person and unable to pay the fine.	716

(4)(a) If the offender's violation of division (A) of this	717
section resulted in serious physical harm to another person, the	718
court, in addition to any penalty the court imposes upon the	719
offender pursuant to division (P)(1) of this section and	720
notwithstanding section 2929.28 of the Revised Code, shall impose	721
a fine of not more than five hundred dollars. The court also shall	722
impose a class eight license suspension of the offender's driver's	723
license, commercial driver's license, temporary instruction	724
permit, probationary license, or nonresident operating privilege	725
from the range specified in division (A)(8) of section 4510.02 of	726
the Revised Code. The court also shall assess at least two, and	727
may assess three or four, points against the offender's driver's	728
license, commercial driver's license, temporary instruction	729
permit, probationary license, or nonresident operating privilege.	730
The court shall notify the registrar of motor vehicles of the	731
number of points assessed in accordance with sections 4510.03 to	732
4510.036 of the Revised Code.	733

The court shall forward the first twenty-five dollars of any	734
fine collected under division (P)(4)(a) of this section to the	735
treasurer of state for deposit into the highway safety education	736
fund created by section 4501.14 of the Revised Code.	737

(b) If the offender's violation of division (A) of this	738
section resulted in the death of another person, the court, in	739
addition to any penalty the court imposes upon the offender	740
pursuant to division (P)(1) of this section and notwithstanding	741
section 2929.28 of the Revised Code, shall impose a fine of not	742
more than one thousand dollars. The court also shall impose a	743
class seven license suspension of the offender's driver's license,	744
commercial driver's license, temporary instruction permit,	745
probationary license, or nonresident operating privilege from the	746
range specified in division (A)(7) of section 4510.02 of the	747
Revised Code. The court also shall assess at least two, and may	748
assess three, four, five, or six, points against the offender's	749
driver's license, commercial driver's license, temporary	750
instruction permit, probationary license, or nonresident operating	751
privilege. The court shall notify the registrar of the number of	752
points assessed in accordance with sections 4510.03 to 4510.036 of	753
the Revised Code.	754

The court shall forward the first fifty dollars of any fine	755
collected under division (P)(4)(b) of this section to the	756
treasurer of state for deposit into the highway safety education	757
fund created by section 4501.14 of the Revised Code.	758

Sec. 4511.33.  (A) Whenever any roadway has been divided into	759
two or more clearly marked lanes for traffic, or wherever within	760
municipal corporations traffic is lawfully moving in two or more	761
substantially continuous lines in the same direction, the	762
following rules apply:	763

(1) A vehicle or trackless trolley shall be driven, as nearly	764
as is practicable, entirely within a single lane or line of	765
traffic and shall not be moved from such lane or line until the	766
driver has first ascertained that such movement can be made with	767
safety.	768

(2) Upon a roadway which is divided into three lanes and	769
provides for two-way movement of traffic, a vehicle or trackless	770
trolley shall not be driven in the center lane except when	771
overtaking and passing another vehicle or trackless trolley where	772
the roadway is clearly visible and such center lane is clear of	773
traffic within a safe distance, or when preparing for a left turn,	774
or where such center lane is at the time allocated exclusively to	775
traffic moving in the direction the vehicle or trackless trolley	776
is proceeding and is posted with signs to give notice of such	777
allocation.	778

(3) Official signs may be erected directing specified traffic	779
to use a designated lane or designating those lanes to be used by	780
traffic moving in a particular direction regardless of the center	781
of the roadway, or restricting the use of a particular lane to	782
only buses during certain hours or during all hours, and drivers	783
of vehicles and trackless trolleys shall obey the directions of	784
such signs.	785

(4) Official traffic control devices may be installed	786
prohibiting the changing of lanes on sections of roadway and	787
drivers of vehicles shall obey the directions of every such	788
device.	789

(B)(1) Except as otherwise provided in this division (B)(1)	790
of this section, whoever violates this section is guilty of a	791
minor misdemeanor. If, within one year of the offense, the	792
offender previously has been convicted of or pleaded guilty to one	793
predicate motor vehicle or traffic offense, whoever violates this	794
section is guilty of a misdemeanor of the fourth degree. If,	795
within one year of the offense, the offender previously has been	796
convicted of two or more predicate motor vehicle or traffic	797
offenses, whoever violates this section is guilty of a misdemeanor	798
of the third degree.	799

(2) If the offender's violation of division (A) of this	800
section resulted in serious physical harm to another person, the	801
court, in addition to any penalty the court imposes upon the	802
offender pursuant to division (B)(1) of this section and	803
notwithstanding section 2929.28 of the Revised Code, shall impose	804
a fine of not more than five hundred dollars. The court also shall	805
impose a class eight license suspension of the offender's driver's	806
license, commercial driver's license, temporary instruction	807
permit, probationary license, or nonresident operating privilege	808
from the range specified in division (A)(8) of section 4510.02 of	809
the Revised Code. The court also shall assess at least two, and	810
may assess three or four, points against the offender's driver's	811
license, commercial driver's license, temporary instruction	812
permit, probationary license, or nonresident operating privilege.	813
The court shall notify the registrar of motor vehicles of the	814
number of points assessed in accordance with sections 4510.03 to	815
4510.036 of the Revised Code.	816

The court shall forward the first twenty-five dollars of any	817
fine collected under division (B)(2) of this section to the	818
treasurer of state for deposit into the highway safety education	819
fund created by section 4501.14 of the Revised Code.	820

(3) If the offender's violation of division (A) of this	821
section resulted in the death of another person, the court, in	822
addition to any penalty the court imposes upon the offender	823
pursuant to division (B)(1) of this section and notwithstanding	824
section 2929.28 of the Revised Code, shall impose a fine of not	825
more than one thousand dollars. The court also shall impose a	826
class seven license suspension of the offender's driver's license,	827
commercial driver's license, temporary instruction permit,	828
probationary license, or nonresident operating privilege from the	829
range specified in division (A)(7) of section 4510.02 of the	830
Revised Code. The court also shall assess at least two, and may	831
assess three, four, five, or six, points against the offender's	832
driver's license, commercial driver's license, temporary	833
instruction permit, probationary license, or nonresident operating	834
privilege. The court shall notify the registrar of the number of	835
points assessed in accordance with sections 4510.03 to 4510.036 of	836
the Revised Code.	837

