Ohio House Bill HB82 Latest Draft

                            As Introduced
136th General Assembly
Regular Session	H. B. No. 82
2025-2026
Representatives Click, Johnson
Cosponsors: Representatives Brennan, Daniels, Hall, T., John
A B I L L
To amend sections 4508.02, 4511.03, 4511.12, 
4511.132, 4511.17, 4511.20, 4511.202, 4511.204, 
4511.205, 4511.21, 4511.211, 4511.213, 4511.22, 
4511.23, 4511.25, 4511.251, 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, 4511.41, 4511.42, 4511.43, 
4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 
4511.47, 4511.54, 4511.57, 4511.58, 4511.59, 
4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 
4511.712, 4511.72, 4511.73, 4511.991, and 
5517.07 and to enact section 4511.993 of the 
Revised Code regarding traffic offenses in 
construction zones.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4508.02, 4511.03, 4511.12, 
4511.132, 4511.17, 4511.20, 4511.202, 4511.204, 4511.205, 
4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 
4511.251, 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, 
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4511.39, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 
4511.451, 4511.46, 4511.47, 4511.54, 4511.57, 4511.58, 4511.59, 
4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.72, 
4511.73, 4511.991, and 5517.07 be amended and section 4511.993 
of the Revised Code be enacted to read as follows:
Sec. 4508.02. (A)(1) The director of public safety, 
subject to Chapter 119. of the Revised Code, shall adopt and 
prescribe such rules concerning the administration and 
enforcement of this chapter as are necessary to protect the 
public. The rules shall require an assessment of the holder of a 
probationary instructor license. The director shall inspect the 
school facilities and equipment of applicants and licensees and 
examine applicants for instructor's licenses.
(2) The director shall adopt rules governing online driver 
education courses that may be completed via the internet to 
satisfy the classroom instruction under division (C) of this 
section. The rules shall do all of the following:
(a) Establish standards that an online driver training 
enterprise must satisfy to be licensed to offer an online driver 
education course via the internet, including, at a minimum, 
proven expertise in providing driver education and an acceptable 
infrastructure capable of providing secure online driver 
education in accord with advances in internet technology. The 
rules shall allow an online driver training enterprise to be 
affiliated with a licensed driver training school offering in-
person classroom instruction, but shall not require such an 
affiliation.
(b) Establish content requirements that an online driver 
education course must satisfy to be approved as equivalent to 
twenty-four hours of in-person classroom instruction;
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(c) Establish attendance standards, including a maximum 
number of course hours that may be completed in a twenty-four-
hour period;
(d) Allow an enrolled applicant to begin the required 
eight hours of actual behind-the-wheel instruction upon 
completing all twenty-four hours of course instruction;
(e) Establish any other requirements necessary to regulate 
online driver education.
(B) The director shall administer and enforce this 
chapter.
(C) The rules shall require twenty-four hours of completed 
in-person classroom instruction or the completion of an 
approved, equivalent online driver education course offered via 
the internet by a licensed online driver training enterprise, 
followed by eight hours of actual behind-the-wheel instruction 
conducted on public streets and highways of this state for all 
beginning drivers of noncommercial motor vehicles who are under 
age eighteen. The rules also shall require the classroom 
instruction or online driver education course for such drivers 
to include instruction on both all of the following:
(1) The dangers of driving a motor vehicle while 
distracted, including while using an electronic wireless 
communications device, or engaging in any other activity that 
distracts a driver from the safe and effective operation of a 
motor vehicle;
(2) The dangers of driving a motor vehicle while under the 
influence of a controlled substance, prescription medication, or 
alcohol.;
(3) The dangers of and requirements related to driving a 
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motor vehicle in a construction zone.
(D) The rules shall state the minimum hours for classroom 
and behind-the-wheel instruction required for beginning drivers 
of commercial trucks, commercial cars, buses, and commercial 
tractors, trailers, and semitrailers.
(E)(1) The department of public safety may charge a fee to 
each online driver training enterprise in an amount sufficient 
to pay the actual expenses the department incurs in the 
regulation of online driver education courses.
(2) The department shall supply to each licensed online 
driver training enterprise certificates to be used for 
certifying an applicant's enrollment in an approved online 
driver education course and a separate certificate to be issued 
upon successful completion of an approved online driver 
education course. The certificates shall be numbered serially. 
The department may charge a fee to each online driver training 
enterprise per certificate supplied to pay the actual expenses 
the department incurs in supplying the certificates.
(F) The director shall adopt rules in accordance with 
Chapter 119. of the Revised Code governing an abbreviated driver 
training course for adults.
Sec. 4511.03. (A) The driver of any emergency vehicle or 
public safety vehicle, when responding to an emergency call, 
upon approaching a red or stop signal or any stop sign shall 
slow down as necessary for safety to traffic, but may proceed 
cautiously past such red or stop sign or signal with due regard 
for the safety of all persons using the street or highway.
