Bill Text: OH HB68 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To increase the speed limit on interstate freeways outside urbanized areas from 65 to 70 miles per hour for all vehicles.

Spectrum: Moderate Partisan Bill (Republican 12-3)

Status: (Introduced - Dead) 2013-02-20 - To Transportation, Public Safety and Homeland Security [HB68 Detail]

Download: Ohio-2013-HB68-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 68

Representative Maag 

Cosponsors: Representatives Adams, J., Becker, Brenner, Buchy, Gonzales, Hood, Johnson, Mallory, McGregor, Pillich, Ramos, Retherford, Stebelton, Thompson 

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A BILL

To amend section 4511.21 of the Revised Code to

1

increase the speed limit on interstate freeways

2

outside urbanized areas from 65 to 70 miles per

3

hour for all vehicles.

4

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

Section 1.  That section 4511.21 of the Revised Code be	5
amended to read as follows:	6

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	7
trackless trolley, or streetcar at a speed greater or less than is	8
reasonable or proper, having due regard to the traffic, surface,	9
and width of the street or highway and any other conditions, and	10
no person shall drive any motor vehicle, trackless trolley, or	11
streetcar in and upon any street or highway at a greater speed	12
than will permit the person to bring it to a stop within the	13
assured clear distance ahead.	14

(B) It is prima-facie lawful, in the absence of a lower limit	15
declared or established pursuant to this section by the director	16
of transportation or local authorities, for the operator of a	17
motor vehicle, trackless trolley, or streetcar to operate the same	18
at a speed not exceeding the following:	19

(1)(a) Twenty miles per hour in school zones during school	20
recess and while children are going to or leaving school during	21
the opening or closing hours, and when twenty miles per hour	22
school speed limit signs are erected; except that, on	23
controlled-access highways and expressways, if the right-of-way	24
line fence has been erected without pedestrian opening, the speed	25
shall be governed by division (B)(4) of this section and on	26
freeways, if the right-of-way line fence has been erected without	27
pedestrian opening, the speed shall be governed by divisions	28
(B)(9) and (10) of this section. The end of every school zone may	29
be marked by a sign indicating the end of the zone. Nothing in	30
this section or in the manual and specifications for a uniform	31
system of traffic control devices shall be construed to require	32
school zones to be indicated by signs equipped with flashing or	33
other lights, or giving other special notice of the hours in which	34
the school zone speed limit is in effect.	35

(b) As used in this section and in section 4511.212 of the	36
Revised Code, "school" means any school chartered under section	37
3301.16 of the Revised Code and any nonchartered school that	38
during the preceding year filed with the department of education	39
in compliance with rule 3301-35-08 of the Ohio Administrative	40
Code, a copy of the school's report for the parents of the	41
school's pupils certifying that the school meets Ohio minimum	42
standards for nonchartered, nontax-supported schools and presents	43
evidence of this filing to the jurisdiction from which it is	44
requesting the establishment of a school zone. "School" also	45
includes a special elementary school that in writing requests the	46
county engineer of the county in which the special elementary	47
school is located to create a school zone at the location of that	48
school. Upon receipt of such a written request, the county	49
engineer shall create a school zone at that location by erecting	50
the appropriate signs.	51

(c) As used in this section, "school zone" means that portion	52
of a street or highway passing a school fronting upon the street	53
or highway that is encompassed by projecting the school property	54
lines to the fronting street or highway, and also includes that	55
portion of a state highway. Upon request from local authorities	56
for streets and highways under their jurisdiction and that portion	57
of a state highway under the jurisdiction of the director of	58
transportation or a request from a county engineer in the case of	59
a school zone for a special elementary school, the director may	60
extend the traditional school zone boundaries. The distances in	61
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	62
exceed three hundred feet per approach per direction and are	63
bounded by whichever of the following distances or combinations	64
thereof the director approves as most appropriate:	65

(i) The distance encompassed by projecting the school	66
building lines normal to the fronting highway and extending a	67
distance of three hundred feet on each approach direction;	68

(ii) The distance encompassed by projecting the school	69
property lines intersecting the fronting highway and extending a	70
distance of three hundred feet on each approach direction;	71