The court shall forward the first fifty dollars of any fine	838
collected under division (B)(3) of this section to the treasurer	839
of state for deposit into the highway safety education fund	840
created by section 4501.14 of the Revised Code.	841

Sec. 4511.41.  (A) When two vehicles, including any trackless	842
trolley or streetcar, approach or enter an intersection from	843
different streets or highways at approximately the same time, the	844
driver of the vehicle on the left shall yield the right-of-way to	845
the vehicle on the right.	846

(B) The right-of-way rule declared in division (A) of this	847
section is modified at through highways and otherwise as stated in	848
Chapter 4511. of the Revised Code.	849

(C)(1) Except as otherwise provided in this division (C)(1)	850
of this section, whoever violates this section is guilty of a	851
minor misdemeanor. If, within one year of the offense, the	852
offender previously has been convicted of or pleaded guilty to one	853
predicate motor vehicle or traffic offense, whoever violates this	854
section is guilty of a misdemeanor of the fourth degree. If,	855
within one year of the offense, the offender previously has been	856
convicted of two or more predicate motor vehicle or traffic	857
offenses, whoever violates this section is guilty of a misdemeanor	858
of the third degree.	859

(2) If the offender's violation of division (A) of this	860
section resulted in serious physical harm to another person, the	861
court, in addition to any penalty the court imposes upon the	862
offender pursuant to division (C)(1) of this section and	863
notwithstanding section 2929.28 of the Revised Code, shall impose	864
a fine of not more than five hundred dollars. The court also shall	865
impose a class eight license suspension of the offender's driver's	866
license, commercial driver's license, temporary instruction	867
permit, probationary license, or nonresident operating privilege	868
from the range specified in division (A)(8) of section 4510.02 of	869
the Revised Code. The court also shall assess at least two, and	870
may assess three or four, points against the offender's driver's	871
license, commercial driver's license, temporary instruction	872
permit, probationary license, or nonresident operating privilege.	873
The court shall notify the registrar of motor vehicles of the	874
number of points assessed in accordance with sections 4510.03 to	875
4510.036 of the Revised Code.	876

The court shall forward the first twenty-five dollars of any	877
fine collected under division (C)(2) of this section to the	878
treasurer of state for deposit into the highway safety education	879
fund created by section 4501.14 of the Revised Code.	880

(3) If the offender's violation of division (A) of this	881
section resulted in the death of another person, the court, in	882
addition to any penalty the court imposes upon the offender	883
pursuant to division (C)(1) of this section and notwithstanding	884
section 2929.28 of the Revised Code, shall impose a fine of not	885
more than one thousand dollars. The court also shall impose a	886
class seven license suspension of the offender's driver's license,	887
commercial driver's license, temporary instruction permit,	888
probationary license, or nonresident operating privilege from the	889
range specified in division (A)(7) of section 4510.02 of the	890
Revised Code. The court also shall assess at least two, and may	891
assess three, four, five, or six, points against the offender's	892
driver's license, commercial driver's license, temporary	893
instruction permit, probationary license, or nonresident operating	894
privilege. The court shall notify the registrar of the number of	895
points assessed in accordance with sections 4510.03 to 4510.036 of	896
the Revised Code.	897

The court shall forward the first fifty dollars of any fine	898
collected under division (C)(3) of this section to the treasurer	899
of state for deposit into the highway safety education fund	900
created by section 4501.14 of the Revised Code.	901

Sec. 4511.42.  (A) The operator of a vehicle, streetcar, or	902
trackless trolley intending to turn to the left within an	903
intersection or into an alley, private road, or driveway shall	904
yield the right of way to any vehicle, streetcar, or trackless	905
trolley approaching from the opposite direction, whenever the	906
approaching vehicle, streetcar, or trackless trolley is within the	907
intersection or so close to the intersection, alley, private road,	908
or driveway as to constitute an immediate hazard.	909

(B)(1) Except as otherwise provided in this division (B)(1)	910
of this section, whoever violates this section is guilty of a	911
minor misdemeanor. If, within one year of the offense, the	912
offender previously has been convicted of or pleaded guilty to one	913
predicate motor vehicle or traffic offense, whoever violates this	914
section is guilty of a misdemeanor of the fourth degree. If,	915
within one year of the offense, the offender previously has been	916
convicted of two or more predicate motor vehicle or traffic	917
offenses, whoever violates this section is guilty of a misdemeanor	918
of the third degree.	919

(2) If the offender's violation of division (A) of this	920
section resulted in serious physical harm to another person, the	921
court, in addition to any penalty the court imposes upon the	922
offender pursuant to division (B)(1) of this section and	923
notwithstanding section 2929.28 of the Revised Code, shall impose	924
a fine of not more than five hundred dollars. The court also shall	925
impose a class eight license suspension of the offender's driver's	926
license, commercial driver's license, temporary instruction	927
permit, probationary license, or nonresident operating privilege	928
from the range specified in division (A)(8) of section 4510.02 of	929
the Revised Code. The court also shall assess at least two, and	930
may assess three or four, points against the offender's driver's	931
license, commercial driver's license, temporary instruction	932
permit, probationary license, or nonresident operating privilege.	933
The court shall notify the registrar of motor vehicles of the	934
number of points assessed in accordance with sections 4510.03 to	935
4510.036 of the Revised Code.	936

The court shall forward the first twenty-five dollars of any	937
fine collected under division (B)(2) of this section to the	938
treasurer of state for deposit into the highway safety education	939
fund created by section 4501.14 of the Revised Code.	940

