Bill Text: OH HB619 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To require motor vehicle operators to take certain actions upon approaching a stationary waste collection vehicle collecting refuse on a roadside.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2014-09-10 - To Transportation, Public Safety and Homeland Security [HB619 Detail]
Download: Ohio-2013-HB619-Introduced.html
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Representatives Cera, Rogers
Cosponsors:
Representatives Fedor, Celebrezze, Foley, Stinziano, Antonio, Barborak, Winburn, Phillips, Sheehy
To amend sections 4511.01, 4511.213, and 4513.17 of | 1 |
the Revised Code to require motor vehicle | 2 |
operators to take certain actions upon approaching | 3 |
a stationary waste collection vehicle collecting | 4 |
refuse on a roadside. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.01, 4511.213, and 4513.17 of | 6 |
the Revised Code be amended to read as follows: | 7 |
Sec. 4511.01. As used in this chapter and in Chapter 4513. | 8 |
of the Revised Code: | 9 |
(A) "Vehicle" means every device, including a motorized | 10 |
bicycle, in, upon, or by which any person or property may be | 11 |
transported or drawn upon a highway, except that "vehicle" does | 12 |
not include any motorized wheelchair, any electric personal | 13 |
assistive mobility device, any device that is moved by power | 14 |
collected from overhead electric trolley wires or that is used | 15 |
exclusively upon stationary rails or tracks, or any device, other | 16 |
than a bicycle, that is moved by human power. | 17 |
(B) "Motor vehicle" means every vehicle propelled or drawn by | 18 |
power other than muscular power or power collected from overhead | 19 |
electric trolley wires, except motorized bicycles, road rollers, | 20 |
traction engines, power shovels, power cranes, and other equipment | 21 |
used in construction work and not designed for or employed in | 22 |
general highway transportation, hole-digging machinery, | 23 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 24 |
and trailers designed and used exclusively to transport a boat | 25 |
between a place of storage and a marina, or in and around a | 26 |
marina, when drawn or towed on a street or highway for a distance | 27 |
of no more than ten miles and at a speed of twenty-five miles per | 28 |
hour or less. | 29 |
(C)(1) Until January 1, 2017, "motorcycle" means every motor | 30 |
vehicle, other than a tractor, having a seat or saddle for the use | 31 |
of the operator and designed to travel on not more than three | 32 |
wheels in contact with the ground, including, but not limited to, | 33 |
motor vehicles known as "motor-driven cycle," "motor scooter," or | 34 |
"motorcycle" without regard to weight or brake horsepower. | 35 |
(2) Effective January 1, 2017, "motorcycle" means every motor | 36 |
vehicle, other than a tractor, having a seat or saddle for the use | 37 |
of the operator and designed to travel on not more than three | 38 |
wheels in contact with the ground, including, but not limited to, | 39 |
motor vehicles known as "motor-driven cycle," "motor scooter," | 40 |
"cab-enclosed motorcycle," or "motorcycle" without regard to | 41 |
weight or brake horsepower. | 42 |
(D) "Emergency vehicle" means emergency vehicles of | 43 |
municipal, township, or county departments or public utility | 44 |
corporations when identified as such as required by law, the | 45 |
director of public safety, or local authorities, and motor | 46 |
vehicles when commandeered by a police officer. | 47 |
(E) "Public safety vehicle" means any of the following: | 48 |
(1) Ambulances, including private ambulance companies under | 49 |
contract to a municipal corporation, township, or county, and | 50 |
private ambulances and nontransport vehicles bearing license | 51 |
plates issued under section 4503.49 of the Revised Code; | 52 |
(2) Motor vehicles used by public law enforcement officers or | 53 |
other persons sworn to enforce the criminal and traffic laws of | 54 |
the state; | 55 |
(3) Any motor vehicle when properly identified as required by | 56 |
the director of public safety, when used in response to fire | 57 |
emergency calls or to provide emergency medical service to ill or | 58 |
injured persons, and when operated by a duly qualified person who | 59 |
is a member of a volunteer rescue service or a volunteer fire | 60 |
department, and who is on duty pursuant to the rules or directives | 61 |
of that service. The state fire marshal shall be designated by the | 62 |
director of public safety as the certifying agency for all public | 63 |
safety vehicles described in division (E)(3) of this section. | 64 |