(iii) The distance encompassed by the special marking of the	72
pavement for a principal school pupil crosswalk plus a distance of	73
three hundred feet on each approach direction of the highway.	74

Nothing in this section shall be construed to invalidate the	75
director's initial action on August 9, 1976, establishing all	76
school zones at the traditional school zone boundaries defined by	77
projecting school property lines, except when those boundaries are	78
extended as provided in divisions (B)(1)(a) and (c) of this	79
section.	80

(d) As used in this division, "crosswalk" has the meaning	81
given that term in division (LL)(2) of section 4511.01 of the	82
Revised Code.	83

The director may, upon request by resolution of the	84
legislative authority of a municipal corporation, the board of	85
trustees of a township, or a county board of developmental	86
disabilities created pursuant to Chapter 5126. of the Revised	87
Code, and upon submission by the municipal corporation, township,	88
or county board of such engineering, traffic, and other	89
information as the director considers necessary, designate a	90
school zone on any portion of a state route lying within the	91
municipal corporation, lying within the unincorporated territory	92
of the township, or lying adjacent to the property of a school	93
that is operated by such county board, that includes a crosswalk	94
customarily used by children going to or leaving a school during	95
recess and opening and closing hours, whenever the distance, as	96
measured in a straight line, from the school property line nearest	97
the crosswalk to the nearest point of the crosswalk is no more	98
than one thousand three hundred twenty feet. Such a school zone	99
shall include the distance encompassed by the crosswalk and	100
extending three hundred feet on each approach direction of the	101
state route.	102

(e) As used in this section, "special elementary school"	103
means a school that meets all of the following criteria:	104

(i) It is not chartered and does not receive tax revenue from	105
any source.	106

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

107

(iii) It is located outside the limits of a municipal	108
corporation.	109

(iv) A majority of the total number of students enrolled at	110
the school are not related by blood.	111

(v) The principal or other person in charge of the special	112
elementary school annually sends a report to the superintendent of	113
the school district in which the special elementary school is	114
located indicating the total number of students enrolled at the	115
school, but otherwise the principal or other person in charge does	116
not report any other information or data to the superintendent.	117

(2) Twenty-five miles per hour in all other portions of a	118
municipal corporation, except on state routes outside business	119
districts, through highways outside business districts, and	120
alleys;	121

(3) Thirty-five miles per hour on all state routes or through	122
highways within municipal corporations outside business districts,	123
except as provided in divisions (B)(4) and (6) of this section;	124

(4) Fifty miles per hour on controlled-access highways and	125
expressways within municipal corporations;	126

(5) Fifty-five miles per hour on highways outside municipal	127
corporations, other than highways within island jurisdictions as	128
provided in division (B)(8) of this section and freeways as	129
provided in divisions (B)(13) and, (14), and (15) of this section;	130

(6) Fifty miles per hour on state routes within municipal	131
corporations outside urban districts unless a lower prima-facie	132
speed is established as further provided in this section;	133

(7) Fifteen miles per hour on all alleys within the municipal	134
corporation;	135

(8) Thirty-five miles per hour on highways outside municipal	136
corporations that are within an island jurisdiction;	137

(9) Fifty-five miles per hour at all times on freeways with	138
paved shoulders inside municipal corporations, other than freeways	139
as provided in divisions (B)(13) and, (14), and (15) of this	140
section;	141

(10) Fifty-five miles per hour at all times on freeways	142
outside municipal corporations, other than freeways as provided in	143
divisions (B)(13) and, (14), and (15) of this section;	144

(11) Fifty-five miles per hour at all times on all portions	145
of freeways that are part of the interstate system and on all	146
portions of freeways that are not part of the interstate system,	147
but are built to the standards and specifications that are	148
applicable to freeways that are part of the interstate system for	149
operators of any motor vehicle weighing in excess of eight	150
thousand pounds empty weight and any noncommercial bus, except as	151
provided in divisiondivisions (B)(14) and (15) of this section;	152

(12) Fifty-five miles per hour for operators of any motor	153
vehicle weighing eight thousand pounds or less empty weight and	154
any commercial bus at all times on all portions of freeways that	155
are part of the interstate system and that had such a speed limit	156
established prior to October 1, 1995, and freeways that are not	157
part of the interstate system, but are built to the standards and	158
specifications that are applicable to freeways that are part of	159
the interstate system and that had such a speed limit established	160
prior to October 1, 1995, unless a higher speed limit is	161
established under division (L) of this section;	162