(3) If the offender's violation of division (A) of this	941
section resulted in the death of another person, the court, in	942
addition to any penalty the court imposes upon the offender	943
pursuant to division (B)(1) of this section and notwithstanding	944
section 2929.28 of the Revised Code, shall impose a fine of not	945
more than one thousand dollars. The court also shall impose a	946
class seven license suspension of the offender's driver's license,	947
commercial driver's license, temporary instruction permit,	948
probationary license, or nonresident operating privilege from the	949
range specified in division (A)(7) of section 4510.02 of the	950
Revised Code. The court also shall assess at least two, and may	951
assess three, four, five, or six, points against the offender's	952
driver's license, commercial driver's license, temporary	953
instruction permit, probationary license, or nonresident operating	954
privilege. The court shall notify the registrar of the number of	955
points assessed in accordance with sections 4510.03 to 4510.036 of	956
the Revised Code.	957

The court shall forward the first fifty dollars of any fine	958
collected under division (B)(3) of this section to the treasurer	959
of state for deposit into the highway safety education fund	960
created by section 4501.14 of the Revised Code.	961

Sec. 4511.43.  (A) Except when directed to proceed by a law	962
enforcement officer, every driver of a vehicle or trackless	963
trolley approaching a stop sign shall stop at a clearly marked	964
stop line, but if none, before entering the crosswalk on the near	965
side of the intersection, or, if none, then at the point nearest	966
the intersecting roadway where the driver has a view of	967
approaching traffic on the intersecting roadway before entering	968
it. After having stopped, the driver shall yield the right-of-way	969
to any vehicle in the intersection or approaching on another	970
roadway so closely as to constitute an immediate hazard during the	971
time the driver is moving across or within the intersection or	972
junction of roadways.	973

(B) The driver of a vehicle or trackless trolley approaching	974
a yield sign shall slow down to a speed reasonable for the	975
existing conditions and, if required for safety to stop, shall	976
stop at a clearly marked stop line, but if none, before entering	977
the crosswalk on the near side of the intersection, or, if none,	978
then at the point nearest the intersecting roadway where the	979
driver has a view of approaching traffic on the intersecting	980
roadway before entering it. After slowing or stopping, the driver	981
shall yield the right-of-way to any vehicle or trackless trolley	982
in the intersection or approaching on another roadway so closely	983
as to constitute an immediate hazard during the time the driver is	984
moving across or within the intersection or junction of roadways.	985
Whenever a driver is involved in a collision with a vehicle or	986
trackless trolley in the intersection or junction of roadways,	987
after driving past a yield sign without stopping, the collision	988
shall be prima-facie evidence of the driver's failure to yield the	989
right-of-way.	990

(C)(1) Except as otherwise provided in this division (C)(1)	991
of this section, whoever violates this section is guilty of a	992
minor misdemeanor. If, within one year of the offense, the	993
offender previously has been convicted of or pleaded guilty to one	994
predicate motor vehicle or traffic offense, whoever violates this	995
section is guilty of a misdemeanor of the fourth degree. If,	996
within one year of the offense, the offender previously has been	997
convicted of two or more predicate motor vehicle or traffic	998
offenses, whoever violates this section is guilty of a misdemeanor	999
of the third degree.	1000

(2) If the offender's violation of division (A) or (B) of	1001
this section resulted in serious physical harm to another person,	1002
the court, in addition to any penalty the court imposes upon the	1003
offender pursuant to division (C)(1) of this section and	1004
notwithstanding section 2929.28 of the Revised Code, shall impose	1005
a fine of not more than five hundred dollars. The court also shall	1006
impose a class eight license suspension of the offender's driver's	1007
license, commercial driver's license, temporary instruction	1008
permit, probationary license, or nonresident operating privilege	1009
from the range specified in division (A)(8) of section 4510.02 of	1010
the Revised Code. The court also shall assess at least two, and	1011
may assess three or four, points against the offender's driver's	1012
license, commercial driver's license, temporary instruction	1013
permit, probationary license, or nonresident operating privilege.	1014
The court shall notify the registrar of motor vehicles of the	1015
number of points assessed in accordance with sections 4510.03 to	1016
4510.036 of the Revised Code.	1017

The court shall forward the first twenty-five dollars of any	1018
fine collected under division (C)(2) of this section to the	1019
treasurer of state for deposit into the highway safety education	1020
fund created by section 4501.14 of the Revised Code.	1021

(3) If the offender's violation of division (A) or (B) of	1022
this section resulted in the death of another person, the court,	1023
in addition to any penalty the court imposes upon the offender	1024
pursuant to division (C)(1) of this section and notwithstanding	1025
section 2929.28 of the Revised Code, shall impose a fine of not	1026
more than one thousand dollars. The court also shall impose a	1027
class seven license suspension of the offender's driver's license,	1028
commercial driver's license, temporary instruction permit,	1029
probationary license, or nonresident operating privilege from the	1030
range specified in division (A)(7) of section 4510.02 of the	1031
Revised Code. The court also shall assess at least two, and may	1032
assess three, four, five, or six, points against the offender's	1033
driver's license, commercial driver's license, temporary	1034
instruction permit, probationary license, or nonresident operating	1035
privilege. The court shall notify the registrar of the number of	1036
points assessed in accordance with sections 4510.03 to 4510.036 of	1037
the Revised Code.	1038

The court shall forward the first fifty dollars of any fine	1039
collected under division (C)(3) of this section to the treasurer	1040
of state for deposit into the highway safety education fund	1041
created by section 4501.14 of the Revised Code.	1042

Sec. 4511.431.  (A) The driver of a vehicle or trackless	1043
trolley emerging from an alley, building, private road, or	1044
driveway within a business or residence district shall stop the	1045
vehicle or trackless trolley immediately prior to driving onto a	1046
sidewalk or onto the sidewalk area extending across the alley,	1047
building entrance, road, or driveway, or in the event there is no	1048
sidewalk area, shall stop at the point nearest the street to be	1049
entered where the driver has a view of approaching traffic	1050
thereon.	1051

(B)(1) Except as otherwise provided in this division (B)(1)	1052
of this section, whoever violates this section is guilty of a	1053
minor misdemeanor. If, within one year of the offense, the	1054
offender previously has been convicted of or pleaded guilty to one	1055
predicate motor vehicle or traffic offense, whoever violates this	1056
section is guilty of a misdemeanor of the fourth degree. If,	1057
within one year of the offense, the offender previously has been	1058
convicted of two or more predicate motor vehicle or traffic	1059
offenses, whoever violates this section is guilty of a misdemeanor	1060
of the third degree.	1061

