As Introduced
136th General Assembly
Regular Session H. B. No. 54
2025-2026
Representative Stewart
A B I L L
To amend sections 154.01, 717.02, 4501.01, 4511.01,
4511.031, 4511.09, 4511.091, 4511.092, 4511.094,
4511.11, 4511.13, 4511.131, 4511.132, 4511.18,
4511.204, 4511.211, 4511.214, 4511.432, 4511.46,
4511.48, 4511.512, 4511.61, 4511.62, 4511.64,
4511.65, 4511.68, 4511.701, 4511.712, 4519.401,
5501.20, 5513.01, 5515.01, 5515.02, 5515.99,
5517.02, 5517.021, 5525.03, 5525.04, 5525.08,
5525.14, and 5571.01; to enact sections 4511.15,
5515.09, 5515.10, 5517.012, 5517.06, and
5525.141; and to repeal sections 4511.351 and
4511.491 of the Revised Code to make
appropriations for programs related to
transportation for the biennium beginning July
1, 2025, and ending June 30, 2027, and to
provide authorization and conditions for the
operation of those programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 154.01, 717.02, 4501.01,
4511.01, 4511.031, 4511.09, 4511.091, 4511.092, 4511.094,
4511.11, 4511.13, 4511.131, 4511.132, 4511.18, 4511.204,
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4511.211, 4511.214, 4511.432, 4511.46, 4511.48, 4511.512,
4511.61, 4511.62, 4511.64, 4511.65, 4511.68, 4511.701, 4511.712,
4519.401, 5501.20, 5513.01, 5515.01, 5515.02, 5515.99, 5517.02,
5517.021, 5525.03, 5525.04, 5525.08, 5525.14, and 5571.01 be
amended and sections 4511.15, 5515.09, 5515.10, 5517.012,
5517.06, and 5525.141 of the Revised Code be enacted to read as
follows:
Sec. 154.01. As used in this chapter:
(A) "Commission" means the Ohio public facilities
commission created in section 151.02 of the Revised Code.
(B) "Obligations" means bonds, notes, or other evidences
of obligation, including interest coupons pertaining thereto,
issued pursuant to Chapter 154. of the Revised Code.
(C) "Bond proceedings" means the order or orders,
resolution or resolutions, trust agreement, indenture, lease,
and other agreements, amendments and supplements to the
foregoing, or any combination thereof, authorizing or providing
for the terms and conditions applicable to, or providing for the
security of, obligations issued pursuant to Chapter 154. of the
Revised Code, and the provisions contained in such obligations.
(D) "State agencies" means the state of Ohio and officers,
boards, commissions, departments, divisions, or other units or
agencies of the state.
(E) "Governmental agency" means state agencies, state
supported and assisted institutions of higher education,
municipal corporations, counties, townships, school districts,
and any other political subdivision or special district in this
state established pursuant to law, and, except where otherwise
indicated, also means the United States or any department,
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division, or agency thereof, and any agency, commission, or
authority established pursuant to an interstate compact or
agreement.
(F) "Institutions of higher education" and "state
supported or state assisted institutions of higher education"
means the state universities identified in section 3345.011 of
the Revised Code, the northeast Ohio medical university, state
universities or colleges at any time created, community college
districts, university branch districts, and technical college
districts at any time established or operating under Chapter
3354., 3355., or 3357. of the Revised Code, and other
institutions for education, including technical education,
beyond the high school, receiving state support or assistance
for their expenses of operation.
(G) "Governing body" means:
(1) In the case of institutions of higher education, the
board of trustees, board of directors, commission, or other body
vested by law with the general management, conduct, and control
of one or more institutions of higher education;
(2) In the case of a county, the board of county
commissioners or other legislative body; in the case of a
municipal corporation, the council or other legislative body; in
the case of a township, the board of township trustees; in the
case of a school district, the board of education;
(3) In the case of any other governmental agency, the
officer, board, commission, authority or other body having the
general management thereof or having jurisdiction or authority
in the particular circumstances.
(H) "Person" means any person, firm, partnership,
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association, or corporation.
(I) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations, and interest, and redemption premium, if any,
required to be paid by the state on obligations. If not
prohibited by the applicable bond proceedings, bond service
charges may include costs relating to credit enhancement
facilities that are related to and represent, or are intended to
provide a source of payment of or limitation on, other bond
service charges.
(J) "Capital facilities" means buildings, structures, and
other improvements, and equipment, real estate, and interests in
real estate therefor, within the state, and any one, part of, or
combination of the foregoing, to serve the general purposes for
which the issuing authority is authorized to issue obligations
pursuant to Chapter 154. of the Revised Code, including, but not
limited to, highways, drives, roadways, parking facilities,
walks, lighting, machinery, furnishings, utilities, landscaping,
wharves, docks, piers, reservoirs, dams, tunnels, bridges,
retaining walls, riprap, culverts, ditches, channels,
watercourses, retention basins, standpipes and water storage
facilities, waste treatment and disposal facilities, heating,
air conditioning and communications facilities, inns, lodges,
cabins, camping sites, golf courses, boat and bathing
facilities, athletic and recreational facilities, and site
improvements.
(K) "Costs of capital facilities" means the costs of
acquiring, constructing, reconstructing, rehabilitating,
remodeling, renovating, enlarging, improving, equipping, or
furnishing capital facilities, and the financing thereof,
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including the cost of clearance and preparation of the site and
of any land to be used in connection with capital facilities,
the cost of any indemnity and surety bonds and premiums on
insurance, all related direct administrative expenses and
allocable portions of direct costs of the commission or issuing
authority and department of administrative services, or other
designees of the commission under section 154.17 of the Revised
Code, cost of engineering and architectural services, designs,
plans, specifications, surveys, and estimates of cost, legal
fees, fees and expenses of trustees, depositories, and paying
agents for the obligations, cost of issuance of the obligations
and financing charges and fees and expenses of financial
advisers and consultants in connection therewith, interest on
obligations, including but not limited to, interest from the
date of their issuance to the time when interest is to be
covered from sources other than proceeds of obligations, amounts
necessary to establish reserves as required by the bond
proceedings, costs of audits, the reimbursement of all moneys
advanced or applied by or borrowed from any governmental agency,
whether to or by the commission or others, from whatever source
provided, for the payment of any item or items of cost of the
capital facilities, any share of the cost undertaken by the
commission pursuant to arrangements made with governmental
agencies under division (H) of section 154.06 of the Revised
Code, and all other expenses necessary or incident to planning
or determining feasibility or practicability with respect to
capital facilities, and such other expenses as may be necessary
or incident to the acquisition, construction, reconstruction,
rehabilitation, remodeling, renovation, enlargement,
improvement, equipment, and furnishing of capital facilities,
the financing thereof and the placing of the same in use and
operation, including any one, part of, or combination of such
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classes of costs and expenses.
(L) "Public service facilities" means inns, lodges,
hotels, cabins, camping sites, scenic trails, picnic sites,
restaurants, commissaries, golf courses, boating and bathing
facilities and other similar facilities in state parks.
(M) "State parks" means:
(1) State reservoirs described and identified in section
1546.11 of the Revised Code;
(2) All lands or interests therein of the state identified
as administered by the division of parks and watercraft in the
"inventory of state owned lands administered by the department
of natural resources as of June 1, 1963," as recorded in the
journal of the director, which inventory was prepared by the
real estate section of the department and is supported by maps
now on file in said real estate section;
(3) All lands or interests in lands of the state
designated after June 1, 1963, as state parks in the journal of
the director with the approval of the director of natural
resources.
State parks do not include any lands or interest in lands
of the state administered jointly by two or more divisions of
the department of natural resources. The designation of lands as
state parks under divisions (M)(1) to (3) of this section is
conclusive and such lands shall be under the control of and
administered by the division of parks and watercraft. No order
or proceeding designating lands as state parks or park purchase
areas is subject to any appeal or review by any officer, board,
commission, or court.
(N) "Bond service fund" means the applicable fund created
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for and pledged to the payment of bond service charges under
section 154.20, 154.21, 154.22, or 154.23 of the Revised Code,
including all moneys and investments, and earnings from
investments, credited and to be credited thereto.
(O) "Improvement fund" means the applicable fund created
for the payment of costs of capital facilities under section
123.201, 154.20, 154.21, or 154.22 of the Revised Code,
including all moneys and investments, and earnings from
investments, credited and to be credited thereto.
(P) "Special funds" or "funds" means, except where the
context does not permit, the bond service funds, the
improvements funds, and any other funds for similar or different
purposes created under bond proceedings, including all moneys
and investments, and earnings from investments, credited and to
be credited thereto.
(Q) "Year" unless the context indicates a different
meaning or intent, means a calendar year beginning on the first
day of January and ending on the thirty-first day of December.
(R) "Fiscal year" means the period of twelve months
beginning on the first day of July and ending on the thirtieth
day of June.
(S) "Issuing authority" means the treasurer of state or
the officer or employee who by law performs the functions of
that office.
(T) "Credit enhancement facilities" has the same meaning
as in section 133.01 of the Revised Code.
(U) "Ohio cultural facility" and "Ohio sports facility"
have the same meanings as in section 123.28 of the Revised Code.
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Sec. 717.02. (A) As used in this section:
(1) "Energy conservation measure" means the construction
of, installation or modification of an installation in, or
remodeling of, a new or existing building or infrastructure, to
reduce energy consumption. It includes:
(a) Insulation of the building structure and of systems
within the building;
(b) Storm windows and doors, multiglazed windows and
doors, heat-absorbing or heat-reflective glazed and coated
window and door systems, additional glazing, reductions in glass
area, and other window and door system modifications that reduce
energy consumption;
(c) Automatic energy control systems;
(d) Heating, ventilating, or air conditioning system
modifications or replacements;
(e) Caulking and weatherstripping;
(f) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such an increase
in illumination is necessary to conform to the applicable state
or local building code for the proposed lighting system;
(g) Energy recovery systems;
(h) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(i) Acquiring, constructing, furnishing, equipping,
improving the site of, or otherwise improving a central utility
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plant to provide heating and cooling services to a building or
building infrastructure together with distribution piping and
ancillary distribution controls, equipment, and related
facilities from the central utility plant to the building or
building infrastructure;
(j) Meter replacement, installation of an automatic meter
reading system, or any other construction, modification,
installation, or remodeling of water, electric, gas, or any
other municipally supplied utility system;
(k) Any other construction, modification, installation, or
remodeling approved by the legislative authority of the
municipal corporation as an energy conservation measure.
(2) "Infrastructure" includes, but is not limited to, a
water, gas, or electric utility, renewable energy system or
technology, highway traffic control signal, or any other asset
owned, operated, or maintained by a municipal corporation.
(B) For the purpose of evaluating buildings owned by a
municipal corporation for energy conservation measures, a
legislative authority of a municipal corporation may contract
with an architect, professional engineer, energy services
company, contractor, or other person experienced in the design
and implementation of energy conservation measures for an energy
conservation report. The report shall include all of the
following:
(1) Analyses of the energy needs of the buildings owned by
that municipal corporation and recommendations for building
installations, modifications of existing installations, or
building remodeling that would significantly reduce energy
consumption in the buildings;
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(2) Estimates of all costs of the recommended
installations, modifications, or remodeling, including costs of
design, engineering, installation, maintenance, and repair;
(3) Estimates of the amounts by which energy consumption
could be reduced;
(4) The interest rate used to estimate the costs of any
energy conservation measures that are to be financed by the
municipal corporation;
(5) The average system life of the energy conservation
measures;
(6) Estimates of the likely savings that will result from
the reduction in energy consumption over the average system life
of the energy conservation measures, including the methods used
to estimate the savings;
(7) A certification under the seal of a registered
professional engineer that the energy conservation report uses
reasonable methods of analysis and estimation.
(C)(1) A municipal corporation desiring to implement
energy conservation measures may proceed under any of the
following methods:
(a) Procure the energy conservation measures in any manner
authorized by the municipal corporation's charter, ordinances,
or any other existing authority;
(b) Advertise for bids using a report or any part of an
energy conservation report prepared under division (B) of this
section, and, except as otherwise provided in this section,
comply with competitive bidding requirements;
(c) Notwithstanding any requirement in the Revised Code
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that requires competitive bidding or specifies bidding
procedures, request proposals from at least three vendors for
the implementation of energy conservation measures. A request
for proposals shall require the vendor that is awarded a
contract under division (C)(2)(b) of this section to prepare an
energy conservation report in accordance with division (B) of
this section.
Prior to sending any vendor a copy of any request for
proposals, the legislative authority shall advertise its intent
to request proposals for the installation of energy conservation
measures in a newspaper of general circulation in the municipal
corporation once a week for two consecutive weeks. The notice
shall state that the legislative authority intends to request
proposals for the installation of energy conservation measures,
indicate the date on which the request for proposals will be
mailed to vendors, which shall be at least ten days after the
second publication in the newspaper, and state that any vendor
interested in receiving the request for proposals shall submit
written notice to the legislative authority not later than noon
of the day on which the request for proposals is to be mailed.
(2)(a) Upon receiving bids under division (C)(1)(b) of
this section, the legislative authority shall analyze them and
select the lowest and best bid or bids most likely to result in
the greatest energy savings considering the cost of the project
and the legislative authority's ability to pay for the
improvements with current revenues or by financing the
improvements.
(b) Upon receiving proposals under division (C)(1)(c) of
this section, the legislative authority shall analyze the
proposals and the vendors' qualifications and select the most
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qualified vendor to prepare an energy conservation report in
accordance with division (B) of this section. After receipt and
review of the energy conservation report, the legislative
authority may award a contract to the selected vendor to install
the energy conservation measures that are most likely to result
in the greatest energy savings considering the cost of the
project and the legislative authority's ability to pay for the
improvements with current revenues or by financing the
improvements.
(c) The awarding of a contract to install energy
conservation measures under division (C)(2)(a) or (b) of this
section shall be conditioned upon a finding by the contracting
authority that the amount of money spent on energy conservation
measures is not likely to exceed the amount of money the
municipal corporation would save in energy, operating,
maintenance, and avoided capital costs over the average system
life of the energy conservation measures as specified in the
energy conservation report. In making such a finding, the
contracting authority may take into account the increased costs
due to inflation as shown in the energy conservation report.
Nothing in this division prohibits a municipal corporation from
rejecting all bids or proposals under division (C)(1)(b) or (c)
of this section or from selecting more than one bid or proposal.
(D) The legislative authority of a municipal corporation
may enter into an installment payment contract for the purchase
and installation of energy conservation measures. Provisions of
installment payment contracts that deal with interest charges
and financing terms shall not be subject to competitive bidding
requirements and shall be on the following terms:
(1) Not less than a specified percentage of the costs of
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the contract shall be paid within two years from the date of
purchase, as determined and approved by the legislative
authority of a municipal corporation.
(2) The remaining balance of the costs of the contract
shall be paid within the lesser of the average system life of
the energy conservation measures as specified in the energy
conservation report or thirty years.
(E) The legislative authority of a municipal corporation
may issue the notes of the municipal corporation specifying the
terms of a purchase of energy conservation measures under this
section and securing any deferred payments provided for in
division (C)(D) of this section. The notes shall be payable at
the times provided and bear interest at a rate not exceeding the
rate determined as provided in section 9.95 of the Revised Code.
The notes may contain an option for prepayment and shall not be
subject to Chapter 133. of the Revised Code. Revenues derived
from local taxes or otherwise, for the purpose of conserving
energy or for defraying the current operating expenses of the
municipal corporation, may be pledged and applied to the payment
of interest and the retirement of the notes. The notes may be
sold at private sale or given to the contractor under an
installment payment contract authorized by division (C)(D) of
this section.
(F) Debt incurred under this section shall not be included
in the calculation of the net indebtedness of a municipal
corporation under section 133.05 of the Revised Code.
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of
the Revised Code, and in the penal laws, except as otherwise
provided:
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(A) "Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean electric
personal assistive mobility devices, low-speed micromobility
devices, vehicles that are operated exclusively on rails or
tracks or from overhead electric trolley wires, and vehicles
that belong to any police department, municipal fire department,
or volunteer fire department, or that are used by such a
department in the discharge of its functions.
(B) "Motor vehicle" means any vehicle, including mobile
homes and recreational vehicles, that is propelled or drawn by
power other than muscular power or power collected from overhead
electric trolley wires. "Motor vehicle" does not include utility
vehicles as defined in division (VV) of this section, under-
speed vehicles as defined in division (XX) of this section,
mini-trucks as defined in division (BBB) of this section,
motorized bicycles, electric bicycles, road rollers, traction
engines, power shovels, power cranes, and other equipment used
in construction work and not designed for or employed in general
highway transportation, well-drilling machinery, ditch-digging
machinery, farm machinery, and trailers that are designed and
used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on
a public road or highway for a distance of no more than ten
miles and at a speed of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any
self-propelling vehicle that is designed or used for drawing
other vehicles or wheeled machinery, but has no provisions for
carrying loads independently of such other vehicles, and that is
used principally for agricultural purposes.
(D) "Commercial tractor," except as defined in division
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(C) of this section, means any motor vehicle that has motive
power and either is designed or used for drawing other motor
vehicles, or is designed or used for drawing another motor
vehicle while carrying a portion of the other motor vehicle or
its load, or both.
(E) "Passenger car" means any motor vehicle that is
designed and used for carrying not more than nine persons and
includes any motor vehicle that is designed and used for
carrying not more than fifteen persons in a ridesharing
arrangement.
(F) "Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special
interest, that has a fair market value of one hundred dollars or
more, whether operable or not, and that is owned, operated,
collected, preserved, restored, maintained, or used essentially
as a collector's item, leisure pursuit, or investment, but not
as the owner's principal means of transportation. "Licensed
collector's vehicle" means a collector's vehicle, other than an
agricultural tractor or traction engine, that displays current,
valid license tags issued under section 4503.45 of the Revised
Code, or a similar type of motor vehicle that displays current,
valid license tags issued under substantially equivalent
provisions in the laws of other states.
(G) "Historical motor vehicle" means any motor vehicle
that is over twenty-five years old and is owned solely as a
collector's item and for participation in club activities,
exhibitions, tours, parades, and similar uses, but that in no
event is used for general transportation.
(H) "Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
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Revised Code, that is designed by the manufacturer to carry a
load of no more than one ton and is used exclusively for
purposes other than engaging in business for profit.
(I) "Bus" means any motor vehicle that has motor power and
is designed and used for carrying more than nine passengers,
except any motor vehicle that is designed and used for carrying
not more than fifteen passengers in a ridesharing arrangement.
(J) "Commercial car" or "truck" means any motor vehicle
that has motor power and is designed and used for carrying
merchandise or freight, or that is used as a commercial tractor.
(K) "Bicycle" means every device, other than a device that
is designed solely for use as a play vehicle by a child, that is
propelled solely by human power upon which a person may ride,
and that has two or more wheels, any of which is more than
fourteen inches in diameter has the same meaning as in section
4511.01 of the Revised Code .
(L) "Motorized bicycle" or "moped" means any vehicle that
either has two tandem wheels or one wheel in the front and two
wheels in the rear, that may be pedaled, and that is equipped
with a helper motor of not more than fifty cubic centimeters
piston displacement that produces no more than one brake
horsepower and is capable of propelling the vehicle at a speed
of no greater than twenty miles per hour on a level surface.
"Motorized bicycle" or "moped" does not include an electric
bicycle.
(M) "Trailer" means any vehicle without motive power that
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and
includes any such vehicle that is formed by or operated as a
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combination of a semitrailer and a vehicle of the dolly type
such as that commonly known as a trailer dolly, a vehicle used
to transport agricultural produce or agricultural production
materials between a local place of storage or supply and the
farm when drawn or towed on a public road or highway at a speed
greater than twenty-five miles per hour, and a vehicle that is
designed and used exclusively to transport a boat between a
place of storage and a marina, or in and around a marina, when
drawn or towed on a public road or highway for a distance of
more than ten miles or at a speed of more than twenty-five miles
per hour. "Trailer" does not include a manufactured home or
travel trailer.
(N) "Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as
described in division (B) of this section, but, where
applicable, includes a vehicle that is used to transport a boat
as described in division (M) of this section, that has a gross
weight of no more than ten thousand pounds, and that is used
exclusively for purposes other than engaging in business for a
profit, such as the transportation of personal items for
personal or recreational purposes.
(O) "Mobile home" means a building unit or assembly of
closed construction that is fabricated in an off-site facility,
is more than thirty-five body feet in length or, when erected on
site, is three hundred twenty or more square feet, is built on a
permanent chassis, is transportable in one or more sections, and
does not qualify as a manufactured home as defined in division
(C)(4) of section 3781.06 of the Revised Code or as an
industrialized unit as defined in division (C)(3) of section
3781.06 of the Revised Code.
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(P) "Semitrailer" means any vehicle of the trailer type
that does not have motive power and is so designed or used with
another and separate motor vehicle that in operation a part of
its own weight or that of its load, or both, rests upon and is
carried by the other vehicle furnishing the motive power for
propelling itself and the vehicle referred to in this division,
and includes, for the purpose only of registration and taxation
under those chapters, any vehicle of the dolly type, such as a
trailer dolly, that is designed or used for the conversion of a
semitrailer into a trailer.
(Q) "Recreational vehicle" means a vehicular portable
structure that meets all of the following conditions:
(1) It is designed for the sole purpose of recreational
travel.
(2) It is not used for the purpose of engaging in business
for profit.
(3) It is not used for the purpose of engaging in
intrastate commerce.
(4) It is not used for the purpose of commerce as defined
in 49 C.F.R. 383.5, as amended.
(5) It is not regulated by the public utilities commission
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.
(6) It is classed as one of the following:
(a) "Travel trailer" or "house vehicle" means a nonself-
propelled recreational vehicle that does not exceed an overall
length of forty feet, exclusive of bumper and tongue or
coupling. "Travel trailer" includes a tent-type fold-out camping
trailer as defined in section 4517.01 of the Revised Code.
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(b) "Motor home" means a self-propelled recreational
vehicle that has no fifth wheel and is constructed with
permanently installed facilities for cold storage, cooking and
consuming of food, and for sleeping.
(c) "Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed
to be placed upon and attached to a motor vehicle. "Truck
camper" does not include truck covers that consist of walls and
a roof, but do not have floors and facilities enabling them to
be used as a dwelling.
(d) "Fifth wheel trailer" means a vehicle that is of such
size and weight as to be movable without a special highway
permit, that is constructed with a raised forward section that
allows a bi-level floor plan, and that is designed to be towed
by a vehicle equipped with a fifth-wheel hitch ordinarily
installed in the bed of a truck.
(e) "Park trailer" means a vehicle that is commonly known
as a park model recreational vehicle, meets the American
national standard institute standard A119.5 (1988) for park
trailers, is built on a single chassis, has a gross trailer area
of four hundred square feet or less when set up, is designed for
seasonal or temporary living quarters, and may be connected to
utilities necessary for the operation of installed features and
appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S) "Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of
the load.
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(T) "Solid tire vehicle" means any vehicle that is
equipped with two or more solid tires.
(U) "Farm machinery" means all machines and tools that are
used in the production, harvesting, and care of farm products,
and includes trailers that are used to transport agricultural
produce or agricultural production materials between a local
place of storage or supply and the farm, agricultural tractors,
threshing machinery, hay-baling machinery, corn shellers,
hammermills, and machinery used in the production of
horticultural, agricultural, and vegetable products.
(V) "Owner" includes any person or firm, other than a
manufacturer or dealer, that has title to a motor vehicle,
except that, in sections 4505.01 to 4505.19 of the Revised Code,
"owner" includes in addition manufacturers and dealers.