(13) Sixty-five miles per hour for operators of any motor	163
vehicle weighing eight thousand pounds or less empty weight and	164
any commercial bus at all times on all portions of the following,	165
except as provided in division (B)(15) of this section:	166

(a) Freeways that are part of the interstate system and that	167
had such a speed limit established prior to October 1, 1995, and	168
freeways that are not part of the interstate system, but are built	169
to the standards and specifications that are applicable to	170
freeways that are part of the interstate system and that had such	171
a speed limit established prior to October 1, 1995;	172

(b) Freeways that are part of the interstate system and	173
freeways that are not part of the interstate system but are built	174
to the standards and specifications that are applicable to	175
freeways that are part of the interstate system, and that had such	176
a speed limit established under division (L) of this section;	177

(c) Rural, divided, multi-lane highways that are designated	178
as part of the national highway system under the "National Highway	179
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	180
and that had such a speed limit established under division (M) of	181
this section.	182

(14) Sixty-five miles per hour at all times on all portions	183
of freeways that are part of the interstate system and that had	184
such a speed limit on the effective date of this amendmentJuly 1,	185
2009, for operators of any motor vehicle weighing in excess of	186
eight thousand pounds empty weight and any noncommercial bus,	187
except as provided in division (B)(15) of this section.	188

(15) Seventy miles per hour for operators of any motor	189
vehicle at all times on all portions of freeways that are part of	190
the interstate system and are outside urbanized areas, as	191
designated in accordance with 23 U.S.C. 101.	192

(C) It is prima-facie unlawful for any person to exceed any	193
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	194
(6), (7), and (8) of this section, or any declared or established	195
pursuant to this section by the director or local authorities and	196
it is unlawful for any person to exceed any of the speed	197
limitations in division (D) of this section. No person shall be	198
convicted of more than one violation of this section for the same	199
conduct, although violations of more than one provision of this	200
section may be charged in the alternative in a single affidavit.	201

(D) No person shall operate a motor vehicle, trackless	202
trolley, or streetcar upon a street or highway as follows:	203

(1) At a speed exceeding fifty-five miles per hour, except	204
upon a freeway as provided in divisions (B)(13) and, (14), and	205
(15) of this section;	206

(2) At a speed exceeding sixty-five miles per hour upon a	207
freeway as provided in divisions (B)(13) and (14) of this section;	208

(3) If a motor vehicle weighing in excess of eight thousand	209
pounds empty weight or a noncommercial bus as prescribed in	210
division (B)(11) of this section, at a speed exceeding fifty-five	211
miles per hour upon a freeway as provided in that division;	212

(4) At a speed exceeding the posted speed limit upon a	213
freeway for which the director has determined and declared a speed	214
limit of not more than sixty-five miles per hour pursuant to	215
division (L)(2) or (M) of this section;	216

(5) At a speed exceeding sixty-five miles per hour upon a	217
freeway for which such a speed limit has been established through	218
the operation of division (L)(3) of this section;	219

(6) At a speed exceeding the posted speed limit upon a	220
freeway for which the director has determined and declared a speed	221
limit pursuant to division (I)(2) of this section.	222

(7) At a speed exceeding seventy miles per hour upon a	223
freeway as provided in division (B)(15) of this section.	224

(E) In every charge of violation of this section the	225
affidavit and warrant shall specify the time, place, and speed at	226
which the defendant is alleged to have driven, and in charges made	227
in reliance upon division (C) of this section also the speed which	228
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	229
declared or established pursuant to, this section declares is	230
prima-facie lawful at the time and place of such alleged	231
violation, except that in affidavits where a person is alleged to	232
have driven at a greater speed than will permit the person to	233
bring the vehicle to a stop within the assured clear distance	234
ahead the affidavit and warrant need not specify the speed at	235
which the defendant is alleged to have driven.	236