(2) If the offender's violation of division (A) of this	1062
section resulted in serious physical harm to another person, the	1063
court, in addition to any penalty the court imposes upon the	1064
offender pursuant to division (B)(1) of this section and	1065
notwithstanding section 2929.28 of the Revised Code, shall impose	1066
a fine of not more than five hundred dollars. The court also shall	1067
impose a class eight license suspension of the offender's driver's	1068
license, commercial driver's license, temporary instruction	1069
permit, probationary license, or nonresident operating privilege	1070
from the range specified in division (A)(8) of section 4510.02 of	1071
the Revised Code. The court also shall assess at least two, and	1072
may assess three or four, points against the offender's driver's	1073
license, commercial driver's license, temporary instruction	1074
permit, probationary license, or nonresident operating privilege.	1075
The court shall notify the registrar of motor vehicles of the	1076
number of points assessed in accordance with sections 4510.03 to	1077
4510.036 of the Revised Code.	1078

The court shall forward the first twenty-five dollars of any	1079
fine collected under division (B)(2) of this section to the	1080
treasurer of state for deposit into the highway safety education	1081
fund created by section 4501.14 of the Revised Code.	1082

(3) If the offender's violation of division (A) of this	1083
section resulted in the death of another person, the court, in	1084
addition to any penalty the court imposes upon the offender	1085
pursuant to division (B)(1) of this section and notwithstanding	1086
section 2929.28 of the Revised Code, shall impose a fine of not	1087
more than one thousand dollars. The court also shall impose a	1088
class seven license suspension of the offender's driver's license,	1089
commercial driver's license, temporary instruction permit,	1090
probationary license, or nonresident operating privilege from the	1091
range specified in division (A)(7) of section 4510.02 of the	1092
Revised Code. The court also shall assess at least two, and may	1093
assess three, four, five, or six, points against the offender's	1094
driver's license, commercial driver's license, temporary	1095
instruction permit, probationary license, or nonresident operating	1096
privilege. The court shall notify the registrar of the number of	1097
points assessed in accordance with sections 4510.03 to 4510.036 of	1098
the Revised Code.	1099

The court shall forward the first fifty dollars of any fine	1100
collected under division (B)(3) of this section to the treasurer	1101
of state for deposit into the highway safety education fund	1102
created by section 4501.14 of the Revised Code.	1103

Sec. 4511.44.  (A) The operator of a vehicle, streetcar, or	1104
trackless trolley about to enter or cross a highway from any place	1105
other than another roadway shall yield the right of way to all	1106
traffic approaching on the roadway to be entered or crossed.	1107

(B)(1) Except as otherwise provided in this division (B)(1)	1108
of this section, whoever violates this section is guilty of a	1109
minor misdemeanor. If, within one year of the offense, the	1110
offender previously has been convicted of or pleaded guilty to one	1111
predicate motor vehicle or traffic offense, whoever violates this	1112
section is guilty of a misdemeanor of the fourth degree. If,	1113
within one year of the offense, the offender previously has been	1114
convicted of two or more predicate motor vehicle or traffic	1115
offenses, whoever violates this section is guilty of a misdemeanor	1116
of the third degree.	1117

(2) If the offender's violation of division (A) of this	1118
section resulted in serious physical harm to another person, the	1119
court, in addition to any penalty the court imposes upon the	1120
offender pursuant to division (B)(1) of this section and	1121
notwithstanding section 2929.28 of the Revised Code, shall impose	1122
a fine of not more than five hundred dollars. The court also shall	1123
impose a class eight license suspension of the offender's driver's	1124
license, commercial driver's license, temporary instruction	1125
permit, probationary license, or nonresident operating privilege	1126
from the range specified in division (A)(8) of section 4510.02 of	1127
the Revised Code. The court also shall assess at least two, and	1128
may assess three or four, points against the offender's driver's	1129
license, commercial driver's license, temporary instruction	1130
permit, probationary license, or nonresident operating privilege.	1131
The court shall notify the registrar of motor vehicles of the	1132
number of points assessed in accordance with sections 4510.03 to	1133
4510.036 of the Revised Code.	1134

The court shall forward the first twenty-five dollars of any	1135
fine collected under division (B)(2) of this section to the	1136
treasurer of state for deposit into the highway safety education	1137
fund created by section 4501.14 of the Revised Code.	1138

(3) If the offender's violation of division (A) of this	1139
section resulted in the death of another person, the court, in	1140
addition to any penalty the court imposes upon the offender	1141
pursuant to division (B)(1) of this section and notwithstanding	1142
section 2929.28 of the Revised Code, shall impose a fine of not	1143
more than one thousand dollars. The court also shall impose a	1144
class seven license suspension of the offender's driver's license,	1145
commercial driver's license, temporary instruction permit,	1146
probationary license, or nonresident operating privilege from the	1147
range specified in division (A)(7) of section 4510.02 of the	1148
Revised Code. The court also shall assess at least two, and may	1149
assess three, four, five, or six, points against the offender's	1150
driver's license, commercial driver's license, temporary	1151
instruction permit, probationary license, or nonresident operating	1152
privilege. The court shall notify the registrar of the number of	1153
points assessed in accordance with sections 4510.03 to 4510.036 of	1154
the Revised Code.	1155

The court shall forward the first fifty dollars of any fine	1156
collected under division (B)(3) of this section to the treasurer	1157
of state for deposit into the highway safety education fund	1158
created by section 4501.14 of the Revised Code.	1159

Sec. 4511.441.  (A) The driver of a vehicle shall yield the	1160
right-of-way to any pedestrian on a sidewalk.	1161

(B)(1) Except as otherwise provided in this division (B)(1)	1162
of this section, whoever violates this section is guilty of a	1163
minor misdemeanor. If, within one year of the offense, the	1164
offender previously has been convicted of or pleaded guilty to one	1165
predicate motor vehicle or traffic offense, whoever violates this	1166
section is guilty of a misdemeanor of the fourth degree. If,	1167
within one year of the offense, the offender previously has been	1168
convicted of two or more predicate motor vehicle or traffic	1169
offenses, whoever violates this section is guilty of a misdemeanor	1170
of the third degree.	1171