(W) "Manufacturer" and "dealer" include all persons and
firms that are regularly engaged in the business of
manufacturing, selling, displaying, offering for sale, or
dealing in motor vehicles, at an established place of business
that is used exclusively for the purpose of manufacturing,
selling, displaying, offering for sale, or dealing in motor
vehicles. A place of business that is used for manufacturing,
selling, displaying, offering for sale, or dealing in motor
vehicles shall be deemed to be used exclusively for those
purposes even though snowmobiles or all-purpose vehicles are
sold or displayed for sale thereat, even though farm machinery
is sold or displayed for sale thereat, or even though repair,
accessory, gasoline and oil, storage, parts, service, or paint
departments are maintained thereat, or, in any county having a
population of less than seventy-five thousand at the last
federal census, even though a department in a place of business
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is used to dismantle, salvage, or rebuild motor vehicles by
means of used parts, if such departments are operated for the
purpose of furthering and assisting in the business of
manufacturing, selling, displaying, offering for sale, or
dealing in motor vehicles. Places of business or departments in
a place of business used to dismantle, salvage, or rebuild motor
vehicles by means of using used parts are not considered as
being maintained for the purpose of assisting or furthering the
manufacturing, selling, displaying, and offering for sale or
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates
a motor vehicle upon the public highways.
(Y) "Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily
involved in a ridesharing arrangement is not considered an
employee for hire or operating such vehicle for gain,
compensation, or profit.
(Z) "State" includes the territories and federal districts
of the United States, and the provinces of Canada.
(AA) "Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB) "Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the
chassis or other part of the motor vehicle.
(CC) "Motor number" means the manufacturer's original
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number that is affixed to or imprinted upon the engine or motor
of the vehicle.
(DD) "Distributor" means any person who is authorized by a
motor vehicle manufacturer to distribute new motor vehicles to
licensed motor vehicle dealers at an established place of
business that is used exclusively for the purpose of
distributing new motor vehicles to licensed motor vehicle
dealers, except when the distributor also is a new motor vehicle
dealer, in which case the distributor may distribute at the
location of the distributor's licensed dealership.
(EE) "Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental to another purpose of a volunteer driver and includes
ridesharing arrangements known as carpools, vanpools, and
buspools.
(FF) "Apportionable vehicle" means any vehicle that is
used or intended for use in two or more international
registration plan member jurisdictions that allocate or
proportionally register vehicles, that is used for the
transportation of persons for hire or designed, used, or
maintained primarily for the transportation of property, and
that meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in
excess of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
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vehicles, vehicles displaying restricted plates, city pick-up
and delivery vehicles, or vehicles owned and operated by the
United States, this state, or any political subdivisions
thereof.
(GG) "Chartered party" means a group of persons who
contract as a group to acquire the exclusive use of a passenger-
carrying motor vehicle at a fixed charge for the vehicle in
accordance with the carrier's tariff, lawfully on file with the
United States department of transportation, for the purpose of
group travel to a specified destination or for a particular
itinerary, either agreed upon in advance or modified by the
chartered group after having left the place of origin.
(HH) "International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American association of motor vehicle administrators, and that
promotes and encourages the fullest possible use of the highway
system by authorizing apportioned registration of fleets of
vehicles and recognizing registration of vehicles apportioned in
member jurisdictions.
(II) "Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (J)
of section 4503.04 of the Revised Code.
(JJ) "Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 or 4503.65 of the Revised
Code, means the unladen weight of the vehicle fully equipped
plus the maximum weight of the load to be carried on the
vehicle.
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(KK) "Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is taxed at the rates established under section 4503.042 or
4503.65 of the Revised Code, means the total unladen weight of
the combination of vehicles fully equipped plus the maximum
weight of the load to be carried on that combination of
vehicles.
(LL) "Chauffeured limousine" means a motor vehicle that is
designed to carry nine or fewer passengers and is operated for
hire pursuant to a prearranged contract for the transportation
of passengers on public roads and highways along a route under
the control of the person hiring the vehicle and not over a
defined and regular route. "Prearranged contract" means an
agreement, made in advance of boarding, to provide
transportation from a specific location in a chauffeured
limousine. "Chauffeured limousine" does not include any vehicle
that is used exclusively in the business of funeral directing.
(MM) "Manufactured home" has the same meaning as in
division (C)(4) of section 3781.06 of the Revised Code.
(NN) "Acquired situs," with respect to a manufactured home
or a mobile home, means to become located in this state by the
placement of the home on real property, but does not include the
placement of a manufactured home or a mobile home in the
inventory of a new motor vehicle dealer or the inventory of a
manufacturer, remanufacturer, or distributor of manufactured or
mobile homes.
(OO) "Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails capabilities similar to these technologies.
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(PP) "Electronic record" means a record generated,
communicated, received, or stored by electronic means for use in
an information system or for transmission from one information
system to another.
(QQ) "Electronic signature" means a signature in
electronic form attached to or logically associated with an
electronic record.
(RR) "Financial transaction device" has the same meaning
as in division (A) of section 113.40 of the Revised Code.
(SS) "Electronic motor vehicle dealer" means a motor
vehicle dealer licensed under Chapter 4517. of the Revised Code
whom the registrar of motor vehicles determines meets the
criteria designated in section 4503.035 of the Revised Code for
electronic motor vehicle dealers and designates as an electronic
motor vehicle dealer under that section.
(TT) "Electric personal assistive mobility device" means a
self-balancing two non-tandem wheeled device that is designed to
transport only one person, has an electric propulsion system of
an average of seven hundred fifty watts, and when ridden on a
paved level surface by an operator who weighs one hundred
seventy pounds has a maximum speed of less than twenty miles per
hour.
(UU) "Limited driving privileges" means the privilege to
operate a motor vehicle that a court grants under section
4510.021 of the Revised Code to a person whose driver's or
commercial driver's license or permit or nonresident operating
privilege has been suspended.
(VV) "Utility vehicle" means a self-propelled vehicle
designed with a bed, principally for the purpose of transporting
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As Introduced
material or cargo in connection with construction, agricultural,
forestry, grounds maintenance, lawn and garden, materials
handling, or similar activities.
(WW) "Low-speed vehicle" means a three- or four-wheeled
motor vehicle with an attainable speed in one mile on a paved
level surface of more than twenty miles per hour but not more
than twenty-five miles per hour and with a gross vehicle weight
rating less than three thousand pounds.
(XX) "Under-speed vehicle" means a three- or four-wheeled
vehicle, including a vehicle commonly known as a golf cart, with
an attainable speed on a paved level surface of not more than
twenty miles per hour and with a gross vehicle weight rating
less than three thousand pounds.
(YY) "Motor-driven cycle or motor scooter" means any
vehicle designed to travel on not more than three wheels in
contact with the ground, with a seat for the driver and floor
pad for the driver's feet, and is equipped with a motor with a
piston displacement between fifty and one hundred cubic
centimeters piston displacement that produces not more than five
brake horsepower and is capable of propelling the vehicle at a
speed greater than twenty miles per hour on a level surface.
(ZZ) "Motorcycle" means a motor vehicle with motive power
having a seat or saddle for the use of the operator, designed to
travel on not more than three wheels in contact with the ground,
and having no occupant compartment top or occupant compartment
top that can be installed or removed by the user.
(AAA) "Cab-enclosed motorcycle" means a motor vehicle with
motive power having a seat or saddle for the use of the
operator, designed to travel on not more than three wheels in
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As Introduced
contact with the ground, and having an occupant compartment top
or an occupant compartment top that is installed.
(BBB) "Mini-truck" means a vehicle that has four wheels,
is propelled by an electric motor with a rated power of seven
thousand five hundred watts or less or an internal combustion
engine with a piston displacement capacity of six hundred sixty
cubic centimeters or less, has a total dry weight of nine
hundred to two thousand two hundred pounds, contains an enclosed
cabin and a seat for the vehicle operator, resembles a pickup
truck or van with a cargo area or bed located at the rear of the
vehicle, and was not originally manufactured to meet federal
motor vehicle safety standards.
(CCC) "Autocycle" means a three-wheeled motorcycle that is
manufactured to comply with federal safety requirements for
motorcycles and that is equipped with safety belts, a steering
wheel, and seating that does not require the operator to
straddle or sit astride to ride the motorcycle.
(DDD) "Plug-in hybrid electric motor vehicle" means a
passenger car powered in part by a battery cell energy system
that can be recharged via an external source of electricity.
(EEE) "Hybrid motor vehicle" means a passenger car powered
by an internal propulsion system consisting of both of the
following:
(1) A combustion engine;
(2) A battery cell energy system that cannot be recharged
via an external source of electricity but can be recharged by
other vehicle mechanisms that capture and store electric energy.
(FFF) "Low-speed micromobility device" means a device
weighing less than one hundred pounds that has handlebars, is
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As Introduced
propelled by an electric motor or human power, and has an
attainable speed on a paved level surface of not more than
twenty miles per hour when propelled by the electric motor.
(GGG) "Specialty license plate" means a license plate,
authorized by the general assembly, that displays a combination
of words, markings, logos, or other graphic artwork that is in
addition to the words, images, and distinctive numbers and
letters required by section 4503.22 of the Revised Code.
(HHH) "Battery electric motor vehicle" means a passenger
car powered wholly by a battery cell energy system that can be
recharged via an external source of electricity.
(III) "Adaptive mobility vehicle" means either a new
passenger car or bus purchased from a new motor vehicle dealer
or a used passenger car or bus, provided that such passenger car
or bus is designed, modified, or equipped to enable an
individual with a disability to operate or to be transported in
the passenger car or bus, in accordance with 49 C.F.R. part 568
or 595, and contains at least one of the following:
(1) An electronic or mechanical lift that enables a person
to enter or exit the motor vehicle while occupying a wheelchair
or scooter;
(2) An electronic or mechanical wheelchair ramp;
(3) A system to secure a wheelchair or scooter in order to
allow a person to operate or be transported safely while
occupying that wheelchair or scooter.
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code:
(A) "Vehicle" means every device , including a motorized
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As Introduced
bicycle and an electric bicycle, in, upon, or by which any
person or property may be transported or drawn upon a highway ,
except that "vehicle" . "Vehicle" does not include any motorized
wheelchair, any electric personal assistive mobility device, any
low-speed micromobility device, any personal delivery device as
defined in section 4511.513 of the Revised Code, any device that
is moved by power collected from overhead electric trolley wires
or that is used exclusively upon stationary rails or tracks, or
any device, other than a bicycle, that is moved by human power.
(B) "Motor vehicle" means every vehicle propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires, except motorized bicycles,
electric bicycles, road rollers, traction engines, power
shovels, power cranes, and other equipment used in construction
work and not designed for or employed in general highway
transportation, hole-digging machinery, well-drilling machinery,
ditch-digging machinery, farm machinery, and trailers designed
and used exclusively to transport a boat between a place of
storage and a marina, or in and around a marina, when drawn or
towed on a street or highway for a distance of no more than ten
miles and at a speed of twenty-five miles per hour or less.
(C) "Motorcycle" means every motor vehicle, other than a
tractor, having a seat or saddle for the use of the operator and
designed to travel on not more than three wheels in contact with
the ground, including, but not limited to, motor vehicles known
as "motor-driven cycle," "motor scooter," "autocycle," "cab-
enclosed motorcycle," or "motorcycle" without regard to weight
or brake horsepower.
(D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
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As Introduced
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer.
(E) "Public safety vehicle" means any of the following:
(1) Ambulances, including private ambulance companies
under contract to a municipal corporation, township, or county,
and private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code;
(2) Motor vehicles used by public law enforcement officers
or other persons sworn to enforce the criminal and traffic laws
of the state;
(3) Any motor vehicle when properly identified as required
by the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill
or injured persons, and when operated by a duly qualified person
who is a member of a volunteer rescue service or a volunteer
fire department, and who is on duty pursuant to the rules or
directives of that service. The state fire marshal shall be
designated by the director of public safety as the certifying
agency for all public safety vehicles described in division (E)
(3) of this section.
(4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding to
emergency calls in the fire department service when identified
as required by the director of public safety.
Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless
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As Introduced
of whether such vehicle has already passed a hospital.
(5) Vehicles used by the motor carrier enforcement unit
for the enforcement of orders and rules of the public utilities
commission as specified in section 5503.34 of the Revised Code.
(F) "School bus" means every bus designed for carrying
more than nine passengers that is owned by a public, private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function , provided "school . "School
bus" does not include a bus operated by a municipally owned
transportation system, a mass transit company operating
exclusively within the territorial limits of a municipal
corporation, or within such limits and the territorial limits of
municipal corporations immediately contiguous to such municipal
corporation, nor a common passenger carrier certified by the
public utilities commission unless such bus is devoted
exclusively to the transportation of children to and from a
school session or a school function ,; and "school bus" does not
include a van or bus used by a licensed child care center or
type A family child care home to transport children from the
child care center or type A family child care home to a school
if the van or bus does not have more than fifteen children in
the van or bus at any time.
(G) "Bicycle" means every device, other than a device that
is designed solely for use as a play vehicle by a child, that is
propelled solely by human power upon which a person may ride,
and that has two or more wheels, any of which is more than
fourteen inches in diameter a pedal-powered vehicle upon which a
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As Introduced
human operator sits, including an electric bicycle .
(H) "Motorized bicycle" or "moped" means any vehicle
having either two tandem wheels or one wheel in the front and
two wheels in the rear, that may be pedaled, and that is
equipped with a helper motor of not more than fifty cubic
centimeters piston displacement that produces not more than one
brake horsepower and is capable of propelling the vehicle at a
speed of not greater than twenty miles per hour on a level
surface. "Motorized bicycle" or "moped" does not include an
electric bicycle.
(I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such
other vehicles, or load thereon, or both.
(J) "Agricultural tractor" means and "traction engine"
mean every self-propelling vehicle designed or used for drawing
other vehicles or wheeled machinery but having no provision for
carrying loads independently of such other vehicles, and used
principally for agricultural purposes.
(K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a
taxicab or motor vehicle used in a ridesharing arrangement,
designed and used for the transportation of persons for
compensation.
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As Introduced
(M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural
produce or agricultural production materials between a local
place of storage or supply and the farm when drawn or towed on a
street or highway at a speed greater than twenty-five miles per
hour, and a vehicle designed and used exclusively to transport a
boat between a place of storage and a marina, or in and around a
marina, when drawn or towed on a street or highway for a
distance of more than ten miles or at a speed of more than
twenty-five miles per hour.
(N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle.
(O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally,
of sustaining themselves as beams between the supporting
connections.
(P) "Railroad" means a carrier of persons or property
operating upon rails or tracks placed principally on a private
right-of-way.
(Q) "Railroad trainTrain" means a steam engine or an
electric or other motor, with or without cars coupled thereto,
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operated by a railroad one or more locomotives coupled, with or
without cars, that operates on rails or tracks and to which all
other traffic is required by law to yield the right-of-way at
highway-rail grade crossings .
(R) "Streetcar" means a car, other than a railroad train,
for transporting persons or property, operated upon rails
principally within a street or highway.
(S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks.
(T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an
explosion that contains any oxidizing and combustible units or
other ingredients in such proportions, quantities, or packing
that an ignition by fire, by friction, by concussion, by
percussion, or by a detonator of any part of the compound or
mixture may cause such a sudden generation of highly heated
gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects, or of
destroying life or limb. Manufactured articles shall not be held
to be explosives when the individual units contain explosives in
such limited quantities, of such nature, or in such packing,
that it is impossible to procure a simultaneous or a destructive
explosion of such units, to the injury of life, limb, or
property by fire, by friction, by concussion, by percussion, or
by a detonator, such as fixed ammunition for small arms,
firecrackers, or safety fuse matches.
(U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device.
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(V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W) "Person" means every natural person, firm, co-
partnership, association, or corporation.
(X) "Pedestrian" means any natural person afooton foot, in
a motorized or non-motorized wheelchair, or using another
equivalent device, such as skates or a skateboard . "Pedestrian"
includes a personal delivery device as defined in section
4511.513 of the Revised Code unless the context clearly suggests
otherwise.
(Y) "Driver or operator" means every person who drives or
is in actual physical control of a vehicle, trackless trolley,
or streetcar.
(Z) "Police officer" means every officer authorized to
direct or regulate traffic, or to make arrests for violations of
traffic regulations.
(AA) "Local authorities" means every county, municipal,
and other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB) "Street" or "highway" means the entire width between
the boundary lines of every way open to the use of the public as
a thoroughfare for purposes of vehicular a general term for
denoting a public way for purposes of travel by vehicles,
streetcars, trackless trolleys, and vulnerable road users,
including the entire area within the right-of-way .
(CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting
lands and other persons have no legal right of access to or from
the same except at such points only and in such manner as may be
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determined by the public authority having jurisdiction over such
street or highway.
(DD) "Private road or driveway" means every way or place
in private ownership used for vehicular travel by the owner and
those having express or implied permission from the owner but
not by other persons.
(EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel and parking
lanes, except not including the berm, sidewalk, or shoulder,
even if the berm, sidewalk, or shoulder is used by a person
operating a human-powered vehicle . If a highway includes two or
more separate roadways the term "roadway" means any such roadway
separately but not all such roadways collectively.
(FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines or easements of private property, that is paved
or improved, and is intended for the use of pedestrians.
(GG) "Laned highway" means a highway the roadway of which
is divided into two or more clearly marked lanes for vehicular
traffic.
(HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code.
(II) "State highway" means a highway under the
jurisdiction of the department of transportation, outside the
limits of municipal corporations, provided that the authority
conferred upon the director of transportation in section 5511.01
of the Revised Code to erect state highway route markers and
signs directing traffic shall not be modified by sections
4511.01 to 4511.79 and 4511.99 of the Revised Code.
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(JJ) "State route" means every highway that is designated
with an official state route number and so marked.
(KK) "Intersection" means:
(1) The area embraced within the prolongation or
connection of the lateral curb lines, or, if none, the lateral
boundary lines of the roadways of two highways that join one
another at, or approximately at, right angles, or the area
within which vehicles traveling upon different highways that
join at any other angle might come into conflict. The junction
of an alley or , driveway, or site roadway open to public travel
with a public roadway or highway does not constitute an
intersection, unless the public roadway or highway at the
junction is controlled by a traffic control device.
(2) If a highway includes two roadways that are thirty
feet or more apartseparated by a median , then every crossing of
each roadway of such divided highway by an intersecting highway
constitutes a separate intersection if the opposing left-turn
paths cross and there is sufficient interior storage for the
design vehicle. If both intersecting highways include two
roadways thirty feet or more apart, then every crossing of any
two roadways of such highways constitutes a separate
intersectionAs used in this division, "design vehicle" means the
longest vehicle permitted to operate on that roadway .
(3) At a location controlled by a highway traffic control
signal, regardless of the distance between the separate
intersections as described in division (KK)(2) of this section:
(a) If a stop line, yield line, or crosswalk has not been
designated on the roadway within the median between the separate
intersections, the two intersections and the roadway and median
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1073 H. B. No. 54 Page 38
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constitute one intersection.
(b) Where a stop line, yield line, or crosswalk line is
designated on the roadway on the intersection approach, the area
within the crosswalk and any area beyond the designated stop
line or yield line constitute part of the intersection.
(c) Where a crosswalk is designated on a roadway on the
departure from the intersection, the intersection includes the
area that extends to the far side of the crosswalk.
(LL) "Crosswalk" means:
(1) That part of a roadway at intersections ordinarily an
intersection included within the real or projected prolongation
of property lines and curb lines connections of the lateral
lines of the sidewalks on opposite sides of the highway measured
from the curbs, or, in the absence of curbs, from the edges of
the traversable roadway , and in the absence of a sidewalk on one
side of the roadway, the part of a roadway included within the
extension of the lateral lines of the sidewalk at right angles
to the center line;
(2) Any portion of a roadway at an intersection or
elsewhere, distinctly indicated for pedestrian crossing by lines
or other markings on the surface , which might be supplemented by
contrasting pavement texture, style, or color ;
(3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a "crosswalk" does not include an
area where local authorities have placed signs indicating no
crossing.
(MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
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plainly visible at all times.
(NN) "Business district" means the territory fronting upon
a street or highway, including the street or highway, between
successive intersections within municipal corporations where
fifty per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or
more is occupied by buildings in use for business, and the
character of such territory is indicated by official traffic
control devices.
(OO) "Residence district" means the territory, not
comprising a business district, fronting on a street or highway,
including the street or 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.
(PP) "Urban district" means the territory contiguous to
and including any street or highway which is built up with
structures devoted to business, industry, or dwelling houses
situated at intervals of less than one hundred feet for a
distance of a quarter of a mile or more, and the character of
such territory is indicated by official traffic control devices.
(QQ) "Traffic control device" means a flagger, sign,
signal, marking, channelization device, or other device used to
regulate, warn, or guide traffic, placed on, over, or adjacent
that uses colors, shapes, symbols, words, sounds, or tactile
information for the primary purpose of communicating a
regulatory, warning, or guidance message to road users on a
street, highway, private road site roadway open to public
travel, pedestrian facility, or shared-use path by authority of
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a public agency or official having jurisdiction, or, in the case
of a private road open to public travel, by authority of the
private owner or private official having jurisdiction bikeway, or
pathway.
(RR) "Traffic control signal" means any a highway traffic
signal by which placed at an intersection, movable bridge, fire
station, midblock crosswalk, alternating one-way sections of a
single lane road, private driveway, or other location that
requires conflicting traffic is alternately to be directed to
stop and permitted to proceed in an orderly manner. "Traffic
control signal" includes a vehicular signal indication, a
pedestrian signal indication, and a bicycle symbol signal
indication. "Traffic control signal" does not include an
emergency-vehicle hybrid beacon or a pedestrian hybrid beacon .
(SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(TT) "Traffic" means pedestrians, ridden or herded
animals, vehicles, streetcars, trackless trolleys, and other
devices, either singly or together, while using for purposes of
travel any highway or private road site roadway open to public
travel.
(UU) "Right-of-way" means either of the following, as the
context requires:
(1) The right of a vehicle, streetcar, trackless trolley,
or pedestrian to proceed uninterruptedly in a lawful manner in
the direction in which it or the individual is moving in
preference to another vehicle, streetcar, trackless trolley, or
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1161 H. B. No. 54 Page 41
As Introduced
pedestrian approaching from a different direction into its or
the individual's path;
(2) A general term denoting land, property, or the
interest therein, usually in the configuration of a strip,
acquired for or devoted to transportation purposes. When used in
this context, right-of-way includes the roadway, shoulders or
berm, ditch, and slopes extending to the right-of-way limits
under the control of the state or local authority.
(VV) "Rural mail delivery vehicle" means every vehicle
used to deliver United States mail on a rural mail delivery
route.
(WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the
movement of a funeral procession.
(XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban
districts and not intended for the purpose of through vehicular
traffic, and includes any street or highway that has been
declared an "alley" by the legislative authority of the
municipal corporation in which such street or highway is
located.
(YY) "Freeway" means a divided multi-lane highway for
through traffic with all crossroads separated in grade and with
full control of access.
(ZZ) "Expressway" means a divided arterial street or
highway for through traffic with full or partial control of
access with an excess of fifty per cent of all crossroads
separated in grade.
(AAA) "Thruway" means a through highway whose entire
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As Introduced
roadway is reserved for through traffic and on which roadway
parking is prohibited.
(BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected.
(CCC) "Arterial street or highway" means any United States
or state numbered route, controlled access highway, or other
major radial or circumferential a street or highway primarily
used by through traffic, usually on a continuous route or a
street or highway designated by local authorities within their
respective jurisdictions as part of a major an arterial system
of streets or highways .
(DDD) "Ridesharing arrangement" means the transportation
of persons in a motor vehicle where such transportation is
incidental to another purpose of a volunteer driver and includes
ridesharing arrangements known as carpools, vanpools, and
buspools.
(EEE) "Motorized wheelchair" means any self-propelled
vehicle designed for, and used by, a person with a disability
and that is incapable of a speed in excess of eight miles per
hour.
(FFF) "Child care center" and "type A family child care
home" have the same meanings as in section 5104.01 of the
Revised Code.