(B) Except as otherwise provided in this division, whoever 
violates this section is guilty of a minor misdemeanor. If, 
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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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.12. (A) No pedestrian, driver of a vehicle, or 
operator of a streetcar or trackless trolley shall disobey the 
instructions of any traffic control device placed in accordance 
with this chapter, unless at the time otherwise directed by a 
police officer.
No provision of this chapter for which signs are required 
shall be enforced against an alleged violator if at the time and 
place of the alleged violation an official sign is not in proper 
position and sufficiently legible to be seen by an ordinarily 
observant person. Whenever a particular section of this chapter 
does not state that signs are required, that section shall be 
effective even though no signs are erected or in place.
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(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.132. (A) The driver of a vehicle, streetcar, or 
trackless trolley who approaches an intersection where traffic 
is controlled by 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:
(1) Stop at a clearly marked stop line, but if none, stop 
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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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
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the additional penalties established under that section.
Sec. 4511.17. (A) No person, without lawful authority, 
shall do any of the following:
(1) Knowingly move, deface, damage, destroy, or otherwise 
improperly tamper with any traffic control device, any railroad 
sign or signal, or any inscription, shield, or insignia on the 
device, sign, or signal, or any part of the device, sign, or 
signal;
(2) Knowingly drive upon or over any freshly applied 
pavement marking material on the surface of a roadway while the 
marking materiel is in an undried condition and is marked by 
flags, markers, signs, or other devices intended to protect it;
(3) Knowingly move, damage, destroy, or otherwise 
improperly tamper with a manhole cover.
(B)(1) Except as otherwise provided in this division, 
whoever violates division (A)(1) or (3) of this section is 
guilty of a misdemeanor of the third degree. If a violation of 
division (A)(1) or (3) of this section creates a risk of 
physical harm to any person, the offender is guilty of a 
misdemeanor of the first degree. If a violation of division (A)
(1) or (3) of this section causes serious physical harm to 
property that is owned, leased, or controlled by a state or 
local authority, the offender is guilty of a felony of the fifth 
degree.
(2) Except as otherwise provided in this division, whoever 
violates division (A)(2) 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 
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division (A)(2) of 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 division (A)
(2) of this section is guilty of a misdemeanor of the third 
degree.
(C) 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. 4511.20. (A) No person shall operate a vehicle, 
trackless trolley, or streetcar on any street or highway in 
willful or wanton disregard of the safety of persons or 
property.
(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. Whoever violates this section within a construction 
zone, as defined in section 4511.993 of the Revised Code, is 
guilty of a misdemeanor of the first degree.
Sec. 4511.202. (A) No person shall operate a motor 
vehicle, trackless trolley, streetcar, agricultural tractor, or 
agricultural tractor that is towing, pulling, or otherwise 
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drawing a unit of farm machinery on any street, highway, or 
property open to the public for vehicular traffic without being 
in reasonable control of the vehicle, trolley, streetcar, 
agricultural tractor, or unit of farm machinery. 
(B) Whoever violates this section is guilty of operating a 
motor vehicle or agricultural tractor without being in control 
of it, a minor misdemeanor.
(C) 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.
(D) If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.204. (A) No person shall operate a motor 
vehicle, trackless trolley, or streetcar on any street, highway, 
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 
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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 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; 
(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. 
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(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 
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 
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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 
shall be punished as provided in divisions (D)(1) to (5) (6) 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 
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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 
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 
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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) , 
or (5) 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, 
points shall be assessed for a violation of division (A) of this 
section in accordance with section 4510.036 of the Revised Code. 
(5) If the offender commits an offense established under 
this section while operating a motor vehicle in a construction 
zone and division (C) of section 4511.993 of the Revised Code 
applies, the offender is subject to the additional penalties 
established under that section.
(6) 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 
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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 
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; 
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(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 
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), 
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(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. 4511.205. (A) No holder of a temporary instruction 
permit who has not attained the age of eighteen years and no 
holder of a probationary driver's license shall drive a motor 
vehicle on any street, highway, or property used by the public 
for purposes of vehicular traffic or parking while using in any 
manner an electronic wireless communications device. 
(B) Division (A) of this section does not apply to either 
of the following:
(1) A person using an electronic wireless communications 
device for emergency purposes, including an emergency contact 
with a law enforcement agency, hospital or health care provider, 
fire department, or other similar emergency agency or entity;
(2) A person using an electronic wireless communications 
device whose motor vehicle is in a stationary position and the 
motor vehicle is outside a lane of travel;
(3) A person using a navigation device in a voice-operated 
or hands-free manner who does not manipulate the device while 
driving.
(C)(1) Except as provided in division (C)(2) of this 
section, whoever violates division (A) of this section shall be 
fined one hundred fifty dollars. In addition, the court shall 
impose a class seven suspension of the offender's driver's 
license or permit for a definite period of sixty days.