(F) When a speed in excess of both a prima-facie limitation	237
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	238
this section is alleged, the defendant shall be charged in a	239
single affidavit, alleging a single act, with a violation	240
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	241
(8) of this section, or of a limit declared or established	242
pursuant to this section by the director or local authorities, and	243
of the limitation in division (D)(1), (2), (3), (4), (5), or (6)	244
of this section. If the court finds a violation of division	245
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	246
or established pursuant to, this section has occurred, it shall	247
enter a judgment of conviction under such division and dismiss the	248
charge under division (D)(1), (2), (3), (4), (5), or (6) of this	249
section. If it finds no violation of division (B)(1)(a), (2), (3),	250
(4), (6), (7), or (8) of, or a limit declared or established	251
pursuant to, this section, it shall then consider whether the	252
evidence supports a conviction under division (D)(1), (2), (3),	253
(4), (5), or (6) of this section.	254

(G) Points shall be assessed for violation of a limitation	255
under division (D) of this section in accordance with section	256
4510.036 of the Revised Code.	257

(H) Whenever the director determines upon the basis of a	258
geometric and traffic characteristic study that any speed limit	259
set forth in divisions (B)(1)(a) to (D) of this section is greater	260
or less than is reasonable or safe under the conditions found to	261
exist at any portion of a street or highway under the jurisdiction	262
of the director, the director shall determine and declare a	263
reasonable and safe prima-facie speed limit, which shall be	264
effective when appropriate signs giving notice of it are erected	265
at the location.	266

(I)(1) Except as provided in divisions (I)(2) and (K) of this	267
section, whenever local authorities determine upon the basis of an	268
engineering and traffic investigation that the speed permitted by	269
divisions (B)(1)(a) to (D) of this section, on any part of a	270
highway under their jurisdiction, is greater than is reasonable	271
and safe under the conditions found to exist at such location, the	272
local authorities may by resolution request the director to	273
determine and declare a reasonable and safe prima-facie speed	274
limit. Upon receipt of such request the director may determine and	275
declare a reasonable and safe prima-facie speed limit at such	276
location, and if the director does so, then such declared speed	277
limit shall become effective only when appropriate signs giving	278
notice thereof are erected at such location by the local	279
authorities. The director may withdraw the declaration of a	280
prima-facie speed limit whenever in the director's opinion the	281
altered prima-facie speed becomes unreasonable. Upon such	282
withdrawal, the declared prima-facie speed shall become	283
ineffective and the signs relating thereto shall be immediately	284
removed by the local authorities.	285

(2) A local authority may determine on the basis of a	286
geometric and traffic characteristic study that the speed limit of	287
sixty-five miles per hour on a portion of a freeway under its	288
jurisdiction that was established through the operation of	289
division (L)(3) of this section is greater than is reasonable or	290
safe under the conditions found to exist at that portion of the	291
freeway. If the local authority makes such a determination, the	292
local authority by resolution may request the director to	293
determine and declare a reasonable and safe speed limit of not	294
less than fifty-five miles per hour for that portion of the	295
freeway. If the director takes such action, the declared speed	296
limit becomes effective only when appropriate signs giving notice	297
of it are erected at such location by the local authority.	298

(J) Local authorities in their respective jurisdictions may	299
authorize by ordinance higher prima-facie speeds than those stated	300
in this section upon through highways, or upon highways or	301
portions thereof where there are no intersections, or between	302
widely spaced intersections, provided signs are erected giving	303
notice of the authorized speed, but local authorities shall not	304
modify or alter the basic rule set forth in division (A) of this	305
section or in any event authorize by ordinance a speed in excess	306
of fifty miles per hour.	307

Alteration of prima-facie limits on state routes by local	308
authorities shall not be effective until the alteration has been	309
approved by the director. The director may withdraw approval of	310
any altered prima-facie speed limits whenever in the director's	311
opinion any altered prima-facie speed becomes unreasonable, and	312
upon such withdrawal, the altered prima-facie speed shall become	313
ineffective and the signs relating thereto shall be immediately	314
removed by the local authorities.	315

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	316
section, "unimproved highway" means a highway consisting of any of	317
the following:	318

(a) Unimproved earth;

319

(b) Unimproved graded and drained earth;

320

(c) Gravel.