(4) Vehicles used by fire departments, including motor | 65 |
vehicles when used by volunteer fire fighters responding to | 66 |
emergency calls in the fire department service when identified as | 67 |
required by the director of public safety. | 68 |
Any vehicle used to transport or provide emergency medical | 69 |
service to an ill or injured person, when certified as a public | 70 |
safety vehicle, shall be considered a public safety vehicle when | 71 |
transporting an ill or injured person to a hospital regardless of | 72 |
whether such vehicle has already passed a hospital. | 73 |
(5) Vehicles used by the motor carrier enforcement unit for | 74 |
the enforcement of orders and rules of the public utilities | 75 |
commission as specified in section 5503.34 of the Revised Code. | 76 |
(F) "School bus" means every bus designed for carrying more | 77 |
than nine passengers that is owned by a public, private, or | 78 |
governmental agency or institution of learning and operated for | 79 |
the transportation of children to or from a school session or a | 80 |
school function, or owned by a private person and operated for | 81 |
compensation for the transportation of children to or from a | 82 |
school session or a school function, provided "school bus" does | 83 |
not include a bus operated by a municipally owned transportation | 84 |
system, a mass transit company operating exclusively within the | 85 |
territorial limits of a municipal corporation, or within such | 86 |
limits and the territorial limits of municipal corporations | 87 |
immediately contiguous to such municipal corporation, nor a common | 88 |
passenger carrier certified by the public utilities commission | 89 |
unless such bus is devoted exclusively to the transportation of | 90 |
children to and from a school session or a school function, and | 91 |
"school bus" does not include a van or bus used by a licensed | 92 |
child day-care center or type A family day-care home to transport | 93 |
children from the child day-care center or type A family day-care | 94 |
home to a school if the van or bus does not have more than fifteen | 95 |
children in the van or bus at any time. | 96 |
(G) "Bicycle" means every device, other than a device that is | 97 |
designed solely for use as a play vehicle by a child, that is | 98 |
propelled solely by human power upon which a person may ride, and | 99 |
that has two or more wheels, any of which is more than fourteen | 100 |
inches in diameter. | 101 |
(H)(1) Until January 1, 2017, "motorized bicycle" means any | 102 |
vehicle having either two tandem wheels or one wheel in the front | 103 |
and two wheels in the rear, that is capable of being pedaled and | 104 |
is equipped with a helper motor of not more than fifty cubic | 105 |
centimeters piston displacement that produces no more than one | 106 |
brake horsepower and is capable of propelling the vehicle at a | 107 |
speed of no greater than twenty miles per hour on a level surface. | 108 |
(2) Effective January 1, 2017, "motorized bicycle" or "moped" | 109 |
means any vehicle having either two tandem wheels or one wheel in | 110 |
the front and two wheels in the rear, that may be pedaled, and | 111 |
that is equipped with a helper motor of not more than fifty cubic | 112 |
centimeters piston displacement that produces not more than one | 113 |
brake horsepower and is capable of propelling the vehicle at a | 114 |
speed of not greater than twenty miles per hour on a level | 115 |
surface. | 116 |
(I) "Commercial tractor" means every motor vehicle having | 117 |
motive power designed or used for drawing other vehicles and not | 118 |
so constructed as to carry any load thereon, or designed or used | 119 |
for drawing other vehicles while carrying a portion of such other | 120 |
vehicles, or load thereon, or both. | 121 |
(J) "Agricultural tractor" means every self-propelling | 122 |
vehicle designed or used for drawing other vehicles or wheeled | 123 |
machinery but having no provision for carrying loads independently | 124 |
of such other vehicles, and used principally for agricultural | 125 |
purposes. | 126 |
(K) "Truck" means every motor vehicle, except trailers and | 127 |
semitrailers, designed and used to carry property. | 128 |
(L) "Bus" means every motor vehicle designed for carrying | 129 |
more than nine passengers and used for the transportation of | 130 |
persons other than in a ridesharing arrangement, and every motor | 131 |
vehicle, automobile for hire, or funeral car, other than a taxicab | 132 |
or motor vehicle used in a ridesharing arrangement, designed and | 133 |
used for the transportation of persons for compensation. | 134 |
(M) "Trailer" means every vehicle designed or used for | 135 |
