Bill Text: OH SB92 | 2011-2012 | 129th 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-02-23 - To Highways & Transportation [SB92 Detail]

Download: Ohio-2011-SB92-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 92

Senator Schaffer 

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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 4501.20

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 4501.20 of the Revised Code be enacted to read as follows:	14

Sec. 4501.20.  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 or established pursuant to this section by the director	183
of transportation or local authorities, for the operator of a	184
motor vehicle, trackless trolley, or streetcar to operate the same	185
at a 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 developmental	253
disabilities created pursuant to Chapter 5126. of the Revised	254
Code, and upon submission by the municipal corporation, township,	255
or county board of such engineering, traffic, and other	256
information as the director considers necessary, designate a	257
school zone on any portion of a state route lying within the	258
municipal corporation, lying within the unincorporated territory	259
of the township, or lying adjacent to the property of a school	260
that is operated by such county board, that includes a crosswalk	261
customarily used by children going to or leaving a school during	262
recess and opening and closing hours, whenever the distance, as	263
measured in a straight line, from the school property line nearest	264
the crosswalk to the nearest point of the crosswalk is no more	265
than one thousand three hundred twenty feet. Such a school zone	266
shall include the distance encompassed by the crosswalk and	267
extending three hundred feet on each approach direction of the	268
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 divisions (B)(13) and (14) 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 divisions (B)(13) and (14) 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
divisions (B)(13) and (14) 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, except as	317
provided in division (B)(14) of this section;	318

(12) Fifty-five miles per hour for operators of any motor	319
vehicle weighing eight thousand pounds or less empty weight and	320
any commercial bus at all times on all portions of freeways that	321
are part of the interstate system and that had such a speed limit	322
established prior to October 1, 1995, and freeways that are not	323
part of the interstate system, but are built to the standards and	324
specifications that are applicable to freeways that are part of	325
the interstate system and that had such a speed limit established	326
prior to October 1, 1995, unless a higher speed limit is	327
established under division (L) of this section;	328

(13) Sixty-five miles per hour for operators of any motor	329
vehicle weighing eight thousand pounds or less empty weight and	330
any commercial bus at all times on all portions of the following:	331

(a) Freeways that are part of the interstate system and that	332
had such a speed limit established prior to October 1, 1995, and	333
freeways that are not part of the interstate system, but are built	334
to the standards and specifications that are applicable to	335
freeways that are part of the interstate system and that had such	336
a speed limit established prior to October 1, 1995;	337

(b) Freeways that are part of the interstate system and	338
freeways that are not part of the interstate system but are built	339
to the standards and specifications that are applicable to	340
freeways that are part of the interstate system, and that had such	341
a speed limit established under division (L) of this section;	342

(c) Rural, divided, multi-lane highways that are designated	343
as part of the national highway system under the "National Highway	344
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	345
and that had such a speed limit established under division (M) of	346
this section.	347

(14) Sixty-five miles per hour at all times on all portions	348
of freeways that are part of the interstate system and that had	349
such a speed limit on the effective date of this amendmentJuly 1,	350
2009, for operators of any motor vehicle weighing in excess of	351
eight thousand pounds empty weight and any noncommercial bus.	352

(C) It is prima-facie unlawful for any person to exceed any	353
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	354
(6), (7), and (8) of this section, or any declared or established	355
pursuant to this section by the director or local authorities and	356
it is unlawful for any person to exceed any of the speed	357
limitations in division (D) of this section. No person shall be	358
convicted of more than one violation of this section for the same	359
conduct, although violations of more than one provision of this	360
section may be charged in the alternative in a single affidavit.	361

(D) No person shall operate a motor vehicle, trackless	362
trolley, or streetcar upon a street or highway as follows:	363

(1) At a speed exceeding fifty-five miles per hour, except	364
upon a freeway as provided in divisions (B)(13) and (14) of this	365
section;	366

(2) At a speed exceeding sixty-five miles per hour upon a	367
freeway as provided in divisions (B)(13) and (14) of this section;	368

(3) If a motor vehicle weighing in excess of eight thousand	369
pounds empty weight or a noncommercial bus as prescribed in	370
division (B)(11) of this section, at a speed exceeding fifty-five	371
miles per hour upon a freeway as provided in that division;	372

(4) At a speed exceeding the posted speed limit upon a	373
freeway for which the director has determined and declared a speed	374
limit of not more than sixty-five miles per hour pursuant to	375
division (L)(2) or (M) of this section;	376

(5) At a speed exceeding sixty-five miles per hour upon a	377
freeway for which such a speed limit has been established through	378
the operation of division (L)(3) of this section;	379

(6) At a speed exceeding the posted speed limit upon a	380
freeway for which the director has determined and declared a speed	381
limit pursuant to division (I)(2) of this section.	382

(E) In every charge of violation of this section the	383
affidavit and warrant shall specify the time, place, and speed at	384
which the defendant is alleged to have driven, and in charges made	385
in reliance upon division (C) of this section also the speed which	386
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	387
declared or established pursuant to, this section declares is	388
prima-facie lawful at the time and place of such alleged	389
violation, except that in affidavits where a person is alleged to	390
have driven at a greater speed than will permit the person to	391
bring the vehicle to a stop within the assured clear distance	392
ahead the affidavit and warrant need not specify the speed at	393
which the defendant is alleged to have driven.	394

(F) When a speed in excess of both a prima-facie limitation	395
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	396
this section is alleged, the defendant shall be charged in a	397
single affidavit, alleging a single act, with a violation	398
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	399
(8) of this section, or of a limit declared or established	400
pursuant to this section by the director or local authorities, and	401
of the limitation in division (D)(1), (2), (3), (4), (5), or (6)	402
of this section. If the court finds a violation of division	403
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	404
or established pursuant to, this section has occurred, it shall	405
enter a judgment of conviction under such division and dismiss the	406
charge under division (D)(1), (2), (3), (4), (5), or (6) of this	407
section. If it finds no violation of division (B)(1)(a), (2), (3),	408
(4), (6), (7), or (8) of, or a limit declared or established	409
pursuant to, this section, it shall then consider whether the	410
evidence supports a conviction under division (D)(1), (2), (3),	411
(4), (5), or (6) of this section.	412

(G) Points shall be assessed for violation of a limitation	413
under division (D) of this section in accordance with section	414
4510.036 of the Revised Code.	415

(H) Whenever the director determines upon the basis of a	416
geometric and traffic characteristic study that any speed limit	417
set forth in divisions (B)(1)(a) to (D) of this section is greater	418
or less than is reasonable or safe under the conditions found to	419
exist at any portion of a street or highway under the jurisdiction	420
of the director, the director shall determine and declare a	421
reasonable and safe prima-facie speed limit, which shall be	422
effective when appropriate signs giving notice of it are erected	423
at the location.	424

(I)(1) Except as provided in divisions (I)(2) and (K) of this	425
section, whenever local authorities determine upon the basis of an	426
engineering and traffic investigation that the speed permitted by	427
divisions (B)(1)(a) to (D) of this section, on any part of a	428
highway under their jurisdiction, is greater than is reasonable	429
and safe under the conditions found to exist at such location, the	430
local authorities may by resolution request the director to	431
determine and declare a reasonable and safe prima-facie speed	432
limit. Upon receipt of such request the director may determine and	433
declare a reasonable and safe prima-facie speed limit at such	434
location, and if the director does so, then such declared speed	435
limit shall become effective only when appropriate signs giving	436
notice thereof are erected at such location by the local	437
authorities. The director may withdraw the declaration of a	438
prima-facie speed limit whenever in the director's opinion the	439
altered prima-facie speed becomes unreasonable. Upon such	440
withdrawal, the declared prima-facie speed shall become	441
ineffective and the signs relating thereto shall be immediately	442
removed by the local authorities.	443

(2) A local authority may determine on the basis of a	444
geometric and traffic characteristic study that the speed limit of	445
sixty-five miles per hour on a portion of a freeway under its	446
jurisdiction that was established through the operation of	447
division (L)(3) of this section is greater than is reasonable or	448
safe under the conditions found to exist at that portion of the	449
freeway. If the local authority makes such a determination, the	450
local authority by resolution may request the director to	451
determine and declare a reasonable and safe speed limit of not	452
less than fifty-five miles per hour for that portion of the	453
freeway. If the director takes such action, the declared speed	454
limit becomes effective only when appropriate signs giving notice	455
of it are erected at such location by the local authority.	456

(J) Local authorities in their respective jurisdictions may	457
authorize by ordinance higher prima-facie speeds than those stated	458
in this section upon through highways, or upon highways or	459
portions thereof where there are no intersections, or between	460
widely spaced intersections, provided signs are erected giving	461
notice of the authorized speed, but local authorities shall not	462
modify or alter the basic rule set forth in division (A) of this	463
section or in any event authorize by ordinance a speed in excess	464
of fifty miles per hour.	465

Alteration of prima-facie limits on state routes by local	466
authorities shall not be effective until the alteration has been	467
approved by the director. The director may withdraw approval of	468
any altered prima-facie speed limits whenever in the director's	469
opinion any altered prima-facie speed becomes unreasonable, and	470
upon such withdrawal, the altered prima-facie speed shall become	471
ineffective and the signs relating thereto shall be immediately	472
removed by the local authorities.	473

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	474
section, "unimproved highway" means a highway consisting of any of	475
the following:	476

(a) Unimproved earth;

477

(b) Unimproved graded and drained earth;

478

(c) Gravel.