321

(2) Except as otherwise provided in divisions (K)(4) and (5)	322
of this section, whenever a board of township trustees determines	323
upon the basis of an engineering and traffic investigation that	324
the speed permitted by division (B)(5) of this section on any part	325
of an unimproved highway under its jurisdiction and in the	326
unincorporated territory of the township is greater than is	327
reasonable or safe under the conditions found to exist at the	328
location, the board may by resolution declare a reasonable and	329
safe prima-facie speed limit of fifty-five but not less than	330
twenty-five miles per hour. An altered speed limit adopted by a	331
board of township trustees under this division becomes effective	332
when appropriate traffic control devices, as prescribed in section	333
4511.11 of the Revised Code, giving notice thereof are erected at	334
the location, which shall be no sooner than sixty days after	335
adoption of the resolution.	336

(3)(a) Whenever, in the opinion of a board of township	337
trustees, any altered prima-facie speed limit established by the	338
board under this division becomes unreasonable, the board may	339
adopt a resolution withdrawing the altered prima-facie speed	340
limit. Upon the adoption of such a resolution, the altered	341
prima-facie speed limit becomes ineffective and the traffic	342
control devices relating thereto shall be immediately removed.	343

(b) Whenever a highway ceases to be an unimproved highway and	344
the board has adopted an altered prima-facie speed limit pursuant	345
to division (K)(2) of this section, the board shall, by	346
resolution, withdraw the altered prima-facie speed limit as soon	347
as the highway ceases to be unimproved. Upon the adoption of such	348
a resolution, the altered prima-facie speed limit becomes	349
ineffective and the traffic control devices relating thereto shall	350
be immediately removed.	351

(4)(a) If the boundary of two townships rests on the	352
centerline of an unimproved highway in unincorporated territory	353
and both townships have jurisdiction over the highway, neither of	354
the boards of township trustees of such townships may declare an	355
altered prima-facie speed limit pursuant to division (K)(2) of	356
this section on the part of the highway under their joint	357
jurisdiction unless the boards of township trustees of both of the	358
townships determine, upon the basis of an engineering and traffic	359
investigation, that the speed permitted by division (B)(5) of this	360
section is greater than is reasonable or safe under the conditions	361
found to exist at the location and both boards agree upon a	362
reasonable and safe prima-facie speed limit of less than	363
fifty-five but not less than twenty-five miles per hour for that	364
location. If both boards so agree, each shall follow the procedure	365
specified in division (K)(2) of this section for altering the	366
prima-facie speed limit on the highway. Except as otherwise	367
provided in division (K)(4)(b) of this section, no speed limit	368
altered pursuant to division (K)(4)(a) of this section may be	369
withdrawn unless the boards of township trustees of both townships	370
determine that the altered prima-facie speed limit previously	371
adopted becomes unreasonable and each board adopts a resolution	372
withdrawing the altered prima-facie speed limit pursuant to the	373
procedure specified in division (K)(3)(a) of this section.	374

(b) Whenever a highway described in division (K)(4)(a) of	375
this section ceases to be an unimproved highway and two boards of	376
township trustees have adopted an altered prima-facie speed limit	377
pursuant to division (K)(4)(a) of this section, both boards shall,	378
by resolution, withdraw the altered prima-facie speed limit as	379
soon as the highway ceases to be unimproved. Upon the adoption of	380
the resolution, the altered prima-facie speed limit becomes	381
ineffective and the traffic control devices relating thereto shall	382
be immediately removed.	383

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

384

(a) "Commercial subdivision" means any platted territory	385
outside the limits of a municipal corporation and fronting a	386
highway where, for a distance of three hundred feet or more, the	387
frontage is improved with buildings in use for commercial	388
purposes, or where the entire length of the highway is less than	389
three hundred feet long and the frontage is improved with	390
buildings in use for commercial purposes.	391

(b) "Residential subdivision" means any platted territory	392
outside the limits of a municipal corporation and fronting a	393
highway, where, for a distance of three hundred feet or more, the	394
frontage is improved with residences or residences and buildings	395
in use for business, or where the entire length of the highway is	396
less than three hundred feet long and the frontage is improved	397
with residences or residences and buildings in use for business.	398

