As Introduced
136th General Assembly
Regular Session H. B. No. 111
2025-2026
Representatives Miller, K., Creech
Cosponsors: Representatives Brennan, Deeter, Hiner, Bird
A B I L L
To amend section 4511.21 of the Revised Code to
impose an additional fine on drivers who exceed
the speed limit by 30 miles per hour.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.21 of the Revised Code be
amended to read as follows:
Sec. 4511.21. (A) No person shall operate a motor vehicle,
trackless trolley, or streetcar at a speed greater or less than
is reasonable or proper, having due regard to the traffic,
surface, and width of the street or highway and any other
conditions, and no person shall drive any motor vehicle,
trackless trolley, or streetcar in and upon any street or
highway at a greater speed than will permit the person to bring
it to a stop within the assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower
limit declared or established pursuant to this section by the
director of transportation or local authorities, for the
operator of a motor vehicle, trackless trolley, or streetcar to
operate the same at a speed not exceeding the following:
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(1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the
speed shall be governed by division (B)(4) of this section and
on freeways, if the right-of-way line fence has been erected
without pedestrian opening, the speed shall be governed by
divisions (B)(10) and (11) of this section. The end of every
school zone may be marked by a sign indicating the end of the
zone. Nothing in this section or in the manual and
specifications for a uniform system of traffic control devices
shall be construed to require school zones to be indicated by
signs equipped with flashing or other lights, or giving other
special notice of the hours in which the school zone speed limit
is in effect.
(b) As used in this section and in section 4511.212 of the
Revised Code, "school" means all of the following:
(i) Any school chartered under section 3301.16 of the
Revised Code;
(ii) Any nonchartered school that during the preceding
year filed with the department of education and workforce in
compliance with rule 3301-35-08 of the Ohio Administrative Code,
a copy of the school's report for the parents of the school's
pupils certifying that the school meets Ohio minimum standards
for nonchartered, nontax-supported schools and presents evidence
of this filing to the jurisdiction from which it is requesting
the establishment of a school zone;
(iii) Any special elementary school that in writing
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requests the county engineer of the county in which the special
elementary school is located to create a school zone at the
location of that school. Upon receipt of such a written request,
the county engineer shall create a school zone at that location
by erecting the appropriate signs.
(iv) Any preschool education program operated by an
educational service center that is located on a street or
highway with a speed limit of forty-five miles per hour or more,
when the educational service center in writing requests that the
county engineer of the county in which the program is located
create a school zone at the location of that program. Upon
receipt of such a written request, the county engineer shall
create a school zone at that location by erecting the
appropriate signs.
(c) As used in this section, "school zone" means that
portion of a street or highway passing a school fronting upon
the street or highway that is encompassed by projecting the
school property lines to the fronting street or highway, and
also includes that portion of a state highway. Upon request from
local authorities for streets and highways under their
jurisdiction and that portion of a state highway under the
jurisdiction of the director of transportation or a request from
a county engineer in the case of a school zone for a special
elementary school, the director may extend the traditional
school zone boundaries. The distances in divisions (B)(1)(c)(i),
(ii), and (iii) of this section shall not exceed three hundred
feet per approach per direction and are bounded by whichever of
the following distances or combinations thereof the director
approves as most appropriate:
(i) The distance encompassed by projecting the school
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building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of
the pavement for a principal school pupil crosswalk plus a
distance of three hundred feet on each approach direction of the
highway.
Nothing in this section shall be construed to invalidate
the director's initial action on August 9, 1976, establishing
all school zones at the traditional school zone boundaries
defined by projecting school property lines, except when those
boundaries are extended as provided in divisions (B)(1)(a) and
(c) of this section.
(d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code.