479

(2) Except as otherwise provided in divisions (K)(4) and (5)	480
of this section, whenever a board of township trustees determines	481
upon the basis of an engineering and traffic investigation that	482
the speed permitted by division (B)(5) of this section on any part	483
of an unimproved highway under its jurisdiction and in the	484
unincorporated territory of the township is greater than is	485
reasonable or safe under the conditions found to exist at the	486
location, the board may by resolution declare a reasonable and	487
safe prima-facie speed limit of fifty-five but not less than	488
twenty-five miles per hour. An altered speed limit adopted by a	489
board of township trustees under this division becomes effective	490
when appropriate traffic control devices, as prescribed in section	491
4511.11 of the Revised Code, giving notice thereof are erected at	492
the location, which shall be no sooner than sixty days after	493
adoption of the resolution.	494

(3)(a) Whenever, in the opinion of a board of township	495
trustees, any altered prima-facie speed limit established by the	496
board under this division becomes unreasonable, the board may	497
adopt a resolution withdrawing the altered prima-facie speed	498
limit. Upon the adoption of such a resolution, the altered	499
prima-facie speed limit becomes ineffective and the traffic	500
control devices relating thereto shall be immediately removed.	501

(b) Whenever a highway ceases to be an unimproved highway and	502
the board has adopted an altered prima-facie speed limit pursuant	503
to division (K)(2) of this section, the board shall, by	504
resolution, withdraw the altered prima-facie speed limit as soon	505
as the highway ceases to be unimproved. Upon the adoption of such	506
a resolution, the altered prima-facie speed limit becomes	507
ineffective and the traffic control devices relating thereto shall	508
be immediately removed.	509

(4)(a) If the boundary of two townships rests on the	510
centerline of an unimproved highway in unincorporated territory	511
and both townships have jurisdiction over the highway, neither of	512
the boards of township trustees of such townships may declare an	513
altered prima-facie speed limit pursuant to division (K)(2) of	514
this section on the part of the highway under their joint	515
jurisdiction unless the boards of township trustees of both of the	516
townships determine, upon the basis of an engineering and traffic	517
investigation, that the speed permitted by division (B)(5) of this	518
section is greater than is reasonable or safe under the conditions	519
found to exist at the location and both boards agree upon a	520
reasonable and safe prima-facie speed limit of less than	521
fifty-five but not less than twenty-five miles per hour for that	522
location. If both boards so agree, each shall follow the procedure	523
specified in division (K)(2) of this section for altering the	524
prima-facie speed limit on the highway. Except as otherwise	525
provided in division (K)(4)(b) of this section, no speed limit	526
altered pursuant to division (K)(4)(a) of this section may be	527
withdrawn unless the boards of township trustees of both townships	528
determine that the altered prima-facie speed limit previously	529
adopted becomes unreasonable and each board adopts a resolution	530
withdrawing the altered prima-facie speed limit pursuant to the	531
procedure specified in division (K)(3)(a) of this section.	532

(b) Whenever a highway described in division (K)(4)(a) of	533
this section ceases to be an unimproved highway and two boards of	534
township trustees have adopted an altered prima-facie speed limit	535
pursuant to division (K)(4)(a) of this section, both boards shall,	536
by resolution, withdraw the altered prima-facie speed limit as	537
soon as the highway ceases to be unimproved. Upon the adoption of	538
the resolution, the altered prima-facie speed limit becomes	539
ineffective and the traffic control devices relating thereto shall	540
be immediately removed.	541

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

542

(a) "Commercial 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 buildings in use for commercial	546
purposes, or where the entire length of the highway is less than	547
three hundred feet long and the frontage is improved with	548
buildings in use for commercial purposes.	549

(b) "Residential subdivision" means any platted territory	550
outside the limits of a municipal corporation and fronting a	551
highway, where, for a distance of three hundred feet or more, the	552
frontage is improved with residences or residences and buildings	553
in use for business, or where the entire length of the highway is	554
less than three hundred feet long and the frontage is improved	555
with residences or residences and buildings in use for business.	556

Whenever a board of township trustees finds upon the basis of	557
an engineering and traffic investigation that the prima-facie	558
speed permitted by division (B)(5) of this section on any part of	559
a highway under its jurisdiction that is located in a commercial	560
or residential subdivision, except on highways or portions thereof	561
at the entrances to which vehicular traffic from the majority of	562
intersecting highways is required to yield the right-of-way to	563
vehicles on such highways in obedience to stop or yield signs or	564
traffic control signals, is greater than is reasonable and safe	565
under the conditions found to exist at the location, the board may	566
by resolution declare a reasonable and safe prima-facie speed	567
limit of less than fifty-five but not less than twenty-five miles	568
per hour at the location. An altered speed limit adopted by a	569
board of township trustees under this division shall become	570
effective when appropriate signs giving notice thereof are erected	571
at the location by the township. Whenever, in the opinion of a	572
board of township trustees, any altered prima-facie speed limit	573
established by it under this division becomes unreasonable, it may	574
adopt a resolution withdrawing the altered prima-facie speed, and	575
upon such withdrawal, the altered prima-facie speed shall become	576
ineffective, and the signs relating thereto shall be immediately	577
removed by the township.	578

(L)(1) Within one hundred twenty days of February 29, 1996,	579
the director of transportation, based upon a geometric and traffic	580
characteristic study of a freeway that is part of the interstate	581
system or that is not part of the interstate system, but is built	582
to the standards and specifications that are applicable to	583
freeways that are part of the interstate system, in consultation	584
with the director of public safety and, if applicable, the local	585
authority having jurisdiction over a portion of such freeway, may	586
determine and declare that the speed limit of less than sixty-five	587
miles per hour established on such freeway or portion of freeway	588
either is reasonable and safe or is less than that which is	589
reasonable and safe.	590

(2) If the established speed limit for such a freeway or	591
portion of freeway is determined to be less than that which is	592
reasonable and safe, the director of transportation, in	593
consultation with the director of public safety and, if	594
applicable, the local authority having jurisdiction over the	595
portion of freeway, shall determine and declare a reasonable and	596
safe speed limit of not more than sixty-five miles per hour for	597
that freeway or portion of freeway.	598

The director of transportation or local authority having	599
jurisdiction over the freeway or portion of freeway shall erect	600
appropriate signs giving notice of the speed limit at such	601
location within one hundred fifty days of February 29, 1996. Such	602
speed limit becomes effective only when such signs are erected at	603
the location.	604

(3) If, within one hundred twenty days of February 29, 1996,	605
the director of transportation does not make a determination and	606
declaration of a reasonable and safe speed limit for a freeway or	607
portion of freeway that is part of the interstate system or that	608
is not part of the interstate system, but is built to the	609
standards and specifications that are applicable to freeways that	610
are part of the interstate system and that has a speed limit of	611
less than sixty-five miles per hour, the speed limit on that	612
freeway or portion of a freeway shall be sixty-five miles per	613
hour. The director of transportation or local authority having	614
jurisdiction over the freeway or portion of the freeway shall	615
erect appropriate signs giving notice of the speed limit of	616
sixty-five miles per hour at such location within one hundred	617
fifty days of February 29, 1996. Such speed limit becomes	618
effective only when such signs are erected at the location. A	619
speed limit established through the operation of division (L)(3)	620
of this section is subject to reduction under division (I)(2) of	621
this section.	622

(M) Within three hundred sixty days after February 29, 1996,	623
the director of transportation, based upon a geometric and traffic	624
characteristic study of a rural, divided, multi-lane highway that	625
has been designated as part of the national highway system under	626
the "National Highway System Designation Act of 1995," 109 Stat.	627
568, 23 U.S.C.A. 103, in consultation with the director of public	628
safety and, if applicable, the local authority having jurisdiction	629
over a portion of the highway, may determine and declare that the	630
speed limit of less than sixty-five miles per hour established on	631
the highway or portion of highway either is reasonable and safe or	632
is less than that which is reasonable and safe.	633