carrying persons or property wholly on its own structure and for | 136 |
being drawn by a motor vehicle, including any such vehicle when | 137 |
formed by or operated as a combination of a "semitrailer" and a | 138 |
vehicle of the dolly type, such as that commonly known as a | 139 |
"trailer dolly," a vehicle used to transport agricultural produce | 140 |
or agricultural production materials between a local place of | 141 |
storage or supply and the farm when drawn or towed on a street or | 142 |
highway at a speed greater than twenty-five miles per hour, and a | 143 |
vehicle designed and used exclusively to transport a boat between | 144 |
a place of storage and a marina, or in and around a marina, when | 145 |
drawn or towed on a street or highway for a distance of more than | 146 |
ten miles or at a speed of more than twenty-five miles per hour. | 147 |
(N) "Semitrailer" means every vehicle designed or used for | 148 |
carrying persons or property with another and separate motor | 149 |
vehicle so that in operation a part of its own weight or that of | 150 |
its load, or both, rests upon and is carried by another vehicle. | 151 |
(O) "Pole trailer" means every trailer or semitrailer | 152 |
attached to the towing vehicle by means of a reach, pole, or by | 153 |
being boomed or otherwise secured to the towing vehicle, and | 154 |
ordinarily used for transporting long or irregular shaped loads | 155 |
such as poles, pipes, or structural members capable, generally, of | 156 |
sustaining themselves as beams between the supporting connections. | 157 |
(P) "Railroad" means a carrier of persons or property | 158 |
operating upon rails placed principally on a private right-of-way. | 159 |
(Q) "Railroad train" means a steam engine or an electric or | 160 |
other motor, with or without cars coupled thereto, operated by a | 161 |
railroad. | 162 |
(R) "Streetcar" means a car, other than a railroad train, for | 163 |
transporting persons or property, operated upon rails principally | 164 |
within a street or highway. | 165 |
(S) "Trackless trolley" means every car that collects its | 166 |
power from overhead electric trolley wires and that is not | 167 |
operated upon rails or tracks. | 168 |
(T) "Explosives" means any chemical compound or mechanical | 169 |
mixture that is intended for the purpose of producing an explosion | 170 |
that contains any oxidizing and combustible units or other | 171 |
ingredients in such proportions, quantities, or packing that an | 172 |
ignition by fire, by friction, by concussion, by percussion, or by | 173 |
a detonator of any part of the compound or mixture may cause such | 174 |
a sudden generation of highly heated gases that the resultant | 175 |
gaseous pressures are capable of producing destructive effects on | 176 |
contiguous objects, or of destroying life or limb. Manufactured | 177 |
articles shall not be held to be explosives when the individual | 178 |
units contain explosives in such limited quantities, of such | 179 |
nature, or in such packing, that it is impossible to procure a | 180 |
simultaneous or a destructive explosion of such units, to the | 181 |
injury of life, limb, or property by fire, by friction, by | 182 |
concussion, by percussion, or by a detonator, such as fixed | 183 |
ammunition for small arms, firecrackers, or safety fuse matches. | 184 |
(U) "Flammable liquid" means any liquid that has a flash | 185 |
point of seventy degrees fahrenheit, or less, as determined by a | 186 |
tagliabue or equivalent closed cup test device. | 187 |
(V) "Gross weight" means the weight of a vehicle plus the | 188 |
weight of any load thereon. | 189 |
(W) "Person" means every natural person, firm, | 190 |
co-partnership, association, or corporation. | 191 |
(X) "Pedestrian" means any natural person afoot. | 192 |
(Y) "Driver or operator" means every person who drives or is | 193 |
in actual physical control of a vehicle, trackless trolley, or | 194 |
streetcar. | 195 |
(Z) "Police officer" means every officer authorized to direct | 196 |
or regulate traffic, or to make arrests for violations of traffic | 197 |
regulations. | 198 |
(AA) "Local authorities" means every county, municipal, and | 199 |
other local board or body having authority to adopt police | 200 |
regulations under the constitution and laws of this state. | 201 |
(BB) "Street" or "highway" means the entire width between the | 202 |
boundary lines of every way open to the use of the public as a | 203 |
thoroughfare for purposes of vehicular travel. | 204 |
(CC) "Controlled-access highway" means every street or | 205 |
highway in respect to which owners or occupants of abutting lands | 206 |
