Bill Text: OH HB406 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To create the motorcycle road guard certificate and training program to allow certified individuals to function as traffic controllers.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2014-01-21 - To Transportation, Public Safety and Homeland Security [HB406 Detail]
Download: Ohio-2013-HB406-Introduced.html
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Representatives Green, Landis
Cosponsors:
Representatives Grossman, Letson, Blessing, Mallory
| To enact sections 4511.454, 4511.455, and 4511.456 of | 1 |
| the Revised Code to create the motorcycle road | 2 |
| guard certificate and training program to allow | 3 |
| certified individuals to function as traffic | 4 |
| controllers. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4511.454, 4511.455, and 4511.456 of | 6 |
| the Revised Code be enacted to read as follows: | 7 |
| Sec. 4511.454. (A) There is hereby created in the department | 8 |
| of public safety the motorcycle road guard certification program. | 9 |
| The director of public safety shall administer the program and | 10 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 11 |
| Code. The rules shall address or establish all of the following: | 12 |
| (1) An application form to be used by applicants for a | 13 |
| motorcycle road guard certification; | 14 |
| (2) An application fee, which shall not exceed an amount | 15 |
| necessary for the department of public safety to administer the | 16 |
| motorcycle road guard certification program; | 17 |
| (3) A motorcycle road guard certification course that | 18 |
| provides the training required to serve as a motorcycle road | 19 |
| guard; | 20 |
| (4) The qualifications and requirements for receiving a | 21 |
| motorcycle road guard certificate, including a minimum eligibility | 22 |
| age of eighteen, possession of a driver's license with a | 23 |
| motorcycle endorsement or a motorcycle operator's license, and | 24 |
| successful completion of the motorcycle road guard certification | 25 |
| course; | 26 |
| (5) Safety and equipment standards and procedures for any | 27 |
| person who operates under a motorcycle road guard certificate; | 28 |
| (6) Any other requirements and procedures necessary to | 29 |
| implement the motorcycle road guard certification program. | 30 |
| (B) All fees received under division (A)(2) of this section | 31 |
| shall be deposited into the state treasury to the credit of the | 32 |
| state highway safety fund created by section 4501.06 of the | 33 |
| Revised Code. The department shall use all such fees only to pay | 34 |
| the expenses of administering the motorcycle road guard | 35 |
| certification program. | 36 |
| Sec. 4511.455. (A) Notwithstanding the contrary indication | 37 |
| of any traffic control device, a person who holds a motorcycle | 38 |
| road guard certificate issued pursuant to rules adopted under | 39 |
| section 4511.454 of the Revised Code may stop and hold vehicles in | 40 |
| place until it is safe for the vehicles to proceed if all of the | 41 |
| following apply: | 42 |
| (1) The person is escorting a motorcycle group ride; | 43 |
| (2) The person complies with the safety and equipment | 44 |
| standards established by the director of public safety under | 45 |
| section 4511.454 of the Revised Code; | 46 |
| (3) Notice has been provided to the mayor of any municipal | 47 |
| corporation or the legislative authority of any township through | 48 |
| which the motorcycle group ride will proceed; | 49 |
| (4) Consent has been obtained from the sheriff of any county | 50 |
| or the chief of police of any municipal corporation, township, or | 51 |
| township or joint police district through which the motorcycle | 52 |
| group ride will proceed. | 53 |
| (B) No person shall perform traffic control functions as a | 54 |
| motorcycle road guard unless the person holds a valid motorcycle | 55 |
| road guard certificate issued under section 4511.454 of the | 56 |
| Revised Code and meets the requirements established under division | 57 |
| (A) of this section. | 58 |
| (C) No person operating a vehicle that has been stopped by a | 59 |
| motorcycle road guard under this section shall proceed unless on | 60 |
| instruction by the motorcycle road guard or a police officer. | 61 |
| (D) Whoever violates this section is guilty of a minor | 62 |
| misdemeanor. If, within one year of the offense, the offender | 63 |
| previously has been convicted of or pleaded guilty to one | 64 |
| predicate motor vehicle or traffic offense, whoever violates this | 65 |
| section is guilty of a misdemeanor of the fourth degree. If, | 66 |
| within one year of the offense, the offender previously has been | 67 |
| convicted of two or more predicate motor vehicle or traffic | 68 |
| offenses, whoever violates this section is guilty of a misdemeanor | 69 |
| of the third degree. | 70 |
| Sec. 4511.456. (A) A person who performs traffic control as a | 71 |
| motorcycle road guard is not liable in damages in a civil action | 72 |
| for injury, death, or loss to person or property that allegedly | 73 |
| arises from the movement of a motorcycle group ride if the person | 74 |
| complies with all applicable rules adopted under section 4511.454 | 75 |
| of the Revised Code and with the requirements of section 4511.455 | 76 |
| of the Revised Code. | 77 |
| (B)(1) This section does not apply if the injury, death, or | 78 |
| loss allegedly arose from any of the following: | 79 |
| (a) The willful, wanton, or intentional acts or omissions of | 80 |
| the person who performs traffic control as a motorcycle road | 81 |
| guard; | 82 |
| (b) The negligent or reckless acts or omissions of the person | 83 |
| who performs traffic control as a motorcycle road guard. | 84 |
| (2) This section does not create a new cause of action or | 85 |
| substantive legal right against a person who performs traffic | 86 |
| control as a motorcycle road guard. | 87 |
| (3) This section does not affect any immunities from civil | 88 |
| liability or defenses established by another section of the | 89 |
| Revised Code or any immunities from civil liability or defenses | 90 |
| available at common law to which a person may be entitled. | 91 |