If the established speed limit for the highway or portion of	634
highway is determined to be less than that which is reasonable and	635
safe, the director of transportation, in consultation with the	636
director of public safety and, if applicable, the local authority	637
having jurisdiction over the portion of highway, shall determine	638
and declare a reasonable and safe speed limit of not more than	639
sixty-five miles per hour for that highway or portion of highway.	640
The director of transportation or local authority having	641
jurisdiction over the highway or portion of highway shall erect	642
appropriate signs giving notice of the speed limit at such	643
location within three hundred ninety days after February 29, 1996.	644
The speed limit becomes effective only when such signs are erected	645
at the location.	646

(N)(1)(a) If the boundary of two local authorities rests on	647
the centerline of a highway and both authorities have jurisdiction	648
over the highway, the speed limit for the part of the highway	649
within their joint jurisdiction shall be either one of the	650
following as agreed to by both authorities:	651

(i) Either prima-facie speed limit permitted by division (B)	652
of this section;	653

(ii) An altered speed limit determined and posted in	654
accordance with this section.	655

(b) If the local authorities are unable to reach an	656
agreement, the speed limit shall remain as established and posted	657
under this section.	658

(2) Neither local authority may declare an altered	659
prima-facie speed limit pursuant to this section on the part of	660
the highway under their joint jurisdiction unless both of the	661
local authorities determine, upon the basis of an engineering and	662
traffic investigation, that the speed permitted by this section is	663
greater than is reasonable or safe under the conditions found to	664
exist at the location and both authorities agree upon a uniform	665
reasonable and safe prima-facie speed limit of less than	666
fifty-five but not less than twenty-five miles per hour for that	667
location. If both authorities so agree, each shall follow the	668
procedure specified in this section for altering the prima-facie	669
speed limit on the highway, and the speed limit for the part of	670
the highway within their joint jurisdiction shall be uniformly	671
altered. No altered speed limit may be withdrawn unless both local	672
authorities determine that the altered prima-facie speed limit	673
previously adopted becomes unreasonable and each adopts a	674
resolution withdrawing the altered prima-facie speed limit	675
pursuant to the procedure specified in this section.	676

(O) As used in this section:

677

(1) "Interstate system" has the same meaning as in 23	678
U.S.C.A. 101.	679

(2) "Commercial bus" means a motor vehicle designed for	680
carrying more than nine passengers and used for the transportation	681
of persons for compensation.	682

(3) "Noncommercial bus" includes but is not limited to a	683
school bus or a motor vehicle operated solely for the	684
transportation of persons associated with a charitable or	685
nonprofit organization.	686

(P)(1) A violation of any provision of this section is one of	687
the following:	688

(a) Except as otherwise provided in divisions (P)(1)(b),	689
(1)(c), (2), and (3) of this section, a minor misdemeanor;	690

(b) If, within one year of the offense, the offender	691
previously has been convicted of or pleaded guilty to two	692
violations of any provision of this section or of any provision of	693
a municipal ordinance that is substantially similar to any	694
provision of this section, a misdemeanor of the fourth degree;	695

(c) If, within one year of the offense, the offender	696
previously has been convicted of or pleaded guilty to three or	697
more violations of any provision of this section or of any	698
provision of a municipal ordinance that is substantially similar	699
to any provision of this section, a misdemeanor of the third	700
degree.	701

(2) If the offender has not previously been convicted of or	702
pleaded guilty to a violation of any provision of this section or	703
of any provision of a municipal ordinance that is substantially	704
similar to this section and operated a motor vehicle faster than	705
thirty-five miles an hour in a business district of a municipal	706
corporation, faster than fifty miles an hour in other portions of	707
a municipal corporation, or faster than thirty-five miles an hour	708
in a school zone during recess or while children are going to or	709
leaving school during the school's opening or closing hours, a	710
misdemeanor of the fourth degree.	711

(3) Notwithstanding division (P)(1) of this section, if the	712
offender operated a motor vehicle in a construction zone where a	713
sign was then posted in accordance with section 4511.98 of the	714
Revised Code, the court, in addition to all other penalties	715
provided by law, shall impose upon the offender a fine of two	716
times the usual amount imposed for the violation. No court shall	717
impose a fine of two times the usual amount imposed for the	718
violation upon an offender if the offender alleges, in an	719
affidavit filed with the court prior to the offender's sentencing,	720
that the offender is indigent and is unable to pay the fine	721
imposed pursuant to this division and if the court determines that	722
the offender is an indigent person and unable to pay the fine.	723

(4)(a) If the offender's violation of division (A) of this	724
section resulted in serious physical harm to another person, the	725
court, in addition to any penalty the court imposes upon the	726
offender pursuant to division (P)(1) of this section and	727
notwithstanding section 2929.28 of the Revised Code, shall impose	728
a fine of not more than five hundred dollars. The court also shall	729
impose a class eight license suspension of the offender's driver's	730
license, commercial driver's license, temporary instruction	731
permit, probationary license, or nonresident operating privilege	732
from the range specified in division (A)(8) of section 4510.02 of	733
the Revised Code. The court also shall assess at least two, and	734
may assess three or four, points against the offender's driver's	735
license, commercial driver's license, temporary instruction	736
permit, probationary license, or nonresident operating privilege.	737
The court shall notify the registrar of motor vehicles of the	738
number of points assessed in accordance with sections 4510.03 to	739
4510.036 of the Revised Code.	740

The court shall forward the first twenty-five dollars of any	741
fine collected under division (P)(4)(a) of this section to the	742
treasurer of state for deposit into the highway safety education	743
fund created by section 4501.20 of the Revised Code.	744

(b) If the offender's violation of division (A) of this	745
section resulted in the death of another person, the court, in	746
addition to any penalty the court imposes upon the offender	747
pursuant to division (P)(1) of this section and notwithstanding	748
section 2929.28 of the Revised Code, shall impose a fine of not	749
more than one thousand dollars. The court also shall impose a	750
class seven license suspension of the offender's driver's license,	751
commercial driver's license, temporary instruction permit,	752
probationary license, or nonresident operating privilege from the	753
range specified in division (A)(7) of section 4510.02 of the	754
Revised Code. The court also shall assess at least two, and may	755
assess three, four, five, or six, points against the offender's	756
driver's license, commercial driver's license, temporary	757
instruction permit, probationary license, or nonresident operating	758
privilege. The court shall notify the registrar of the number of	759
points assessed in accordance with sections 4510.03 to 4510.036 of	760
the Revised Code.	761

The court shall forward the first fifty dollars of any fine	762
collected under division (P)(4)(b) of this section to the	763
treasurer of state for deposit into the highway safety education	764
fund created by section 4501.20 of the Revised Code.	765

Sec. 4511.33.  (A) Whenever any roadway has been divided into	766
two or more clearly marked lanes for traffic, or wherever within	767
municipal corporations traffic is lawfully moving in two or more	768
substantially continuous lines in the same direction, the	769
following rules apply:	770

(1) A vehicle or trackless trolley shall be driven, as nearly	771
as is practicable, entirely within a single lane or line of	772
traffic and shall not be moved from such lane or line until the	773
driver has first ascertained that such movement can be made with	774
safety.	775

(2) Upon a roadway which is divided into three lanes and	776
provides for two-way movement of traffic, a vehicle or trackless	777
trolley shall not be driven in the center lane except when	778
overtaking and passing another vehicle or trackless trolley where	779
the roadway is clearly visible and such center lane is clear of	780
traffic within a safe distance, or when preparing for a left turn,	781
or where such center lane is at the time allocated exclusively to	782
traffic moving in the direction the vehicle or trackless trolley	783
is proceeding and is posted with signs to give notice of such	784
allocation.	785

(3) Official signs may be erected directing specified traffic	786
to use a designated lane or designating those lanes to be used by	787
traffic moving in a particular direction regardless of the center	788
of the roadway, or restricting the use of a particular lane to	789
only buses during certain hours or during all hours, and drivers	790
of vehicles and trackless trolleys shall obey the directions of	791
such signs.	792

(4) Official traffic control devices may be installed	793
prohibiting the changing of lanes on sections of roadway and	794
drivers of vehicles shall obey the directions of every such	795
device.	796

(B)(1) Except as otherwise provided in this division (B)(1)	797
of this section, whoever violates this section is guilty of a	798
minor misdemeanor. If, within one year of the offense, the	799
offender previously has been convicted of or pleaded guilty to one	800
predicate motor vehicle or traffic offense, whoever violates this	801
section is guilty of a misdemeanor of the fourth degree. If,	802
within one year of the offense, the offender previously has been	803
convicted of two or more predicate motor vehicle or traffic	804
offenses, whoever violates this section is guilty of a misdemeanor	805
of the third degree.	806