(GGG) "Multi-wheel agricultural tractor" means a type of
agricultural tractor that has two or more wheels or tires on
each side of one axle at the rear of the tractor, is designed or
used for drawing other vehicles or wheeled machinery, has no
provision for carrying loads independently of the drawn vehicles
or machinery, and is used principally for agricultural purposes.
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As Introduced
(HHH) "Operate" means to cause or have caused movement of
a vehicle, streetcar, or trackless trolley.
(III) "Predicate motor vehicle or traffic offense" means
any of the following:
(1) A violation of section 4511.03, 4511.051, 4511.12,
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211,
4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28,
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35,
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451,
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50,
4511.511, 4511.522, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57,
4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661,
4511.68, 4511.70, 4511.701, 4511.71, 4511.711, 4511.712,
4511.713, 4511.72, 4511.73, 4511.763, 4511.771, 4511.78, or
4511.84 of the Revised Code;
(2) A violation of division (A)(2) of section 4511.17,
divisions (A) to (D) of section 4511.51, or division (A) of
section 4511.74 of the Revised Code;
(3) A violation of any provision of sections 4511.01 to
4511.76 of the Revised Code for which no penalty otherwise is
provided in the section that contains the provision violated;
(4) A violation of section 4511.214 of the Revised Code;
(5) A violation of a municipal ordinance that is
substantially similar to any section or provision set forth or
described in division (III)(1), (2), (3), or (4) of this
section.
(JJJ) "Road service vehicle" means wreckers, utility
repair vehicles, and state, county, and municipal service
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As Introduced
vehicles equipped with visual signals by means of flashing,
rotating, or oscillating lights.
(KKK) "Beacon" means a highway traffic signal with one or
more signal sections that operate in a flashing mode.
(LLL) "Hybrid beacon" means a special type of beacon that
is intentionally placed in a dark mode where no indications are
displayed between periods of operation where no indications are
displayed and, when in operationoperated, displays both steady
and flashing highway traffic control signal indications. "Hybrid
beacon" includes both of the following:
(1) An emergency-vehicle hybrid beacon used to warn and
control traffic at an otherwise unsignalized location to assist
authorized emergency vehicles in entering or crossing a street
or highway;
(2) A pedestrian hybrid beacon used to warn and control
traffic at an otherwise unsignalized location to assist
pedestrians in crossing a street or highway at a marked
crosswalk.
(MMM) "Highway traffic signal" means a power-operated
traffic control device by which traffic is warned or directed to
take some specific action. "Highway traffic signal" includes a
beacon, an in-road warning light, a lane-use control signal, and
a traffic control signal. "Highway traffic signal" does not
include a power-operated sign, steadily illuminated pavement
marker, gate, flashing light signal, warning light, or steady
burning electric lamp.
(NNN) "Median" means the portion of a highway separating
opposing directions of the traveled way or the area between two
roadways of a divided highway, measured from edge of traveled
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As Introduced
way to edge of traveled way , but excluding . The median excludes
turn lanes. The width of a median may be different between
intersections, between interchanges, and at opposite approaches
of the same intersection.
(OOO) "Private road Site roadway open to public travel"
means a private toll road or road, including any adjacent
sidewalks that generally run parallel to the road, within
roadway or bikeway on site of a shopping center, office park,
airport, school, university, sports arena, recreational park, or
other similar business , government, or recreation facility that
is publicly or privately owned but where the public is allowed
to travel without full-time access restrictions. " Private road
Site roadway open to public travel" includes a gated toll road
but does not include a road within a private gated property
roadway where access is restricted at all times by gates or
guards to residents, employees, or other specifically authorized
persons, a parking area, a driving aisle within a parking area,
or a private highway-rail grade crossing.
(PPP) "Shared-use path" means a bikeway outside the
traveled way and physically separated from motorized vehicular
traffic by an open space or barrier and either within the
highway right-of-way or within an independent alignment. A
shared-use path also may be used by pedestrians, including
skaters, joggers, users of manual and motorized wheelchairs, and
other authorized motorized and non-motorized users. A shared-use
path does not include any trail that is intended to be used
primarily for mountain biking, hiking, equestrian use, or other
similar uses, or any other single track or natural surface trail
that has historically been reserved for nonmotorized use.
(QQQ) "Highway maintenance vehicle" means a vehicle used
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As Introduced
in snow and ice removal or road surface maintenance, including a
snow plow, traffic line striper, road sweeper, mowing machine,
asphalt distributing vehicle, or other such vehicle designed for
use in specific highway maintenance activities.
(RRR) "Waste collection vehicle" means a vehicle used in
the collection of garbage, refuse, trash, or recyclable
materials.
(SSS) "Electric bicycle" means a "class 1 electric
bicycle," a "class 2 electric bicycle," or a "class 3 electric
bicycle" as defined in this section.
(TTT) "Class 1 electric bicycle" means a bicycle that is
equipped with fully operable pedals and an electric motor of
less than seven hundred fifty watts that provides assistance
only when the rider is pedaling and ceases to provide assistance
when the bicycle reaches the speed of twenty miles per hour.
(UUU) "Class 2 electric bicycle" means a bicycle that is
equipped with fully operable pedals and an electric motor of
less than seven hundred fifty watts that may provide assistance
regardless of whether the rider is pedaling and is not capable
of providing assistance when the bicycle reaches the speed of
twenty miles per hour.
(VVV) "Class 3 electric bicycle" means a bicycle that is
equipped with fully operable pedals and an electric motor of
less than seven hundred fifty watts that provides assistance
only when the rider is pedaling and ceases to provide assistance
when the bicycle reaches the speed of twenty-eight miles per
hour.
(WWW) "Low-speed micromobility device" means a device
weighing less than one hundred pounds that has handlebars, is
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propelled by an electric motor or human power, and has an
attainable speed on a paved level surface of not more than
twenty miles per hour when propelled by the electric motor.
(XXX) "Natural resources officer" means an officer
appointed pursuant to section 1501.24 of the Revised Code.
(YYY) "Wildlife officer" means an officer designated
pursuant to section 1531.13 of the Revised Code.
(ZZZ) "In-road warning light" means a special type of
highway traffic signal that is installed in the roadway surface
to warn road users that they are approaching a condition on or
adjacent to the roadway that might not be readily apparent and
might require the road users to reduce speed or come to a
complete stop.
(AAAA) "Lane-use control signal" means a signal face or
comparable display on a full-matrix changeable message sign that
displays indications to permit or prohibit the use of specific
lanes of a roadway or a shoulder where driving is sometimes
authorized or to indicate the impending prohibition of such use.
(BBBB) "Bicycle box" means a designated area on the
approach to a signalized intersection, between an advance
motorist stop line and the crosswalk or intersection, that is
intended to provide bicyclists a visible location to wait in
front of stopped motorists during the red signal phase.
(CCCC) "Two-stage bicycle turn box" means a designated
area at an intersection that is intended to provide bicyclists a
place to wait for traffic to clear before proceeding in a
different direction of travel.
(DDDD) "Bicycle lane" means a portion of a roadway that
has been designated for preferential or exclusive use by
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As Introduced
bicyclists and is often delineated from the adjacent general-
purpose lanes by longitudinal pavement markings and either a
bicycle lane symbol, words, or signs. "Bicycle lane" includes
all of the following:
(1) A buffer-separated bicycle lane, which is separated
from the adjacent general-purpose lanes by a pattern of standard
longitudinal pavement markings that are wider than a normal or
wide-lane pavement marking;
(2) A counter-flow bicycle lane, which is a one-
directional bicycle lane that provides a lawful path of travel
for bicycles in the opposite direction from the general traffic
on a roadway that otherwise requires the general traffic to
travel in only one direction. A counter-flow bicycle lane is
designated by the traffic control devices used for other bicycle
lanes;
(3) A separated bicycle lane, which is an exclusive
facility for bicyclists that is located within or directly
adjacent to the roadway and is physically separated from the
motor vehicle traffic with a vertical element.
(EEEE) "Bicycle signal face" means a signal face that
displays only bicycle symbol signal indications in accordance
with section 4511.15 of the Revised Code, that exclusively
controls a bicyclist's movement from a designated bicycle lane
or from a separate facility, and that displays signal
indications that are applicable only to a bicyclist's movement.
(FFFF) "Bicycle signal sign" means a sign meant to inform
road users that the signal indications in the bicycle signal
face are intended only for bicyclists, and to inform bicyclists
which bicyclist movements are controlled by that bicycle signal
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1394 H. B. No. 54 Page 49
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face.
(GGGG) "Bikeway" means any road, street, path, or way that
in some manner is specifically designated for bicycle travel,
regardless of whether the facility is designated for the
exclusive use of bicycles or if it is shared with other modes of
transportation.
(HHHH) "Busway" means a traveled way that is used
exclusively by buses.
(IIII) "Driveway" means an access from a roadway to a
building, site, or abutting property.
(JJJJ) "Roundabout" means a circular intersection with a
yield control at each entry, which permits a vehicle on the
circulatory roadway to proceed, with deflection of the
approaching vehicles counter-clockwise around a central island.
(KKKK) "Shoulder" means a longitudinal area contiguous
with the traveled way that is used for accommodating vehicles
that are stopped for an emergency and for lateral support of
base and surface courses; graded for emergency stopping; either
paved or unpaved; and when paved, may be open for part-time
travel by some or all vehicles or may also be available for use
by pedestrians or bicycles in the absence of other pedestrian or
bicycle facilities.
(LLLL) "Autocycle," "cab-enclosed motorcycle,"
"electronic," "farm machinery," "motor-driven cycle or motor
scooter," "limited driving privileges," and "state" have the
same meanings as in section 4501.01 of the Revised Code.
Sec. 4511.031. (A)(1) No person shall possess a portable
signal preemption device.
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1422 H. B. No. 54 Page 50
As Introduced
(2) No person shall use a portable signal preemption
device to affect the operation of the highway traffic control
signal.
(B) Division (A)(1) of this section does not apply to any
of the following persons and division (A)(2) of this section
does not apply to any of the following persons when responding
to an emergency call:
(1) A peace officer, as defined in division (A)(1), (12),
(14), or (19) of section 109.71 of the Revised Code;
(2) A state highway patrol trooper;
(3) A person while occupying a public safety vehicle as
defined in division (E)(1), (3), or (4) of section 4511.01 of
the Revised Code.
(C) Whoever violates division (A)(1) of this section is
guilty of a misdemeanor of the fourth degree. Whoever violates
division (A)(2) of this section is guilty of a misdemeanor of
the first degree.
(D) As used in this section, "portable signal preemption
device" means a device that, if activated by a person, is
capable of changing a highway traffic control signal to green
out of sequence.
Sec. 4511.09. The department of transportation shall adopt
a manual for a uniform system of traffic control devices,
including signs denoting names of streets and highways, for use
upon any street, highway, bikeway, or private road site roadway
open to public travel within this state. Such uniform system
shall correlate with, and so far as possible conform to, the
system approved by the federal highway administration.
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Sec. 4511.091. (A) The driver of any motor vehicle that
has been checked by radar, or by any electrical or mechanical
timing device to determine the speed of the motor vehicle over a
measured distance of a highway or a measured distance of a
private road or driveway, and found to be in violation of any of
the provisions of section 4511.21 or 4511.211 of the Revised
Code, may be arrested until a warrant can be obtained, provided
the arresting officer has observed the recording of the speed of
the motor vehicle by the radio microwaves, electrical or
mechanical timing device, or has received a radio message from
the officer who observed the speed of the motor vehicle recorded
by the radio microwaves, electrical or mechanical timing device;
provided, in case of an arrest based on such a message, the
radio message has been dispatched immediately after the speed of
the motor vehicle was recorded and the arresting officer is
furnished a description of the motor vehicle for proper
identification and the recorded speed.
(B) If the driver of a motor vehicle being driven on a
public street or highway of this state is observed violating any
provision of this chapter other than section 4511.21 or 4511.211
of the Revised Code by a law enforcement officer situated at any
location, including in any type of airborne aircraft or airship,
that law enforcement officer may send a radio message to another
law enforcement officer, and the other law enforcement officer
may arrest the driver of the motor vehicle until a warrant can
be obtained or may issue the driver a citation for the
violation; provided, if an arrest or citation is based on such a
message, the radio message is dispatched immediately after the
violation is observed and the law enforcement officer who
observes the violation furnishes to the law enforcement officer
who makes the arrest or issues the citation a description of the
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1481 H. B. No. 54 Page 52
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alleged violation and the motor vehicle for proper
identification.
(C)(1) No person shall be arrested, charged, or convicted
of a violation of any provision of divisions (B) to (O) of
section 4511.21 or section 4511.211 of the Revised Code or a
substantially similar municipal ordinance based on a peace
officer's unaided visual estimation of the speed of a motor
vehicle, trackless trolley, or streetcar. This division does not
do any of the following:
(a) Preclude the use by a peace officer of a stopwatch,
radar, laser, or other electrical, mechanical, or digital device
to determine the speed of a motor vehicle;
(b) Apply regarding any violation other than a violation
of divisions (B) to (O) of section 4511.21 or section 4511.211
of the Revised Code or a substantially similar municipal
ordinance;
(c) Preclude a peace officer from testifying that the
speed of operation of a motor vehicle, trackless trolley, or
streetcar was at a speed greater or less than a speed described
in division (A) of section 4511.21 of the Revised Code, the
admission into evidence of such testimony, or preclude a
conviction of a violation of that division based in whole or in
part on such testimony.
(2) As used in this division, "peace officer" has the same
meaning as in section 2935.01 of the Revised Code.
Sec. 4511.092. As used in sections 4511.092 to 4511.0914
of the Revised Code:
(A) "Designated party" means the person whom the
registered owner of a motor vehicle, upon receipt of a ticket
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1510 H. B. No. 54 Page 53
As Introduced
based upon images recorded by a traffic law photo-monitoring
device that indicate a traffic law violation, identifies as the
person who was operating the vehicle of the registered owner at
the time of the violation.
(B) "Law enforcement officer" means a sheriff, deputy
sheriff, marshal, deputy marshal, police officer of a police
department of any municipal corporation, police constable of any
township, or police officer of a township or joint police
district, who is employed on a permanent, full-time basis by the
law enforcement agency of a local authority that assigns such
person to the location of a traffic law photo-monitoring device.
(C) "Local authority" means a municipal corporation,
county, or township.
(D) "Motor vehicle leasing dealer" has the same meaning as
in section 4517.01 of the Revised Code.
(E) "Motor vehicle renting dealer" has the same meaning as
in section 4549.65 of the Revised Code.
(F) "Recorded images" means any of the following images
recorded by a traffic law photo-monitoring device that show, on
at least one image or on a portion of the videotape, the rear of
a motor vehicle and the letters and numerals on the rear license
plate of the vehicle:
(1) Two or more photographs, microphotographs, electronic
images, or digital images;
(2) Videotape.
(G) "Registered owner" means all of the following:
(1) Any person or entity identified by the bureau of motor
vehicles or any other state motor vehicle registration bureau,
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1538 H. B. No. 54 Page 54
As Introduced
department, or office as the owner of a motor vehicle;
(2) The lessee of a motor vehicle under a lease of six
months or longer;
(3) The renter of a motor vehicle pursuant to a written
rental agreement with a motor vehicle renting dealer.
(H) "System location" means the approach to an
intersection or area of roadway toward which a traffic law
photo-monitoring device is directed and is in operation.
(I) "Ticket" means any traffic ticket, citation, summons,
or other ticket issued in response to an alleged traffic law
violation detected by a traffic law photo-monitoring device,
that represents a civil violation.
(J) "Traffic law photo-monitoring device" means an
electronic system consisting of a photographic, video, or
electronic camera and a means of sensing the presence of a motor
vehicle that automatically produces recorded images.
(K) "Traffic law violation" means either of the following:
(1) A violation of section 4511.12 of the Revised Code
based on the failure to comply with section 4511.13 of the
Revised Code or a substantially equivalent municipal ordinance
that occurs at an intersection due to failure to obey a highway
traffic control signal;
(2) A violation of section 4511.21 or 4511.211 of the
Revised Code or a substantially equivalent municipal ordinance
due to failure to observe the applicable speed limit.
Sec. 4511.094. (A) No local authority shall use traffic
law photo-monitoring devices to detect or enforce any traffic
law violation until after it has done both of the following:
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1566 H. B. No. 54 Page 55
As Introduced
(1) Erected signs on every highway that is not a freeway
that is part of the state highway system and that enters that
local authority informing inbound traffic that the local
authority utilizes traffic law photo-monitoring devices to
enforce traffic laws;
(2) Beginning on the effective date of this amendment
March 23, 2015, erected signs at each fixed system location
informing motorists that a traffic law photo-monitoring device
is present at the location.
The local authority shall erect the signs within the first
three hundred feet of the boundary of the local authority or
within three hundred feet of the fixed system location, as
applicable. If the signs cannot be located within the first
three hundred feet of the boundary of the local authority or
within three hundred feet of the fixed system location, the
local authority shall erect the signs as close to that distance
as possible. If a particular highway enters and exits the
territory of a local authority multiple times, the local
authority shall erect the signs as required by division (A)(1)
of this section at the locations in each direction of travel
where inbound traffic on the highway first enters the territory
of the local authority and is not required to erect additional
signs along such highway each time the highway reenters the
territory of the local authority. The local authority is
responsible for all costs associated with the erection,
maintenance, and replacement, if necessary, of the signs. The
local authority shall ensure that all signs erected under this
division conform in size, color, location, and content to
standards contained in the manual adopted by the department of
transportation pursuant to section 4511.09 of the Revised Code
and shall remain in place for as long as the local authority
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1597 H. B. No. 54 Page 56
As Introduced
utilizes traffic law photo-monitoring devices to enforce any
traffic law.
(B) A ticket issued by or on behalf of the local authority
for any traffic law violation based upon evidence recorded by a
traffic law photo-monitoring device is invalid under the
following circumstances:
(1) If the ticket was issued after March 12, 2009, but
before the signs required under division (A)(1) of this section
were erected;
(2) If the ticket was issued after the effective date of
this amendment March 23, 2015, but before the signs required
under division (A)(2) of this section were erected.
However, if a local authority is in substantial compliance
with the requirements of division (A)(1) or (2) of this section,
as applicable, a ticket issued by the local authority under
sections 4511.096 to 4511.0912 of the Revised Code is valid.
(C) A local authority is deemed to be in substantial
compliance with the requirement of division (A)(1) or (2) of
this section, as applicable, to erect the advisory signs if the
authority does both of the following:
(1) First erects all signs as required by division (A)(1)
or (2) of this section, as applicable, and subsequently
maintains and replaces the signs as needed so that at all times
at least ninety per cent of the required signs are in place and
functional;
(2) Annually documents and upon request certifies its
compliance with division (C)(1) of this section.
(D) A local authority that uses traffic law photo-
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1625 H. B. No. 54 Page 57
As Introduced
monitoring devices to detect or enforce any traffic law
violation at an intersection where traffic is controlled by
highway traffic control signals that exhibit different colored
lights or colored lighted arrows shall time the operation of the
yellow lights and yellow arrows of those highway traffic control
signals so that the steady yellow indication exceeds by one
second the minimum duration for yellow indicators at similar
intersections as established by the provisions of the manual
adopted by the department of transportation under section
4511.09 of the Revised Code.
Sec. 4511.11. (A) Local authorities in their respective
jurisdictions shall place and maintain traffic control devices
in accordance with the department of transportation manual for a
uniform system of traffic control devices, adopted under section
4511.09 of the Revised Code, upon highways under their
jurisdiction as are necessary to indicate and to carry out
sections 4511.01 to 4511.76 and 4511.99 of the Revised Code,
local traffic ordinances, or to regulate, warn, or guide
traffic.
(B) The director of transportation may require to be
removed any traffic control device that does not conform to the
manual for a uniform system of traffic control devices on the
extensions of the state highway system within municipal
corporations.
(C) No village shall place or maintain any highway traffic
control signal upon an extension of the state highway system
within the village without first obtaining the permission of the
director. The director may revoke the permission and may require
to be removed any highway traffic control signal that has been
erected without the director's permission on an extension of a
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1655 H. B. No. 54 Page 58
As Introduced
state highway within a village, or that, if erected under a
permit granted by the director, does not conform to the state
manual, or that is not operated in accordance with the terms of
the permit.
(D) All traffic control devices erected on any street,
highway, alley, bikeway, or private road site roadway open to
public travel shall conform to the state manual.
(E) No person, firm, or corporation shall sell or offer
for sale to local authorities any traffic control device that
does not conform to the state manual, except by permission of
the director.
(F) No local authority shall purchase or manufacture any
traffic control device that does not conform to the state
manual, except by permission of the director.
(G) Whoever violates division (E) of this section is
guilty of a misdemeanor of the third degree.
Sec. 4511.13. Highway traffic signal indications for
vehicles and pedestrians shall have the following meanings:
(A) Steady green signal indication:
(1)(a) Vehicular traffic, streetcars, and trackless
trolleys facing a circular green signal indication are permitted
to proceed straight through or turn right or left or make a u-
turn movement except as such movement is modified by a lane-use
sign, turn prohibition sign, lane marking, roadway design,
separate turn signal indication, or other traffic control
device. Such vehicular traffic, including vehicles turning right
or left or making a u-turn movement, shall yield the right-of-
way to both of the following:
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1683 H. B. No. 54 Page 59
As Introduced
(i) Pedestrians lawfully within an associated crosswalk;
(ii) Other vehicles lawfully within the intersection.
(b) In addition, vehicular traffic turning left or making
a u-turn movement to the left shall yield the right-of-way to
other vehicles approaching from the opposite direction so
closely as to constitute an immediate hazard during the time
when such turning vehicle is moving across or within the
intersection.
(2) Vehicular traffic, streetcars, and trackless trolleys
facing a green arrow signal indication, displayed alone or in
combination with another signal indication, are permitted to
cautiously enter the intersection only to make the movement
indicated by such arrow, or such other movement as is permitted
by other indications displayed at the same time. Such vehicular
traffic, streetcars, and trackless trolleys, including vehicles
turning right or left or making a u-turn movement, shall yield
the right-of-way to both of the following:
(a) Pedestrians lawfully within an associated crosswalk;
(b) Other traffic lawfully using the intersection.
(3)(a) Unless otherwise directed by a pedestrian signal
indication, as provided in section 4511.14 of the Revised Code,
pedestrians facing a circular green signal indication are
permitted to proceed across the roadway within any marked or
unmarked associated crosswalk. The pedestrian shall yield the
right-of-way to vehicles lawfully within the intersection or so
close as to create an immediate hazard at the time that the
green signal indication is first displayed.
(b) Pedestrians facing a green arrow signal indication,
unless otherwise directed by a pedestrian signal indication or
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1712 H. B. No. 54 Page 60
As Introduced
other traffic control device, shall not cross the roadway.
(B) Steady yellow signal indication:
(1) Vehicular traffic, streetcars, and trackless trolleys
facing a steady circular yellow signal indication are thereby
warned that the related green movement or the related flashing
arrow movement is being terminated or that a steady red signal
indication will be exhibited immediately thereafter when
vehicular traffic, streetcars, and trackless trolleys shall not
enter the intersection. The provisions governing vehicular
operation under the movement being terminated shall continue to
apply while the steady circular yellow signal indication is
displayed.
(2) Vehicular traffic facing a steady yellow arrow signal
indication is thereby warned that the related green arrow
movement or the related flashing arrow movement is being
terminated. The provisions governing vehicular operation under
the movement being terminated shall continue to apply while the
steady yellow arrow signal indication is displayed.
(3) Pedestrians facing a steady circular yellow or yellow
arrow signal indication, unless otherwise directed by a
pedestrian signal indication as provided in section 4511.14 of
the Revised Code or other traffic control device, shall not
start to cross the roadway.