Whenever a board of township trustees finds upon the basis of	399
an engineering and traffic investigation that the prima-facie	400
speed permitted by division (B)(5) of this section on any part of	401
a highway under its jurisdiction that is located in a commercial	402
or residential subdivision, except on highways or portions thereof	403
at the entrances to which vehicular traffic from the majority of	404
intersecting highways is required to yield the right-of-way to	405
vehicles on such highways in obedience to stop or yield signs or	406
traffic control signals, is greater than is reasonable and safe	407
under the conditions found to exist at the location, the board may	408
by resolution declare a reasonable and safe prima-facie speed	409
limit of less than fifty-five but not less than twenty-five miles	410
per hour at the location. An altered speed limit adopted by a	411
board of township trustees under this division shall become	412
effective when appropriate signs giving notice thereof are erected	413
at the location by the township. Whenever, in the opinion of a	414
board of township trustees, any altered prima-facie speed limit	415
established by it under this division becomes unreasonable, it may	416
adopt a resolution withdrawing the altered prima-facie speed, and	417
upon such withdrawal, the altered prima-facie speed shall become	418
ineffective, and the signs relating thereto shall be immediately	419
removed by the township.	420

(L)(1) Within one hundred twenty days of February 29, 1996,	421
the director of transportation, based upon a geometric and traffic	422
characteristic study of a freeway that is part of the interstate	423
system or that is not part of the interstate system, but is built	424
to the standards and specifications that are applicable to	425
freeways that are part of the interstate system, in consultation	426
with the director of public safety and, if applicable, the local	427
authority having jurisdiction over a portion of such freeway, may	428
determine and declare that the speed limit of less than sixty-five	429
miles per hour established on such freeway or portion of freeway	430
either is reasonable and safe or is less than that which is	431
reasonable and safe.	432

(2) If the established speed limit for such a freeway or	433
portion of freeway is determined to be less than that which is	434
reasonable and safe, the director of transportation, in	435
consultation with the director of public safety and, if	436
applicable, the local authority having jurisdiction over the	437
portion of freeway, shall determine and declare a reasonable and	438
safe speed limit of not more than sixty-five miles per hour for	439
that freeway or portion of freeway.	440

The director of transportation or local authority having	441
jurisdiction over the freeway or portion of freeway shall erect	442
appropriate signs giving notice of the speed limit at such	443
location within one hundred fifty days of February 29, 1996. Such	444
speed limit becomes effective only when such signs are erected at	445
the location.	446

(3) If, within one hundred twenty days of February 29, 1996,	447
the director of transportation does not make a determination and	448
declaration of a reasonable and safe speed limit for a freeway or	449
portion of freeway that is part of the interstate system or that	450
is not part of the interstate system, but is built to the	451
standards and specifications that are applicable to freeways that	452
are part of the interstate system and that has a speed limit of	453
less than sixty-five miles per hour, the speed limit on that	454
freeway or portion of a freeway shall be sixty-five miles per	455
hour. The director of transportation or local authority having	456
jurisdiction over the freeway or portion of the freeway shall	457
erect appropriate signs giving notice of the speed limit of	458
sixty-five miles per hour at such location within one hundred	459
fifty days of February 29, 1996. Such speed limit becomes	460
effective only when such signs are erected at the location. A	461
speed limit established through the operation of division (L)(3)	462
of this section is subject to reduction under division (I)(2) of	463
this section.	464

(M) Within three hundred sixty days after February 29, 1996,	465
the director of transportation, based upon a geometric and traffic	466
characteristic study of a rural, divided, multi-lane highway that	467
has been designated as part of the national highway system under	468
the "National Highway System Designation Act of 1995," 109 Stat.	469
568, 23 U.S.C.A. 103, in consultation with the director of public	470
safety and, if applicable, the local authority having jurisdiction	471
over a portion of the highway, may determine and declare that the	472
speed limit of less than sixty-five miles per hour established on	473
the highway or portion of highway either is reasonable and safe or	474
is less than that which is reasonable and safe.	475

If the established speed limit for the highway or portion of	476
highway is determined to be less than that which is reasonable and	477
safe, the director of transportation, in consultation with the	478
director of public safety and, if applicable, the local authority	479
having jurisdiction over the portion of highway, shall determine	480
and declare a reasonable and safe speed limit of not more than	481
sixty-five miles per hour for that highway or portion of highway.	482
The director of transportation or local authority having	483
jurisdiction over the highway or portion of highway shall erect	484
appropriate signs giving notice of the speed limit at such	485
location within three hundred ninety days after February 29, 1996.	486
The speed limit becomes effective only when such signs are erected	487
at the location.	488