(2) If the offender's violation of division (A) of this	807
section resulted in serious physical harm to another person, the	808
court, in addition to any penalty the court imposes upon the	809
offender pursuant to division (B)(1) of this section and	810
notwithstanding section 2929.28 of the Revised Code, shall impose	811
a fine of not more than five hundred dollars. The court also shall	812
impose a class eight license suspension of the offender's driver's	813
license, commercial driver's license, temporary instruction	814
permit, probationary license, or nonresident operating privilege	815
from the range specified in division (A)(8) of section 4510.02 of	816
the Revised Code. The court also shall assess at least two, and	817
may assess three or four, points against the offender's driver's	818
license, commercial driver's license, temporary instruction	819
permit, probationary license, or nonresident operating privilege.	820
The court shall notify the registrar of motor vehicles of the	821
number of points assessed in accordance with sections 4510.03 to	822
4510.036 of the Revised Code.	823

The court shall forward the first twenty-five dollars of any	824
fine collected under division (B)(2) of this section to the	825
treasurer of state for deposit into the highway safety education	826
fund created by section 4501.20 of the Revised Code.	827

(3) If the offender's violation of division (A) of this	828
section resulted in the death of another person, the court, in	829
addition to any penalty the court imposes upon the offender	830
pursuant to division (B)(1) of this section and notwithstanding	831
section 2929.28 of the Revised Code, shall impose a fine of not	832
more than one thousand dollars. The court also shall impose a	833
class seven license suspension of the offender's driver's license,	834
commercial driver's license, temporary instruction permit,	835
probationary license, or nonresident operating privilege from the	836
range specified in division (A)(7) of section 4510.02 of the	837
Revised Code. The court also shall assess at least two, and may	838
assess three, four, five, or six, points against the offender's	839
driver's license, commercial driver's license, temporary	840
instruction permit, probationary license, or nonresident operating	841
privilege. The court shall notify the registrar of the number of	842
points assessed in accordance with sections 4510.03 to 4510.036 of	843
the Revised Code.	844

The court shall forward the first fifty dollars of any fine	845
collected under division (B)(3) of this section to the treasurer	846
of state for deposit into the highway safety education fund	847
created by section 4501.20 of the Revised Code.	848

Sec. 4511.41.  (A) When two vehicles, including any trackless	849
trolley or streetcar, approach or enter an intersection from	850
different streets or highways at approximately the same time, the	851
driver of the vehicle on the left shall yield the right-of-way to	852
the vehicle on the right.	853

(B) The right-of-way rule declared in division (A) of this	854
section is modified at through highways and otherwise as stated in	855
Chapter 4511. of the Revised Code.	856

(C)(1) Except as otherwise provided in this division (C)(1)	857
of this section, whoever violates this section is guilty of a	858
minor misdemeanor. If, within one year of the offense, the	859
offender previously has been convicted of or pleaded guilty to one	860
predicate motor vehicle or traffic offense, whoever violates this	861
section is guilty of a misdemeanor of the fourth degree. If,	862
within one year of the offense, the offender previously has been	863
convicted of two or more predicate motor vehicle or traffic	864
offenses, whoever violates this section is guilty of a misdemeanor	865
of the third degree.	866

(2) If the offender's violation of division (A) of this	867
section resulted in serious physical harm to another person, the	868
court, in addition to any penalty the court imposes upon the	869
offender pursuant to division (C)(1) of this section and	870
notwithstanding section 2929.28 of the Revised Code, shall impose	871
a fine of not more than five hundred dollars. The court also shall	872
impose a class eight license suspension of the offender's driver's	873
license, commercial driver's license, temporary instruction	874
permit, probationary license, or nonresident operating privilege	875
from the range specified in division (A)(8) of section 4510.02 of	876
the Revised Code. The court also shall assess at least two, and	877
may assess three or four, points against the offender's driver's	878
license, commercial driver's license, temporary instruction	879
permit, probationary license, or nonresident operating privilege.	880
The court shall notify the registrar of motor vehicles of the	881
number of points assessed in accordance with sections 4510.03 to	882
4510.036 of the Revised Code.	883

The court shall forward the first twenty-five dollars of any	884
fine collected under division (C)(2) of this section to the	885
treasurer of state for deposit into the highway safety education	886
fund created by section 4501.20 of the Revised Code.	887

(3) If the offender's violation of division (A) of this	888
section resulted in the death of another person, the court, in	889
addition to any penalty the court imposes upon the offender	890
pursuant to division (C)(1) of this section and notwithstanding	891
section 2929.28 of the Revised Code, shall impose a fine of not	892
more than one thousand dollars. The court also shall impose a	893
class seven license suspension of the offender's driver's license,	894
commercial driver's license, temporary instruction permit,	895
probationary license, or nonresident operating privilege from the	896
range specified in division (A)(7) of section 4510.02 of the	897
Revised Code. The court also shall assess at least two, and may	898
assess three, four, five, or six, points against the offender's	899
driver's license, commercial driver's license, temporary	900
instruction permit, probationary license, or nonresident operating	901
privilege. The court shall notify the registrar of the number of	902
points assessed in accordance with sections 4510.03 to 4510.036 of	903
the Revised Code.	904

The court shall forward the first fifty dollars of any fine	905
collected under division (C)(3) of this section to the treasurer	906
of state for deposit into the highway safety education fund	907
created by section 4501.20 of the Revised Code.	908

Sec. 4511.42.  (A) The operator of a vehicle, streetcar, or	909
trackless trolley intending to turn to the left within an	910
intersection or into an alley, private road, or driveway shall	911
yield the right of way to any vehicle, streetcar, or trackless	912
trolley approaching from the opposite direction, whenever the	913
approaching vehicle, streetcar, or trackless trolley is within the	914
intersection or so close to the intersection, alley, private road,	915
or driveway as to constitute an immediate hazard.	916

(B)(1) Except as otherwise provided in this division (B)(1)	917
of this section, whoever violates this section is guilty of a	918
minor misdemeanor. If, within one year of the offense, the	919
offender previously has been convicted of or pleaded guilty to one	920
predicate motor vehicle or traffic offense, whoever violates this	921
section is guilty of a misdemeanor of the fourth degree. If,	922
within one year of the offense, the offender previously has been	923
convicted of two or more predicate motor vehicle or traffic	924
offenses, whoever violates this section is guilty of a misdemeanor	925
of the third degree.	926

(2) If the offender's violation of division (A) of this	927
section resulted in serious physical harm to another person, the	928
court, in addition to any penalty the court imposes upon the	929
offender pursuant to division (B)(1) of this section and	930
notwithstanding section 2929.28 of the Revised Code, shall impose	931
a fine of not more than five hundred dollars. The court also shall	932
impose a class eight license suspension of the offender's driver's	933
license, commercial driver's license, temporary instruction	934
permit, probationary license, or nonresident operating privilege	935
from the range specified in division (A)(8) of section 4510.02 of	936
the Revised Code. The court also shall assess at least two, and	937
may assess three or four, points against the offender's driver's	938
license, commercial driver's license, temporary instruction	939
permit, probationary license, or nonresident operating privilege.	940
The court shall notify the registrar of motor vehicles of the	941
number of points assessed in accordance with sections 4510.03 to	942
4510.036 of the Revised Code.	943

The court shall forward the first twenty-five dollars of any	944
fine collected under division (B)(2) of this section to the	945
treasurer of state for deposit into the highway safety education	946
fund created by section 4501.20 of the Revised Code.	947

(3) If the offender's violation of division (A) of this	948
section resulted in the death of another person, the court, in	949
addition to any penalty the court imposes upon the offender	950
pursuant to division (B)(1) of this section and notwithstanding	951
section 2929.28 of the Revised Code, shall impose a fine of not	952
more than one thousand dollars. The court also shall impose a	953
class seven license suspension of the offender's driver's license,	954
commercial driver's license, temporary instruction permit,	955
probationary license, or nonresident operating privilege from the	956
range specified in division (A)(7) of section 4510.02 of the	957
Revised Code. The court also shall assess at least two, and may	958
assess three, four, five, or six, points against the offender's	959
driver's license, commercial driver's license, temporary	960
instruction permit, probationary license, or nonresident operating	961
privilege. The court shall notify the registrar of the number of	962
points assessed in accordance with sections 4510.03 to 4510.036 of	963
the Revised Code.	964

The court shall forward the first fifty dollars of any fine	965
collected under division (B)(3) of this section to the treasurer	966
of state for deposit into the highway safety education fund	967
created by section 4501.20 of the Revised Code.	968

Sec. 4511.43.  (A) Except when directed to proceed by a law	969
enforcement officer, every driver of a vehicle or trackless	970
trolley approaching a stop sign shall stop at a clearly marked	971
stop line, but if none, before entering the crosswalk on the near	972
side of the intersection, or, if none, then at the point nearest	973
the intersecting roadway where the driver has a view of	974
approaching traffic on the intersecting roadway before entering	975
it. After having stopped, the driver shall yield the right-of-way	976
to any vehicle in the intersection or approaching on another	977
roadway so closely as to constitute an immediate hazard during the	978
time the driver is moving across or within the intersection or	979
junction of roadways.	980