(C) Steady red signal indication:
(1)(a) Vehicular traffic, streetcars, and trackless
trolleys facing a steady circular red signal indication, unless
entering the intersection to make another movement permitted by
another signal indication, shall stop at a clearly marked stop
line; but if there is no stop line, traffic shall stop before
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1741 H. B. No. 54 Page 61
As Introduced
entering the crosswalk on the near side of the intersection; or
if there is no crosswalk, then before entering the intersection;
and shall remain stopped until a signal indication to proceed is
displayed except as provided in divisions (C)(1), (2), and (3)
of this section.
(b) Except when a traffic control device is in place
prohibiting a turn on red or a steady red arrow signal
indication is displayed, vehicular traffic facing a steady
circular red signal indication is permitted, after stopping, to
enter the intersection to turn right, or to turn left from a
one-way street into a one-way street. The right to proceed with
the turn shall be subject to the provisions that are applicable
after making a stop at a stop sign.
(2)(a) Vehicular traffic, streetcars, and trackless
trolleys facing a steady red arrow signal indication shall not
enter the intersection to make the movement indicated by the
arrow and, unless entering the intersection to make another
movement permitted by another signal indication, shall stop at a
clearly marked stop line; but if there is no stop line, before
entering the crosswalk on the near side of the intersection; or
if there is no crosswalk, then before entering the intersection;
and shall remain stopped until a signal indication or other
traffic control device permitting the movement indicated by such
red arrow is displayed.
(b) When a traffic control device is in place permitting a
turn on a steady red arrow signal indication, vehicular traffic
facing a steady red arrow indication is permitted, after
stopping, to enter the intersection to turn right, or to turn
left from a one-way street into a one-way street. The right to
proceed with the turn shall be limited to the direction
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1771 H. B. No. 54 Page 62
As Introduced
indicated by the arrow and shall be subject to the provisions
that are applicable after making a stop at a stop sign.
(3) Unless otherwise directed by a pedestrian signal
indication as provided in section 4511.14 of the Revised Code or
other traffic control device, pedestrians facing a steady
circular red or steady red arrow signal indication shall not
enter the roadway.
(4) Local authorities by ordinance, or the director of
transportation on state highways, may prohibit a right or a left
turn against a steady red signal at any intersection, which
shall be effective when signs giving notice thereof are posted
at the intersection.
(D) A flashing green signal indication has no meaning and
shall not be used.
(E) Flashing yellow signal indication:
(1)(a) Vehicular traffic, on an approach to an
intersection, facing a flashing circular yellow signal
indication, is permitted to cautiously enter the intersection to
proceed straight through or turn right or left or make a u-turn
movement except as such movement is modified by lane-use signs,
turn prohibition signs, lane markings, roadway design, separate
turn signal indications, or other traffic control devices. Such
vehicular traffic, including vehicles turning right or left or
making a u-turn movement, shall yield the right-of-way to both
of the following:
(i) Pedestrians lawfully within an associated crosswalk;
(ii) Other vehicles lawfully within the intersection.
(b) In addition, vehicular traffic turning left or making
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As Introduced
a u-turn to the left shall yield the right-of-way to other
vehicles approaching from the opposite direction so closely as
to constitute an immediate hazard during the time when such
turning vehicle is moving across or within the intersection.
(2)(a) Vehicular traffic, on an approach to an
intersection, facing a flashing yellow arrow signal indication,
displayed alone or in combination with another signal
indication, is permitted to cautiously enter the intersection
only to make the movement indicated by such arrow, or other such
movement as is permitted by other signal indications displayed
at the same time. Such vehicular traffic, including vehicles
turning right or left or making a u-turn, shall yield the right-
of-way to both of the following:
(i) Pedestrians lawfully within an associated crosswalk;
(ii) Other vehicles lawfully within the intersection.
(b) In addition, vehicular traffic turning left or making
a u-turn to the left shall yield the right-of-way to other
vehicles approaching from the opposite direction so closely as
to constitute an immediate hazard during the time when such
turning vehicle is moving across or within the intersection.
(3) Pedestrians facing any flashing yellow signal
indication at an intersection, unless otherwise directed by a
pedestrian signal indication or other traffic control device,
are permitted to proceed across the roadway within any marked or
unmarked associated crosswalk. Pedestrians shall yield the
right-of-way to vehicles lawfully within the intersection at the
time that the flashing yellow signal indication is first
displayed.
(4) When a flashing circular yellow signal indication is
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1828 H. B. No. 54 Page 64
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displayed as a beacon to supplement another traffic control
device, road users are notified that there is a need to pay
additional attention to the message contained thereon or that
the regulatory or warning requirements of the other traffic
control device, which might not be applicable at all times, are
currently applicable.
(F) Flashing red signal indication:
(1) Vehicular traffic, on an approach to an intersection,
facing a flashing circular red signal indication, shall stop at
a clearly marked stop line; but if there is no stop line, before
entering the crosswalk on the near side of the intersection; or
if there is no crosswalk, at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on
the intersecting roadway before entering the intersection. The
right to proceed shall be subject to the provisions that are
applicable after making a stop at a stop sign.
(2) Pedestrians facing any flashing red signal indication
at an intersection, unless otherwise directed by a pedestrian
signal indication or other traffic control device, are permitted
to proceed across the roadway within any marked or unmarked
associated crosswalk. Pedestrians shall yield the right-of-way
to vehicles lawfully within the intersection at the time that
the flashing red signal indication is first displayed.
(3) When a flashing circular red signal indication is
displayed as a beacon to supplement another traffic control
device, road users are notified that there is a need to pay
additional attention to the message contained thereon or that
the regulatory requirements of the other traffic control device,
which might not be applicable at all times, are currently
applicable. Use of this signal indication shall be limited to
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1858 H. B. No. 54 Page 65
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supplementing stop, do not enter, or wrong way signs, and to
applications where compliance with the supplemented traffic
control device requires a stop at a designated point.
(4) Vehicular traffic, on an approach to an intersection,
facing a flashing red arrow signal indication and if intending
to turn in the direction indicated by the arrow, shall stop at a
clearly marked stop line; but if there is no stop line, before
entering the crosswalk on the near side of the intersection; or
if there is no crosswalk, at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on
the intersecting roadway before entering the intersection. The
right to proceed shall be subject to the provisions that are
applicable after making a stop at a stop sign.
(G) Transit vehicle signal indication:
(1) Light rail and mass transit system bus traffic, on an
approach to an intersection from a designated busway or other
designated transit vehicle lane or tracks shall do all of the
following:
(a) Stop when facing a steady horizontal white line;
(b) Proceed straight ahead when facing a steady vertical
white line;
(c) Only turn or proceed left when facing a steady
diagonal white line that begins in the lower right corner and
angles up and to the left;
(d) Only turn or proceed right when facing a steady
diagonal white line that begins in the lower left corner and
angles up and to the right;
(e) Prepare to stop when facing a flashing vertical white
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line.
(2) As used in division (G)(1) of this section, "mass
transit system" and "bus" have the same meanings as in section
4511.78 of the Revised Code.
(H) In the event an official traffic-control highway
traffic signal is erected and maintained at a place other than
an intersection, the provisions of this section shall be
applicable except as to those provisions which by their nature
can have no application. Any stop required shall be made at a
sign or marking on the pavement indicating where the stop shall
be made, but in the absence of any such sign or marking the stop
shall be made at the signal.
(H)(I) This section does not apply at railroad grade
crossings. Conduct of drivers of vehicles, trackless trolleys,
and streetcars approaching railroad grade crossings shall be
governed by sections 4511.61 and 4511.62 of the Revised Code.
Sec. 4511.131. The meanings of lane-use control signal
indications are as follows:
(A) A steady downward green arrow :
A road user is permitted to drive in means that the lane
over which the arrow signal indication is located is open to
vehicle travel in that direction .
(B) A steady yellow "X" :
A road user is to prepare to vacate means that the lane
over which the signal indication is located because a lane
control change is being made to is about to be closed to vehicle
traffic in that direction and will be followed by a steady red
"X" signal indication , either within the same signal face or in
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1914 H. B. No. 54 Page 67
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a downstream signal face .
(C) A steady white two-way left-turn arrow :
A road user is permitted to use a means that the lane over
which the signal indication is located for is open to traffic
making a left turn from either direction of travel , but not for
through travel, with the understanding that common use of the
lane by oncoming road users for left turns also is permitted .
(D) A steady white one-way left-turn arrow :
A road user is permitted to use a means that the lane over
which the signal indication is located for is open to traffic
making a left turn in that direction, without opposing turns in
the same lane, but not for through travel.
(E) A steady red "X" :
A road user is not permitted to use means that the lane
over which the signal indication is located and that this signal
indication shall modify accordingly the meaning of other traffic
controls presentis closed to vehicle traffic in the direction
viewed by the road user .
Sec. 4511.132. (A) The driver of a vehicle, streetcar, or
trackless trolley who approaches an intersection where traffic
is controlled by highway traffic control signals shall do all of
the following if the signal facing the driver exhibits no
colored lights or colored lighted arrows, exhibits a combination
of such lights or arrows that fails to clearly indicate the
assignment of right-of-way, or, if the vehicle is a bicycle or
an electric bicycle, the signals are otherwise malfunctioning
due to the failure of a vehicle detector to detect the presence
of the bicycle or electric bicycle:
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1942 H. B. No. 54 Page 68
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(1) Stop at a clearly marked stop line, but if none, stop
before entering the crosswalk on the near side of the
intersection, or, if none, stop before entering the
intersection;
(2) Yield the right-of-way to all vehicles, streetcars, or
trackless trolleys in the intersection or approaching on an
intersecting road, if the vehicles, streetcars, or trackless
trolleys will constitute an immediate hazard during the time the
driver is moving across or within the intersection or junction
of roadways;
(3) Exercise ordinary care while proceeding through the
intersection.
(B) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If,
within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or
more predicate motor vehicle or traffic offenses, whoever
violates this section is guilty of a misdemeanor of the third
degree.
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.
Sec. 4511.15. Bicycle symbol signal indications have the
following meanings:
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(A) A steady green bicycle signal indication means that
bicyclists are permitted to enter the intersection only to make
the movement indicated by the lane-use arrow displayed on the
bicycle signal sign that is located immediately adjacent to the
bicycle signal face. Bicyclists proceeding into the intersection
during the display of the indication shall yield the right-of-
way to both of the following:
(1) Pedestrians lawfully within an associated crosswalk;
(2) Other vehicles lawfully within the intersection.
(B) A steady yellow bicycle signal indication means that
bicyclists are warned that the related green movement is being
terminated and that a steady red bicycle signal indication will
be displayed immediately thereafter when bicyclists shall not
enter the intersection. The provisions governing bicyclist
operations under the movement being terminated continue to apply
while the steady yellow bicycle signal indication is displayed.
(C)(a) A steady red bicycle signal indication means that
bicyclists shall not enter the intersection to make the movement
indicated by the lane-use arrow displayed on the bicycle signal
sign that is located immediately adjacent to the bicycle signal
face. Unless the bicyclist is entering the intersection to make
another movement permitted by another bicycle symbol signal
indication, the bicyclist shall stop at a clearly marked stop
line; but if there is no stop line, shall stop before entering
the crosswalk on the near side of the intersection; or if there
is no crosswalk, shall stop before entering the intersection;
and shall remain stopped until a green bicycle signal indication
to proceed is displayed.
(b) Except when a traffic control device is in place
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2000 H. B. No. 54 Page 70
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prohibiting a turn on red, bicyclists facing a steady red
bicycle signal indication are permitted to enter the
intersection to turn right if there are no approach lanes for
motor vehicle traffic to their right. The right to proceed with
the turn is subject to the provisions that are applicable after
making a stop at a stop sign.
(D) A flashing green bicycle signal indication and a
flashing yellow bicycle signal indication have no meaning and
shall not be used.
(E) A flashing red bicycle signal indication means that
bicyclists shall stop at a clearly marked stop line; but if
there is no stop line, shall stop before entering the crosswalk
on the near side of the intersection; or if there is no
crosswalk, shall stop at the point nearest the intersecting
roadway where the bicyclists have a view of approaching traffic
on that roadway before entering the intersection. The right to
make the movement indicated by the lane-use arrow displayed on
the bicycle signal sign that is located immediately adjacent to
the bicycle signal face is subject to the provisions that are
applicable after making a stop at a stop sign.
Sec. 4511.18. (A) As used in this section, "traffic
control device" means any sign, highway traffic control signal,
or other device conforming to and placed or erected in
accordance with the manual adopted under section 4511.09 of the
Revised Code by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning, or guiding
traffic, including signs denoting the names of streets and
highways, but does not mean any pavement marking.
(B) No individual shall buy or otherwise possess, or sell,
a traffic control device, except when one of the following
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2030 H. B. No. 54 Page 71
As Introduced
applies:
(1) In the course of the individual's employment by the
state or a local authority for the express or implied purpose of
manufacturing, providing, erecting, moving, or removing such a
traffic control device;
(2) In the course of the individual's employment by any
manufacturer of traffic control devices other than a state or
local authority;
(3) For the purpose of demonstrating the design and
function of a traffic control device to state or local
officials;
(4) When the traffic control device has been purchased
from the state or a local authority at a sale of property that
is no longer needed or is unfit for use;
(5) The traffic control device has been properly purchased
from a manufacturer for use on private property and the person
possessing the device has a sales receipt for the device or
other acknowledgment of sale issued by the manufacturer.
(C) This section does not preclude, and shall not be
construed as precluding, prosecution for theft in violation of
section 2913.02 of the Revised Code or a municipal ordinance
relating to theft, or for receiving stolen property in violation
of section 2913.51 of the Revised Code or a municipal ordinance
relating to receiving stolen property.
(D) Whoever violates this section is guilty of a
misdemeanor of the third degree.
Sec. 4511.204. (A) No person shall operate a motor
vehicle, trackless trolley, or streetcar on any street, highway,
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2058 H. B. No. 54 Page 72
As Introduced
or property open to the public for vehicular traffic while
using, holding, or physically supporting with any part of the
person's body an electronic wireless communications device.
(B) Division (A) of this section does not apply to any of
the following:
(1) A person using an electronic wireless communications
device to make contact, for emergency purposes, with a law
enforcement agency, hospital or health care provider, fire
department, or other similar emergency agency or entity;
(2) A person driving a public safety vehicle while using
an electronic wireless communications device in the course of
the person's duties;
(3) A person using an electronic wireless communications
device when the person's motor vehicle is in a stationary
position and is outside a lane of travel, at a highway traffic
control signal that is currently directing traffic to stop, or
parked on a road or highway due to an emergency or road closure;
(4) A person using and holding an electronic wireless
communications device directly near the person's ear for the
purpose of making, receiving, or conducting a telephone call,
provided that the person does not manually enter letters,
numbers, or symbols into the device;
(5) A person receiving wireless messages on an electronic
wireless communications device regarding the operation or
navigation of a motor vehicle; safety-related information,
including emergency, traffic, or weather alerts; or data used
primarily by the motor vehicle, provided that the person does
not hold or support the device with any part of the person's
body;
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2087 H. B. No. 54 Page 73
As Introduced
(6) A person using the speaker phone function of the
electronic wireless communications device, provided that the
person does not hold or support the device with any part of the
person's body;
(7) A person using an electronic wireless communications
device for navigation purposes, provided that the person does
not do either of the following during the use:
(a) Manually enter letters, numbers, or symbols into the
device;
(b) Hold or support the device with any part of the
person's body.
(8) A person using a feature or function of the electronic
wireless communications device with a single touch or single
swipe, provided that the person does not do either of the
following during the use:
(a) Manually enter letters, numbers, or symbols into the
device;
(b) Hold or support the device with any part of the
person's body.
(9) A person operating a commercial truck while using a
mobile data terminal that transmits and receives data;
(10) A person operating a utility service vehicle or a
vehicle for or on behalf of a utility, if the person is acting
in response to an emergency, power outage, or circumstance that
affects the health or safety of individuals;
(11) A person using an electronic wireless communications
device in conjunction with a voice-operated or hands-free
feature or function of the vehicle or of the device without the
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2115 H. B. No. 54 Page 74
As Introduced
use of either hand except to activate, deactivate, or initiate
the feature or function with a single touch or swipe, provided
the person does not hold or support the device with any part of
the person's body;
(12) A person using technology that physically or
electronically integrates the device into the motor vehicle,
provided that the person does not do either of the following
during the use:
(a) Manually enter letters, numbers, or symbols into the
device;
(b) Hold or support the device with any part of the
person's body.
(13) A person storing an electronic wireless
communications device in a holster, harness, or article of
clothing on the person's body.
(C)(1) On January 31 of each year, the department of
public safety shall issue a report to the general assembly that
specifies the number of citations issued for violations of this
section during the previous calendar year.
(2) If a law enforcement officer issues an offender a
ticket, citation, or summons for a violation of division (A) of
this section, the officer shall do both of the following:
(a) Report the issuance of the ticket, citation, or
summons to the officer's law enforcement agency;
(b) Ensure that such report indicates the offender's race.
(D) Whoever violates division (A) of this section is
guilty of operating a motor vehicle while using an electronic
wireless communication device, an unclassified misdemeanor, and
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As Introduced
shall be punished as provided in divisions (D)(1) to (5) of this
section.
(1) The offender shall be fined, and is subject to a
suspension of the offender's driver's license, commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege, as follows:
(a) Except as provided in divisions (D)(1)(b), (c), (d),
and (2) of this section, the court shall impose upon the
offender a fine of not more than one hundred fifty dollars.
(b) If, within two years of the violation, the offender
has been convicted of or pleaded guilty to one prior violation
of this section or a substantially equivalent municipal
ordinance, the court shall impose upon the offender a fine of
not more than two hundred fifty dollars.
(c) If, within two years of the violation, the offender
has been convicted of or pleaded guilty to two or more prior
violations of this section or a substantially equivalent
municipal ordinance, the court shall impose upon the offender a
fine of not more than five hundred dollars. The court also may
impose a suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for
ninety days.
(d) Notwithstanding divisions (D)(1)(a) to (c) of this
section, if the offender was operating the motor vehicle at the
time of the violation in a construction zone where a sign was
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 amount
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As Introduced
imposed for the violation under division (D)(1)(a), (b), or (c)
of this section, as applicable.
(2) If the offender is in the category of offenders to
whom division (D)(1)(a) of this section applies, in lieu of
payment of the fine of one hundred fifty dollars under division
(D)(1)(a) of this section and the assessment of points under
division (D)(4) of this section, the offender instead may elect
to attend the distracted driving safety course, as described in
section 4511.991 of the Revised Code. If the offender attends
and successfully completes the course, the offender shall be
issued written evidence that the offender successfully completed
the course. The offender shall not be required to pay the fine
and shall not have the points assessed against that offender's
driver's license if the offender submits the written evidence to
the court within 90 days of the violation of division (A) of
this section. However, successful completion of the course does
not result in a dismissal of the charges for the violation, and
the violation is a prior offense under divisions (D)(1)(b) and
(c) of this section if the offender commits a subsequent
violation or violations of division (A) of this section within
two years of the offense for which the course was completed.
This division does not apply with respect to any offender in the
category of offenders to whom division (D)(1)(b), (c), or (d) of
this section applies.
(3) The court may impose any other penalty authorized
under sections 2929.21 to 2929.28 of the Revised Code. However,
the court shall not impose a fine or a suspension not otherwise
specified in division (D)(1) of this section. The court also
shall not impose a jail term or community residential sanction.
(4) Except as provided in division (D)(2) of this section,
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As Introduced
points shall be assessed for a violation of division (A) of this
section in accordance with section 4510.036 of the Revised Code.
(5) The offense established under this section is a strict
liability offense and section 2901.20 of the Revised Code does
not apply. The designation of this offense as a strict liability
offense shall not be construed to imply that any other offense,
for which there is no specified degree of culpability, is not a
strict liability offense.
(E) This section shall not be construed as invalidating,
preempting, or superseding a substantially equivalent municipal
ordinance that prescribes penalties for violations of that
ordinance that are greater than the penalties prescribed in this
section for violations of this section.
(F) A prosecution for an offense in violation of this
section does not preclude a prosecution for an offense in
violation of a substantially equivalent municipal ordinance
based on the same conduct. However, the two offenses are allied
offenses of similar import under section 2941.25 of the Revised
Code.
(G)(1) A law enforcement officer does not have probable
cause and shall not stop the operator of a motor vehicle for
purposes of enforcing this section unless the officer visually
observes the operator using, holding, or physically supporting
with any part of the person's body the electronic wireless
communications device.
(2) A law enforcement officer who stops the operator of a
motor vehicle, trackless trolley, or streetcar for a violation
of division (A) of this section shall inform the operator that
the operator may decline a search of the operator's electronic
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As Introduced
wireless communications device. The officer shall not do any of
the following:
(a) Access the device without a warrant, unless the
operator voluntarily and unequivocally gives consent for the
officer to access the device;
(b) Confiscate the device while awaiting the issuance of a
warrant to access the device;
(c) Obtain consent from the operator to access the device
through coercion or any other improper means. Any consent by the
operator to access the device shall be voluntary and unequivocal
before the officer may access the device without a warrant.
(H) As used in this section:
(1) "Electronic wireless communications device" includes
any of the following:
(a) A wireless telephone;
(b) A text-messaging device;
(c) A personal digital assistant;
(d) A computer, including a laptop computer and a computer
tablet;
(e) Any device capable of displaying a video, movie,
broadcast television image, or visual image;
(f) Any other substantially similar wireless device that
is designed or used to communicate text, initiate or receive
communication, or exchange information or data.
An "electronic wireless communications device" does not
include a two-way radio transmitter or receiver used by a person
who is licensed by the federal communications commission to
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As Introduced
participate in the amateur radio service.
(2) "Voice-operated or hands-free feature or function"
means a feature or function that allows a person to use an
electronic wireless communications device without the use of
either hand, except to activate, deactivate, or initiate the
feature or function with a single touch or single swipe.
(3) "Utility" means an entity specified in division (A),
(C), (D), (E), or (G) of section 4905.03 of the Revised Code.
(4) "Utility service vehicle" means a vehicle owned or
operated by a utility.
Sec. 4511.211. (A) The owner of a private road or driveway
located in a private residential area containing twenty or more
dwelling units may establish a speed limit on the road or
driveway by complying with all of the following requirements:
(1) The speed limit is not less than twenty-five miles per
hour and is indicated by a sign that is in a proper position, is
sufficiently legible to be seen by an ordinarily observant
person, and meets the specifications for the basic speed limit
sign included in the manual adopted by the department of
transportation pursuant to section 4511.09 of the Revised Code;
(2) The owner has posted a sign at the entrance of the
private road or driveway that is in plain view and clearly
informs persons entering the road or driveway that they are
entering private property, a speed limit has been established
for the road or driveway, and the speed limit is enforceable by
law enforcement officers under state law.
(B) No person shall operate a vehicle upon a private road
or driveway as provided in division (A) of this section at a
speed exceeding any speed limit established and posted pursuant
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As Introduced
to that division.
(C) When a speed limit is established and posted in
accordance with division (A) of this section, any law
enforcement officer may apprehend a person violating the speed
limit of the residential area by utilizing any of the means
described in section 4511.091 of the Revised Code or by any
other accepted method of determining the speed of a motor
vehicle and may stop and charge the person with exceeding the
speed limit.
(D) Points shall be assessed for violation of a speed
limit established and posted in accordance with division (A) of
this section in accordance with section 4510.036 of the Revised
Code.
(E) As used in this section:
(1) "Owner" includes but is not limited to a person who
holds title to the real property in fee simple, a condominium
owners' association, a property owner's association, the board
of directors or trustees of a private community, and a nonprofit
corporation governing a private community.
(2) "Private residential area containing twenty or more
dwelling units" does not include a Chautauqua assembly as
defined in section 4511.90 of the Revised Code.
(F)(1) A violation of division (B) of this section is one
of the following:
(a) Except as otherwise provided in divisions (F)(1)(b)
and (c) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two
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violations of division (B) of this section or of any municipal
ordinance that is substantially similar to division (B) 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 division (B) of this section or of any
municipal ordinance that is substantially similar to division
(B) of this section, a misdemeanor of the third degree.