(2) If the offender's violation of division (A) of this	1172
section resulted in serious physical harm to another person, the	1173
court, in addition to any penalty the court imposes upon the	1174
offender pursuant to division (B)(1) of this section and	1175
notwithstanding section 2929.28 of the Revised Code, shall impose	1176
a fine of not more than five hundred dollars. The court also shall	1177
impose a class eight license suspension of the offender's driver's	1178
license, commercial driver's license, temporary instruction	1179
permit, probationary license, or nonresident operating privilege	1180
from the range specified in division (A)(8) of section 4510.02 of	1181
the Revised Code. The court also shall assess at least two, and	1182
may assess three or four, points against the offender's driver's	1183
license, commercial driver's license, temporary instruction	1184
permit, probationary license, or nonresident operating privilege.	1185
The court shall notify the registrar of motor vehicles of the	1186
number of points assessed in accordance with sections 4510.03 to	1187
4510.036 of the Revised Code.	1188

The court shall forward the first twenty-five dollars of any	1189
fine collected under division (B)(2) of this section to the	1190
treasurer of state for deposit into the highway safety education	1191
fund created by section 4501.14 of the Revised Code.	1192

(3) If the offender's violation of division (A) of this	1193
section resulted in the death of another person, the court, in	1194
addition to any penalty the court imposes upon the offender	1195
pursuant to division (B)(1) of this section and notwithstanding	1196
section 2929.28 of the Revised Code, shall impose a fine of not	1197
more than one thousand dollars. The court also shall impose a	1198
class seven license suspension of the offender's driver's license,	1199
commercial driver's license, temporary instruction permit,	1200
probationary license, or nonresident operating privilege from the	1201
range specified in division (A)(7) of section 4510.02 of the	1202
Revised Code. The court also shall assess at least two, and may	1203
assess three, four, five, or six, points against the offender's	1204
driver's license, commercial driver's license, temporary	1205
instruction permit, probationary license, or nonresident operating	1206
privilege. The court shall notify the registrar of the number of	1207
points assessed in accordance with sections 4510.03 to 4510.036 of	1208
the Revised Code.	1209

The court shall forward the first fifty dollars of any fine	1210
collected under division (B)(3) of this section to the treasurer	1211
of state for deposit into the highway safety education fund	1212
created by section 4501.14 of the Revised Code.	1213

Sec. 4511.45.  (A)(1) Upon the approach of a public safety	1214
vehicle or coroner's vehicle, equipped with at least one flashing,	1215
rotating or oscillating light visible under normal atmospheric	1216
conditions from a distance of five hundred feet to the front of	1217
the vehicle and the driver is giving an audible signal by siren,	1218
exhaust whistle, or bell, no driver of any other vehicle shall	1219
fail to yield the right-of-way, immediately drive if practical to	1220
a position parallel to, and as close as possible to, the right	1221
edge or curb of the highway clear of any intersection, and stop	1222
and remain in that position until the public safety vehicle or	1223
coroner's vehicle has passed, except when otherwise directed by a	1224
police officer.	1225

(2) Upon the approach of a public safety vehicle or coroner's	1226
vehicle, as stated in division (A)(1) of this section, no operator	1227
of any streetcar or trackless trolley shall fail to immediately	1228
stop the streetcar or trackless trolley clear of any intersection	1229
and keep it in that position until the public safety vehicle or	1230
coroner's vehicle has passed, except when otherwise directed by a	1231
police officer.	1232

(B) This section does not relieve the driver of a public	1233
safety vehicle or coroner's vehicle from the duty to drive with	1234
due regard for the safety of all persons and property upon the	1235
highway.	1236

(C) This section applies to a coroner's vehicle only when the	1237
vehicle is operated in accordance with section 4513.171 of the	1238
Revised Code. As used in this section, "coroner's vehicle" means a	1239
vehicle used by a coroner, deputy coroner, or coroner's	1240
investigator that is equipped with a flashing, oscillating, or	1241
rotating red or blue light and a siren, exhaust whistle, or bell	1242
capable of giving an audible signal.	1243

(D)(1) Except as otherwise provided in this division (D)(1)	1244
of this section, whoever violates division (A)(1) or (2) of this	1245
section is guilty of a misdemeanor of the fourth degree on a first	1246
offense. On a second offense within one year after the first	1247
offense, the person is guilty of a misdemeanor of the third	1248
degree, and, on each subsequent offense within one year after the	1249
first offense, the person is guilty of a misdemeanor of the second	1250
degree.	1251

(2)(a) If the offender's violation of division (A)(1) or (2)	1252
of this section resulted in serious physical harm to another	1253
person and the offender, within one year of the offense, has been	1254
convicted of or pleaded guilty to one or fewer violations of	1255
division (A)(1) or (2) of this section, the court, in addition to	1256
any penalty the court imposes upon the offender pursuant to	1257
division (D)(1) of this section and notwithstanding section	1258
2929.28 of the Revised Code, shall impose a fine of not more than	1259
five hundred dollars. The court also shall impose a class eight	1260
license suspension of the offender's driver's license, commercial	1261
driver's license, temporary instruction permit, probationary	1262
license, or nonresident operating privilege from the range	1263
specified in division (A)(8) of section 4510.02 of the Revised	1264
Code. The court also shall assess at least two, and may assess	1265
three or four, points against the offender's driver's license,	1266
commercial driver's license, temporary instruction permit,	1267
probationary license, or nonresident operating privilege. The	1268
court shall notify the registrar of motor vehicles of the number	1269
of points assessed in accordance with sections 4510.03 to 4510.036	1270
of the Revised Code.	1271

The court shall forward the first twenty-five dollars of any	1272
fine collected under division (D)(2)(a) of this section to the	1273
treasurer of state for deposit into the highway safety education	1274
fund created by section 4501.14 of the Revised Code.	1275