(B) The driver of a vehicle or trackless trolley approaching	981
a yield sign shall slow down to a speed reasonable for the	982
existing conditions and, if required for safety to stop, shall	983
stop at a clearly marked stop line, but if none, before entering	984
the crosswalk on the near side of the intersection, or, if none,	985
then at the point nearest the intersecting roadway where the	986
driver has a view of approaching traffic on the intersecting	987
roadway before entering it. After slowing or stopping, the driver	988
shall yield the right-of-way to any vehicle or trackless trolley	989
in the intersection or approaching on another roadway so closely	990
as to constitute an immediate hazard during the time the driver is	991
moving across or within the intersection or junction of roadways.	992
Whenever a driver is involved in a collision with a vehicle or	993
trackless trolley in the intersection or junction of roadways,	994
after driving past a yield sign without stopping, the collision	995
shall be prima-facie evidence of the driver's failure to yield the	996
right-of-way.	997

(C)(1) Except as otherwise provided in this division (C)(1)	998
of this section, whoever violates this section is guilty of a	999
minor misdemeanor. If, within one year of the offense, the	1000
offender previously has been convicted of or pleaded guilty to one	1001
predicate motor vehicle or traffic offense, whoever violates this	1002
section is guilty of a misdemeanor of the fourth degree. If,	1003
within one year of the offense, the offender previously has been	1004
convicted of two or more predicate motor vehicle or traffic	1005
offenses, whoever violates this section is guilty of a misdemeanor	1006
of the third degree.	1007

(2) If the offender's violation of division (A) or (B) of	1008
this section resulted in serious physical harm to another person,	1009
the court, in addition to any penalty the court imposes upon the	1010
offender pursuant to division (C)(1) of this section and	1011
notwithstanding section 2929.28 of the Revised Code, shall impose	1012
a fine of not more than five hundred dollars. The court also shall	1013
impose a class eight license suspension of the offender's driver's	1014
license, commercial driver's license, temporary instruction	1015
permit, probationary license, or nonresident operating privilege	1016
from the range specified in division (A)(8) of section 4510.02 of	1017
the Revised Code. The court also shall assess at least two, and	1018
may assess three or four, points against the offender's driver's	1019
license, commercial driver's license, temporary instruction	1020
permit, probationary license, or nonresident operating privilege.	1021
The court shall notify the registrar of motor vehicles of the	1022
number of points assessed in accordance with sections 4510.03 to	1023
4510.036 of the Revised Code.	1024

The court shall forward the first twenty-five dollars of any	1025
fine collected under division (C)(2) of this section to the	1026
treasurer of state for deposit into the highway safety education	1027
fund created by section 4501.20 of the Revised Code.	1028

(3) If the offender's violation of division (A) or (B) of	1029
this section resulted in the death of another person, the court,	1030
in addition to any penalty the court imposes upon the offender	1031
pursuant to division (C)(1) of this section and notwithstanding	1032
section 2929.28 of the Revised Code, shall impose a fine of not	1033
more than one thousand dollars. The court also shall impose a	1034
class seven license suspension of the offender's driver's license,	1035
commercial driver's license, temporary instruction permit,	1036
probationary license, or nonresident operating privilege from the	1037
range specified in division (A)(7) of section 4510.02 of the	1038
Revised Code. The court also shall assess at least two, and may	1039
assess three, four, five, or six, points against the offender's	1040
driver's license, commercial driver's license, temporary	1041
instruction permit, probationary license, or nonresident operating	1042
privilege. The court shall notify the registrar of the number of	1043
points assessed in accordance with sections 4510.03 to 4510.036 of	1044
the Revised Code.	1045

The court shall forward the first fifty dollars of any fine	1046
collected under division (C)(3) of this section to the treasurer	1047
of state for deposit into the highway safety education fund	1048
created by section 4501.20 of the Revised Code.	1049

Sec. 4511.431.  (A) The driver of a vehicle or trackless	1050
trolley emerging from an alley, building, private road, or	1051
driveway within a business or residence district shall stop the	1052
vehicle or trackless trolley immediately prior to driving onto a	1053
sidewalk or onto the sidewalk area extending across the alley,	1054
building entrance, road, or driveway, or in the event there is no	1055
sidewalk area, shall stop at the point nearest the street to be	1056
entered where the driver has a view of approaching traffic	1057
thereon.	1058

(B)(1) Except as otherwise provided in this division (B)(1)	1059
of this section, whoever violates this section is guilty of a	1060
minor misdemeanor. If, within one year of the offense, the	1061
offender previously has been convicted of or pleaded guilty to one	1062
predicate motor vehicle or traffic offense, whoever violates this	1063
section is guilty of a misdemeanor of the fourth degree. If,	1064
within one year of the offense, the offender previously has been	1065
convicted of two or more predicate motor vehicle or traffic	1066
offenses, whoever violates this section is guilty of a misdemeanor	1067
of the third degree.	1068

(2) If the offender's violation of division (A) of this	1069
section resulted in serious physical harm to another person, the	1070
court, in addition to any penalty the court imposes upon the	1071
offender pursuant to division (B)(1) of this section and	1072
notwithstanding section 2929.28 of the Revised Code, shall impose	1073
a fine of not more than five hundred dollars. The court also shall	1074
impose a class eight license suspension of the offender's driver's	1075
license, commercial driver's license, temporary instruction	1076
permit, probationary license, or nonresident operating privilege	1077
from the range specified in division (A)(8) of section 4510.02 of	1078
the Revised Code. The court also shall assess at least two, and	1079
may assess three or four, points against the offender's driver's	1080
license, commercial driver's license, temporary instruction	1081
permit, probationary license, or nonresident operating privilege.	1082
The court shall notify the registrar of motor vehicles of the	1083
number of points assessed in accordance with sections 4510.03 to	1084
4510.036 of the Revised Code.	1085

The court shall forward the first twenty-five dollars of any	1086
fine collected under division (B)(2) of this section to the	1087
treasurer of state for deposit into the highway safety education	1088
fund created by section 4501.20 of the Revised Code.	1089

(3) If the offender's violation of division (A) of this	1090
section resulted in the death of another person, the court, in	1091
addition to any penalty the court imposes upon the offender	1092
pursuant to division (B)(1) of this section and notwithstanding	1093
section 2929.28 of the Revised Code, shall impose a fine of not	1094
more than one thousand dollars. The court also shall impose a	1095
class seven license suspension of the offender's driver's license,	1096
commercial driver's license, temporary instruction permit,	1097
probationary license, or nonresident operating privilege from the	1098
range specified in division (A)(7) of section 4510.02 of the	1099
Revised Code. The court also shall assess at least two, and may	1100
assess three, four, five, or six, points against the offender's	1101
driver's license, commercial driver's license, temporary	1102
instruction permit, probationary license, or nonresident operating	1103
privilege. The court shall notify the registrar of the number of	1104
points assessed in accordance with sections 4510.03 to 4510.036 of	1105
the Revised Code.	1106

The court shall forward the first fifty dollars of any fine	1107
collected under division (B)(3) of this section to the treasurer	1108
of state for deposit into the highway safety education fund	1109
created by section 4501.20 of the Revised Code.	1110

Sec. 4511.44.  (A) The operator of a vehicle, streetcar, or	1111
trackless trolley about to enter or cross a highway from any place	1112
other than another roadway shall yield the right of way to all	1113
traffic approaching on the roadway to be entered or crossed.	1114

(B)(1) Except as otherwise provided in this division (B)(1)	1115
of this section, whoever violates this section is guilty of a	1116
minor misdemeanor. If, within one year of the offense, the	1117
offender previously has been convicted of or pleaded guilty to one	1118
predicate motor vehicle or traffic offense, whoever violates this	1119
section is guilty of a misdemeanor of the fourth degree. If,	1120
within one year of the offense, the offender previously has been	1121
convicted of two or more predicate motor vehicle or traffic	1122
offenses, whoever violates this section is guilty of a misdemeanor	1123
of the third degree.	1124

(2) If the offender's violation of division (A) of this	1125
section resulted in serious physical harm to another person, the	1126
court, in addition to any penalty the court imposes upon the	1127
offender pursuant to division (B)(1) of this section and	1128
notwithstanding section 2929.28 of the Revised Code, shall impose	1129
a fine of not more than five hundred dollars. The court also shall	1130
impose a class eight license suspension of the offender's driver's	1131
license, commercial driver's license, temporary instruction	1132
permit, probationary license, or nonresident operating privilege	1133
from the range specified in division (A)(8) of section 4510.02 of	1134
the Revised Code. The court also shall assess at least two, and	1135
may assess three or four, points against the offender's driver's	1136
license, commercial driver's license, temporary instruction	1137
permit, probationary license, or nonresident operating privilege.	1138
The court shall notify the registrar of motor vehicles of the	1139
number of points assessed in accordance with sections 4510.03 to	1140
4510.036 of the Revised Code.	1141