(2) If the person previously has been adjudicated a 
delinquent child or a juvenile traffic offender for a violation 
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512 H. B. No. 82 Page 19
As Introduced
of this section, whoever violates this section shall be fined 
three hundred dollars. In addition, the court shall impose a 
class seven suspension of the person's driver's license or 
permit for a definite period of one year.
(3) If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
(D) The filing of a sworn complaint against a person for a 
violation of this section does not preclude the filing of a 
sworn complaint for a violation of a substantially equivalent 
municipal ordinance for the same conduct. However, if a person 
is adjudicated a delinquent child or a juvenile traffic offender 
for a violation of this section and is also adjudicated a 
delinquent child or a juvenile traffic offender for a violation 
of a substantially equivalent municipal ordinance for the same 
conduct, the two offenses are allied offenses of similar import 
under section 2941.25 of the Revised Code.
(E) As used in this section, "electronic wireless 
communications device" includes any of the following:
(1) A wireless telephone;
(2) A personal digital assistant;
(3) A computer, including a laptop computer and a computer 
tablet;
(4) A text-messaging device;
(5) Any other substantially similar electronic wireless 
device that is designed or used to communicate via voice, image, 
or written word.
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As Introduced
Sec. 4511.21. (A) No person shall operate a motor vehicle, 
trackless trolley, or streetcar at a speed greater or less than 
is reasonable or proper, having due regard to the traffic, 
surface, and width of the street or highway and any other 
conditions, and no person shall drive any motor vehicle, 
trackless trolley, or streetcar in and upon any street or 
highway at a greater speed than will permit the person to bring 
it to a stop within the assured clear distance ahead. 
(B) It is prima-facie lawful, in the absence of a lower 
limit declared or established pursuant to this section by the 
director of transportation or local authorities, for the 
operator of a motor vehicle, trackless trolley, or streetcar to 
operate the same at a speed not exceeding the following: 
(1)(a) Twenty miles per hour in school zones during school 
recess and while children are going to or leaving school during 
the opening or closing hours, and when twenty miles per hour 
school speed limit signs are erected; except that, on 
controlled-access highways and expressways, if the right-of-way 
line fence has been erected without pedestrian opening, the 
speed shall be governed by division (B)(4) of this section and 
on freeways, if the right-of-way line fence has been erected 
without pedestrian opening, the speed shall be governed by 
divisions (B)(10) and (11) of this section. The end of every 
school zone may be marked by a sign indicating the end of the 
zone. Nothing in this section or in the manual and 
specifications for a uniform system of traffic control devices 
shall be construed to require school zones to be indicated by 
signs equipped with flashing or other lights, or giving other 
special notice of the hours in which the school zone speed limit 
is in effect. 
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As Introduced
(b) As used in this section and in section 4511.212 of the 
Revised Code, "school" means all of the following: 
(i) Any school chartered under section 3301.16 of the 
Revised Code; 
(ii) Any nonchartered school that during the preceding 
year filed with the department of education and workforce in 
compliance with rule 3301-35-08 of the Ohio Administrative Code, 
a copy of the school's report for the parents of the school's 
pupils certifying that the school meets Ohio minimum standards 
for nonchartered, nontax-supported schools and presents evidence 
of this filing to the jurisdiction from which it is requesting 
the establishment of a school zone; 
(iii) Any special elementary school that in writing 
requests the county engineer of the county in which the special 
elementary school is located to create a school zone at the 
location of that school. Upon receipt of such a written request, 
the county engineer shall create a school zone at that location 
by erecting the appropriate signs. 
(iv) Any preschool education program operated by an 
educational service center that is located on a street or 
highway with a speed limit of forty-five miles per hour or more, 
when the educational service center in writing requests that the 
county engineer of the county in which the program is located 
create a school zone at the location of that program. Upon 
receipt of such a written request, the county engineer shall 
create a school zone at that location by erecting the 
appropriate signs. 
(c) As used in this section, "school zone" means that 
portion of a street or highway passing a school fronting upon 
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As Introduced
the street or highway that is encompassed by projecting the 
school property lines to the fronting street or highway, and 
also includes that portion of a state highway. Upon request from 
local authorities for streets and highways under their 
jurisdiction and that portion of a state highway under the 
jurisdiction of the director of transportation or a request from 
a county engineer in the case of a school zone for a special 
elementary school, the director may extend the traditional 
school zone boundaries. The distances in divisions (B)(1)(c)(i), 
(ii), and (iii) of this section shall not exceed three hundred 
feet per approach per direction and are bounded by whichever of 
the following distances or combinations thereof the director 
approves as most appropriate: 
(i) The distance encompassed by projecting the school 
building lines normal to the fronting highway and extending a 
distance of three hundred feet on each approach direction; 
(ii) The distance encompassed by projecting the school 
property lines intersecting the fronting highway and extending a 
distance of three hundred feet on each approach direction; 
(iii) The distance encompassed by the special marking of 
the pavement for a principal school pupil crosswalk plus a 
distance of three hundred feet on each approach direction of the 
highway. 