and other persons have no legal right of access to or from the | 207 |
same except at such points only and in such manner as may be | 208 |
determined by the public authority having jurisdiction over such | 209 |
street or highway. | 210 |
(DD) "Private road or driveway" means every way or place in | 211 |
private ownership used for vehicular travel by the owner and those | 212 |
having express or implied permission from the owner but not by | 213 |
other persons. | 214 |
(EE) "Roadway" means that portion of a highway improved, | 215 |
designed, or ordinarily used for vehicular travel, except the berm | 216 |
or shoulder. If a highway includes two or more separate roadways | 217 |
the term "roadway" means any such roadway separately but not all | 218 |
such roadways collectively. | 219 |
(FF) "Sidewalk" means that portion of a street between the | 220 |
curb lines, or the lateral lines of a roadway, and the adjacent | 221 |
property lines, intended for the use of pedestrians. | 222 |
(GG) "Laned highway" means a highway the roadway of which is | 223 |
divided into two or more clearly marked lanes for vehicular | 224 |
traffic. | 225 |
(HH) "Through highway" means every street or highway as | 226 |
provided in section 4511.65 of the Revised Code. | 227 |
(II) "State highway" means a highway under the jurisdiction | 228 |
of the department of transportation, outside the limits of | 229 |
municipal corporations, provided that the authority conferred upon | 230 |
the director of transportation in section 5511.01 of the Revised | 231 |
Code to erect state highway route markers and signs directing | 232 |
traffic shall not be modified by sections 4511.01 to 4511.79 and | 233 |
4511.99 of the Revised Code. | 234 |
(JJ) "State route" means every highway that is designated | 235 |
with an official state route number and so marked. | 236 |
(KK) "Intersection" means: | 237 |
(1) The area embraced within the prolongation or connection | 238 |
of the lateral curb lines, or, if none, the lateral boundary lines | 239 |
of the roadways of two highways that join one another at, or | 240 |
approximately at, right angles, or the area within which vehicles | 241 |
traveling upon different highways that join at any other angle | 242 |
might come into conflict. The junction of an alley or driveway | 243 |
with a roadway or highway does not constitute an intersection | 244 |
unless the roadway or highway at the junction is controlled by a | 245 |
traffic control device. | 246 |
(2) If a highway includes two roadways that are thirty feet | 247 |
or more apart, then every crossing of each roadway of such divided | 248 |
highway by an intersecting highway constitutes a separate | 249 |
intersection. If both intersecting highways include two roadways | 250 |
thirty feet or more apart, then every crossing of any two roadways | 251 |
of such highways constitutes a separate intersection. | 252 |
(3) At a location controlled by a traffic control signal, | 253 |
regardless of the distance between the separate intersections as | 254 |
described in division (KK)(2) of this section: | 255 |
(a) If a stop line, yield line, or crosswalk has not been | 256 |
designated on the roadway within the median between the separate | 257 |
intersections, the two intersections and the roadway and median | 258 |
constitute one intersection. | 259 |
(b) Where a stop line, yield line, or crosswalk line is | 260 |
designated on the roadway on the intersection approach, the area | 261 |
within the crosswalk and any area beyond the designated stop line | 262 |
or yield line constitute part of the intersection. | 263 |
(c) Where a crosswalk is designated on a roadway on the | 264 |
departure from the intersection, the intersection includes the | 265 |
area that extends to the far side of the crosswalk. | 266 |
(LL) "Crosswalk" means: | 267 |
(1) That part of a roadway at intersections ordinarily | 268 |
included within the real or projected prolongation of property | 269 |
lines and curb lines or, in the absence of curbs, the edges of the | 270 |
traversable roadway; | 271 |
(2) Any portion of a roadway at an intersection or elsewhere, | 272 |
distinctly indicated for pedestrian crossing by lines or other | 273 |
markings on the surface; | 274 |
(3) Notwithstanding divisions (LL)(1) and (2) of this | 275 |
section, there shall not be a crosswalk where local authorities | 276 |
have placed signs indicating no crossing. | 277 |
(MM) "Safety zone" means the area or space officially set | 278 |
apart within a roadway for the exclusive use of pedestrians and | 279 |
protected or marked or indicated by adequate signs as to be | 280 |
plainly visible at all times. | 281 |