The court shall forward the first twenty-five dollars of any	1142
fine collected under division (B)(2) of this section to the	1143
treasurer of state for deposit into the highway safety education	1144
fund created by section 4501.20 of the Revised Code.	1145

(3) If the offender's violation of division (A) of this	1146
section resulted in the death of another person, the court, in	1147
addition to any penalty the court imposes upon the offender	1148
pursuant to division (B)(1) of this section and notwithstanding	1149
section 2929.28 of the Revised Code, shall impose a fine of not	1150
more than one thousand dollars. The court also shall impose a	1151
class seven license suspension of the offender's driver's license,	1152
commercial driver's license, temporary instruction permit,	1153
probationary license, or nonresident operating privilege from the	1154
range specified in division (A)(7) of section 4510.02 of the	1155
Revised Code. The court also shall assess at least two, and may	1156
assess three, four, five, or six, points against the offender's	1157
driver's license, commercial driver's license, temporary	1158
instruction permit, probationary license, or nonresident operating	1159
privilege. The court shall notify the registrar of the number of	1160
points assessed in accordance with sections 4510.03 to 4510.036 of	1161
the Revised Code.	1162

The court shall forward the first fifty dollars of any fine	1163
collected under division (B)(3) of this section to the treasurer	1164
of state for deposit into the highway safety education fund	1165
created by section 4501.20 of the Revised Code.	1166

Sec. 4511.441.  (A) The driver of a vehicle shall yield the	1167
right-of-way to any pedestrian on a sidewalk.	1168

(B)(1) Except as otherwise provided in this division (B)(1)	1169
of this section, whoever violates this section is guilty of a	1170
minor misdemeanor. If, within one year of the offense, the	1171
offender previously has been convicted of or pleaded guilty to one	1172
predicate motor vehicle or traffic offense, whoever violates this	1173
section is guilty of a misdemeanor of the fourth degree. If,	1174
within one year of the offense, the offender previously has been	1175
convicted of two or more predicate motor vehicle or traffic	1176
offenses, whoever violates this section is guilty of a misdemeanor	1177
of the third degree.	1178

(2) If the offender's violation of division (A) of this	1179
section resulted in serious physical harm to another person, the	1180
court, in addition to any penalty the court imposes upon the	1181
offender pursuant to division (B)(1) of this section and	1182
notwithstanding section 2929.28 of the Revised Code, shall impose	1183
a fine of not more than five hundred dollars. The court also shall	1184
impose a class eight license suspension of the offender's driver's	1185
license, commercial driver's license, temporary instruction	1186
permit, probationary license, or nonresident operating privilege	1187
from the range specified in division (A)(8) of section 4510.02 of	1188
the Revised Code. The court also shall assess at least two, and	1189
may assess three or four, points against the offender's driver's	1190
license, commercial driver's license, temporary instruction	1191
permit, probationary license, or nonresident operating privilege.	1192
The court shall notify the registrar of motor vehicles of the	1193
number of points assessed in accordance with sections 4510.03 to	1194
4510.036 of the Revised Code.	1195

The court shall forward the first twenty-five dollars of any	1196
fine collected under division (B)(2) of this section to the	1197
treasurer of state for deposit into the highway safety education	1198
fund created by section 4501.20 of the Revised Code.	1199

(3) If the offender's violation of division (A) of this	1200
section resulted in the death of another person, the court, in	1201
addition to any penalty the court imposes upon the offender	1202
pursuant to division (B)(1) of this section and notwithstanding	1203
section 2929.28 of the Revised Code, shall impose a fine of not	1204
more than one thousand dollars. The court also shall impose a	1205
class seven license suspension of the offender's driver's license,	1206
commercial driver's license, temporary instruction permit,	1207
probationary license, or nonresident operating privilege from the	1208
range specified in division (A)(7) of section 4510.02 of the	1209
Revised Code. The court also shall assess at least two, and may	1210
assess three, four, five, or six, points against the offender's	1211
driver's license, commercial driver's license, temporary	1212
instruction permit, probationary license, or nonresident operating	1213
privilege. The court shall notify the registrar of the number of	1214
points assessed in accordance with sections 4510.03 to 4510.036 of	1215
the Revised Code.	1216

The court shall forward the first fifty dollars of any fine	1217
collected under division (B)(3) of this section to the treasurer	1218
of state for deposit into the highway safety education fund	1219
created by section 4501.20 of the Revised Code.	1220

Sec. 4511.45.  (A)(1) Upon the approach of a public safety	1221
vehicle or coroner's vehicle, equipped with at least one flashing,	1222
rotating or oscillating light visible under normal atmospheric	1223
conditions from a distance of five hundred feet to the front of	1224
the vehicle and the driver is giving an audible signal by siren,	1225
exhaust whistle, or bell, no driver of any other vehicle shall	1226
fail to yield the right-of-way, immediately drive if practical to	1227
a position parallel to, and as close as possible to, the right	1228
edge or curb of the highway clear of any intersection, and stop	1229
and remain 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

(2) Upon the approach of a public safety vehicle or coroner's	1233
vehicle, as stated in division (A)(1) of this section, no operator	1234
of any streetcar or trackless trolley shall fail to immediately	1235
stop the streetcar or trackless trolley clear of any intersection	1236
and keep it in that position until the public safety vehicle or	1237
coroner's vehicle has passed, except when otherwise directed by a	1238
police officer.	1239

(B) This section does not relieve the driver of a public	1240
safety vehicle or coroner's vehicle from the duty to drive with	1241
due regard for the safety of all persons and property upon the	1242
highway.	1243

(C) This section applies to a coroner's vehicle only when the	1244
vehicle is operated in accordance with section 4513.171 of the	1245
Revised Code. As used in this section, "coroner's vehicle" means a	1246
vehicle used by a coroner, deputy coroner, or coroner's	1247
investigator that is equipped with a flashing, oscillating, or	1248
rotating red or blue light and a siren, exhaust whistle, or bell	1249
capable of giving an audible signal.	1250

(D)(1) Except as otherwise provided in this division (D)(1)	1251
of this section, whoever violates division (A)(1) or (2) of this	1252
section is guilty of a misdemeanor of the fourth degree on a first	1253
offense. On a second offense within one year after the first	1254
offense, the person is guilty of a misdemeanor of the third	1255
degree, and, on each subsequent offense within one year after the	1256
first offense, the person is guilty of a misdemeanor of the second	1257
degree.	1258

(2)(a) If the offender's violation of division (A)(1) or (2)	1259
of this section resulted in serious physical harm to another	1260
person and the offender, within one year of the offense, has been	1261
convicted of or pleaded guilty to one or fewer violations of	1262
division (A)(1) or (2) of this section, the court, in addition to	1263
any penalty the court imposes upon the offender pursuant to	1264
division (D)(1) of this section and notwithstanding section	1265
2929.28 of the Revised Code, shall impose a fine of not more than	1266
five hundred dollars. The court also shall impose a class eight	1267
license suspension of the offender's driver's license, commercial	1268
driver's license, temporary instruction permit, probationary	1269
license, or nonresident operating privilege from the range	1270
specified in division (A)(8) of section 4510.02 of the Revised	1271
Code. The court also shall assess at least two, and may assess	1272
three or four, points against the offender's driver's license,	1273
commercial driver's license, temporary instruction permit,	1274
probationary license, or nonresident operating privilege. The	1275
court shall notify the registrar of motor vehicles of the number	1276
of points assessed in accordance with sections 4510.03 to 4510.036	1277
of the Revised Code.	1278

The court shall forward the first twenty-five dollars of any	1279
fine collected under division (D)(2)(a) of this section to the	1280
treasurer of state for deposit into the highway safety education	1281
fund created by section 4501.20 of the Revised Code.	1282

(b) If the offender's violation of division (A)(1) or (2) of	1283
this section resulted in serious physical harm to another person	1284
and the offender, within one year of the offense, has been	1285
convicted of or pleaded guilty to two or more violations of	1286
division (A)(1) or (2) of this section, the court shall impose a	1287
fine of not more than seven hundred fifty dollars. The court also	1288
shall impose a class eight license suspension of the offender's	1289
driver's license, commercial driver's license, temporary	1290
instruction permit, probationary license, or nonresident operating	1291
privilege from the range specified in division (A)(8) of section	1292
4510.02 of the Revised Code. The court also shall assess at least	1293
two, and may assess three or four, points against the offender's	1294
driver's license, commercial driver's license, temporary	1295
instruction permit, probationary license, or nonresident operating	1296
privilege. The court shall notify the registrar of motor vehicles	1297
of the number of points assessed in accordance with sections	1298
4510.03 to 4510.036 of the Revised Code.	1299