(N)(1)(a) If the boundary of two local authorities rests on	489
the centerline of a highway and both authorities have jurisdiction	490
over the highway, the speed limit for the part of the highway	491
within their joint jurisdiction shall be either one of the	492
following as agreed to by both authorities:	493

(i) Either prima-facie speed limit permitted by division (B)	494
of this section;	495

(ii) An altered speed limit determined and posted in	496
accordance with this section.	497

(b) If the local authorities are unable to reach an	498
agreement, the speed limit shall remain as established and posted	499
under this section.	500

(2) Neither local authority may declare an altered	501
prima-facie speed limit pursuant to this section on the part of	502
the highway under their joint jurisdiction unless both of the	503
local authorities determine, upon the basis of an engineering and	504
traffic investigation, that the speed permitted by this section is	505
greater than is reasonable or safe under the conditions found to	506
exist at the location and both authorities agree upon a uniform	507
reasonable and safe prima-facie speed limit of less than	508
fifty-five but not less than twenty-five miles per hour for that	509
location. If both authorities so agree, each shall follow the	510
procedure specified in this section for altering the prima-facie	511
speed limit on the highway, and the speed limit for the part of	512
the highway within their joint jurisdiction shall be uniformly	513
altered. No altered speed limit may be withdrawn unless both local	514
authorities determine that the altered prima-facie speed limit	515
previously adopted becomes unreasonable and each adopts a	516
resolution withdrawing the altered prima-facie speed limit	517
pursuant to the procedure specified in this section.	518

(O) As used in this section:

519

(1) "Interstate system" has the same meaning as in 23	520
U.S.C.A. 101.	521

(2) "Commercial bus" means a motor vehicle designed for	522
carrying more than nine passengers and used for the transportation	523
of persons for compensation.	524

(3) "Noncommercial bus" includes but is not limited to a	525
school bus or a motor vehicle operated solely for the	526
transportation of persons associated with a charitable or	527
nonprofit organization.	528

(P)(1) A violation of any provision of this section is one of	529
the following:	530

(a) Except as otherwise provided in divisions (P)(1)(b),	531
(1)(c), (2), and (3) of this section, a minor misdemeanor;	532

(b) If, within one year of the offense, the offender	533
previously has been convicted of or pleaded guilty to two	534
violations of any provision of this section or of any provision of	535
a municipal ordinance that is substantially similar to any	536
provision of this section, a misdemeanor of the fourth degree;	537

(c) If, within one year of the offense, the offender	538
previously has been convicted of or pleaded guilty to three or	539
more violations of any provision of this section or of any	540
provision of a municipal ordinance that is substantially similar	541
to any provision of this section, a misdemeanor of the third	542
degree.	543

(2) If the offender has not previously been convicted of or	544
pleaded guilty to a violation of any provision of this section or	545
of any provision of a municipal ordinance that is substantially	546
similar to this section and operated a motor vehicle faster than	547
thirty-five miles an hour in a business district of a municipal	548
corporation, faster than fifty miles an hour in other portions of	549
a municipal corporation, or faster than thirty-five miles an hour	550
in a school zone during recess or while children are going to or	551
leaving school during the school's opening or closing hours, a	552
misdemeanor of the fourth degree.	553

(3) Notwithstanding division (P)(1) of this section, if the	554
offender operated a motor vehicle in a construction zone where a	555
sign was then posted in accordance with section 4511.98 of the	556
Revised Code, the court, in addition to all other penalties	557
provided by law, shall impose upon the offender a fine of two	558
times the usual amount imposed for the violation. No court shall	559
impose a fine of two times the usual amount imposed for the	560
violation upon an offender if the offender alleges, in an	561
affidavit filed with the court prior to the offender's sentencing,	562
that the offender is indigent and is unable to pay the fine	563
imposed pursuant to this division and if the court determines that	564
the offender is an indigent person and unable to pay the fine.	565

Section 2.  That existing section 4511.21 of the Revised Code	566
is hereby repealed.	567