(NN) "Business district" means the territory fronting upon a | 282 |
street or highway, including the street or highway, between | 283 |
successive intersections within municipal corporations where fifty | 284 |
per cent or more of the frontage between such successive | 285 |
intersections is occupied by buildings in use for business, or | 286 |
within or outside municipal corporations where fifty per cent or | 287 |
more of the frontage for a distance of three hundred feet or more | 288 |
is occupied by buildings in use for business, and the character of | 289 |
such territory is indicated by official traffic control devices. | 290 |
(OO) "Residence district" means the territory, not comprising | 291 |
a business district, fronting on a street or highway, including | 292 |
the street or highway, where, for a distance of three hundred feet | 293 |
or more, the frontage is improved with residences or residences | 294 |
and buildings in use for business. | 295 |
(PP) "Urban district" means the territory contiguous to and | 296 |
including any street or highway which is built up with structures | 297 |
devoted to business, industry, or dwelling houses situated at | 298 |
intervals of less than one hundred feet for a distance of a | 299 |
quarter of a mile or more, and the character of such territory is | 300 |
indicated by official traffic control devices. | 301 |
(QQ) "Traffic control device" means a flagger, sign, signal, | 302 |
marking, or other device used to regulate, warn, or guide traffic, | 303 |
placed on, over, or adjacent to a street, highway, private road | 304 |
open to public travel, pedestrian facility, or shared-use path by | 305 |
authority of a public agency or official having jurisdiction, or, | 306 |
in the case of a private road open to public travel, by authority | 307 |
of the private owner or private official having jurisdiction. | 308 |
(RR) "Traffic control signal" means any highway traffic | 309 |
signal by which traffic is alternately directed to stop and | 310 |
permitted to proceed. | 311 |
(SS) "Railroad sign or signal" means any sign, signal, or | 312 |
device erected by authority of a public body or official or by a | 313 |
railroad and intended to give notice of the presence of railroad | 314 |
tracks or the approach of a railroad train. | 315 |
(TT) "Traffic" means pedestrians, ridden or herded animals, | 316 |
vehicles, streetcars, trackless trolleys, and other devices, | 317 |
either singly or together, while using for purposes of travel any | 318 |
highway or private road open to public travel. | 319 |
(UU) "Right-of-way" means either of the following, as the | 320 |
context requires: | 321 |
(1) The right of a vehicle, streetcar, trackless trolley, or | 322 |
pedestrian to proceed uninterruptedly in a lawful manner in the | 323 |
direction in which it or the individual is moving in preference to | 324 |
another vehicle, streetcar, trackless trolley, or pedestrian | 325 |
approaching from a different direction into its or the | 326 |
individual's path; | 327 |
(2) A general term denoting land, property, or the interest | 328 |
therein, usually in the configuration of a strip, acquired for or | 329 |
devoted to transportation purposes. When used in this context, | 330 |
right-of-way includes the roadway, shoulders or berm, ditch, and | 331 |
slopes extending to the right-of-way limits under the control of | 332 |
the state or local authority. | 333 |
(VV) "Rural mail delivery vehicle" means every vehicle used | 334 |
to deliver United States mail on a rural mail delivery route. | 335 |
(WW) "Funeral escort vehicle" means any motor vehicle, | 336 |
including a funeral hearse, while used to facilitate the movement | 337 |
of a funeral procession. | 338 |
(XX) "Alley" means a street or highway intended to provide | 339 |
access to the rear or side of lots or buildings in urban districts | 340 |
and not intended for the purpose of through vehicular traffic, and | 341 |
includes any street or highway that has been declared an "alley" | 342 |
by the legislative authority of the municipal corporation in which | 343 |
such street or highway is located. | 344 |
(YY) "Freeway" means a divided multi-lane highway for through | 345 |
traffic with all crossroads separated in grade and with full | 346 |
control of access. | 347 |
(ZZ) "Expressway" means a divided arterial highway for | 348 |
through traffic with full or partial control of access with an | 349 |
excess of fifty per cent of all crossroads separated in grade. | 350 |
(AAA) "Thruway" means a through highway whose entire roadway | 351 |
is reserved for through traffic and on which roadway parking is | 352 |
prohibited. | 353 |