(2) 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.
Sec. 4511.214. (A)(1)(A) As used in this section and
sections 4511.215 and 4511.216 of the Revised Code, "low-speed
vehicle," "mini-truck," "under-speed vehicle," and "utility
vehicle" have the same meanings as in section 4501.01 of the
Revised Code.
(B)(1) No person shall operate a low-speed vehicle upon
any street or highway having an established speed limit greater
than thirty-five miles per hour.
(2) No person shall operate an under-speed or utility
vehicle or a mini-truck upon any street or highway except as
follows:
(a) Upon a street or highway having an established speed
limit not greater than thirty-five miles per hour and only upon
such streets or highways where a local authority has granted
permission for such operation in accordance with section
4511.215 of the Revised Code;
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(b) A state park or political subdivision employee or
volunteer operating a utility vehicle exclusively within the
boundaries of state parks or political subdivision parks for the
operation or maintenance of state or political subdivision park
facilities.
(3) No person shall operate a motor-driven cycle or motor
scooter upon any street or highway having an established speed
limit greater than forty-five miles per hour.
(B)(C) This section does not prohibit either of the
following:
(1) A person operating a low-speed vehicle, under-speed,
or utility vehicle or a mini-truck from proceeding across an
intersection of a street or highway having a speed limit greater
than thirty-five miles per hour;
(2) A person operating a motor-driven cycle or motor
scooter from proceeding across an intersection of a street or
highway having a speed limit greater than forty-five miles per
hour.
(C)(D) Nothing in this section shall prevent a local
authority from adopting more stringent local ordinances,
resolutions, or regulations governing the operation of a low-
speed vehicle or a mini-truck, or a motor-driven cycle or motor
scooter.
(D)(E) Except as otherwise provided in this division,
whoever violates division (A)(B) of this section is guilty of a
minor misdemeanor. If within one year of the offense, the
offender previously has been convicted of or pleaded guilty to
one predicate motor vehicle or traffic offense, whoever violates
this section is guilty of a misdemeanor of the fourth degree. If
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within one year of the offense, the offender previously has been
convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a
misdemeanor of the third degree.
Sec. 4511.432. (A) The owner of a private road or driveway
located in a private residential area containing twenty or more
dwelling units may erect stop signs at places where the road or
driveway intersects with another private road or driveway in the
residential area, in compliance with all of the following
requirements:
(1) The stop sign is sufficiently legible to be seen by an
ordinarily observant person and meets the specifications of and
is placed in accordance with the manual adopted by the
department of transportation pursuant to section 4511.09 of the
Revised Code.
(2) The owner has posted a sign at the entrance of the
private road or driveway that is in plain view and clearly
informs persons entering the road or driveway that they are
entering private property, stop signs have been posted and must
be obeyed, and the signs are enforceable by law enforcement
officers under state law. The sign required by division (A)(2)
of this section, where appropriate, may be incorporated with the
sign required by division (A)(2) of section 4511.211 of the
Revised Code.
(B) Division (A) of section 4511.43 and section 4511.46 of
the Revised Code shall be deemed to apply to the driver of a
vehicle on a private road or driveway where a stop sign is
placed in accordance with division (A) of this section and to a
pedestrian crossing such a road or driveway at an intersection
where a stop sign is in place.
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(C) When a stop sign is placed in accordance with division
(A) of this section, any law enforcement officer may apprehend a
person found violating the stop sign and may stop and charge the
person with violating the stop sign.
(D) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If,
within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or
more predicate motor vehicle or traffic offenses, whoever
violates this section is guilty of a misdemeanor of the third
degree.
(E) As used in this section, and for the purpose of
applying division (A) of section 4511.43 and section 4511.46 of
the Revised Code to conduct under this section:
(1) "Intersection" means:
(a) The area embraced within the prolongation or
connection of the lateral curb lines, or, if none, then the
lateral boundary lines of the roadways of two private roads or
driveways which join one another at, or approximately at, right
angles, or the area within which vehicles traveling upon
different private roads or driveways joining at any other angle
may come in conflict.
(b) Where a private road or driveway includes two roadways
thirty feet or more apart, then every crossing of two roadways
of such private roads or driveways shall be regarded as a
separate intersection.
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(2) "Roadway" means that portion of a private road or
driveway improved, designed, or ordinarily used for vehicular
travel and parking lanes, except not including the berm,
sidewalk, or shoulder, even if the berm, sidewalk, or shoulder
is used by a person operating a human-powered vehicle . If a
private road or driveway includes two or more separate roadways,
the term "roadway" means any such roadway separately but not all
such roadways collectively.
(3) "Owner" and "private residential area containing
twenty or more dwelling units" have the same meanings as in
section 4511.211 of the Revised Code.
Sec. 4511.46. (A) When highway traffic control signals are
not in place, not in operation, or are not clearly assigning the
right-of-way, the driver of a vehicle, trackless trolley, or
streetcar shall yield the right of way, slowing down or stopping
if need be to so yield or if required by section 4511.132 of the
Revised Code, to a pedestrian crossing the roadway within a
crosswalk when the pedestrian is upon the half of the roadway
upon which the vehicle is traveling, or when the pedestrian is
approaching so closely from the opposite half of the roadway as
to be in danger.
(B) No pedestrian shall suddenly leave a curb or other
place of safety and walk or run into the path of a vehicle,
trackless trolley, or streetcar which is so close as to
constitute an immediate hazard.
(C) Division (A) of this section does not apply under the
conditions stated in division (B) of section 4511.48 of the
Revised Code.
(D) Whenever any vehicle, trackless trolley, or streetcar
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is stopped at a marked crosswalk or at any unmarked crosswalk at
an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle, trackless trolley, or streetcar
approaching from the rear shall not overtake and pass the
stopped vehicle.
(E) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If,
within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or
more predicate motor vehicle or traffic offenses, whoever
violates this section is guilty of a misdemeanor of the third
degree.
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.
Sec. 4511.48. (A) Every pedestrian crossing a roadway at
any point other than within a marked crosswalk or within an
unmarked crosswalk at an intersection shall yield the right of
way to all vehicles, trackless trolleys, or streetcars upon the
roadway.
(B) Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been
provided shall yield the right of way to all traffic upon the
roadway.
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(C) Between adjacent intersections at which highway
traffic control signals are in operation, pedestrians shall not
cross at any place except in a marked crosswalk.
(D) No pedestrian shall cross a roadway intersection
diagonally unless authorized by official traffic control
devices; and, when authorized to cross diagonally, pedestrians
shall cross only in accordance with the official traffic control
devices pertaining to such crossing movements.
(E) This section does not relieve the operator of a
vehicle, streetcar, or trackless trolley from exercising due
care to avoid colliding with any pedestrian upon any roadway.
(F) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If,
within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or
more predicate motor vehicle or traffic offenses, whoever
violates this section is guilty of a misdemeanor of the third
degree.
Sec. 4511.512. (A)(1) Electric personal assistive mobility
devices, as defined in section 4501.01 of the Revised Code, may
be operated on the public streets, highways, sidewalks, and
paths and portions of roadways set aside for the exclusive use
of bicycles in accordance with this section.
(2) Except as otherwise provided in this section, those
sections of this chapter that by their nature are applicable to
an electric personal assistive mobility device apply to the
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device and the person operating it whenever it is operated upon
any public street, highway, sidewalk, or path or upon any
portion of a roadway set aside for the exclusive use of
bicycles.
(3) A local authority may regulate or prohibit the
operation of electric personal assistive mobility devices on
public streets, highways, sidewalks, and paths, and portions of
roadways set aside for the exclusive use of bicycles, under its
jurisdiction.
(B) No operator of an electric personal assistive mobility
device shall do any of the following:
(1) Fail to yield the right-of-way to all pedestrians and
human-powered vehicles at all times;
(2) Fail to give an audible signal before overtaking and
passing a pedestrian;
(3) Operate the device at night unless the device or its
operator is equipped with or wearing both of the following:
(a) A lamp pointing to the front that emits a white light
visible from a distance of not less than five hundred feet;
(b) A red reflector facing the rear that is visible from
all distances from one hundred feet to six hundred feet when
directly in front of lawful lower beams of head lamps on a motor
vehicle.
(4) Operate the device on any portion of a street or
highway that has an established speed limit of fifty-five miles
per hour or more;
(5) Operate the device upon any path set aside for the
exclusive use of pedestrians or other specialized use when an
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appropriate sign giving notice of the specialized use is posted
on the path;
(6) If under eighteen years of age, operate the device
unless wearing a protective helmet on the person's head with the
chin strap properly fastened;
(7) If under sixteen years of age, operate the device
unless, during the operation, the person is under the direct
visual and audible supervision of another person who is eighteen
years of age or older and is responsible for the immediate care
of the person under sixteen years of age.
(C) No person who is under fourteen years of age shall
operate an electric personal assistive mobility device.
(D) No person shall distribute or sell an electric
personal assistive mobility device unless the device is
accompanied by a written statement that is substantially
equivalent to the following: "WARNING: TO REDUCE THE RISK OF
SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT
– HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS."
(E) Nothing in this section affects or shall be construed
to affect any rule of the director of natural resources or a
board of park district commissioners governing the operation of
vehicles on lands under the control of the director or board, as
applicable.
(F)(1) Whoever violates division (B) or (C) of this
section is guilty of a minor misdemeanor and shall be punished
as follows:
(a) The offender shall be fined ten dollars.
(b) If the offender previously has been convicted of or
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As Introduced
pleaded guilty to a violation of division (B) or (C) of this
section or a substantially similar municipal ordinance, the
court, in addition to imposing the fine required under division
(F)(1) of this section, shall do one of the following:
(i) Order the impoundment for not less than one day but
not more than thirty days of the electric personal assistive
mobility device that was involved in the current violation of
that division. The court shall order the device to be impounded
at a safe indoor location designated by the court and may assess
storage fees of not more than five dollars per day, provided the
total storage, processing, and release fees assessed against the
offender or the device in connection with the device's
impoundment or subsequent release shall not exceed fifty
dollars.
(ii) If the court does not issue an impoundment order
pursuant to division (F)(1)(b)(i) of this section, issue an
order prohibiting the offender from operating any electric
personal assistive mobility device on the public streets,
highways, sidewalks, and paths and portions of roadways set
aside for the exclusive use of bicycles for not less than one
day but not more than thirty days.
(2) Whoever violates division (D) of this section is
guilty of a minor misdemeanor.
Sec. 4511.61. (A) As used in this section, " active grade
Grade crossing warning devicesystem" means signs, the flashing-
light signals, with or without automatic gates, or other
protective devices erected or installed at a public highway-
railway crossing at common grade and activated by an electrical
circuit together with the necessary control equipment that is
used to inform road users of the approach and presence of rail
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As Introduced
traffic at a grade crossing .
(B) The department of transportation and local authorities
in their respective jurisdictions, with the approval of the
department, may designate dangerous highway crossings over
railroad tracks whether on state, county, or township highways
or on streets or ways within municipal corporations, and erect
stop signs thereat.
(C)(1) The department and local authorities shall erect
stop signs at a railroad highway grade crossing in either of the
following circumstances:
(a) New warning devices that are not active grade crossing
warning devices systems are being installed at the grade
crossing, and railroad crossbucks were the only warning devices
at the grade crossing prior to the installation of the new
warning devices.
(b) The grade crossing is constructed after July 1, 2013,
and only warning devices that are not active grade crossing
warning devices systems are installed at the grade crossing.
(2) Division (C)(1) of this section does not apply to a
railroad highway grade crossing that the director of
transportation has exempted from that division because of
traffic flow or other considerations or factors.
(D) When stop signs are erected pursuant to division (B)
or (C) of this section, the operator of any vehicle, streetcar,
or trackless trolley shall stop within fifty, but not less than
fifteen, feet from the nearest rail of the railroad tracks and
shall exercise due care before proceeding across such grade
crossing.
(E) Except as otherwise provided in this division, whoever
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As Introduced
violates division (D) of this section is guilty of a minor
misdemeanor. If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to one
predicate motor vehicle or traffic offense, whoever violates
this section is guilty of a misdemeanor of the fourth degree.
If, within one year of the offense, the offender previously has
been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a
misdemeanor of the third degree.
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.
Sec. 4511.62. (A)(1) Whenever any person driving a vehicle
or trackless trolley approaches a railroad grade crossing, the
person shall stop within fifty feet, but not less than fifteen
feet from the nearest rail of the railroad if any of the
following circumstances exist at the crossing:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a train or other on-
track equipment.
(b) A crossing gate is lowered.
(c) A flagperson gives or continues to give a signal of
the approach or passage of a train or other on-track equipment.
(d) There is insufficient space on the other side of the
railroad grade crossing to accommodate the vehicle or trackless
trolley the person is operating without obstructing the passage
of other vehicles, trackless trolleys, pedestrians, or railroad
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As Introduced
trains, notwithstanding any highway traffic control signal
indication to proceed.
(e) An approaching train is emitting an audible signal or
is plainly visible and is in hazardous proximity to the
crossing.
(f) There is insufficient undercarriage clearance to
safely negotiate the crossing.
(g) There is insufficient space on the other side of the
railroad grade crossing to accommodate the vehicle or trackless
trolley the person is operating without obstructing the passage
of other on-track equipment.
(h) Approaching on-track equipment is emitting an audible
signal or is plainly visible and is in hazardous proximity to
the crossing.
(2)(a) A person who is driving a vehicle or trackless
trolley and who approaches a railroad grade crossing shall not
proceed as long as any of the circumstances described in
divisions (A)(1)(a) to (f) of this section exist at the
crossing.
(b) A person who is driving a vehicle or trackless trolley
and who approaches a railroad grade crossing shall not
recklessly proceed as long as any of the circumstances described
in division (A)(1)(g) or (h) of this section exist at the
crossing.
(B) No person shall drive any vehicle through, around, or
under any crossing gate or barrier at a railroad crossing while
the gate or barrier is closed or is being opened or closed
unless the person is signaled by a law enforcement officer or
flagperson that it is permissible to do so.
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(C)(1) Whoever violates this section is guilty of a
misdemeanor of the fourth degree.
(2) In lieu of a fine or jail term for a violation of this
section, a court may instead order the offender to attend and
successfully complete a remedial safety training or presentation
regarding rail safety that is offered by an authorized and
qualified organization that is selected by the court. The
offender shall complete the presentation within a time frame
determined by the court, not to exceed one hundred eighty days
after the court issues the order. The offender shall notify the
court of the successful completion of the presentation. When the
offender notifies the court of the successful completion of the
presentation, the court shall waive any fine or jail term that
it otherwise would have imposed for a violation of this section.
Sec. 4511.64. (A) No person shall operate or move any
crawler-type tractor, steam shovel, derrick, roller, or any
equipment or structure having a normal operating speed of six or
less miles per hour or a vertical body or load clearance of less
than nine inches above the level surface of a roadway, upon or
across any tracks at a railroad grade crossing without first
complying with divisions (A)(1) and (2) of this section.
(1) Before making any such crossing, the person operating
or moving any such vehicle or equipment shall first stop the
same, and while stopped the person shall listen and look in both
directions along such track for any approaching train or other
on-track equipment and for signals indicating the approach of a
train or other on-track equipment, and shall proceed only upon
exercising due care.
(2) No such crossing shall be made when warning is given
by automatic signal or crossing gates or a flagperson or
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As Introduced
otherwise of the immediate approach of a railroad train or car
or other on-track equipment.
(B) If the normal sustained speed of such vehicle,
equipment, or structure is not more than three miles per hour,
the person owning, operating, or moving the same shall also give
notice of such intended crossing to a station agent or
superintendent of the railroad, and a reasonable time shall be
given to such railroad to provide proper protection for such
crossing. Where such vehicles or equipment are being used in
constructing or repairing a section of highway lying on both
sides of a railroad grade crossing, and in such construction or
repair it is necessary to repeatedly move such vehicles or
equipment over such crossing, one daily notice specifying when
such work will start and stating the hours during which it will
be prosecuted is sufficient.
(C) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If,
within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or
more predicate motor vehicle or traffic offenses, whoever
violates this section is guilty of a misdemeanor of the third
degree.
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.
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Sec. 4511.65. (A) All state routes are hereby designated
as through highways, provided that stop signs, yield signs, or
highway traffic control signals shall be erected at all
intersections with such through highways by the department of
transportation as to highways under its jurisdiction and by
local authorities as to highways under their jurisdiction,
except as otherwise provided in this section. Where two or more
state routes that are through highways intersect and no highway
traffic control signal is in operation, stop signs or yield
signs shall be erected at one or more entrances thereto by the
department, except as otherwise provided in this section.
Whenever the director of transportation determines on the
basis of an engineering and traffic investigation that stop
signs are necessary to stop traffic on a through highway for
safe and efficient operation, nothing in this section shall be
construed to prevent such installations. When circumstances
warrant, the director also may omit stop signs on roadways
intersecting through highways under his the director's
jurisdiction. Before the director either installs or removes a
stop sign under this division, he the director shall give
notice, in writing, of that proposed action to the affected
local authority at least thirty days before installing or
removing the stop sign.
(B) Other streets or highways, or portions thereof, are
hereby designated through highways if they are within a
municipal corporation, if they have a continuous length of more
than one mile between the limits of said street or highway or
portion thereof, and if they have "stop" or "yield" signs or
highway traffic control signals at the entrances of the majority
of intersecting streets or highways. For purposes of this
section, the limits of said street or highway or portion thereof
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2783 H. B. No. 54 Page 97
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shall be a municipal corporation line, the physical terminus of
the street or highway, or any point on said street or highway at
which vehicular traffic thereon is required by regulatory signs
to stop or yield to traffic on the intersecting street, provided
that in residence districts a municipal corporation may by
ordinance designate said street or highway, or portion thereof,
not to be a through highway and thereafter the affected
residence district shall be indicated by official traffic
control devices. Where two or more through highways designated
under this division intersect and no highway traffic control
signal is in operation, stop signs or yield signs shall be
erected at one or more entrances thereto by the department or by
local authorities having jurisdiction, except as otherwise
provided in this section.
(C) The department or local authorities having
jurisdiction need not erect stop signs at intersections they
find to be so constructed as to permit traffic to safely enter a
through highway without coming to a stop. Signs shall be erected
at such intersections indicating that the operator of a vehicle
shall yield the right-of-way to or merge with all traffic
proceeding on the through highway.
(D) Local authorities with reference to highways under
their jurisdiction may designate additional through highways and
shall erect stop signs, yield signs, or highway traffic control
signals at all streets and highways intersecting such through
highways, or may designate any intersection as a stop or yield
intersection and shall erect like signs at one or more entrances
to such intersection.
Sec. 4511.68. (A) No person shall stand or park a
trackless trolley or vehicle, except when necessary to avoid
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2813 H. B. No. 54 Page 98
As Introduced
conflict with other traffic or to comply with sections 4511.01
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code,
or while obeying the directions of a police officer or a traffic
control device, in any of the following places:
(1) On a sidewalk, except as provided in division (B) of
this section;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within ten feet of a fire hydrant;
(5) On a crosswalk;
(6) Within twenty feet of a crosswalk at an intersection;
(7) Within thirty feet of, and upon the approach to, any
flashing beaconyield sign, stop sign, or highway traffic control
devicesignal;
(8) Between a safety zone and the adjacent curb or within
thirty feet of points on the curb immediately opposite the ends
of a safety zone, unless a different length is indicated by a
traffic control device;
(9) Within fifty feet of the nearest rail of a railroad
crossing;
(10) Within twenty feet of a driveway entrance to any fire
station and, on the side of the street opposite the entrance to
any fire station, within seventy-five feet of the entrance when
it is properly posted with signs;
(11) Alongside or opposite any street excavation or
obstruction when such standing or parking would obstruct
traffic;
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2840 H. B. No. 54 Page 99
As Introduced
(12) Alongside any vehicle stopped or parked at the edge
or curb of a street;
(13) Upon any bridge or elevated structure upon a highway,
or within a highway tunnel;
(14) At any place where signs prohibit stopping;
(15) Within one foot of another parked vehicle;
(16) On the roadway portion of a freeway, expressway, or
thruway;
(17) On a bicycle lane .
(B) A person is permitted, without charge or restriction,
to stand or park on a sidewalk a motor-driven cycle or motor
scooter that has an engine not larger than one hundred fifty
cubic centimeters, a low-speed micromobility device, or a
bicycle or electric bicycle, provided that the motor-driven
cycle, motor scooter, low-speed micromobility device, bicycle,
or electric bicycle does not impede the normal flow of
pedestrian traffic. This division does not authorize any person
to operate a vehicle in violation of section 4511.711 of the
Revised Code.
(C) Except as otherwise provided in this division, whoever
violates division (A) of this section is guilty of a minor
misdemeanor. If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to one
predicate motor vehicle or traffic offense, whoever violates
this section is guilty of a misdemeanor of the fourth degree.
If, within one year of the offense, the offender previously has
been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a
misdemeanor of the third degree.
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2869 H. B. No. 54 Page 100
As Introduced
Sec. 4511.701. (A) As used in this section:
(1) "Fifth wheel trailer," "mobile home," and "travel
trailer" have the same meanings as in section 4501.01 of the
Revised Code.
(2) "Manufactured home" has the same meaning as in
division (C)(4) of section 3781.06 of the Revised Code.
(B) Except as provided in division (B)(C) of this section,
no person shall occupy any travel trailer, fifth wheel trailer,
or manufactured or mobile home while it is being used as a
conveyance upon a street or highway.
(B)(C) Division (A)(B) of this section does not apply to a
fifth wheel trailer when both of the following apply:
(1) Any child riding in the fifth wheel trailer is
properly secured in the manner provided in section 4511.81 of
the Revised Code.;
(2) The operator of the vehicle towing the fifth wheel
trailer has some means of viable communication with the
passengers riding in the trailer.
As used in this division, "viable communication" includes
a cellular or satellite telephone, a radio, or any other similar
electronic wireless communications device.
(C)(D) Except as otherwise provided in this division,
whoever violates this section is guilty of a minor misdemeanor.
If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor
vehicle or traffic offense, whoever violates this section is
guilty of a misdemeanor of the fourth degree. If, within one
year of the offense, the offender previously has been convicted
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2897 H. B. No. 54 Page 101
As Introduced
of two or more predicate motor vehicle or traffic offenses,
whoever violates this section is guilty of a misdemeanor of the
third degree.
(2) (E) The offense established under this section is a
strict liability offense and section 2901.20 of the Revised Code
does not apply. The designation of this offense as a strict
liability offense shall not be construed to imply that any other
offense, for which there is no specified degree of culpability,
is not a strict liability offense.
Sec. 4511.712. (A) No driver shall enter an intersection
or marked crosswalk or drive onto any railroad grade crossing
unless there is sufficient space on the other side of the
intersection, crosswalk, or grade crossing to accommodate the
vehicle, streetcar, or trackless trolley the driver is operating
without obstructing the passage of other vehicles, streetcars,
trackless trolleys, pedestrians, or railroad trains,
notwithstanding any highway traffic control signal indication to
proceed.
(B) This section does not apply to a bicyclist using a
two-stage bicycle turn box.
(C) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If,
within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or
more predicate motor vehicle or traffic offenses, whoever
violates this section is guilty of a misdemeanor of the third
degree.
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2927 H. B. No. 54 Page 102
As Introduced
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.
Sec. 4519.401. (A) Except as provided in this section and
section 4511.215 of the Revised Code, no person shall operate a
mini-truck within this state.
(B) A person may operate a mini-truck on a farm for
agricultural purposes only when the owner of the farm qualifies
for the current agricultural use valuation tax credit. A mini-
truck may be operated by or on behalf of such a farm owner on
public roads and rights-of-way only when traveling from one farm
field to another.
(C) A person may operate a mini-truck on property owned or
leased by a dealer who sells mini-trucks at retail.