The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of developmental
disabilities created pursuant to Chapter 5126. of the Revised
Code, and upon submission by the municipal corporation,
township, or county board of such engineering, traffic, and
other information as the director considers necessary, designate
a school zone on any portion of a state route lying within the
municipal corporation, lying within the unincorporated territory
of the township, or lying adjacent to the property of a school
that is operated by such county board, that includes a crosswalk
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customarily used by children going to or leaving a school during
recess and opening and closing hours, whenever the distance, as
measured in a straight line, from the school property line
nearest the crosswalk to the nearest point of the crosswalk is
no more than one thousand three hundred twenty feet. Such a
school zone shall include the distance encompassed by the
crosswalk and extending three hundred feet on each approach
direction of the state route.
(e) As used in this section, "special elementary school"
means a school that meets all of the following criteria:
(i) It is not chartered and does not receive tax revenue
from any source.
(ii) It does not educate children beyond the eighth grade.
(iii) It is located outside the limits of a municipal
corporation.
(iv) A majority of the total number of students enrolled
at the school are not related by blood.
(v) The principal or other person in charge of the special
elementary school annually sends a report to the superintendent
of the school district in which the special elementary school is
located indicating the total number of students enrolled at the
school, but otherwise the principal or other person in charge
does not report any other information or data to the
superintendent.
(2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys;
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(3) Thirty-five miles per hour on all state routes or
through highways within municipal corporations outside business
districts, except as provided in divisions (B)(4) and (6) of
this section;
(4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations, except as provided in
divisions (B)(12), (13), (14), (15), and (16) of this section;
(5) Fifty-five miles per hour on highways outside
municipal corporations, other than highways within island
jurisdictions as provided in division (B)(8) of this section,
highways as provided in divisions (B)(9) and (10) of this
section, and highways, expressways, and freeways as provided in
divisions (B)(12), (13), (14), and (16) of this section;
(6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the
municipal corporation;
(8) Thirty-five miles per hour on highways outside
municipal corporations that are within an island jurisdiction;
(9) Thirty-five miles per hour on through highways, except
state routes, that are outside municipal corporations and that
are within a national park with boundaries extending through two
or more counties;
(10) Sixty miles per hour on two-lane state routes outside
municipal corporations as established by the director under
division (H)(2) of this section;
(11) Fifty-five miles per hour on freeways with paved
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shoulders inside municipal corporations, other than freeways as
provided in divisions (B)(14) and (16) of this section;
(12) Sixty miles per hour on rural expressways with
traffic control signals and on all portions of rural divided
highways, except as provided in divisions (B)(13) and (14) of
this section;
(13) Sixty-five miles per hour on all rural expressways
without traffic control signals;
(14) Seventy miles per hour on all rural freeways;
(15) Fifty-five miles per hour on all portions of freeways
or expressways in congested areas as determined by the director
and that are located within a municipal corporation or within an
interstate freeway outerbelt, except as provided in division (B)
(16) of this section;
(16) Sixty-five miles per hour on all portions of freeways
or expressways without traffic control signals in urbanized
areas.
(C) It is prima-facie unlawful for any person to exceed
any of the speed limitations in divisions (B)(1)(a), (2), (3),
(4), (6), (7), (8), and (9) of this section, or any declared or
established pursuant to this section by the director or local
authorities and it is unlawful for any person to exceed any of
the speed limitations in division (D) of this section. No person
shall be convicted of more than one violation of this section
for the same conduct, although violations of more than one
provision of this section may be charged in the alternative in a
single affidavit.
(D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows:
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(1) At a speed exceeding fifty-five miles per hour, except
upon a two-lane state route as provided in division (B)(10) of
this section and upon a highway, expressway, or freeway as
provided in divisions (B)(12), (13), (14), and (16) of this
section;
(2) At a speed exceeding sixty miles per hour upon a two-
lane state route as provided in division (B)(10) of this section
and upon a highway as provided in division (B)(12) of this
section;
(3) At a speed exceeding sixty-five miles per hour upon an
expressway as provided in division (B)(13) or upon a freeway as
provided in division (B)(16) of this section, except upon a
freeway as provided in division (B)(14) of this section;
(4) At a speed exceeding seventy miles per hour upon a
freeway as provided in division (B)(14) of this section;
(5) At a speed exceeding the posted speed limit upon a
highway, expressway, or freeway for which the director has
determined and declared a speed limit pursuant to division (I)
(2) or (L)(2) of this section.