(BBB) "Stop intersection" means any intersection at one or | 354 |
more entrances of which stop signs are erected. | 355 |
(CCC) "Arterial street" means any United States or state | 356 |
numbered route, controlled access highway, or other major radial | 357 |
or circumferential street or highway designated by local | 358 |
authorities within their respective jurisdictions as part of a | 359 |
major arterial system of streets or highways. | 360 |
(DDD) "Ridesharing arrangement" means the transportation of | 361 |
persons in a motor vehicle where such transportation is incidental | 362 |
to another purpose of a volunteer driver and includes ridesharing | 363 |
arrangements known as carpools, vanpools, and buspools. | 364 |
(EEE) "Motorized wheelchair" means any self-propelled vehicle | 365 |
designed for, and used by, a handicapped person and that is | 366 |
incapable of a speed in excess of eight miles per hour. | 367 |
(FFF) "Child day-care center" and "type A family day-care | 368 |
home" have the same meanings as in section 5104.01 of the Revised | 369 |
Code. | 370 |
(GGG) "Multi-wheel agricultural tractor" means a type of | 371 |
agricultural tractor that has two or more wheels or tires on each | 372 |
side of one axle at the rear of the tractor, is designed or used | 373 |
for drawing other vehicles or wheeled machinery, has no provision | 374 |
for carrying loads independently of the drawn vehicles or | 375 |
machinery, and is used principally for agricultural purposes. | 376 |
(HHH) "Operate" means to cause or have caused movement of a | 377 |
vehicle, streetcar, or trackless trolley. | 378 |
(III) "Predicate motor vehicle or traffic offense" means any | 379 |
of the following: | 380 |
(1) A violation of section 4511.03, 4511.051, 4511.12, | 381 |
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, | 382 |
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, | 383 |
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, | 384 |
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, | 385 |
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, | 386 |
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, | 387 |
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, | 388 |
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, | 389 |
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, | 390 |
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code; | 391 |
(2) A violation of division (A)(2) of section 4511.17, | 392 |
divisions (A) to (D) of section 4511.51, or division (A) of | 393 |
section 4511.74 of the Revised Code; | 394 |
(3) A violation of any provision of sections 4511.01 to | 395 |
4511.76 of the Revised Code for which no penalty otherwise is | 396 |
provided in the section that contains the provision violated; | 397 |
(4) Until January 1, 2017, a violation of a municipal | 398 |
ordinance that is substantially similar to any section or | 399 |
provision set forth or described in division (III)(1), (2), or (3) | 400 |
of this section; | 401 |
(5) Effective January 1, 2017, a violation of section | 402 |
4511.214 of the Revised Code; | 403 |
(6) Effective January 1, 2017, a violation of a municipal | 404 |
ordinance that is substantially similar to any section or | 405 |
provision set forth or described in division (III) (1), (2), (3), | 406 |
or (5) of this section. | 407 |
(JJJ) "Road service vehicle" means wreckers, utility repair | 408 |
vehicles, and state, county, and municipal service vehicles | 409 |
equipped with visual signals by means of flashing, rotating, or | 410 |
oscillating lights. | 411 |
(KKK) "Beacon" means a highway traffic signal with one or | 412 |
more signal sections that operate in a flashing mode. | 413 |
(LLL) "Hybrid beacon" means a type of beacon that is | 414 |
intentionally placed in a dark mode between periods of operation | 415 |
where no indications are displayed and, when in operation, | 416 |
displays both steady and flashing traffic control signal | 417 |
indications. | 418 |
(MMM) "Highway traffic signal" means a power-operated traffic | 419 |
control device by which traffic is warned or directed to take some | 420 |
specific action. "Highway traffic signal" does not include a | 421 |
power-operated sign, steadily illuminated pavement marker, warning | 422 |
light, or steady burning electric lamp. | 423 |
(NNN) "Median" means the area between two roadways of a | 424 |
divided highway, measured from edge of traveled way to edge of | 425 |
traveled way, but excluding turn lanes. The width of a median may | 426 |
be different between intersections, between interchanges, and at | 427 |
opposite approaches of the same intersection. | 428 |
(OOO) "Private road open to public travel" means a private | 429 |