(D) Whoever violates this section shall be penalized as
provided in division (D)(E) of section 4511.214 of the Revised
Code.
Sec. 5501.20. (A) As used in this section:
(1) "Career professional service" means that part of the
competitive classified service that consists of employees of the
department of transportation who, regardless of job
classification, meet both of the following qualifications:
(a) They are supervisors, professional employees who are
not in a collective bargaining unit, confidential employees, or
management level employees, all as defined in section 4117.01 of
the Revised Code.
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2955 H. B. No. 54 Page 103
As Introduced
(b) They exercise authority that is not merely routine or
clerical in nature and report only to a higher level
unclassified employee or employee in the career professional
service.
(2) "Demoted" means that an employee is placed in a
position where the employee's wage rate equals, or is not more
than twenty per cent less than, the employee's wage rate
immediately prior to demotion or where the employee's job
responsibilities are reduced, or both.
(3) "Employee in the career professional service with
restoration rights" means an employee in the career professional
service who has been in the classified civil service for at
least two years and who has a cumulative total of at least ten
years of continuous service with the department of
transportation.
(4) "Egregious" means a type of conduct or offense that is
especially serious in nature, including theft in office, illegal
drug use while working, discrimination or harassment, assault,
or any other similar conduct or offense.
(B) The director shall adopt a rule in accordance with
section 111.15 of the Revised Code that identifies specific
positions within the department of transportation that are
included in the career professional service. The director may
amend the rule that identifies the specific positions included
in the career professional service whenever the director
determines necessary. Any rule adopted under this division is
subject to review and invalidation by the joint committee on
agency rule review as provided in division (D) of section 111.15
of the Revised Code. The director shall provide a copy of any
rule adopted under this division to the director of budget and
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2985 H. B. No. 54 Page 104
As Introduced
management.
An employee in the career professional service is subject
to the provisions of Chapter 124. of the Revised Code that
govern employees in the classified civil service.
(C)(C)(1) An employee in the career professional service
shall receive a written performance review at least once each
year or as often as the director considers necessary. The
(2) Except as provided in division (C)(3) of this section,
the department shall may give an employee whose performance is
unsatisfactory an opportunity to improve performance for a
period of at least six months, by means of a written performance
improvement plan, before the department takes any disciplinary
action under this section.
(3) If an employee's conduct or committed offense is
egregious, the department shall take immediate disciplinary
action without giving the employee an opportunity to improve
performance by means of a written performance improvement plan.
(D) An employee in the career professional service may be
suspended, demoted, or removed pursuant to division (C) of this
section or for disciplinary reasons under section 124.34 or
124.57 of the Revised Code. An employee in the career
professional service may appeal only the employee's removal to
the state personnel board of review. An employee in the career
professional service may appeal a demotion or a suspension of
more than three days pursuant to rules the director adopts in
accordance with section 111.15 of the Revised Code.
(E) An employee in the career professional service with
restoration rights has restoration rights if demoted because of
performance, but not if involuntarily demoted or removed for any
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3014 H. B. No. 54 Page 105
As Introduced
of the reasons described in section 124.34 or for a violation of
section 124.57 of the Revised Code. The director shall demote an
employee who has restoration rights of that nature to a position
in the classified service that in the director's judgment is
similar in nature to the position the employee held immediately
prior to being appointed to the position in the career
professional service. The director shall assign to an employee
who is demoted to a position in the classified service as
provided in this division a wage rate that equals, or that is
not more than twenty per cent less than, the wage rate assigned
to the employee in the career professional service immediately
prior to the employee's demotion.
Sec. 5513.01. (A) The director of transportation shall
make all purchases of machinery, materials, supplies, or other
articles products, and services in the manner provided in this
section. In all cases except those in which the director
provides written authorization for purchases by district deputy
directors of transportation, the director shall make all such
purchases at the central office of the department of
transportation in Columbus. Before making any purchase at that
office, the director, as provided in this section, shall give
notice to bidders of the director's intention to purchase. Where
the expenditure does not exceed the amount applicable to the
purchase of supplies , products, or services specified in
division (A) of section 125.05 of the Revised Code, the director
shall give such notice as the director considers proper, or the
director may make the purchase without notice. Where the
expenditure exceeds the amount applicable to the purchase of
supplies, products, or services specified in division (A) of
section 125.05 of the Revised Code, the director shall give
notice by posting for not less than ten days a written, typed,
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3045 H. B. No. 54 Page 106
As Introduced
or printed invitation to bidders on a bulletin board. The
director shall locate the notice in a place in the offices
assigned to the department and open to the public during
business hoursthe intention to purchase on the electronic
procurement system established by the department of
administrative services under section 125.073 of the Revised
Code. The director shall use a competitive selection process in
the purchase of supplies, products, or services .
Producers or distributors of any product may notify the
director, in writing, of the class of articles for the
furnishing of which they desire to bid and their post-office
addresses. In that circumstance, the director shall mail copies
of all invitations to bidders relating to the purchase of such
articles to such persons by regular first class mail at least
ten days prior to the time fixed for taking bids. The director
also may mail copies of all invitations to bidders to news
agencies or other agencies or organizations distributing
information of this character. Requests for invitations are not
valid and do not require action by the director unless renewed
by the director, either annually or after such shorter period as
the director may prescribe by a general rule.
The director shall include in an invitation to bidders a
brief statement of the general character of the article that it
is intended to purchase, the approximate quantity desired, and a
statement of the time and place where bids will be received, and
may relate to and describe as many different articles as the
director thinks proper may post multiple supplies, products, or
services in a single listing on the electronic procurement
system, it being the intent and purpose of this section to
authorize the inclusion in a single invitation solicitation of
as many different articles supplies, products, or services as
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3076 H. B. No. 54 Page 107
As Introduced
the director desires to invite bids upon purchase at any given
time. The director shall give invitations issued during each
calendar year consecutive numbers, and ensure that the number
assigned to each invitation appears on all copies thereof. In
all cases where notice is required by this section, the director
shall require sealed bids, on forms prescribed and furnished by
the director. The director shall not permit the modification of
bids after they have been opened.
(B) The director may permit a state agency, the Ohio
turnpike and infrastructure commission, any political
subdivision, and any state university or college to participate
in contracts into which the director has entered for the
purchase of machinery, materials, supplies, products, or other
articlesservices. The turnpike and infrastructure commission and
any political subdivision or state university or college
desiring to participate in such purchase contracts shall file
with the director a certified copy of the bylaws or rules of the
turnpike and infrastructure commission or the ordinance or
resolution of the legislative authority, board of trustees, or
other governing board requesting authorization to participate in
such contracts and agreeing to be bound by such terms and
conditions as the director prescribes. Purchases made by a state
agency, the turnpike and infrastructure commission, political
subdivisions, or state universities or colleges under this
division are exempt from any competitive bidding required by law
for the purchase of machinery, materials, supplies, products, or
other articlesservices.
(C) As used in this section:
(1) "Competitive selection," "products," "purchase,"
"services," and "supplies" have the same meanings as in section
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3106 H. B. No. 54 Page 108
As Introduced
125.01 of the Revised Code.
(2) "Political subdivision" means any county, township,
municipal corporation, conservancy district, township park
district, park district created under Chapter 1545. of the
Revised Code, port authority, regional transit authority,
regional airport authority, regional water and sewer district,
county transit board, school district as defined in section
5513.04 of the Revised Code, regional planning commission formed
under section 713.21 of the Revised Code, regional council of
government formed under section 167.01 of the Revised Code, or
other association of local governments established pursuant to
an agreement under sections 307.14 to 307.19 of the Revised
Code.
(2)(3) "State university or college" has the same meaning
as in division (A)(1) of section 3345.32 of the Revised Code.
(3)(4) "Ohio turnpike and infrastructure commission" means
the commission created by section 5537.02 of the Revised Code.
(4)(5) "State agency" means every organized body, office,
board, authority, commission, or agency established by the laws
of the state for the exercise of any governmental or quasi-
governmental function of state government, regardless of the
funding source for that entity, other than any state institution
of higher education, the office of the governor, lieutenant
governor, auditor of state, treasurer of state, secretary of
state, or attorney general, the general assembly, the courts or
any judicial agency, or any state retirement system or
retirement program established by or referenced in the Revised
Code.
Sec. 5515.01. The director of transportation may upon
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3135 H. B. No. 54 Page 109
As Introduced
formal application being made to the director, grant a permit to
any individual, firm, or corporation to use or occupy such
portion of a road or highway on the state highway system as will
not incommode the traveling public. Such permits, when granted,
shall be upon the following conditions:
(A) The director may issue a permit to any individual,
firm, or corporation for any use of a road or highway on the
state highway system that is consistent with applicable federal
law or federal regulations.
(B) Such location shall be changed as prescribed by the
director when the director deems such change necessary for the
convenience of the traveling public, or in connection with or
contemplation of the construction, reconstruction, improvement,
relocating, maintenance, or repair of such road or highway.
(C) The placing of objects or things shall be at a grade
and in accordance with such plans, specifications, or both, as
shall be first approved by the director.
(D) The road or highway in all respects shall be fully
restored to its former condition of usefulness and at the
expense of such individual, firm, or corporation.
(E) Such individual, firm, or corporation shall maintain
all objects and things in a proper manner, promptly repair all
damages resulting to such road or highway on account thereof,
and in event of failure to so repair such road or highway to pay
to the state all costs and expenses that may be expended by the
director in repairing any damage.
(F) Such other conditions as may seem reasonable to the
director, but no condition shall be prescribed that imposes the
payment of a money consideration for the privilege granted.
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3164 H. B. No. 54 Page 110
As Introduced
Nothing in this division prohibits the director from requiring
payment of money consideration for a lease, easement, license,
or other interest in a transportation facility under control of
the department of transportation.
(G) Permits may be revoked by the director at any time for
a noncompliance with the conditions imposed.
(H) As a condition precedent to the issuance of any permit
for telecommunications facilities or carbon capture and storage
pipelines, the director shall require the applicant to provide
proof it is party to a lease, easement, or license for the
construction, placement, or operation of such facility or
pipeline in or on a transportation facility.
Except as otherwise provided in this section and section
5501.311 of the Revised Code, Chapters 5501., 5503., 5511.,
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527.,
5528., 5529., 5531., 5533., and 5535. of the Revised Code do not
prohibit telephone and electric light and power companies from
constructing, maintaining, and using telephone or electric light
and power lines along and upon such roads or highways under
section 4933.14 or other sections of the Revised Code, or to
affect existing rights of any such companies, or to require such
companies to obtain a permit from the director, except with
respect to the location of poles, wires, conduits, and other
equipment comprising lines on or beneath the surface of such
road or highways.
Any telephone and electric light and power company that
intends to abandon its telephone or electric light and power
lines shall comply with section 5515.09 of the Revised Code.
This section does not prohibit steam or electric railroad
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3193 H. B. No. 54 Page 111
As Introduced
companies from constructing tracks across such roads or
highways, nor authorize the director to grant permission to any
company owning, operating, controlling, or managing a steam
railroad or interurban railway in this state to build a new line
of railroad, or to change or alter the location of existing
tracks across any road or highway on the state highway system at
grade. No such company shall change the elevation of any of its
tracks across such road or highway except in accordance with
plans and specifications first approved by the director.
This section does not relieve any individual, firm, or
corporation from the obligation of satisfying any claim or
demand of an owner of lands abutting on such road or highway on
the state highway system on account of placing in such road or
highway a burden in addition to public travel.
(I) No person shall knowingly use or occupy a portion of a
road or highway on the state highway system if the director
revokes that person's permit under division (G) of this section.
Sec. 5515.02. (A) As used in this section:
(1) "Delay costs and expenses" has the same meaning as in
section 5517.06 of the Revised Code.
(2) "Road" or "highway" has the same meaning as in section
5501.01 of the Revised Code and also includes any part of the
right-of-way.
(B) All individuals, firms, and corporations using or
occupying any part of a road or highway on the state highway
system with telegraph or telephone lines, steam, electrical, or
industrial railways, oil, gas, water, or other pipes, mains,
conduits, or any object or structure, other than by virtue of a
franchise or permit granted and in force, shall remove from the
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3222 H. B. No. 54 Page 112
As Introduced
bounds of the road or highway, their poles and wires connected
therewith, and any tracks, switches, spurs, or oil, gas, water,
or other pipes, mains, conduits, or other objects or structures,
when in the opinion of the director of transportation they
constitute obstructions, or they interfere or may interfere with
the contemplated construction, reconstruction, improvement,
maintenance, repair, or use by the traveling public of the roads
or highways.
(C) All individuals, firms, or corporations so occupying
any road or highway on the state highway system, under and by
virtue of a franchise or permit granted and in force, shall
relocate their properties and all parts thereof within the
bounds of the road or highway when in the opinion of the
director they constitute obstructions, or they interfere with or
may interfere with the contemplated construction,
reconstruction, improvement, maintenance, repair, or use of the
road or highway. The relocation within the bounds of the road or
highway shall be in the manner and to the extent prescribed by
the director.
(D) If, in the opinion of the director, such individuals,
firms, or corporations have obstructed any road or highway on
the state highway system, or if any of their properties are so
located that they do or may interfere with the contemplated
construction, reconstruction, improvement, maintenance, repair,
or use of the road or highway, the director shall notify such
individual, firm, or corporation directing the removal of the
obstruction or properties, or the relocation of the properties.
If the individual, firm, or corporation does not within five
days from the service of the notice proceed to remove or
relocate the obstruction or properties and complete the removal
or relocation within a reasonable time, the director may remove
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3253 H. B. No. 54 Page 113
As Introduced
or relocate the same by employing the necessary labor, tools,
and equipment, and the director, department of transportation,
and any agent of the department are not liable for any damages
caused by such removal or relocation . Any notice required under
this section shall be made by personal service, certified mail,
or express mail.
(E) If, in the director's opinion, the obstruction or
properties present an immediate and serious threat to the safety
of the traveling public, the director may remove or relocate the
obstruction or properties without prior notice , and the
director, department, and any agent of the department are not
liable for any damages caused by such removal or relocation .
(F) When the director performs a removal or relocation
under this section, the costs and expenses shall be paid by the
director out of any appropriation of the department of
transportation available for the establishment, construction,
reconstruction, improvement, maintenance, or repair of highways,
and the amount thereof shall be certified to the attorney
general for collection by civil action.
As used in this section, "road" or "highway" has the same
meaning as in section 5501.01 of the Revised Code and also
includes any part of the right of way.
(G) Any project delay costs and expenses incurred by the
department due to the failure of the owner to timely remove or
relocate an obstruction or property when required under division
(D) of this section shall be certified to the attorney general
for collection by civil action.
(H) If the department certifies an amount for collection
to the attorney general under division (G) of this section, the
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3282 H. B. No. 54 Page 114
As Introduced
attorney general shall bring a civil action to collect the
amount certified.
(I) No person shall knowingly fail to remove or relocate
an obstruction or property when required to do so under this
section.
Sec. 5515.09. (A) As used in this section and section
5515.10 of the Revised Code:
(1) "Telecommunications carrier" has the same meaning as
in section 4927.01 of the Revised Code.
(2) "Telecommunications or utility structure" means any
facility, line, pipe, cable, or other equipment used by a
telecommunications carrier or utility provider to provide
service.
(3) "Utility provider" means any entity described in
section 4905.03 of the Revised Code, regardless of whether the
entity is a public utility under section 4905.02 of the Revised
Code.
(4) "Abandon" does not include a change in ownership of
the telecommunications or utility structure.
(B) Each telecommunications carrier or utility provider
that owns or operates any telecommunications or utility
structure in, upon, under, or otherwise occupying a road or
highway of the state highway system or right-of-way that decides
to abandon its telecommunications or utility structure shall
submit a notification of proposed abandonment to the department
of transportation not later than thirty days after making the
abandonment decision.
(C) A notification of proposed abandonment shall include
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3310 H. B. No. 54 Page 115
As Introduced
all of the following:
(1) The exact location of all telecommunications or
utility structures intended to be abandoned;
(2) If the telecommunications or utility structure
intended to be abandoned was used to transport any liquid, semi-
solid, or gaseous material, any records, permits, inspections,
analyses, determinations, and other information pertaining to
the contents of all material that has ever flowed through or
otherwise occupied the structure;
(3) Whether the telecommunications carrier or utility
provider intends to remove the telecommunications or utility
structure intended to be abandoned, or whether the carrier's or
provider's research can clearly show that the cost of removal
would far exceed the public benefit.
(D) Within ninety days after the receipt of a notification
of proposed abandonment, the department shall investigate and
determine the proper course of action with regard to the
telecommunications or utility structure described in the
notification of proposed abandonment. The department may
determine any or a combination of the following to be a proper
course of action:
(1) The removal of the telecommunications or utility
structure, including any poles, manholes, pull boxes, or other
facilities or equipment determined by the department;
(2) The remediation of any contamination or hazard;
(3) The purging, backfilling, capping, or sealing of any
line or pipe;
(4) The crushing in place of any line or pipe;
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3338 H. B. No. 54 Page 116
As Introduced
(5) Placing the telecommunications or utility structure
out of service, which includes all of the following:
(a) Marking the telecommunications or utility structure as
abandoned;
(b) Maintaining records of ownership of the
telecommunications or utility structure for future
identification and location;
(c) Entering into an agreement with the department to
cover any and all future liabilities and obligations, which may
include filling or removing.
(6) Any other action determined by the department.
(E) The telecommunications carrier or utility provider
that submitted the notification of proposed abandonment shall
perform the proper course of action determined by the department
under this section.
(F) Any proper course of action determined by the
department under this section shall be performed at the sole
cost of the telecommunications carrier or utility provider that
submitted the notice of proposed abandonment.
(G) Any proper course of action determined by the
department under this section shall be completed not later than
one year after the determination.
(H) The department may adopt rules as it determines
necessary to carry out this section.
(I) No telecommunications carrier or utility provider
shall knowingly fail to meet the requirements of this section or
any rule adopted by the department pursuant to this section.
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3365 H. B. No. 54 Page 117
As Introduced
Sec. 5515.10. (A) The department of transportation shall
make reasonable attempts to identify the owner of an abandoned
telecommunications or utility structure in, upon, under, or
otherwise occupying a road or highway of the state highway
system or right-of-way.
(B) If all reasonable attempts to identify the owner under
division (A) of this section have failed, the department shall
remove or cause the removal of the abandoned telecommunications
or utility structure.
(C) The department is not liable for any claims for
damages based upon removal under this section.
Sec. 5515.99. (A) Whoever violates section 5515.01 of the
Revised Code shall be fined not more than five hundred dollars
for a first offense; for a subsequent offense such person shall
be fined not more than two thousand five hundred dollars.
(B) Whoever violates division (I) of section 5515.02 of
the Revised Code shall be fined not more than one hundred
dollars for each day that the person remains in violation of
that division.
(C) Whoever violates section 5515.07 of the Revised Code
or any rule or regulation adopted pursuant to such section shall
be fined not more than one five hundred dollars for a first
offense; for a subsequent offense such person shall be fined not
more than two thousand five hundred dollars.
(D) Whoever violates section 5515.09 of the Revised Code
shall be fined not more than one hundred dollars for each day
that the telecommunications carrier or utility provider fails to
comply.
Sec. 5517.012. (A) As used in this section, "indefinite
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3394 H. B. No. 54 Page 118
As Introduced
delivery indefinite quantity" means a contract for an
unspecified quantity, within stated limits, of supplies or
services that will be delivered by the awarded bidder over a
defined period.
(B) Notwithstanding section 5517.01 of the Revised Code,
the director of transportation may enter into indefinite
delivery indefinite quantity construction contracts for highway
maintenance.
(C) The total value of a contract made under this section
shall not exceed two million dollars per project. The total
dollar value of contracts made under this section shall not
exceed one hundred million per fiscal year.
(D) The duration of a contract made under this section
shall not exceed two years per project.
(E) For purposes of entering into an indefinite delivery
indefinite quantity contract, the director shall do all of the
following:
(1) Prepare bidding documents;
(2) Establish contract forms;
(3) Determine contract terms and conditions, including the
following:
(a) The maximum overall value of the contract that,
notwithstanding division (C) of this section, may include an
increase of one hundred thousand dollars or five per cent of the
advertised contract value, whichever is less;
(b) The duration of the contract that, notwithstanding
division (D) of this section, may include a time extension of up
to one year if determined appropriate by the director;
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3422 H. B. No. 54 Page 119
As Introduced
(c) The defined geographical area to which the contract
applies, which shall be not greater than the size of one
district of the department of transportation unless otherwise
approved by the director.
(4) Advertise and seek bids;
(5) Award to the successful bidder;
(6) Develop and implement an indefinite delivery
indefinite quantity process to provide the awarded bidder
adequate notice of requested supplies or services, the
anticipated quantities of supplies, and work location
information for each work order;
(7) Establish any policies or procedures necessary to
fulfill the duties and obligations of the director under this
section.
(E) Section 5525.01 of the Revised Code applies to
indefinite delivery indefinite quantity construction contracts.
Section 5525.14 of the Revised Code does not apply to the
procurement of indefinite delivery indefinite quantity
construction contracts.
Sec. 5517.02. (A) Before undertaking the construction,
reconstruction by widening or resurfacing, or improvement of a
state highway, or a bridge or culvert thereon, or the
installation of a highway traffic control signal on a state
highway, the director of transportation, except as provided in
section 5517.021 of the Revised Code, shall make an estimate of
the cost of the work using the force account project assessment
form developed by the auditor of state under section 117.16 of
the Revised Code. When a force account project assessment form
is required, the estimate shall include costs for subcontracted
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3451 H. B. No. 54 Page 120
As Introduced
work and any competitively bid component costs.
(B)(1) After complying with division (A) of this section,
the director may proceed without competitive bidding with
maintenance or repair work by employing labor, purchasing
materials, and furnishing equipment, if the total estimated cost
of the completed operation, or series of connected operations,
does not exceed the following, as adjusted under division (B)(2)
of this section:
(a) Thirty thousand dollars per centerline mile of
highway, exclusive of structures and highway traffic control
signals;
(b) Sixty thousand dollars for any single highway traffic
control signal or any other single project.
(2) On the first day of July of every odd-numbered year
beginning in 2015, the director shall increase the amounts
established in division (B)(1) of this section by an amount not
to exceed the lesser of three per cent, or the percentage amount
of any increase in the department of transportation's
construction cost index as annualized and totaled for the prior
two calendar years. The director shall publish the applicable
amounts on the department's internet web site.
(C) The director may proceed by furnishing equipment,
purchasing materials, and employing labor in the erection of
temporary bridges or the making of temporary repairs to a
highway or bridge rendered necessary by flood, landslide, or
other extraordinary emergency. If the director determines
inability to complete such emergency work by force account, the
director may contract for any part of the work, with or without
advertising for bids, as the director considers for the best
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3480 H. B. No. 54 Page 121
As Introduced
interest of the department of transportation.
(D) When a project proceeds by force account under this
section or section 5517.021 of the Revised Code, the department
of transportation shall perform the work in compliance with any
project requirements and specifications that would have applied
if a contract for the work had been let by competitive bidding.
The department shall retain in the project record all records
documenting materials testing compliance, materials placement
compliance, actual personnel and equipment hours usage, and all
other documentation that would have been required if a contract
for the work had been let by competitive bidding.
(E) The director shall proceed by competitive bidding to
let work to the lowest competent and responsible bidder after
advertisement as provided in section 5525.01 of the Revised Code
in both of the following situations:
(1) When the scope of work exceeds the limits established
in section 5517.021 of the Revised Code;
(2) When the estimated cost for a project, other than work
described in section 5517.021 of the Revised Code, exceeds the
amounts established in division (B) of this section, as
adjusted.