The court shall forward the first thirty-eight dollars of any	1300
fine collected under division (D)(2)(b) of this section to the	1301
treasurer of state for deposit into the highway safety education	1302
fund created by section 4501.20 of the Revised Code.	1303

(3) If the offender's violation of division (A)(1) or (2) of	1304
this section resulted in the death of another person, the court,	1305
in addition to any penalty the court imposes upon the offender	1306
pursuant to division (D)(1) of this section and notwithstanding	1307
section 2929.28 of the Revised Code, shall impose a fine of not	1308
more than one thousand dollars. The court also shall impose a	1309
class seven license suspension of the offender's driver's license,	1310
commercial driver's license, temporary instruction permit,	1311
probationary license, or nonresident operating privilege from the	1312
range specified in division (A)(7) of section 4510.02 of the	1313
Revised Code. The court also shall assess at least two, and may	1314
assess three, four, five, or six, points against the offender's	1315
driver's license, commercial driver's license, temporary	1316
instruction permit, probationary license, or nonresident operating	1317
privilege. The court shall notify the registrar of the number of	1318
points assessed in accordance with sections 4510.03 to 4510.036 of	1319
the Revised Code.	1320

The court shall forward the first fifty dollars of any fine	1321
collected under division (D)(3) of this section to the treasurer	1322
of state for deposit into the highway safety education fund	1323
created by section 4501.20 of the Revised Code.	1324

Sec. 4511.451.  (A) As used in this section, "funeral	1325
procession" means two or more vehicles accompanying the cremated	1326
remains or the body of a deceased person in the daytime when each	1327
of the vehicles has its headlights lighted and is displaying a	1328
purple and white or an orange and white pennant attached to each	1329
vehicle in such a manner as to be clearly visible to traffic	1330
approaching from any direction.	1331

(B) Excepting public safety vehicles proceeding in accordance	1332
with section 4511.45 of the Revised Code or when directed	1333
otherwise by a police officer, pedestrians and the operators of	1334
all vehicles, street cars, and trackless trolleys shall yield the	1335
right of way to each vehicle that is a part of a funeral	1336
procession. Whenever the lead vehicle in a funeral procession	1337
lawfully enters an intersection, the remainder of the vehicles in	1338
the procession may continue to follow the lead vehicle through the	1339
intersection notwithstanding any traffic control devices or right	1340
of way provisions of the Revised Code, provided that the operator	1341
of each vehicle exercises due care to avoid colliding with any	1342
other vehicle or pedestrian.	1343

(C) No person shall operate any vehicle as a part of a	1344
funeral procession without having the headlights of the vehicle	1345
lighted and without displaying a purple and white or an orange and	1346
white pennant in such a manner as to be clearly visible to traffic	1347
approaching from any direction.	1348

(D)(1) Except as otherwise provided in this division (D)(1)	1349
of this section, whoever violates this section is guilty of a	1350
minor misdemeanor. If, within one year of the offense, the	1351
offender previously has been convicted of or pleaded guilty to one	1352
predicate motor vehicle or traffic offense, whoever violates this	1353
section is guilty of a misdemeanor of the fourth degree. If,	1354
within one year of the offense, the offender previously has been	1355
convicted of two or more predicate motor vehicle or traffic	1356
offenses, whoever violates this section is guilty of a misdemeanor	1357
of the third degree.	1358

(2) If the offender's violation of division (B) of this	1359
section resulted in serious physical harm to another person, the	1360
court, in addition to any penalty the court imposes upon the	1361
offender pursuant to division (D)(1) of this section and	1362
notwithstanding section 2929.28 of the Revised Code, shall impose	1363
a fine of not more than five hundred dollars. The court also shall	1364
impose a class eight license suspension of the offender's driver's	1365
license, commercial driver's license, temporary instruction	1366
permit, probationary license, or nonresident operating privilege	1367
from the range specified in division (A)(8) of section 4510.02 of	1368
the Revised Code. The court also shall assess at least two, and	1369
may assess three or four, points against the offender's driver's	1370
license, commercial driver's license, temporary instruction	1371
permit, probationary license, or nonresident operating privilege.	1372
The court shall notify the registrar of motor vehicles of the	1373
number of points assessed in accordance with sections 4510.03 to	1374
4510.036 of the Revised Code.	1375

The court shall forward the first twenty-five dollars of any	1376
fine collected under division (D)(2) of this section to the	1377
treasurer of state for deposit into the highway safety education	1378
fund created by section 4501.20 of the Revised Code.	1379

(3) If the offender's violation of division (B) of this	1380
section resulted in the death of another person, the court, in	1381
addition to any penalty the court imposes upon the offender	1382
pursuant to division (D)(1) of this section and notwithstanding	1383
section 2929.28 of the Revised Code, shall impose a fine of not	1384
more than one thousand dollars. The court also shall impose a	1385
class seven license suspension of the offender's driver's license,	1386
commercial driver's license, temporary instruction permit,	1387
probationary license, or nonresident operating privilege from the	1388
range specified in division (A)(7) of section 4510.02 of the	1389
Revised Code. The court also shall assess at least two, and may	1390
assess three, four, five, or six, points against the offender's	1391
driver's license, commercial driver's license, temporary	1392
instruction permit, probationary license, or nonresident operating	1393
privilege. The court shall notify the registrar of the number of	1394
points assessed in accordance with sections 4510.03 to 4510.036 of	1395
the Revised Code.	1396

The court shall forward the first fifty dollars of any fine	1397
collected under division (D)(3) of this section to the treasurer	1398
of state for deposit into the highway safety education fund	1399
created by section 4501.20 of the Revised Code.	1400

Sec. 4511.46.  (A) When traffic control signals are not in	1401
place, not in operation, or are not clearly assigning the	1402
right-of-way, the driver of a vehicle, trackless trolley, or	1403
streetcar shall yield the right of way, slowing down or stopping	1404
if need be to so yield or if required by section 4511.132 of the	1405
Revised Code, to a pedestrian crossing the roadway within a	1406
crosswalk when the pedestrian is upon the half of the roadway upon	1407
which the vehicle is traveling, or when the pedestrian is	1408
approaching so closely from the opposite half of the roadway as to	1409
be in danger.	1410

(B) No pedestrian shall suddenly leave a curb or other place	1411
of safety and walk or run into the path of a vehicle, trackless	1412
trolley, or streetcar which is so close as to constitute an	1413
immediate hazard.	1414

(C) Division (A) of this section does not apply under the	1415
conditions stated in division (B) of section 4511.48 of the	1416
Revised Code.	1417

(D) Whenever any vehicle, trackless trolley, or streetcar is	1418
stopped at a marked crosswalk or at any unmarked crosswalk at an	1419
intersection to permit a pedestrian to cross the roadway, the	1420
driver of any other vehicle, trackless trolley, or streetcar	1421
approaching from the rear shall not overtake and pass the stopped	1422
vehicle.	1423

(E)(1) Except as otherwise provided in this division (E)(1)	1424
of this section, whoever violates this section is guilty of a	1425
minor misdemeanor. If, within one year of the offense, the	1426
offender previously has been convicted of or pleaded guilty to one	1427
predicate motor vehicle or traffic offense, whoever violates this	1428
section is guilty of a misdemeanor of the fourth degree. If,	1429
within one year of the offense, the offender previously has been	1430
convicted of two or more predicate motor vehicle or traffic	1431
offenses, whoever violates this section is guilty of a misdemeanor	1432
of the third degree.	1433

(2) If the offender's violation of division (A) or (D) of	1434
this section resulted in serious physical harm to another person,	1435
the court, in addition to any penalty the court imposes upon the	1436
offender pursuant to division (E)(1) of this section and	1437
notwithstanding section 2929.28 of the Revised Code, shall impose	1438
a fine of not more than five hundred dollars. The court also shall	1439
impose a class eight license suspension of the offender's driver's	1440
license, commercial driver's license, temporary instruction	1441
permit, probationary license, or nonresident operating privilege	1442
from the range specified in division (A)(8) of section 4510.02 of	1443
the Revised Code. The court also shall assess at least two, and	1444
may assess three or four, points against the offender's driver's	1445
license, commercial driver's license, temporary instruction	1446
permit, probationary license, or nonresident operating privilege.	1447
The court shall notify the registrar of motor vehicles of the	1448
number of points assessed in accordance with sections 4510.03 to	1449
4510.036 of the Revised Code.	1450

The court shall forward the first twenty-five dollars of any	1451
fine collected under division (E)(2) of this section to the	1452
treasurer of state for deposit into the highway safety education	1453
fund created by section 4501.20 of the Revised Code.	1454