toll road or road, including any adjacent sidewalks that generally | 430 |
run parallel to the road, within a shopping center, airport, | 431 |
sports arena, or other similar business or recreation facility | 432 |
that is privately owned but where the public is allowed to travel | 433 |
without access restrictions. "Private road open to public travel" | 434 |
includes a gated toll road but does not include a road within a | 435 |
private gated property where access is restricted at all times, a | 436 |
parking area, a driving aisle within a parking area, or a private | 437 |
grade crossing. | 438 |
(PPP) "Shared-use path" means a bikeway outside the traveled | 439 |
way and physically separated from motorized vehicular traffic by | 440 |
an open space or barrier and either within the highway | 441 |
right-of-way or within an independent alignment. A shared-use path | 442 |
also may be used by pedestrians, including skaters, joggers, users | 443 |
of manual and motorized wheelchairs, and other authorized | 444 |
motorized and non-motorized users. | 445 |
(QQQ) "Highway maintenance vehicle" means a vehicle used in | 446 |
snow and ice removal or road surface maintenance, including a snow | 447 |
plow, traffic line striper, road sweeper, mowing machine, asphalt | 448 |
distributing vehicle, or other such vehicle designed for use in | 449 |
specific highway maintenance activities. | 450 |
(RRR) "Waste collection vehicle" means a vehicle used in the | 451 |
collection of garbage, refuse, trash, or recyclable materials. | 452 |
Sec. 4511.213. (A) The driver of a motor vehicle, upon | 453 |
approaching a stationary public safety vehicle, emergency vehicle, | 454 |
road service vehicle, waste collection vehicle, vehicle used by | 455 |
the public utilities commission to conduct motor vehicle | 456 |
inspections in accordance with sections 4923.04 and 4923.06 of the | 457 |
Revised Code, or a highway maintenance vehicle that is displaying | 458 |
the appropriate visual signals by means of flashing, oscillating, | 459 |
or rotating lights, as prescribed in section 4513.17 of the | 460 |
Revised Code, shall do either of the following: | 461 |
(1) If the driver of the motor vehicle is traveling on a | 462 |
highway that consists of at least two lanes that carry traffic in | 463 |
the same direction of travel as that of the driver's motor | 464 |
vehicle, the driver shall proceed with due caution and, if | 465 |
possible and with due regard to the road, weather, and traffic | 466 |
conditions, shall change lanes into a lane that is not adjacent to | 467 |
that of the stationary public safety vehicle, emergency vehicle, | 468 |
road service vehicle, waste collection vehicle, vehicle used by | 469 |
the public utilities commission to conduct motor vehicle | 470 |
inspections in accordance with sections 4923.04 and 4923.06 of the | 471 |
Revised Code, or a highway maintenance vehicle. | 472 |
(2) If the driver is not traveling on a highway of a type | 473 |
described in division (A)(1) of this section, or if the driver is | 474 |
traveling on a highway of that type but it is not possible to | 475 |
change lanes or if to do so would be unsafe, the driver shall | 476 |
proceed with due caution, reduce the speed of the motor vehicle, | 477 |
and maintain a safe speed for the road, weather, and traffic | 478 |
conditions. | 479 |
(B) This section does not relieve the driver of a public | 480 |
safety vehicle, emergency vehicle, road service vehicle, waste | 481 |
collection vehicle, vehicle used by the public utilities | 482 |
commission to conduct motor vehicle inspections in accordance with | 483 |
sections 4923.04 and 4923.06 of the Revised Code, or a highway | 484 |
maintenance vehicle from the duty to drive with due regard for the | 485 |
safety of all persons and property upon the highway. | 486 |
(C) No person shall fail to drive a motor vehicle in | 487 |
compliance with division (A)(1) or (2) of this section when so | 488 |
required by division (A) of this section. | 489 |
(D)(1) Except as otherwise provided in this division, whoever | 490 |
violates this section is guilty of a minor misdemeanor. If, within | 491 |
one year of the offense, the offender previously has been | 492 |
convicted of or pleaded guilty to one predicate motor vehicle or | 493 |
traffic offense, whoever violates this section is guilty of a | 494 |
misdemeanor of the fourth degree. If, within one year of the | 495 |
offense, the offender previously has been convicted of two or more | 496 |
predicate motor vehicle or traffic offenses, whoever violates this | 497 |
section is guilty of a misdemeanor of the third degree. | 498 |