Sec. 5517.021. (A)(1) The director of transportation may
proceed without competitive bidding by employing labor,
purchasing materials, and furnishing equipment to do any of the
following work:
(a) Replace any single span bridge in its substantial
entirety or widen any single span bridge, including necessary
modifications to accommodate widening the existing substructure
and wing walls. The director shall proceed under division (A)(1)
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3509 H. B. No. 54 Page 122
As Introduced
(a) of this section only if the deck area of the new or widened
bridge does not exceed seven hundred square feet as measured
around the outside perimeter of the deck.
(b) Replace the bearings, beams, and deck of any bridge on
that bridge's existing foundation if the deck area of the
rehabilitated structure does not exceed eight hundred square
feet;
(c) Construct or replace any single cell or multi-cell
culvert whose total waterway opening does not exceed fifty-two
square feet;
(d) Pave or patch an asphalt surface if the operation does
not exceed one hundred twenty tons of asphalt per lane-mile of
roadway length, except that the department shall not perform a
continuous resurfacing operation under this section if the cost
of the work exceeds the amount established in division (B)(1)(a)
of section 5517.02 of the Revised Code, as adjusted ;
(e) Chip seal or fog seal an asphalt surface if both of
the following apply:
(i) The operation does not exceed twenty-eight feet in
width, excluding turn lanes.
(ii) Chip seal or fog seal operations statewide are not
more than two hundred cumulative centerline miles of asphalt
surface per year.
(2) Work performed in accordance with division (A)(1) of
this section may include approach roadway work, extending not
more than one hundred fifty feet as measured from the back side
of the bridge abutment wall or outside edge of the culvert, as
applicable. The length of an approach guardrail shall be in
accordance with department of transportation design requirements
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3538 H. B. No. 54 Page 123
As Introduced
and shall not be included in the approach work size limitation.
(B) The requirements of section 117.16 of the Revised Code
shall not apply to work described in division (A) of this
section and the work shall be exempt from audit for force
account purposes except to determine compliance with the
applicable size or tonnage restrictions.
Sec. 5517.06. (A) As used in this section, "delay costs
and expenses" means all actual costs, including any contract
modifications, acceleration agreements, wages, labor costs other
than wages, wage taxes, materials, equipment costs and rentals,
storage costs of materials and equipment, insurance, and
subcontracts attributable to the delay, plus a reasonable sum
for overhead.
(B) In conjunction with any work deemed necessary to carry
out Chapters 5501., 5503., 5511., 5512., 5513., 5515., 5516.,
5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531.,
5533., and 5535. of the Revised Code, the director of
transportation may require commitments and deadlines from
persons, firms, corporations, and political subdivisions.
(C) Any delay costs and expenses incurred by the director,
the department of transportation, any agent of the department,
or consultant of the department as a result of the commitments
and deadlines not being followed shall be borne by the persons,
firms, corporations, or political subdivisions responsible for
the delay and any amount thereof shall be certified to the
attorney general for collection by civil action.
(D) If the department certifies an amount for collection
to the attorney general under this section, the attorney general
shall bring a civil action to collect the amount certified.
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3567 H. B. No. 54 Page 124
As Introduced
Sec. 5525.03. (A) All prospective bidders other than
environmental remediators and specialty contractors for which
there are no classes of work provided for in the rules adopted
by the director of transportation shall apply for qualification
on forms prescribed and furnished by the director. The
application shall be accompanied by a certificate of compliance
with affirmative action programs issued pursuant to section 9.47
of the Revised Code and dated no earlier than one hundred eighty
days before the date fixed for the opening of bids award of the
contract for a particular project.
(B) The director shall act upon an application for
qualification within thirty days after it is presented to the
director. Upon the receipt of any application for qualification,
the director shall examine the application to determine whether
the applicant is competent and responsible and possesses the
financial resources required by section 5525.04 of the Revised
Code. If the applicant is found to possess the qualifications
prescribed by sections 5525.02 to 5525.09 of the Revised Code
and by rules adopted by the director, including a certificate of
compliance with affirmative action programs, a certificate of
qualification shall be issued to the applicant, which shall be
valid for the period of one year or such shorter period of time
as the director prescribes, unless revoked by the director for
cause as defined by rules adopted by the director under section
5525.05 of the Revised Code.
(C) The certificate of qualification shall contain a
statement fixing the aggregate amount of work, for any or all
owners, that the applicant may have under construction and
uncompleted at any one time and may contain a statement limiting
such bidder to the submission of bids upon a certain class of
work. Subject to any restriction as to amount or class of work
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3598 H. B. No. 54 Page 125
As Introduced
therein contained, the certificate of qualification shall
authorize its holder to bid on all work on which bids are taken
by the department of transportation during the period of time
therein specified.
(D) An applicant who has received a certificate of
qualification and desires to amend the certificate by the dollar
amount or by the classes of work may submit to the director such
documentation as the director considers appropriate. The
director shall review the documentation submitted by the
applicant and, within fifteen days, shall either amend the
certificate of qualification or deny the request. If the
director denies the request to amend the certificate, the
applicant may appeal that decision to the director's
prequalification review board in accordance with section 5525.07
of the Revised Code. Two or more persons, partnerships, or
corporations may bid jointly on any one project, but only on
condition that prior to the time bids are taken on the project
the bidders make a joint application for qualification and
obtain a joint certificate qualification.
(E) The director may debar from participating in future
contracts with the department any bidding company as well as any
partner of a partnership, or the officers and directors of an
association or corporation if the certificate of qualification
of the company, partnership, association, or corporation is
revoked or not renewed by the director. When the director
reasonably believes that grounds for revocation and debarment
exist, the director shall send the bidding company and any
individual involved a notice of proposed revocation and
debarment indicating the grounds for such action as established
in rules adopted by the director under section 5525.05 of the
Revised Code and the procedure for requesting a hearing. The
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3629 H. B. No. 54 Page 126
As Introduced
notice and hearing shall be in accordance with Chapter 119. of
the Revised Code. If the bidding company or individual does not
respond with a request for a hearing in the manner specified in
Chapter 119. of the Revised Code, the director shall revoke the
certificate and issue the debarment decision without a hearing
and shall notify the bidding company or individual of the
decision by certified mail, return receipt requested.
(F) The debarment period may be of any length determined
by the director and the director may modify or rescind the
debarment at any time. During the period of debarment, the
director shall not issue a certificate of qualification for any
company, partnership, association, or corporation affiliated
with a debarred individual. After the debarment period expires,
the bidding company or individual, and any partnership,
association, or corporation affiliated with the individual may
make an application for qualification if such entity or
individual is not otherwise debarred.
Sec. 5525.04. No bidder shall be given a certificate of
qualification unless the bidder's financial statement and the
investigation made by the director of transportation show that
the bidder possesses net current assets or working capital
sufficient, in the judgment of the director, to render it
probable that the bidder can satisfactorily execute the bidder's
contracts and meet all contractual obligations. Any applicant
desiring a certificate of qualification in an amount of five ten
million dollars or more shall submit on forms prescribed by the
director a financial audit prepared and attested as correct by
an independent certified public accountant. Any applicant
desiring a certificate of qualification in an amount that is
less than five ten million dollars shall submit a financial
review on forms prescribed by the director. The aggregate amount
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3660 H. B. No. 54 Page 127
As Introduced
of work set forth in either type of certificate of qualification
shall not exceed ten times the applicant's net current assets or
working capital. At the time of biddingaward of the contract , a
bidder's qualification is determined by the bidder's
qualification amount minus all of the bidder's pending work.
Applicants for qualification shall expressly authorize the
director to obtain any information that the director considers
pertinent, with respect to the financial worth, assets, and
liabilities of the applicant, from banks or other financial
institutions, surety companies, dealers in material, equipment,
or supplies, or other persons having business transactions with
the applicant. Applicants shall expressly authorize all such
financial institutions or other persons to furnish any such
information requested from them by the director. All information
filed with or furnished to the director by applicants or other
persons, in connection with the administration of sections
5525.02 to 5525.09 of the Revised Code, shall be kept in
confidence by the director and not revealed to any person,
except upon proper order of a court. Failure to submit the
required information or to expressly grant the director
authority to obtain the required information shall result in the
denial of a certificate of qualification. The director or the
director's subordinates shall have access to the books of
account and financial records of all applicants, unless the
financial statement furnished by any applicant is prepared and
attested as correct by a certified public accountant.
If an applicant for either type of certificate of
qualification is or has been an employer in this state the
application shall be accompanied by satisfactory evidence that
the applicant has complied with Chapter 4123. of the Revised
Code.
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3691 H. B. No. 54 Page 128
As Introduced
The director may require all qualified bidders to file
financial statements at such intervals as the director
prescribes. Sections 5525.02 to 5525.09 of the Revised Code
shall be administered without reference to the residence of
applicants, and the rules of the director shall apply equally to
residents and nonresidents of this state. Sections 5525.02 to
5525.09 of the Revised Code, do not apply to the purchase of
material, equipment, or supplies.
Sec. 5525.08. Except as otherwise provided in this
section, the director of transportation shall not consider any
bid filed with the director by any person who has not been
qualified to bid by the time the contract is awarded . Bids from
unqualified bidders discovered by the director prior to the
reading thereof to be from such persons shall be returned
without being read. If the director finds, subsequent to the
opening of bids, that facts exist that would disqualify the
lowest bidder, or that such bidder either is not competent and
responsible or has submitted a nonresponsive bid, the director
shall reject such bid, despite the fact of any prior
qualification of such bidder. No contract shall be awarded to
any bidder not qualified to bid thereon at the time fixed for
receiving bidsof awarding the contract , except that the director
may award contracts for environmental remediation and specialty
work not set out in the director's rules governing classes of
work to bidders that are not qualified under sections 5525.02 to
5525.09 of the Revised Code.
Sec. 5525.14. (A) Notwithstanding sections 125.01 to
125.11 of the Revised Code, the director of transportation, by
written instruction to the contractor, may increase the
quantities of any item specified or not specified in a
competitively bid construction contract but, except as provided
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3722 H. B. No. 54 Page 129
As Introduced
in division (B) of this section and subject to section 5525.141
of the Revised Code, the additional cost incurred by the
increase shall not exceed the lesser of one two hundred thousand
dollars or five ten per cent of the total contract price. Any
such provision for increased quantities or extra work shall be
made in the form of a written change to the original contract
and does not require competitive bidding.
(B) The one hundred thousand dollar or five per cent
restriction monetary threshold established in division (A) of
this section does not apply to change orders or extra work
contracts when, subject to section 5525.141 of the Revised Code,
the total dollar amount of the increase is twenty-five fifty
thousand dollars or less , or to change orders or extra work
contracts resulting from any of the following:
(1) An increase in the plan quantity that is determined
during the final measurement of an item of work.
(2) Federally mandated requirements that did not exist at
the time of the original contract award.
(3) Circumstances that would create a life-, safety-, or
health-threatening situation or would unduly delay the
completion of a project and increase its costs, but only if the
director makes a finding of such fact, declares an emergency,
and issues the finding. Extra work that the director contracts
for in these circumstances may include not only construction
needed to complete a project, but also adjustments needed to
meet changed conditions, alterations in original plans,
unforeseen contingencies, or payments necessitated by contract
terminations or suspensions.
All change orders or extra work contracts set forth in
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3751 H. B. No. 54 Page 130
As Introduced
division (B) of this section shall be reported to the
controlling board quarterly in writing.
(C) The director, by written instruction to the
contractor, may decrease or cancel the quantity of any item
specified in a contract or portion of a contract and authorize
payment to the contractor for reasonable costs incurred to date.
Sec. 5525.141. (A) As used in this section, "rate of
inflation" has the same meaning as in section 107.032 of the
Revised Code.
(B) Beginning September 11, 2029, and on the eleventh day
of September every five years thereafter, the director of
transportation shall evaluate the monetary thresholds specified
in section 5525.14 of the Revised Code and adopt rules adjusting
those amounts based on the average rate of inflation during each
of the previous five years preceding such adjustment.
Sec. 5571.01. (A) A board of township trustees may
construct, reconstruct, resurface, or improve any public road or
part thereof under its jurisdiction, or any county road,
intercounty highway, or state highway within its township. In
the case of a county road, the plans and specifications for the
proposed improvement first shall be submitted to the board of
county commissioners of the county and receive its approval. In
the case of an intercounty or state highway, the plans and
specifications first shall be submitted to the director of
transportation and receive the director's approval. The board of
township trustees may widen, straighten, or change the direction
of any part of a road in connection with the proceedings for its
improvement.
(B) The board of township trustees may construct, improve,
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3780 H. B. No. 54 Page 131
As Introduced
maintain, or repair the berm of any road under its jurisdiction,
in order to provide a hard surface or other improved approach to
rural mail boxes located on public highways.
(C) A board of township trustees, in conformity with the
manual and uniform system of traffic control devices adopted
under section 4511.09 of the Revised Code, may erect and
maintain at intersecting roads, at least one of which is a
township road, suitable signposts showing the names and numbers
of the roads. The cost of the signs shall be paid from the
township road fund.
(D) Subject to division (F) of this section, a board of
township trustees, in conformity with the manual and uniform
system of traffic control devices adopted under section 4511.09
of the Revised Code, may erect and maintain at intersecting
roads, at least one of which is a township road, suitable
signposts showing the direction and distance to any nearby
municipal corporation. The costs of the signs shall be paid from
the township road fund.
(E) Subject to divisions (F) and (G) of this section, a
board of township trustees may purchase or lease and erect and
maintain at intersecting roads, at least one of which is a
township road, suitable traffic control devices and highway
traffic control signals. The traffic control devices and highway
traffic control signals and their placement and maintenance
shall conform with the manual and specifications adopted under
section 4511.09 of the Revised Code. In purchasing or leasing
and erecting and maintaining the traffic control devices and
highway traffic control signals, the board may expend any moneys
that are available to it that legally may be expended for that
purpose.
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3810 H. B. No. 54 Page 132
As Introduced
(F) If one of the intersecting highways as provided in
divisions (D) and (E) of this section is a state highway, both
of the following apply:
(1) No signpost showing the direction and distance to any
nearby municipal corporation shall be placed at or near the
intersection, and no traffic control device or highway traffic
control signal shall be erected at the intersection, without
prior permission of the director as required by section 4511.10
of the Revised Code.
(2) The department of transportation shall maintain any
highway traffic control signal erected by the board of township
trustees at that intersection.
(G) If one of the intersecting roads as provided in
division (E) of this section is a county road, a board of
township trustees shall not erect a traffic control device or
highway traffic control signal at the intersection without prior
permission of the county engineer of the county in which the
intersection is located.
(H) No contract for the construction or repair of a
bridge, the entire cost of which construction or repair exceeds
fifty thousand dollars, shall be entered into by the township
unless the plans are first approved by the director.
Section 101.02. That existing sections 154.01, 717.02,
4501.01, 4511.01, 4511.031, 4511.09, 4511.091, 4511.092,
4511.094, 4511.11, 4511.13, 4511.131, 4511.132, 4511.18,
4511.204, 4511.211, 4511.214, 4511.432, 4511.46, 4511.48,
4511.512, 4511.61, 4511.62, 4511.64, 4511.65, 4511.68, 4511.701,
4511.712, 4519.401, 5501.20, 5513.01, 5515.01, 5515.02, 5515.99,
5517.02, 5517.021, 5525.03, 5525.04, 5525.08, 5525.14, and
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3839 H. B. No. 54 Page 133
As Introduced
5571.01 of the Revised Code are hereby repealed.
Section 105.01. That sections 4511.351 and 4511.491 of the
Revised Code are hereby repealed.
Section 201.10. Except as otherwise provided in this act,
all appropriation items in this act are appropriated out of any
moneys in the state treasury to the credit of the designated
fund that are not otherwise appropriated. For all appropriations
made in this act, the amounts in the first column are for fiscal
year 2026 and the amounts in the second column are for fiscal
year 2027.
Section 203.10.
1 2 3 4 5
A DOT DEPARTMENT OF TRANSPORTATION
BHighway Operating Fund Group
C2120772426Highway Infrastructure
Bank - Federal
$5,750,500 $5,750,500
D2120772427Highway Infrastructure
Bank - State
$15,099,500 $15,099,500
E2130772431Roadway Infrastructure
Bank - State
$3,750,000 $3,750,000
F2130777477Aviation Infrastructure
Bank - State
$2,400,000 $2,400,000
G5XI0772504Ohio Highway
Transportation Safety
$13,500,000 $7,000,000
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3851 H. B. No. 54 Page 134
As Introduced
H7002770003Transportation Facilities
Lease Rental Bond
Payments
$23,000,000 $23,000,000
I7002771411Planning and Research -
State
$34,583,813 $35,352,350
J7002771412Planning and Research -
Federal
$57,095,074 $57,095,074
K7002772421Highway Construction -
State
$1,166,495,043 $849,676,092
L7002772422Highway Construction -
Federal
$1,950,000,000 $1,950,000,000
M7002772424Highway Construction -
Other
$83,500,000 $83,500,000
N7002772437Major New State
Infrastructure Bond Debt
Service - State
$18,500,000 $18,500,000
O7002772438Major New State
Infrastructure Bond Debt
Service - Federal
$132,500,000 $132,500,000
P7002773431Highway Maintenance -
State
$701,557,065 $681,557,065
Q7002775452Public Transportation -
Federal
$63,120,485 $63,276,002
R7002775454Public Transportation - $3,570,000 $3,570,000 H. B. No. 54 Page 135
As Introduced
Other
S7002776462Grade Crossings - Federal $14,068,961 $14,068,961
T7002777472Airport Improvements -
Federal
$405,000 $405,000
U7002777475Aviation Administration $6,973,124 $7,106,246
V7002779491Administration - State $146,998,425 $150,213,685
WHighway Operating Fund Group Total $4,442,866,990 $4,103,820,475
XDedicated Purpose Fund Group
Y4N40776664Rail Transportation -
Other
$2,210,047 $2,237,389
Z5W90777615County Airport
Maintenance
$620,000 $620,000
AADedicated Purpose Fund Group Total $2,830,047 $2,857,389
ABCapital Projects Fund Group
AC7042772723Highway Construction -
Bonds
$210,000,000 $210,000,000
AD7045772428Highway Infrastructure
Bank - Bonds
$210,000,000 $210,000,000
AECapital Projects Fund Group Total $420,000,000 $420,000,000
AFTOTAL ALL BUDGET FUND GROUPS $4,865,697,037 $4,526,677,864 H. B. No. 54 Page 136
As Introduced
Section 203.20. TRANSPORTATION FACILITIES LEASE RENTAL
BOND PAYMENTS
The foregoing appropriation item 770003, Transportation
Facilities Lease Rental Bond Payments, shall be used to meet all
payments during the period from July 1, 2025, through June 30,
2027, pursuant to the leases and agreements for facilities made
under Chapter 154. of the Revised Code. These appropriations are
the source of funds pledged for bond service charges on related
obligations issued under Chapter 154. of the Revised Code.
Should the appropriation in appropriation item 770003,
Transportation Facilities Lease Rental Bond Payments, exceed the
associated debt service payments in either fiscal year of the
biennium ending June 30, 2027, the balance may be transferred to
appropriation item 772421, Highway Construction – State, 773431,
Highway Maintenance – State, or 779491, Administration – State,
upon the written request of the Director of Transportation and
with the approval of the Director of Budget and Management. The
transfers are hereby appropriated and shall be reported to the
Controlling Board.
Section 203.30. ROADS FOR DNR, METROPOLITAN PARKS,
EXPOSITIONS COMMISSION, AND HISTORY CONNECTION
(A) Notwithstanding section 5511.06 of the Revised Code,
in each fiscal year of the biennium ending June 30, 2027, the
Director of Transportation shall determine portions of the
foregoing appropriation item 772421, Highway Construction –
State, which shall be used for the construction, reconstruction,
or maintenance of public access roads, including support
features, to and within state facilities owned or operated by
the Department of Natural Resources.
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3880 H. B. No. 54 Page 137
As Introduced
(B) Notwithstanding section 5511.06 of the Revised Code,
of the foregoing appropriation item 772421, Highway Construction
– State, $2,562,000 in each fiscal year shall be used for the
construction, reconstruction, or maintenance of park drives or
park roads within the boundaries of metropolitan parks.
(C) Notwithstanding section 5511.06 of the Revised Code,
of the foregoing appropriation item 772421, Highway Construction
- State, $500,000 in each fiscal year shall be used for the
construction, reconstruction, or maintenance of park drives or
park roads within the boundaries of state parks and wildlife
areas greater than 10,000 contiguous acres that were purchased
in a single, or series, of transactions, and $500,000 in each
fiscal year shall be used for construction, reconstruction, or
maintenance of drives and roads leading to such state parks and
wildlife areas.
(D) The Department of Transportation may use the foregoing
appropriation item 772421, Highway Construction – State, to
perform:
(1) Related road work on behalf of the Ohio Expositions
Commission at the state fairgrounds, including reconstruction or
maintenance of public access roads and support features to and
within fairgrounds facilities, as requested by the Commission
and approved by the Director of Transportation; and
(2) Related road work on behalf of the Ohio History
Connection, including reconstruction or maintenance of public
access roads and support features to and within Ohio History
Connection facilities, as requested by the Ohio History
Connection and approved by the Director of Transportation.
Section 203.40. TRANSPORTATION IMPROVEMENT DISTRICTS
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3909 H. B. No. 54 Page 138
As Introduced
(A) Of the foregoing appropriation item 772421, Highway
Construction – State, $4,500,000 in each fiscal year shall be
made available for distribution by the Director of
Transportation to Transportation Improvement Districts that have
facilitated funding for the cost of a project or projects in
conjunction with and through other governmental agencies.
(B) A Transportation Improvement District shall submit
requests for project funding to the Director of Transportation
by a day determined by the Director. The Department shall notify
the Transportation Improvement District whether the Department
has approved or disapproved the project funding request within
ninety days after the day the request was submitted by the
Transportation Improvement District.
(C) Any funding provided to a Transportation Improvement
District specified in this section shall not be used for the
purposes of administrative costs or administrative staffing and
must be used to fund a specific project or projects within that
District's area. The total amount of a specific project's cost
shall not be fully funded by the amount of funds provided under
this section. The total amount of funding provided for each
project is limited to $500,000 per fiscal year. Transportation
Improvement Districts that are co-sponsoring a specific project
may individually apply for up to $500,000 for that project per
fiscal year.
(D) Funding provided under this section may be used for
preliminary engineering, detailed design, right-of-way
acquisition, and construction of the specific project and such
other project costs that are defined in section 5540.01 of the
Revised Code and approved by the Director of Transportation.
Upon receipt of a copy of an invoice for work performed on the
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3939 H. B. No. 54 Page 139
As Introduced
specific project, the Director shall reimburse a Transportation
Improvement District for the expenditures described above,
subject to the requirements of this section.
(E) A Transportation Improvement District that is
requesting funds under this section shall register with the
Director of Transportation. The Director shall register a
Transportation Improvement District only if the district has a
specific, eligible project and may cancel the registration of a
Transportation Improvement District that is not eligible to
receive funds under this section. The Director shall not provide
funds to any Transportation Improvement District under this
section if the district is not registered. The Director shall
not register a Transportation Improvement District and may
cancel the registration of a currently registered Transportation
Improvement District unless at least one of the following
applies:
(1) The Transportation Improvement District, by a
resolution or resolutions, designated a project or program of
projects and facilitated, including in conjunction with and
through other governmental agencies, funding for costs of a
project or program of projects in an aggregate amount of not
less than $15,000,000 from the commencement date of the project
or program of projects.
(2) The Transportation Improvement District has
designated, by a resolution or resolutions, a project or program
of projects that has estimated aggregate costs in excess of
$10,000,000 and the County Engineer of the county in which the
Transportation Improvement District is located has attested by a
sworn affidavit that the costs of the project or program of
projects exceeds $10,000,000 and that the Transportation
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3969 H. B. No. 54 Page 140
As Introduced
Improvement District is facilitating a portion of funding for
that project or program of projects.