(E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed
at which the defendant is alleged to have driven, and in charges
made in reliance upon division (C) of this section also the
speed which division (B)(1)(a), (2), (3), (4), (6), (7), (8), or
(9) of, or a limit declared or established pursuant to, this
section declares is prima-facie lawful at the time and place of
such alleged violation, except that in affidavits where a person
is alleged to have driven at a greater speed than will permit
the person to bring the vehicle to a stop within the assured
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clear distance ahead the affidavit and warrant need not specify
the speed at which the defendant is alleged to have driven.
(F) When a speed in excess of both a prima-facie
limitation and a limitation in division (D) of this section is
alleged, the defendant shall be charged in a single affidavit,
alleging a single act, with a violation indicated of both
division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of this
section, or of a limit declared or established pursuant to this
section by the director or local authorities, and of the
limitation in division (D) of this section. If the court finds a
violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8),
or (9) of, or a limit declared or established pursuant to, this
section has occurred, it shall enter a judgment of conviction
under such division and dismiss the charge under division (D) of
this section. If it finds no violation of division (B)(1)(a),
(2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or
established pursuant to, this section, it shall then consider
whether the evidence supports a conviction under division (D) of
this section.
(G) Points shall be assessed for violation of a limitation
under division (D) of this section in accordance with section
4510.036 of the Revised Code.
(H)(1) Whenever the director determines upon the basis of
criteria established by an engineering study, as defined by the
director, that any speed limit set forth in divisions (B)(1)(a)
to (D) of this section is greater or less than is reasonable or
safe under the conditions found to exist at any portion of a
street or highway under the jurisdiction of the director, the
director shall determine and declare a reasonable and safe
prima-facie speed limit, which shall be effective when
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appropriate signs giving notice of it are erected at the
location.
(2) Whenever the director determines upon the basis of
criteria established by an engineering study, as defined by the
director, that the speed limit of fifty-five miles per hour on a
two-lane state route outside a municipal corporation is less
than is reasonable or safe under the conditions found to exist
at that portion of the state route, the director may determine
and declare a speed limit of sixty miles per hour for that
portion of the state route, which shall be effective when
appropriate signs giving notice of it are erected at the
location.
(3)(a) For purposes of the safe and orderly movement of
traffic upon any portion of a street or highway under the
jurisdiction of the director, the director may establish a
variable speed limit that is different than the speed limit
established by or under this section on all or portions of
interstate six hundred seventy, interstate two hundred seventy-
five, and interstate ninety commencing at the intersection of
that interstate with interstate seventy-one and continuing to
the border of the state of Ohio with the state of Pennsylvania.
The director shall establish criteria for determining the
appropriate use of variable speed limits and shall establish
variable speed limits in accordance with the criteria. The
director may establish variable speed limits based upon the time
of day, weather conditions, traffic incidents, or other factors
that affect the safe speed on a street or highway. The director
shall not establish a variable speed limit that is based on a
particular type or class of vehicle. A variable speed limit
established by the director under this section is effective when
appropriate signs giving notice of the speed limit are displayed
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at the location.
(b) Except for variable speed limits established under
division (H)(3)(a) of this section, the director shall establish
a variable speed limit under the authority granted to the
director by this section on not more than two additional
highways and only pursuant to criteria established in rules
adopted in accordance with Chapter 119. of the Revised Code. The
rules shall be based on the criteria described in division (H)
(3)(a) of this section. The rules also shall establish the
parameters of any engineering study necessary for determining
when variable speed limits are appropriate.
(4) Nothing in this section shall be construed to limit
the authority of the director to establish speed limits within a
construction zone as authorized under section 4511.98 of the
Revised Code.