(3) If the offender's violation of division (A) or (D) of	1455
this section resulted in the death of another person, the court,	1456
in addition to any penalty the court imposes upon the offender	1457
pursuant to division (E)(1) of this section and notwithstanding	1458
section 2929.28 of the Revised Code, shall impose a fine of not	1459
more than one thousand dollars. The court also shall impose a	1460
class seven license suspension of the offender's driver's license,	1461
commercial driver's license, temporary instruction permit,	1462
probationary license, or nonresident operating privilege from the	1463
range specified in division (A)(7) of section 4510.02 of the	1464
Revised Code. The court also shall assess at least two, and may	1465
assess three, four, five, or six, points against the offender's	1466
driver's license, commercial driver's license, temporary	1467
instruction permit, probationary license, or nonresident operating	1468
privilege. The court shall notify the registrar of the number of	1469
points assessed in accordance with sections 4510.03 to 4510.036 of	1470
the Revised Code.	1471

The court shall forward the first fifty dollars of any fine	1472
collected under division (E)(3) of this section to the treasurer	1473
of state for deposit into the highway safety education fund	1474
created by section 4501.20 of the Revised Code.	1475

Sec. 4511.47.  (A) As used in this section "blind person" or	1476
"blind pedestrian" means a person having not more than 20/200	1477
visual acuity in the better eye with correcting lenses or visual	1478
acuity greater than 20/200 but with a limitation in the fields of	1479
vision such that the widest diameter of the visual field subtends	1480
an angle no greater than twenty degrees.	1481

The driver of every vehicle shall yield the right of way to	1482
every blind pedestrian guided by a guide dog, or carrying a cane	1483
which is predominantly white or metallic in color, with or without	1484
a red tip.	1485

(B) No person, other than a blind person, while on any public	1486
highway, street, alley, or other public thoroughfare shall carry a	1487
white or metallic cane with or without a red tip.	1488

(C)(1) Except as otherwise provided in this division (C)(1)	1489
of this section, whoever violates this section is guilty of a	1490
minor misdemeanor. If, within one year of the offense, the	1491
offender previously has been convicted of or pleaded guilty to one	1492
predicate motor vehicle or traffic offense, whoever violates this	1493
section is guilty of a misdemeanor of the fourth degree. If,	1494
within one year of the offense, the offender previously has been	1495
convicted of two or more predicate motor vehicle or traffic	1496
offenses, whoever violates this section is guilty of a misdemeanor	1497
of the third degree.	1498

(2) If the offender's violation of division (A) of this	1499
section resulted in serious physical harm to another person, the	1500
court, in addition to any penalty the court imposes upon the	1501
offender pursuant to division (C)(1) of this section and	1502
notwithstanding section 2929.28 of the Revised Code, shall impose	1503
a fine of not more than five hundred dollars. The court also shall	1504
impose a class eight license suspension of the offender's driver's	1505
license, commercial driver's license, temporary instruction	1506
permit, probationary license, or nonresident operating privilege	1507
from the range specified in division (A)(8) of section 4510.02 of	1508
the Revised Code. The court also shall assess at least two, and	1509
may assess three or four, points against the offender's driver's	1510
license, commercial driver's license, temporary instruction	1511
permit, probationary license, or nonresident operating privilege.	1512
The court shall notify the registrar of motor vehicles of the	1513
number of points assessed in accordance with sections 4510.03 to	1514
4510.036 of the Revised Code.	1515

The court shall forward the first twenty-five dollars of any	1516
fine collected under division (C)(2) of this section to the	1517
treasurer of state for deposit into the highway safety education	1518
fund created by section 4501.20 of the Revised Code.	1519

(3) If the offender's violation of division (A) of this	1520
section resulted in the death of another person, the court, in	1521
addition to any penalty the court imposes upon the offender	1522
pursuant to division (C)(1) of this section and notwithstanding	1523
section 2929.28 of the Revised Code, shall impose a fine of not	1524
more than one thousand dollars. The court also shall impose a	1525
class seven license suspension of the offender's driver's license,	1526
commercial driver's license, temporary instruction permit,	1527
probationary license, or nonresident operating privilege from the	1528
range specified in division (A)(7) of section 4510.02 of the	1529
Revised Code. The court also shall assess at least two, and may	1530
assess three, four, five, or six, points against the offender's	1531
driver's license, commercial driver's license, temporary	1532
instruction permit, probationary license, or nonresident operating	1533
privilege. The court shall notify the registrar of the number of	1534
points assessed in accordance with sections 4510.03 to 4510.036 of	1535
the Revised Code.	1536

The court shall forward the first fifty dollars of any fine	1537
collected under division (C)(3) of this section to the treasurer	1538
of state for deposit into the highway safety education fund	1539
created by section 4501.20 of the Revised Code.	1540

Sec. 4513.39.  (A) The state highway patrol and sheriffs or	1541
their deputies shall exercise, to the exclusion of all other peace	1542
officers except within municipal corporations and except as	1543
specified in division (B) of this section and division (E) of	1544
section 2935.03 of the Revised Code, the power to make arrests for	1545
violations on all state highways, of sections 4503.11, 4503.21,	1546
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40,	1547
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03	1548
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01,	1549
4549.08 to 4549.12, and 4549.62 of the Revised Code.	1550

(B) A member of the police force of a township police	1551
district created under section 505.48 of the Revised Code, and a	1552
township constable appointed pursuant to section 509.01 of the	1553
Revised Code, who has received a certificate from the Ohio peace	1554
officer training commission under section 109.75 of the Revised	1555
Code, shall exercise the power to make arrests for violations of	1556
those sections listed in division (A) of this section, other than	1557
sections 4513.33 and 4513.34 of the Revised Code, as follows:	1558

(1) If the population of the township that created the	1559
township police district served by the member's police force or	1560
the township that is served by the township constable is fifty	1561
thousand or less, the member or constable shall exercise that	1562
power on those portions of all state highways, except those	1563
highways included as part of the interstate system, as defined in	1564
section 5516.01 of the Revised Code, that are located within the	1565
township police district, in the case of a member of a township	1566
police district police force, or within the unincorporated	1567
territory of the township, in the case of a township constable;	1568

(2) If the population of the township that created the	1569
township police district served by the member's police force or	1570
the township that is served by the township constable is greater	1571
than fifty thousand, the member or constable shall exercise that	1572
power on those portions of all state highways and highways	1573
included as part of the interstate highway system, as defined in	1574
section 5516.01 of the Revised Code, that are located within the	1575
township police district, in the case of a member of a township	1576
police district police force, or within the unincorporated	1577
territory of the township, in the case of a township constable.	1578

(C)(1) When investigating a motor vehicle accident that	1579
involves an offender's motor vehicle and another motor vehicle, a	1580
bicycle, or a pedestrian in which an injured person who is not the	1581
offender is transported to a medical facility for emergency	1582
medical treatment, if the state highway patrol trooper, sheriff,	1583
sheriff's deputy, or other peace officer investigating the	1584
accident has reason to believe that serious physical harm to, or	1585
the death of, that person has occurred as a result of a violation	1586
of any of the provisions of sections 4511.01 to 4511.76 of the	1587
Revised Code, the state highway patrol trooper, sheriff, sheriff's	1588
deputy, or other peace officer may issue to the offender a ticket,	1589
citation, or summons of the type described in division (C)(3) of	1590
this section for the violation that charges that the offender	1591
committed the violation and that the violation resulted in serious	1592
physical harm to, or the death of, another person, whichever is	1593
applicable.	1594

(2) If an injured person is transported to a medical facility	1595
as described in division (C)(1) of this section and the medical	1596
facility informs the investigating trooper, sheriff, sheriff's	1597
deputy, or other peace officer that the offender caused serious	1598
physical harm to, or the death of, the injured person, if the	1599
offender has not been issued a ticket, citation, or summons for	1600
the violation under division (C)(1) of this section, and if the	1601
offender is not subject to indictment for any other violation	1602
arising from the motor vehicle accident, the investigating	1603
trooper, sheriff, sheriff's deputy, or other peace officer may	1604
issue to the offender a ticket, citation, or summons of the type	1605
described in division (C)(3) of this section for the violation of	1606
a provision of sections 4511.01 to 4511.76 of the Revised Code	1607
that charges that the offender committed the violation and that	1608
the violation resulted in serious physical harm to, or the death	1609
of, another person, whichever is applicable.	1610

(3) A ticket, citation, or summons issued as described in	1611
division (C)(1) or (2) of this section shall indicate that the	1612
offender is not permitted to enter a written plea of guilty and	1613
waive the offender's right to contest the ticket, citation, or	1614
summons in a trial but instead must appear in person in the proper	1615
court to answer the charge.	1616

Section 2. That existing sections 4510.02, 4510.036, 4511.21,	1617
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,	1618
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 of the Revised	1619
Code are hereby repealed.	1620