(2) Notwithstanding section 2929.28 of the Revised Code, upon | 499 |
a finding that a person operated a motor vehicle in violation of | 500 |
division (C) of this section, the court, in addition to all other | 501 |
penalties provided by law, shall impose a fine of two times the | 502 |
usual amount imposed for the violation. | 503 |
Sec. 4513.17. (A) Whenever a motor vehicle equipped with | 504 |
headlights also is equipped with any auxiliary lights or spotlight | 505 |
or any other light on the front thereof projecting a beam of an | 506 |
intensity greater than three hundred candle power, not more than a | 507 |
total of five of any such lights on the front of a vehicle shall | 508 |
be lighted at any one time when the vehicle is upon a highway. | 509 |
(B) Any lighted light or illuminating device upon a motor | 510 |
vehicle, other than headlights, spotlights, signal lights, or | 511 |
auxiliary driving lights, that projects a beam of light of an | 512 |
intensity greater than three hundred candle power, shall be so | 513 |
directed that no part of the beam will strike the level of the | 514 |
roadway on which the vehicle stands at a distance of more than | 515 |
seventy-five feet from the vehicle. | 516 |
(C)(1) Flashing lights are prohibited on motor vehicles, | 517 |
except as a means for indicating a right or a left turn, or in the | 518 |
presence of a vehicular traffic hazard requiring unusual care in | 519 |
approaching, or overtaking or passing. This prohibition does not | 520 |
apply to emergency vehicles, road service vehicles servicing or | 521 |
towing a disabled vehicle, stationary waste collection vehicles | 522 |
actively collecting garbage, refuse, trash, or recyclable | 523 |
materials on the roadside, rural mail delivery vehicles, vehicles | 524 |
as provided in section 4513.182 of the Revised Code, highway | 525 |
maintenance vehicles, funeral hearses, funeral escort vehicles, | 526 |
and similar equipment operated by the department or local | 527 |
authorities, which shall be equipped with and display, when used | 528 |
on a street or highway for the special purpose necessitating such | 529 |
lights, a flashing, oscillating, or rotating amber light, but | 530 |
shall not display a flashing, oscillating, or rotating light of | 531 |
any other color, nor to vehicles or machinery permitted by section | 532 |
4513.11 of the Revised Code to have a flashing red light. | 533 |
(2) When used on a street or highway, farm machinery and | 534 |
vehicles escorting farm machinery may be equipped with and display | 535 |
a flashing, oscillating, or rotating amber light, and the | 536 |
prohibition contained in division (C)(1) of this section does not | 537 |
apply to such machinery or vehicles. Farm machinery also may | 538 |
display the lights described in section 4513.11 of the Revised | 539 |
Code. | 540 |
(D) Except a person operating a public safety vehicle, as | 541 |
defined in division (E) of section 4511.01 of the Revised Code, or | 542 |
a school bus, no person shall operate, move, or park upon, or | 543 |
permit to stand within the right-of-way of any public street or | 544 |
highway any vehicle or equipment that is equipped with and | 545 |
displaying a flashing red or a flashing combination red and white | 546 |
light, or an oscillating or rotating red light, or a combination | 547 |
red and white oscillating or rotating light; and except a public | 548 |
law enforcement officer, or other person sworn to enforce the | 549 |
criminal and traffic laws of the state, operating a public safety | 550 |
vehicle when on duty, no person shall operate, move, or park upon, | 551 |
or permit to stand within the right-of-way of any street or | 552 |
highway any vehicle or equipment that is equipped with, or upon | 553 |
which is mounted, and displaying a flashing blue or a flashing | 554 |
combination blue and white light, or an oscillating or rotating | 555 |
blue light, or a combination blue and white oscillating or | 556 |
rotating light. | 557 |
(E) This section does not prohibit the use of warning lights | 558 |
required by law or the simultaneous flashing of turn signals on | 559 |
disabled vehicles or on vehicles being operated in unfavorable | 560 |
atmospheric conditions in order to enhance their visibility. This | 561 |
section also does not prohibit the simultaneous flashing of turn | 562 |
signals or warning lights either on farm machinery or vehicles | 563 |
escorting farm machinery, when used on a street or highway. | 564 |
(F) Whoever violates this section is guilty of a minor | 565 |
misdemeanor. | 566 |
Section 2. That existing sections 4511.01, 4511.213, and | 567 |
4513.17 of the Revised Code are hereby repealed. | 568 |