(I)(1) Except as provided in divisions (I)(2), (J), (K),
and (N) of this section, whenever local authorities determine
upon the basis of criteria established by an engineering study,
as defined by the director, that the speed permitted by
divisions (B)(1)(a) to (D) of this section, on any part of a
highway under their jurisdiction, is greater than is reasonable
and safe under the conditions found to exist at such location,
the local authorities may by resolution request the director to
determine and declare a reasonable and safe prima-facie speed
limit. Upon receipt of such request the director may determine
and declare a reasonable and safe prima-facie speed limit at
such location, and if the director does so, then such declared
speed limit shall become effective only when appropriate signs
giving notice thereof are erected at such location by the local
authorities. The director may withdraw the declaration of a
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prima-facie speed limit whenever in the director's opinion the
altered prima-facie speed limit becomes unreasonable. Upon such
withdrawal, the declared prima-facie speed limit shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(2) A local authority may determine on the basis of
criteria established by an engineering study, as defined by the
director, that the speed limit of sixty-five or seventy miles
per hour on a portion of a freeway under its jurisdiction is
greater than is reasonable or safe under the conditions found to
exist at that portion of the freeway. If the local authority
makes such a determination, the local authority by resolution
may request the director to determine and declare a reasonable
and safe speed limit of not less than fifty-five miles per hour
for that portion of the freeway. If the director takes such
action, the declared speed limit becomes effective only when
appropriate signs giving notice of it are erected at such
location by the local authority.
(J) Local authorities in their respective jurisdictions
may authorize by ordinance higher prima-facie speeds than those
stated in this section upon through highways, or upon highways
or portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of the maximum speed permitted by division (D) of this section
for the specified type of highway.
Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
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approved by the director. The director may withdraw approval of
any altered prima-facie speed limits whenever in the director's
opinion any altered prima-facie speed becomes unreasonable, and
upon such withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of
this section, "unimproved highway" means a highway consisting of
any of the following:
(a) Unimproved earth;
(b) Unimproved graded and drained earth;
(c) Gravel.
(2) Except as otherwise provided in divisions (K)(4) and
(5) of this section, whenever a board of township trustees
determines upon the basis of criteria established by an
engineering study, as defined by the director, that the speed
permitted by division (B)(5) of this section on any part of an
unimproved highway under its jurisdiction and in the
unincorporated territory of the township is greater than is
reasonable or safe under the conditions found to exist at the
location, the board may by resolution declare a reasonable and
safe prima-facie speed limit of fifty-five but not less than
twenty-five miles per hour. An altered speed limit adopted by a
board of township trustees under this division becomes effective
when appropriate traffic control devices, as prescribed in
section 4511.11 of the Revised Code, giving notice thereof are
erected at the location, which shall be no sooner than sixty
days after adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township
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trustees, any altered prima-facie speed limit established by the
board under this division becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway
and the board has adopted an altered prima-facie speed limit
pursuant to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of
such a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto
shall be immediately removed.
(4)(a) If the boundary of two townships rests on the
centerline of an unimproved highway in unincorporated territory
and both townships have jurisdiction over the highway, neither
of the boards of township trustees of such townships may declare
an altered prima-facie speed limit pursuant to division (K)(2)
of this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of
the townships determine, upon the basis of criteria established
by an engineering study, as defined by the director, that the
speed permitted by division (B)(5) of this section is greater
than is reasonable or safe under the conditions found to exist
at the location and both boards agree upon a reasonable and safe
prima-facie speed limit of less than fifty-five but not less
than twenty-five miles per hour for that location. If both
boards so agree, each shall follow the procedure specified in
division (K)(2) of this section for altering the prima-facie
speed limit on the highway. Except as otherwise provided in
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division (K)(4)(b) of this section, no speed limit altered
pursuant to division (K)(4)(a) of this section may be withdrawn
unless the boards of township trustees of both townships
determine that the altered prima-facie speed limit previously
adopted becomes unreasonable and each board adopts a resolution
withdrawing the altered prima-facie speed limit pursuant to the
procedure specified in division (K)(3)(a) of this section.