(b) If the offender's violation of division (A)(1) or (2) of	1276
this section resulted in serious physical harm to another person	1277
and the offender, within one year of the offense, has been	1278
convicted of or pleaded guilty to two or more violations of	1279
division (A)(1) or (2) of this section, the court shall impose a	1280
fine of not more than seven hundred fifty dollars. The court also	1281
shall impose a class eight license suspension of the offender's	1282
driver's license, commercial driver's license, temporary	1283
instruction permit, probationary license, or nonresident operating	1284
privilege from the range specified in division (A)(8) of section	1285
4510.02 of the Revised Code. The court also shall assess at least	1286
two, and may assess three or four, points against the offender's	1287
driver's license, commercial driver's license, temporary	1288
instruction permit, probationary license, or nonresident operating	1289
privilege. The court shall notify the registrar of motor vehicles	1290
of the number of points assessed in accordance with sections	1291
4510.03 to 4510.036 of the Revised Code.	1292

The court shall forward the first thirty-eight dollars of any	1293
fine collected under division (D)(2)(b) of this section to the	1294
treasurer of state for deposit into the highway safety education	1295
fund created by section 4501.14 of the Revised Code.	1296

(3) If the offender's violation of division (A)(1) or (2) of	1297
this section resulted in the death of another person, the court,	1298
in addition to any penalty the court imposes upon the offender	1299
pursuant to division (D)(1) of this section and notwithstanding	1300
section 2929.28 of the Revised Code, shall impose a fine of not	1301
more than one thousand dollars. The court also shall impose a	1302
class seven license suspension of the offender's driver's license,	1303
commercial driver's license, temporary instruction permit,	1304
probationary license, or nonresident operating privilege from the	1305
range specified in division (A)(7) of section 4510.02 of the	1306
Revised Code. The court also shall assess at least two, and may	1307
assess three, four, five, or six, points against the offender's	1308
driver's license, commercial driver's license, temporary	1309
instruction permit, probationary license, or nonresident operating	1310
privilege. The court shall notify the registrar of the number of	1311
points assessed in accordance with sections 4510.03 to 4510.036 of	1312
the Revised Code.	1313

The court shall forward the first fifty dollars of any fine	1314
collected under division (D)(3) of this section to the treasurer	1315
of state for deposit into the highway safety education fund	1316
created by section 4501.14 of the Revised Code.	1317

Sec. 4511.451.  (A) As used in this section, "funeral	1318
procession" means two or more vehicles accompanying the cremated	1319
remains or the body of a deceased person in the daytime when each	1320
of the vehicles has its headlights lighted and is displaying a	1321
purple and white or an orange and white pennant attached to each	1322
vehicle in such a manner as to be clearly visible to traffic	1323
approaching from any direction.	1324

(B) Excepting public safety vehicles proceeding in accordance	1325
with section 4511.45 of the Revised Code or when directed	1326
otherwise by a police officer, pedestrians and the operators of	1327
all vehicles, street cars, and trackless trolleys shall yield the	1328
right of way to each vehicle that is a part of a funeral	1329
procession. Whenever the lead vehicle in a funeral procession	1330
lawfully enters an intersection, the remainder of the vehicles in	1331
the procession may continue to follow the lead vehicle through the	1332
intersection notwithstanding any traffic control devices or right	1333
of way provisions of the Revised Code, provided that the operator	1334
of each vehicle exercises due care to avoid colliding with any	1335
other vehicle or pedestrian.	1336

(C) No person shall operate any vehicle as a part of a	1337
funeral procession without having the headlights of the vehicle	1338
lighted and without displaying a purple and white or an orange and	1339
white pennant in such a manner as to be clearly visible to traffic	1340
approaching from any direction.	1341

(D)(1) Except as otherwise provided in this division (D)(1)	1342
of this section, whoever violates this section is guilty of a	1343
minor misdemeanor. If, within one year of the offense, the	1344
offender previously has been convicted of or pleaded guilty to one	1345
predicate motor vehicle or traffic offense, whoever violates this	1346
section is guilty of a misdemeanor of the fourth degree. If,	1347
within one year of the offense, the offender previously has been	1348
convicted of two or more predicate motor vehicle or traffic	1349
offenses, whoever violates this section is guilty of a misdemeanor	1350
of the third degree.	1351

(2) If the offender's violation of division (B) of this	1352
section resulted in serious physical harm to another person, the	1353
court, in addition to any penalty the court imposes upon the	1354
offender pursuant to division (D)(1) of this section and	1355
notwithstanding section 2929.28 of the Revised Code, shall impose	1356
a fine of not more than five hundred dollars. The court also shall	1357
impose a class eight license suspension of the offender's driver's	1358
license, commercial driver's license, temporary instruction	1359
permit, probationary license, or nonresident operating privilege	1360
from the range specified in division (A)(8) of section 4510.02 of	1361
the Revised Code. The court also shall assess at least two, and	1362
may assess three or four, points against the offender's driver's	1363
license, commercial driver's license, temporary instruction	1364
permit, probationary license, or nonresident operating privilege.	1365
The court shall notify the registrar of motor vehicles of the	1366
number of points assessed in accordance with sections 4510.03 to	1367
4510.036 of the Revised Code.	1368

The court shall forward the first twenty-five dollars of any	1369
fine collected under division (D)(2) of this section to the	1370
treasurer of state for deposit into the highway safety education	1371
fund created by section 4501.14 of the Revised Code.	1372

(3) If the offender's violation of division (B) of this	1373
section resulted in the death of another person, the court, in	1374
addition to any penalty the court imposes upon the offender	1375
pursuant to division (D)(1) of this section and notwithstanding	1376
section 2929.28 of the Revised Code, shall impose a fine of not	1377
more than one thousand dollars. The court also shall impose a	1378
class seven license suspension of the offender's driver's license,	1379
commercial driver's license, temporary instruction permit,	1380
probationary license, or nonresident operating privilege from the	1381
range specified in division (A)(7) of section 4510.02 of the	1382
Revised Code. The court also shall assess at least two, and may	1383
assess three, four, five, or six, points against the offender's	1384
driver's license, commercial driver's license, temporary	1385
instruction permit, probationary license, or nonresident operating	1386
privilege. The court shall notify the registrar of the number of	1387
points assessed in accordance with sections 4510.03 to 4510.036 of	1388
the Revised Code.	1389