(F) For the purposes of this section:
(1) "Project" has the same meaning as in division (C) of
section 5540.01 of the Revised Code.
(2) "Governmental agency" has the same meaning as in
division (B) of section 5540.01 of the Revised Code.
(3) "Cost" has the same meaning as in division (D) of
section 5540.01 of the Revised Code.
Section 203.43. HIGHWAY CONSTRUCTION - FEDERAL
Of the foregoing appropriation item 772422, Highway
Construction - Federal, $33,000,000 in each fiscal year shall be
used to support public transportation statewide through the
Federal Highway Administration (FHWA) flexible funding program.
Section 203.45. REGIONAL TRANSPORTATION PLANNING
ORGANIZATIONS
Of the foregoing appropriation item 772422 Highway
Construction - Federal, $5,000,000 in each fiscal year shall be
used by Regional Transportation Planning Organizations to
conduct a rural transportation planning grant program.
Section 203.47. BRENT SPENCE BRIDGE CORRIDOR PROJECT
All spending related to the Brent Spence Bridge Corridor
Project shall be documented in the Ohio Administrative Knowledge
System (OAKS) and made visible in the Ohio State and Local
Government Expenditure Database pursuant to section 113.71 of
the Revised Code.
Section 203.49. RAIL SAFETY CROSSING MATCH
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3996 H. B. No. 54 Page 141
As Introduced
An amount equal to the unexpended, unencumbered balance of
appropriation item 776505, Rail Safety Crossing Match, at the
end of fiscal year 2025 is hereby reappropriated for the same
purpose in fiscal year 2026.
An amount equal to the unexpended, unencumbered balance of
appropriation item 776505, Rail Safety Crossing Match, at the
end of fiscal year 2026 is hereby reappropriated for the same
purpose in fiscal year 2027.
Section 203.50. BOND ISSUANCE AUTHORIZATION
The Treasurer of State, upon the request of the Director
of Transportation, is authorized to issue and sell, in
accordance with Section 2m of Article VIII, Ohio Constitution,
and Chapter 151. and particularly sections 151.01 and 151.06 of
the Revised Code, obligations, including bonds and notes, in the
aggregate amount of $238,500,000 in addition to the original
issuance of obligations authorized by prior acts of the General
Assembly.
The obligations shall be issued and sold from time to time
in amounts necessary to provide sufficient moneys to the credit
of the Highway Capital Improvement Fund (Fund 7042) created by
section 5528.53 of the Revised Code to pay costs charged to the
fund when due as estimated by the Director of Transportation,
provided, however, that not more than $220,000,000 original
principal amount of obligations, plus the principal amount of
obligations that in prior fiscal years could have been, but were
not, issued within the $220,000,000 limit, may be issued in any
fiscal year, and not more than $1,200,000,000 original principal
amount of such obligations are outstanding at any one time.
Section 203.60. APPROPRIATION TRANSFERS, APPROPRIATION
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As Introduced
INCREASES, AND CASH TRANSFERS
(A) TRANSFERS OF HIGHWAY OPERATING FUND APPROPRIATIONS:
EMERGENCIES, INCLEMENT WEATHER, AND FEDERAL FUNDING CHANGES
The Director of Transportation may request the Controlling
Board to approve transfers between Highway Operating Fund (Fund
7002) appropriations for planning and research (appropriation
items 771411 and 771412), highway construction and debt service
(appropriation items 772421, 772422, 772424, 772425, 772437,
772438, 772603, 772604, 772605, and 770003), highway maintenance
(appropriation item 773431), public transportation - federal
(appropriation item 775452), rail grade crossings (appropriation
item 776462), aviation (appropriation item 777475), airport
improvement (appropriation item 777472), and administration
(appropriation item 779491). The Director of Transportation may
not seek requests of appropriation transfers out of debt service
appropriation items unless the Director determines that the
appropriated amounts exceed the actual and projected debt
service requirements.
This transfer request authorization is intended to provide
for emergency situations or for the purchase of goods and
services relating to dangerous inclement weather that arise
during the biennium ending June 30, 2027. It also is intended to
allow the Department to adjust to circumstances affecting the
obligation and expenditure of federal funds.
(B) TRANSFERS OF FEDERAL AND LOCAL FUNDED APPROPRIATIONS:
HIGHWAY, PLANNING, TRANSIT, RAIL, AND AVIATION
The Director of Transportation may request the Controlling
Board to approve the transfer of appropriations between
appropriation items 772422, Highway Construction - Federal,
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As Introduced
771412, Planning and Research - Federal, 775452, Public
Transportation - Federal, 775454, Public Transportation - Other,
776475, Federal Rail Administration, 776462, Grade Crossing -
Federal, and 777472, Airport Improvements - Federal.
(C) TRANSFERS OF APPROPRIATIONS AND CASH: STATE
INFRASTRUCTURE BANK
The Director of Transportation may request the Controlling
Board to approve the transfer of appropriations and cash of the
Infrastructure Bank funds created in section 5531.09 of the
Revised Code, including transfers between fiscal years 2026 and
2027.
The Director of Transportation may request the Controlling
Board to approve the transfer of appropriations and cash from
the Highway Operating Fund (Fund 7002) to the Infrastructure
Bank funds created in section 5531.09 of the Revised Code. The
Director of Budget and Management may transfer from the
Infrastructure Bank funds to Fund 7002 up to the amounts
originally transferred to the Infrastructure Bank funds under
this section. However, the Director may not make transfers
between modes or transfers between different funding sources.
(D) TRANSFERS OF APPROPRIATIONS AND CASH: TOLLING FUNDS
The Director of Transportation may request the Controlling
Board to approve the transfer of appropriations and cash of the
Ohio Toll Fund and any subaccounts created in section 5531.14 of
the Revised Code, including transfers between fiscal years 2026
and 2027.
(E) INCREASING APPROPRIATIONS: STATE FUNDS
In the event that receipts or unexpended balances credited
to the Highway Operating Fund (Fund 7002) exceed the estimates
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As Introduced
upon which the appropriations have been made in this act, upon
the request of the Director of Transportation, the Controlling
Board may approve expenditures, in excess of the amounts
appropriated, from the Highway Operating Fund in the manner
prescribed in section 131.35 of the Revised Code. The amounts
approved by the Controlling Board under this division are hereby
appropriated.
(F) INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS
In the event that receipts or unexpended balances credited
to the Highway Operating Fund (Fund 7002) or apportionments or
allocations made available from the federal and local
governments exceed the estimates upon which the appropriations
have been made in this act, upon the request of the Director of
Transportation, the Controlling Board may approve expenditures,
in excess of the amounts appropriated, from the Highway
Operating Fund in the manner prescribed in section 131.35 of the
Revised Code. The amounts approved by the Controlling Board
under this division are hereby appropriated.
(G) TRANSFERS OF CASH BETWEEN THE HIGHWAY OPERATING FUND
AND THE HIGHWAY CAPITAL IMPROVEMENT FUND
Upon the request of the Director of Transportation, the
Director of Budget and Management may transfer cash from the
Highway Operating Fund (Fund 7002) to the Highway Capital
Improvement Fund (Fund 7042) created in section 5528.53 of the
Revised Code. The Director of Budget and Management may transfer
cash from Fund 7042 to Fund 7002 up to the amount of cash
previously transferred to Fund 7042 under this section.
(H) DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING
On July 1 and January 1 of each year in the biennium
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4112 H. B. No. 54 Page 145
As Introduced
ending June 30, 2027, or as soon as possible thereafter,
respectively, the Director of Budget and Management shall
transfer $200,000 cash, for each semiannual period, from the
Highway Operating Fund (Fund 7002) to the Deputy Inspector
General for ODOT Fund (Fund 5FA0).
The Inspector General, with the consent of the Director of
Budget and Management, may request the Controlling Board to
approve additional transfers of cash and expenditures in excess
of the amount appropriated under appropriation item 965603,
Deputy Inspector General for ODOT, if additional amounts are
necessary. The amounts approved by the Controlling Board are
hereby appropriated.
(I) LIQUIDATION OF UNFORESEEN LIABILITIES
Any appropriation made from the Highway Operating Fund
(Fund 7002) not otherwise restricted by law is available to
liquidate unforeseen liabilities arising from contractual
agreements of prior years when the prior year encumbrance is
insufficient.
(J) ELECTRIC VEHICLE EXPENDITURES
The Director of Transportation shall request Controlling
Board approval for any expenditure of funds received under the
federal "Infrastructure Investment and Jobs Act," Pub. L. No.
117-58, that are to be used for the construction or maintenance
of electric vehicle charging stations. Any such expenditures
approved by the Controlling Board are hereby appropriated.
Section 203.65. REAPPROPRIATIONS
In each year of the biennium ending June 30, 2027, the
Director of Budget and Management may request the Controlling
Board to approve the expenditure of any remaining unencumbered
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As Introduced
balances of prior years' appropriations to the Ohio Highway
Transportation Safety Fund (Fund 5XI0), the Highway Operating
Fund (Fund 7002), the Highway Capital Improvement Fund (Fund
7042), and the Infrastructure Bank funds created in section
5531.09 of the Revised Code for the same purpose in the
following fiscal year. The amounts approved by the Controlling
Board are hereby reappropriated.
Prior to the Director of Budget and Management's seeking
approval of the Controlling Board, the Director of
Transportation shall develop a reappropriation request plan that
identifies the appropriate fund and appropriation item of the
reappropriation, and the reappropriation request amount and
submit the plan to the Director of Budget and Management for
evaluation. The Director of Budget and Management may request
additional information necessary for evaluating the
reappropriation request plan, and the Director of Transportation
shall provide the requested information to the Director of
Budget and Management. Based on the information provided by the
Director of Transportation, the Director of Budget and
Management shall determine amounts to be reappropriated by fund
and appropriation item to submit to the Controlling Board for
its approval.
Any balances of prior years' unencumbered appropriations
to the Highway Operating Fund (Fund 7002), the Highway Capital
Improvement Fund (Fund 7042), the Ohio Highway Transportation
Safety Fund (Fund 5XI0), and the Infrastructure Bank funds
created in section 5531.09 of the Revised Code for which
reappropriations are requested and approved are subject to the
availability of revenue in the funds.
Section 203.70. MAINTENANCE OF INTERSTATE HIGHWAYS
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As Introduced
The Department of Transportation has the responsibility to
maintain all interstate highways in the state. The Director of
Transportation may enter into an agreement with a political
subdivision to allow the political subdivision to remove snow
and ice and maintain, repair, improve, or provide lighting upon
interstate highways that are located within the boundaries of
the political subdivision, in a manner adequate to meet the
requirements of federal law.
When agreed in writing by the Director of Transportation
and the legislative authority of a political subdivision and
notwithstanding sections 125.01 and 125.11 of the Revised Code,
the Department of Transportation may reimburse a political
subdivision for all or any part of the costs, as provided by
such agreement, incurred by the political subdivision in
maintaining, repairing, lighting, and removing snow and ice from
the interstate system.
Section 203.80. PUBLIC TRANSPORTATION HIGHWAY PURPOSE
GRANTS
The Director of Transportation may use revenues from the
state motor vehicle fuel tax to match approved federal grants
awarded to the Department of Transportation, regional transit
authorities, or eligible public transportation systems, for
public transportation highway purposes, or to support local or
state-funded projects for public transportation highway
purposes.
Public transportation highway purposes include (1) the
construction or repair of high-occupancy vehicle traffic lanes,
(2) the acquisition or construction of park-and-ride facilities,
(3) the acquisition or construction of public transportation
vehicle loops, (4) the construction or repair of bridges used by
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As Introduced
public transportation vehicles or that are the responsibility of
a regional transit authority or other public transportation
system, or (5) other similar construction that is designated as
an eligible public transportation highway purpose. Motor vehicle
fuel tax revenues may not be used for operating assistance or
for the purchase of vehicles, equipment, or maintenance
facilities.
Section 203.90. AGREEMENTS WITH FEDERAL AGENCIES FOR
ENVIRONMENTAL REVIEW PURPOSES
The Director of Transportation may enter into agreements
as provided in this section with the United States or any
department or agency of the United States, including, but not
limited to, the United States Army Corps of Engineers, the
United States Forest Service, the United States Environmental
Protection Agency, and the United States Fish and Wildlife
Service. An agreement entered into pursuant to this section
shall be solely for the purpose of dedicating staff to the
expeditious and timely review of environmentally related
documents submitted by the Director of Transportation, as
necessary for the approval of federal permits.
The agreements may include provisions for advance payment
by the Director of Transportation for labor and all other
identifiable costs of the United States or any department or
agency of the United States providing the services, as may be
estimated by the United States, or the department or agency of
the United States.
The Director shall submit a request to the Controlling
Board indicating the amount of the agreement, the services to be
performed by the United States or the department or agency of
the United States, and the circumstances giving rise to the
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As Introduced
agreement.
Section 207.10.
1 2 3 4 5
A DEV DEPARTMENT OF DEVELOPMENT
BDedicated Purpose Fund Group
C4W00195629Roadwork Development $15,200,000 $15,200,000
DDedicated Purpose Fund Group Total $15,200,000 $15,200,000
ETOTAL ALL BUDGET FUND GROUPS $15,200,000 $15,200,000
Section 207.20. ROADWORK DEVELOPMENT
The foregoing appropriation item 195629, Roadwork
Development, shall be used for road improvements associated with
economic development opportunities that will retain or attract
businesses for Ohio, including the construction, reconstruction,
maintenance, or repair of public roads that provide access to a
public airport or are located within a public airport. "Road
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site,
and include the construction, reconstruction, maintenance or
repair of public roads that provide access to a public airport
or are located within a public airport. The appropriation item
may be used in conjunction with any other state funds
appropriated for infrastructure improvements.
The Director of Budget and Management, pursuant to a plan
submitted by the Director of Development or as otherwise
determined by the Director of Budget and Management, shall set a
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4251 H. B. No. 54 Page 150
As Introduced
cash transfer schedule to meet the cash needs of the Roadwork
Development Fund (Fund 4W00) used by the Department of
Development, less any other available cash. The Director of
Budget and Management shall transfer such cash amounts from the
Highway Operating Fund (Fund 7002) to Fund 4W00 at such times as
determined by the transfer schedule.
The Director of Transportation, under the direction of the
Director of Development, shall provide these funds in accordance
with all guidelines and requirements established for other
Department of Development programs, including Controlling Board
review and approval, as well as the requirements for usage of
motor vehicle fuel tax revenue prescribed in Section 5a of
Article XII, Ohio Constitution. Should the Department of
Development require the assistance of the Department of
Transportation to bring a project to completion, the Department
of Transportation shall use its authority under Title 55 of the
Revised Code to provide such assistance and may enter into
contracts on behalf of the Department of Development.
Section 209.10.
1 2 3 4 5
A PWC PUBLIC WORKS COMMISSION
BDedicated Purpose Fund Group
C7052150402Local Transportation
Improvement Program -
Operating
$324,768 $330,375
D7052150701Local Transportation $62,000,000 $67,000,000
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4271 H. B. No. 54 Page 151
As Introduced
Improvement Program
EDedicated Purpose Fund Group Total $62,324,768 $67,330,375
FTOTAL ALL BUDGET FUND GROUPS $62,324,768 $67,330,375
Section 209.20. REAPPROPRIATIONS
All capital appropriations from the Local Transportation
Improvement Program Fund (Fund 7052) in H.B. 23 of the 135th
General Assembly remaining unencumbered as of June 30, 2025, may
be reappropriated for use during the period July 1, 2025,
through June 30, 2026, for the same purpose.
Notwithstanding division (B) of section 127.14 of the
Revised Code, all capital appropriations and reappropriations
from the Local Transportation Improvement Program Fund (Fund
7052) in this act remaining unencumbered as of June 30, 2026,
are reappropriated for use during the period July 1, 2026,
through June 30, 2027, for the same purposes, subject to the
availability of revenue as determined by the Director of the
Public Works Commission.
TEMPORARY TRANSFERS
Notwithstanding section 127.14 of the Revised Code, the
Director of Budget and Management may transfer cash from the
Local Transportation Improvement Fund (Fund 7052) to the State
Capital Improvement Fund (Fund 7038) and the Clean Ohio
Conservation Fund (Fund 7056). The Director of Budget and
Management may approve temporary cash transfers if such
transfers are needed for capital outlays for which notes or
bonds will be issued. When there is a sufficient cash balance in
the fund that receives a cash transfer under this section, the
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4295 H. B. No. 54 Page 152
As Introduced
Director of Budget and Management shall transfer cash from that
fund to Fund 7052 in order to repay Fund 7052 for the amount of
the temporary cash transfers made under this section. Any
transfers executed under this section shall be reported to the
Controlling Board by June 30 of the fiscal year in which the
transfer occurred.
Section 501.10. LIMITATION ON USE OF CAPITAL
APPROPRIATIONS
The capital appropriations made in this act for buildings
or structures, including remodeling and renovations, are limited
to:
(A) Acquisition of real property or interests in real
property;
(B) Buildings and structures, which includes construction,
demolition, complete heating and cooling, lighting and lighting
fixtures, and all necessary utilities, ventilating, plumbing,
sprinkling, water, and sewer systems, when such systems are
authorized or necessary;
(C) Architectural, engineering, and professional services
expenses directly related to the projects;
(D) Machinery that is a part of structures at the time of
initial acquisition or construction;
(E) Acquisition, development, and deployment of new
computer systems, including the redevelopment or integration of
existing and new computer systems, but excluding regular or
ongoing maintenance or support agreements;
(F) Furniture, fixtures, or equipment that meets all the
following criteria:
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4323 H. B. No. 54 Page 153
As Introduced
(1) Is essential in bringing the facility up to its
intended use or is necessary for the functioning of the
particular facility or project;
(2) Has a unit cost, and not the individual parts of a
unit, of about $100 or more; and
(3) Has a useful life of five years or more.
Furniture, fixtures, or equipment that is not an integral
part of or directly related to the basic purpose or function of
a project for which moneys are appropriated shall not be paid
from these appropriations.
Section 503.10. STATE ARBITRAGE REBATE AUTHORIZATION
If it is determined that a payment is necessary in the
amount computed at the time to represent the portion of
investment income to be rebated or amounts in lieu of or in
addition to any rebate amount to be paid to the federal
government in order to maintain the exclusion from gross income
for federal income tax purposes of interest on those state
obligations under section 148(f) of the Internal Revenue Code,
such amount is hereby appropriated from those funds designated
by or pursuant to the applicable proceedings authorizing the
issuance of state obligations.
Payments for this purpose shall be approved and vouchered
by the Office of Budget and Management.
Section 509.10. AUTHORIZATION FOR TREASURER OF STATE AND
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS
The Office of Budget and Management shall process payments
from lease rental payment appropriation items during the period
from July 1, 2025, to June 30, 2027, pursuant to the lease and
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4351 H. B. No. 54 Page 154
As Introduced
other agreements relating to bonds or notes issued under Section
2i of Article VIII of the Ohio Constitution and Chapter 154. of
the Revised Code, and acts of the General Assembly. Payments
shall be made upon certification by the Treasurer of State of
the dates and amounts due on those dates.
Section 509.20. LEASE AND DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of
paying debt service and financing costs on general obligation
bonds or notes of the state and for the purpose of making lease
rental and other payments under leases and agreements relating
to bonds or notes issued under the Ohio Constitution, Revised
Code, and acts of the General Assembly. If it is determined that
additional appropriations are necessary for this purpose, such
amounts are hereby appropriated.
Section 757.10. MOTOR FUEL TAX DISTRIBUTIONS TO HIGHWAY
OPERATING FUND
On the last day of each month in the biennium ending June
30, 2027, before making any of the distributions specified in
section 5735.051 of the Revised Code but after any transfers to
the tax refund fund as required by that section and section
5703.052 of the Revised Code, the Treasurer of State shall
deposit the first two per cent of the amount of motor fuel tax
received for the preceding calendar month to the credit of the
Highway Operating Fund (Fund 7002).
Section 757.20. MOTOR FUEL DEALER REFUNDS
Notwithstanding Chapter 5735. of the Revised Code, the
following apply for the period of July 1, 2025, to June 30,
2027:
(A) For the discount under section 5735.06 of the Revised
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4380 H. B. No. 54 Page 155
As Introduced
Code, if the monthly report is timely filed and the tax is
timely paid, one per cent of the total number of gallons of
motor fuel received by the motor fuel dealer within the state
during the preceding calendar month, less the total number of
gallons deducted under divisions (B)(1)(a) and (b) of section
5735.06 of the Revised Code, less one-half of one per cent of
the total number of gallons of motor fuel that were sold to a
retail dealer during the preceding calendar month.
(B) For the semiannual periods ending December 31, 2025,
June 30, 2026, December 31, 2026, and June 30, 2027, the refund
provided to retail dealers under section 5735.141 of the Revised
Code shall be one-half of one per cent of the Ohio motor fuel
taxes paid on fuel purchased during those semiannual periods.
Section 757.30. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX
FUND
The Director of Budget and Management shall transfer cash
in equal monthly increments totaling $179,054,124 in fiscal year
2026 and in equal monthly increments totaling $187,584,952 in
fiscal year 2027 from the Highway Operating Fund (Fund 7002) to
the Gasoline Excise Tax Fund (Fund 7060). The monthly amounts
transferred under this section shall be distributed as follows:
(A) 42.86 per cent shall be distributed among the
municipal corporations within the state under division (A)(2)(b)
(i) of section 5735.051 of the Revised Code;
(B) 37.14 per cent shall be distributed among the counties
within the state under division (A)(2)(b)(ii) of section
5735.051 of the Revised Code; and
(C) 20 per cent shall be distributed among the townships
within the state under division (A)(2)(b)(iii) of section
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4409 H. B. No. 54 Page 156
As Introduced
5735.051 of the Revised Code.
Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO
APPROPRIATIONS
Law contained in the main operating appropriations act of
the 136th General Assembly that is generally applicable to the
appropriations made in the main operating appropriations act
also is generally applicable to the appropriations made in this
act.
Section 805.10. SEVERABILITY
The items of law contained in this act, and their
applications, are severable. If any item of law contained in
this act, or if any application of any item of law contained in
this act, is held invalid, the invalidity does not affect other
items of law contained in this act and their applications that
can be given effect without the invalid item or application.
Section 810.10. An item of law, other than an amending,
enacting, or repealing clause, that composes the whole or part
of an uncodified section contained in this act has no effect
after June 30, 2027, unless its context clearly indicates
otherwise.
Section 820.10. APPROPRIATIONS AND REFERENDUM
In this section, an "appropriation" includes another
provision of law in this act that relates to the subject of the
appropriation.
An appropriation of money made in this act is not subject
to the referendum insofar as a contemplated expenditure
authorized thereby is wholly to meet a current expense within
the meaning of Ohio Constitution, Article II, Section 1d and
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As Introduced
section 1.471 of the Revised Code. To that extent, the
appropriation takes effect immediately when this act becomes
law. Conversely, the appropriation is subject to the referendum
insofar as a contemplated expenditure authorized thereby is
wholly or partly not to meet a current expense within the
meaning of Ohio Constitution, Article II, Section 1d. To that
extent, the appropriation takes effect on the ninety-first day
after this act is filed with the Secretary of State.
Section 820.30. LAWS AND REFERENDUM
Except as otherwise provided in this act, the amendment,
enactment, or repeal by this act of a section of law is subject
to the referendum under Ohio Constitution, Article II, Section
1c and therefore takes effect on the ninety-first day after this
act is filed with the Secretary of State or, if a later
effective date is specified below, on that date.
Section 830.10. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable
of simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended
by the acts indicated, are the resulting versions of the
sections in effect prior to the effective date of the sections
as presented in this act:
Section 4511.61 of the Revised Code as amended by both
H.B. 26 and H.B. 95 of the 132nd General Assembly.
Section 4511.132 of the Revised Code as amended by H.B. 9,
H.B. 26, H.B. 95, and H.B. 250, all of the 132nd General
Assembly.
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