(b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards
of township trustees have adopted an altered prima-facie speed
limit pursuant to division (K)(4)(a) of this section, both
boards shall, by resolution, withdraw the altered prima-facie
speed limit as soon as the highway ceases to be unimproved. Upon
the adoption of the resolution, the altered prima-facie speed
limit becomes ineffective and the traffic control devices
relating thereto shall be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway, where, for a distance of three hundred feet or more,
the frontage is improved with residences or residences and
buildings in use for business, or where the entire length of the
highway is less than three hundred feet long and the frontage is
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improved with residences or residences and buildings in use for
business.
Whenever a board of township trustees finds upon the basis
of criteria established by an engineering study, as defined by
the director, that the prima-facie speed permitted by division
(B)(5) of this section on any part of a highway under its
jurisdiction that is located in a commercial or residential
subdivision, except on highways or portions thereof at the
entrances to which vehicular traffic from the majority of
intersecting highways is required to yield the right-of-way to
vehicles on such highways in obedience to stop or yield signs or
traffic control signals, is greater than is reasonable and safe
under the conditions found to exist at the location, the board
may by resolution declare a reasonable and safe prima-facie
speed limit of less than fifty-five but not less than twenty-
five miles per hour at the location. An altered speed limit
adopted by a board of township trustees under this division
shall become effective when appropriate signs giving notice
thereof are erected at the location by the township. Whenever,
in the opinion of a board of township trustees, any altered
prima-facie speed limit established by it under this division
becomes unreasonable, it may adopt a resolution withdrawing the
altered prima-facie speed, and upon such withdrawal, the altered
prima-facie speed shall become ineffective, and the signs
relating thereto shall be immediately removed by the township.
(L)(1) The director of transportation, based upon an
engineering study, as defined by the director, of a highway,
expressway, or freeway described in division (B)(12), (13),
(14), (15), or (16) of this section, in consultation with the
director of public safety and, if applicable, the local
authority having jurisdiction over the studied highway,
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expressway, or freeway, may determine and declare that the speed
limit established on such highway, expressway, or freeway under
division (B)(12), (13), (14), (15), or (16) of this section
either is reasonable and safe or is more or less than that which
is reasonable and safe.
(2) If the established speed limit for a highway,
expressway, or freeway studied pursuant to division (L)(1) of
this section is determined to be more or less than that which is
reasonable and safe, the director of transportation, in
consultation with the director of public safety and, if
applicable, the local authority having jurisdiction over the
studied highway, expressway, or freeway, shall determine and
declare a reasonable and safe speed limit for that highway,
expressway, or freeway.
(M)(1)(a) If the boundary of two local authorities rests
on the centerline of a highway and both authorities have
jurisdiction over the highway, the speed limit for the part of
the highway within their joint jurisdiction shall be either one
of the following as agreed to by both authorities:
(i) Either prima-facie speed limit permitted by division
(B) of this section;
(ii) An altered speed limit determined and posted in
accordance with this section.
(b) If the local authorities are unable to reach an
agreement, the speed limit shall remain as established and
posted under this section.
(2) Neither local authority may declare an altered prima-
facie speed limit pursuant to this section on the part of the
highway under their joint jurisdiction unless both of the local
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492 H. B. No. 111 Page 18
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authorities determine, upon the basis of criteria established by
an engineering study, as defined by the director, that the speed
permitted by this section is greater than is reasonable or safe
under the conditions found to exist at the location and both
authorities agree upon a uniform reasonable and safe prima-facie
speed limit of less than fifty-five but not less than twenty-
five miles per hour for that location. If both authorities so
agree, each shall follow the procedure specified in this section
for altering the prima-facie speed limit on the highway, and the
speed limit for the part of the highway within their joint
jurisdiction shall be uniformly altered. No altered speed limit
may be withdrawn unless both local authorities determine that
the altered prima-facie speed limit previously adopted becomes
unreasonable and each adopts a resolution withdrawing the
altered prima-facie speed limit pursuant to the procedure
specified in this section.