The court shall forward the first fifty dollars of any fine	1390
collected under division (D)(3) of this section to the treasurer	1391
of state for deposit into the highway safety education fund	1392
created by section 4501.14 of the Revised Code.	1393

Sec. 4511.46.  (A) When traffic control signals are not in	1394
place, not in operation, or are not clearly assigning the	1395
right-of-way, the driver of a vehicle, trackless trolley, or	1396
streetcar shall yield the right of way, slowing down or stopping	1397
if need be to so yield or if required by section 4511.132 of the	1398
Revised Code, to a pedestrian crossing the roadway within a	1399
crosswalk when the pedestrian is upon the half of the roadway upon	1400
which the vehicle is traveling, or when the pedestrian is	1401
approaching so closely from the opposite half of the roadway as to	1402
be in danger.	1403

(B) No pedestrian shall suddenly leave a curb or other place	1404
of safety and walk or run into the path of a vehicle, trackless	1405
trolley, or streetcar which is so close as to constitute an	1406
immediate hazard.	1407

(C) Division (A) of this section does not apply under the	1408
conditions stated in division (B) of section 4511.48 of the	1409
Revised Code.	1410

(D) Whenever any vehicle, trackless trolley, or streetcar is	1411
stopped at a marked crosswalk or at any unmarked crosswalk at an	1412
intersection to permit a pedestrian to cross the roadway, the	1413
driver of any other vehicle, trackless trolley, or streetcar	1414
approaching from the rear shall not overtake and pass the stopped	1415
vehicle.	1416

(E)(1) Except as otherwise provided in this division (E)(1)	1417
of this section, whoever violates this section is guilty of a	1418
minor misdemeanor. If, within one year of the offense, the	1419
offender previously has been convicted of or pleaded guilty to one	1420
predicate motor vehicle or traffic offense, whoever violates this	1421
section is guilty of a misdemeanor of the fourth degree. If,	1422
within one year of the offense, the offender previously has been	1423
convicted of two or more predicate motor vehicle or traffic	1424
offenses, whoever violates this section is guilty of a misdemeanor	1425
of the third degree.	1426

(2) If the offender's violation of division (A) or (D) of	1427
this section resulted in serious physical harm to another person,	1428
the court, in addition to any penalty the court imposes upon the	1429
offender pursuant to division (E)(1) of this section and	1430
notwithstanding section 2929.28 of the Revised Code, shall impose	1431
a fine of not more than five hundred dollars. The court also shall	1432
impose a class eight license suspension of the offender's driver's	1433
license, commercial driver's license, temporary instruction	1434
permit, probationary license, or nonresident operating privilege	1435
from the range specified in division (A)(8) of section 4510.02 of	1436
the Revised Code. The court also shall assess at least two, and	1437
may assess three or four, points against the offender's driver's	1438
license, commercial driver's license, temporary instruction	1439
permit, probationary license, or nonresident operating privilege.	1440
The court shall notify the registrar of motor vehicles of the	1441
number of points assessed in accordance with sections 4510.03 to	1442
4510.036 of the Revised Code.	1443

The court shall forward the first twenty-five dollars of any	1444
fine collected under division (E)(2) of this section to the	1445
treasurer of state for deposit into the highway safety education	1446
fund created by section 4501.14 of the Revised Code.	1447

(3) If the offender's violation of division (A) or (D) of	1448
this section resulted in the death of another person, the court,	1449
in addition to any penalty the court imposes upon the offender	1450
pursuant to division (E)(1) of this section and notwithstanding	1451
section 2929.28 of the Revised Code, shall impose a fine of not	1452
more than one thousand dollars. The court also shall impose a	1453
class seven license suspension of the offender's driver's license,	1454
commercial driver's license, temporary instruction permit,	1455
probationary license, or nonresident operating privilege from the	1456
range specified in division (A)(7) of section 4510.02 of the	1457
Revised Code. The court also shall assess at least two, and may	1458
assess three, four, five, or six, points against the offender's	1459
driver's license, commercial driver's license, temporary	1460
instruction permit, probationary license, or nonresident operating	1461
privilege. The court shall notify the registrar of the number of	1462
points assessed in accordance with sections 4510.03 to 4510.036 of	1463
the Revised Code.	1464

The court shall forward the first fifty dollars of any fine	1465
collected under division (E)(3) of this section to the treasurer	1466
of state for deposit into the highway safety education fund	1467
created by section 4501.14 of the Revised Code.	1468

Sec. 4511.47.  (A) As used in this section "blind person" or	1469
"blind pedestrian" means a person having not more than 20/200	1470
visual acuity in the better eye with correcting lenses or visual	1471
acuity greater than 20/200 but with a limitation in the fields of	1472
vision such that the widest diameter of the visual field subtends	1473
an angle no greater than twenty degrees.	1474

The driver of every vehicle shall yield the right of way to	1475
every blind pedestrian guided by a guide dog, or carrying a cane	1476
which is predominantly white or metallic in color, with or without	1477
a red tip.	1478

(B) No person, other than a blind person, while on any public	1479
highway, street, alley, or other public thoroughfare shall carry a	1480
white or metallic cane with or without a red tip.	1481

(C)(1) Except as otherwise provided in this division (C)(1)	1482
of this section, whoever violates this section is guilty of a	1483
minor misdemeanor. If, within one year of the offense, the	1484
offender previously has been convicted of or pleaded guilty to one	1485
predicate motor vehicle or traffic offense, whoever violates this	1486
section is guilty of a misdemeanor of the fourth degree. If,	1487
within one year of the offense, the offender previously has been	1488
convicted of two or more predicate motor vehicle or traffic	1489
offenses, whoever violates this section is guilty of a misdemeanor	1490
of the third degree.	1491

(2) If the offender's violation of division (A) of this	1492
section resulted in serious physical harm to another person, the	1493
court, in addition to any penalty the court imposes upon the	1494
offender pursuant to division (C)(1) of this section and	1495
notwithstanding section 2929.28 of the Revised Code, shall impose	1496
a fine of not more than five hundred dollars. The court also shall	1497
impose a class eight license suspension of the offender's driver's	1498
license, commercial driver's license, temporary instruction	1499
permit, probationary license, or nonresident operating privilege	1500
from the range specified in division (A)(8) of section 4510.02 of	1501
the Revised Code. The court also shall assess at least two, and	1502
may assess three or four, points against the offender's driver's	1503
license, commercial driver's license, temporary instruction	1504
permit, probationary license, or nonresident operating privilege.	1505
The court shall notify the registrar of motor vehicles of the	1506
number of points assessed in accordance with sections 4510.03 to	1507
4510.036 of the Revised Code.	1508

The court shall forward the first twenty-five dollars of any	1509
fine collected under division (C)(2) of this section to the	1510
treasurer of state for deposit into the highway safety education	1511
fund created by section 4501.14 of the Revised Code.	1512

(3) If the offender's violation of division (A) of this	1513
section resulted in the death of another person, the court, in	1514
addition to any penalty the court imposes upon the offender	1515
pursuant to division (C)(1) of this section and notwithstanding	1516
section 2929.28 of the Revised Code, shall impose a fine of not	1517
more than one thousand dollars. The court also shall impose a	1518
class seven license suspension of the offender's driver's license,	1519
commercial driver's license, temporary instruction permit,	1520
probationary license, or nonresident operating privilege from the	1521
range specified in division (A)(7) of section 4510.02 of the	1522
Revised Code. The court also shall assess at least two, and may	1523
assess three, four, five, or six, points against the offender's	1524
driver's license, commercial driver's license, temporary	1525
instruction permit, probationary license, or nonresident operating	1526
privilege. The court shall notify the registrar of the number of	1527
points assessed in accordance with sections 4510.03 to 4510.036 of	1528
the Revised Code.	1529

The court shall forward the first fifty dollars of any fine	1530
collected under division (C)(3) of this section to the treasurer	1531
of state for deposit into the highway safety education fund	1532
created by section 4501.14 of the Revised Code.	1533

Sec. 4513.39.  (A) The state highway patrol and sheriffs or	1534
their deputies shall exercise, to the exclusion of all other peace	1535
officers except within municipal corporations and except as	1536
specified in division (B) of this section and division (E) of	1537
section 2935.03 of the Revised Code, the power to make arrests for	1538
violations on all state highways, of sections 4503.11, 4503.21,	1539
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40,	1540
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03	1541
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01,	1542
4549.08 to 4549.12, and 4549.62 of the Revised Code.	1543

(B) A member of the police force of a township police	1544
district created under section 505.48 of the Revised Code, and a	1545
township constable appointed pursuant to section 509.01 of the	1546
Revised Code, who has received a certificate from the Ohio peace	1547
officer training commission under section 109.75 of the Revised	1548
Code, shall exercise the power to make arrests for violations of	1549
those sections listed in division (A) of this section, other than	1550
sections 4513.33 and 4513.34 of the Revised Code, as follows:	1551

(1) If the population of the township that created the	1552
township police district served by the member's police force or	1553
the township that is served by the township constable is fifty	1554
thousand or less, the member or constable shall exercise that	1555
power on those portions of all state highways, except those	1556
highways included as part of the interstate system, as defined in	1557
section 5516.01 of the Revised Code, that are located within the	1558
township police district, in the case of a member of a township	1559
police district police force, or within the unincorporated	1560
territory of the township, in the case of a township constable;	1561

(2) If the population of the township that created the	1562
township police district served by the member's police force or	1563
the township that is served by the township constable is greater	1564
than fifty thousand, the member or constable shall exercise that	1565
power on those portions of all state highways and highways	1566
included as part of the interstate highway system, as defined in	1567
section 5516.01 of the Revised Code, that are located within the	1568
township police district, in the case of a member of a township	1569
police district police force, or within the unincorporated	1570
territory of the township, in the case of a township constable.	1571

(C)(1) When investigating a motor vehicle accident that	1572
involves an offender's motor vehicle and another motor vehicle, a	1573
bicycle, or a pedestrian in which an injured person who is not	1574
the offender is transported to a medical facility for emergency	1575
medical treatment, if the state highway patrol trooper, sheriff,	1576
sheriff's deputy, or other peace officer investigating the	1577
accident has reason to believe that serious physical harm to, or	1578
the death of, that person has occurred as a result of a violation	1579
of any of the provisions of sections 4511.01 to 4511.76 of the	1580
Revised Code, the state highway patrol trooper, sheriff, sheriff's	1581
deputy, or other peace officer may issue to the offender a ticket,	1582
citation, or summons of the type described in division (C)(3) of	1583
this section for the violation that charges that the offender	1584
committed the violation and that the violation resulted in serious	1585
physical harm to, or the death of, another person, whichever is	1586
applicable.	1587

(2) If an injured person is transported to a medical facility	1588
as described in division (C)(1) of this section and the medical	1589
facility informs the investigating trooper, sheriff, sheriff's	1590
deputy, or other peace officer that the offender caused serious	1591
physical harm to, or the death of, the injured person, if the	1592
offender has not been issued a ticket, citation, or summons for	1593
the violation under division (C)(1) of this section, and if the	1594
offender is not subject to indictment for any other violation	1595
arising from the motor vehicle accident, the investigating	1596
trooper, sheriff, sheriff's deputy, or other peace officer may	1597
issue to the offender a ticket, citation, or summons of the type	1598
described in division (C)(3) of this section for the violation of	1599
a provision of sections 4511.01 to 4511.76 of the Revised Code	1600
that charges that the offender committed the violation and that	1601
the violation resulted in serious physical harm to, or the death	1602
of, another person, whichever is applicable.	1603

(3) A ticket, citation, or summons issued as described in	1604
division (C)(1) or (2) of this section shall indicate that the	1605
offender is not permitted to enter a written plea of guilty and	1606
waive the offender's right to contest the ticket, citation, or	1607
summons in a trial but instead must appear in person in the proper	1608
court to answer the charge.	1609

Section 2. That existing sections 4510.02, 4510.036, 4511.21,	1610
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,	1611
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 of the Revised	1612
Code are hereby repealed.	1613