(N) The legislative authority of a municipal corporation
or township in which a boarding school is located, by resolution
or ordinance, may establish a boarding school zone. The
legislative authority may alter the speed limit on any street or
highway within the boarding school zone and shall specify the
hours during which the altered speed limit is in effect. For
purposes of determining the boundaries of the boarding school
zone, the altered speed limit within the boarding school zone,
and the hours the altered speed limit is in effect, the
legislative authority shall consult with the administration of
the boarding school and with the county engineer or other
appropriate engineer, as applicable. A boarding school zone
speed limit becomes effective only when appropriate signs giving
notice thereof are erected at the appropriate locations.
(O) As used in this section:
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523 H. B. No. 111 Page 19
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(1) "Interstate system" has the same meaning as in 23
U.S.C. 101.
(2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the
transportation of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization.
(4) "Outerbelt" means a portion of a freeway that is part
of the interstate system and is located in the outer vicinity of
a major municipal corporation or group of municipal
corporations, as designated by the director.
(5) "Rural" means an area outside urbanized areas and
outside of a business or urban district, and areas that extend
within urbanized areas where the roadway characteristics remain
mostly unchanged from those outside the urbanized areas.
(6) "Urbanized area" has the same meaning as in 23 U.S.C.
101.
(7) "Divided" means a roadway having two or more travel
lanes for vehicles moving in opposite directions and that is
separated by a median of more than four feet, excluding turn
lanes.
(P)(1) A violation of any provision of this section is one
of the following:
(a) Except as otherwise provided in divisions (P)(1)(b),
(1)(c), (2), and (3), and (4) of this section, a minor
misdemeanor;
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551 H. B. No. 111 Page 20
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(b) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two
violations of any provision of this section or of any provision
of a municipal ordinance that is substantially similar to any
provision of this section, a misdemeanor of the fourth degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations of any provision of this section or of any
provision of a municipal ordinance that is substantially similar
to any provision of this section, a misdemeanor of the third
degree.
(2) If the offender operated a motor vehicle faster than
thirty-five miles an hour in a business district of a municipal
corporation, faster than fifty miles an hour in other portions
of a municipal corporation, or faster than thirty-five miles an
hour in a school zone during recess or while children are going
to or leaving school during the school's opening or closing
hours, a misdemeanor of the fourth degree. Division (P)(2) of
this section does not apply if penalties may be imposed under
division (P)(1)(b) or (c) of this section.
(3) Notwithstanding division (P)(1) of this section, if
the offender operated a motor vehicle in a construction zone
where a sign was then posted in accordance with section 4511.98
of the Revised Code, the court, in addition to all other
penalties provided by law, shall impose upon the offender a fine
of two times the usual amount imposed for the violation. No
court shall impose a fine of two times the usual amount imposed
for the violation upon an offender if the offender alleges, in
an affidavit filed with the court prior to the offender's
sentencing, that the offender is indigent and is unable to pay
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581 H. B. No. 111 Page 21
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the fine imposed pursuant to this division and if the court
determines that the offender is an indigent person and unable to
pay the fine.
(4) Notwithstanding division (P)(1) of this section, if
the offender operated a motor vehicle at a speed exceeding
thirty miles per hour over the statutory or posted speed limit,
the court, in addition to all other penalties provided by law,
shall impose upon the offender a fine that is two hundred
dollars more than the usual amount imposed for the violation. No
court shall impose the additional fine specified in this
division upon an offender if the offender alleges, in an
affidavit filed with the court prior to the offender's
sentencing, that the offender is indigent and unable to pay the
fine imposed pursuant to this division and if the court
determines that the offender is an indigent person and unable to
pay the fine.
(5) If the offender commits the offense while distracted
and the distracting activity is a contributing factor to the
commission of the offense, the offender is subject to the
additional fine established under section 4511.991 of the
Revised Code.
Section 2. That existing section 4511.21 of the Revised
Code is hereby repealed.
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