Nothing in this section shall be construed to invalidate 
the director's initial action on August 9, 1976, establishing 
all school zones at the traditional school zone boundaries 
defined by projecting school property lines, except when those 
boundaries are extended as provided in divisions (B)(1)(a) and 
(c) of this section. 
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628 H. B. No. 82 Page 23
As Introduced
(d) As used in this division, "crosswalk" has the meaning 
given that term in division (LL)(2) of section 4511.01 of the 
Revised Code. 
The director may, upon request by resolution of the 
legislative authority of a municipal corporation, the board of 
trustees of a township, or a county board of developmental 
disabilities created pursuant to Chapter 5126. of the Revised 
Code, and upon submission by the municipal corporation, 
township, or county board of such engineering, traffic, and 
other information as the director considers necessary, designate 
a school zone on any portion of a state route lying within the 
municipal corporation, lying within the unincorporated territory 
of the township, or lying adjacent to the property of a school 
that is operated by such county board, that includes a crosswalk 
customarily used by children going to or leaving a school during 
recess and opening and closing hours, whenever the distance, as 
measured in a straight line, from the school property line 
nearest the crosswalk to the nearest point of the crosswalk is 
no more than one thousand three hundred twenty feet. Such a 
school zone shall include the distance encompassed by the 
crosswalk and extending three hundred feet on each approach 
direction of the state route. 
(e) As used in this section, "special elementary school" 
means a school that meets all of the following criteria: 
(i) It is not chartered and does not receive tax revenue 
from any source. 
(ii) It does not educate children beyond the eighth grade. 
(iii) It is located outside the limits of a municipal 
corporation. 
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657 H. B. No. 82 Page 24
As Introduced
(iv) A majority of the total number of students enrolled 
at the school are not related by blood. 
(v) The principal or other person in charge of the special 
elementary school annually sends a report to the superintendent 
of the school district in which the special elementary school is 
located indicating the total number of students enrolled at the 
school, but otherwise the principal or other person in charge 
does not report any other information or data to the 
superintendent. 
(2) Twenty-five miles per hour in all other portions of a 
municipal corporation, except on state routes outside business 
districts, through highways outside business districts, and 
alleys; 
(3) Thirty-five miles per hour on all state routes or 
through highways within municipal corporations outside business 
districts, except as provided in divisions (B)(4) and (6) of 
this section; 
(4) Fifty miles per hour on controlled-access highways and 
expressways within municipal corporations, except as provided in 
divisions (B)(12), (13), (14), (15), and (16) of this section; 
(5) Fifty-five miles per hour on highways outside 
municipal corporations, other than highways within island 
jurisdictions as provided in division (B)(8) of this section, 
highways as provided in divisions (B)(9) and (10) of this 
section, and highways, expressways, and freeways as provided in 
divisions (B)(12), (13), (14), and (16) of this section; 
(6) Fifty miles per hour on state routes within municipal 
corporations outside urban districts unless a lower prima-facie 
speed is established as further provided in this section; 
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686 H. B. No. 82 Page 25
As Introduced
(7) Fifteen miles per hour on all alleys within the 
municipal corporation; 
(8) Thirty-five miles per hour on highways outside 
municipal corporations that are within an island jurisdiction; 
(9) Thirty-five miles per hour on through highways, except 
state routes, that are outside municipal corporations and that 
are within a national park with boundaries extending through two 
or more counties; 
(10) Sixty miles per hour on two-lane state routes outside 
municipal corporations as established by the director under 
division (H)(2) of this section; 
(11) Fifty-five miles per hour on freeways with paved 
shoulders inside municipal corporations, other than freeways as 
provided in divisions (B)(14) and (16) of this section; 
(12) Sixty miles per hour on rural expressways with 
traffic control signals and on all portions of rural divided 
highways, except as provided in divisions (B)(13) and (14) of 
this section; 
(13) Sixty-five miles per hour on all rural expressways 
without traffic control signals; 
(14) Seventy miles per hour on all rural freeways; 
(15) Fifty-five miles per hour on all portions of freeways 
or expressways in congested areas as determined by the director 
and that are located within a municipal corporation or within an 
interstate freeway outerbelt, except as provided in division (B)
(16) of this section; 
(16) Sixty-five miles per hour on all portions of freeways 
or expressways without traffic control signals in urbanized 
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714 H. B. No. 82 Page 26
As Introduced
areas. 
(C) It is prima-facie unlawful for any person to exceed 
any of the speed limitations in divisions (B)(1)(a), (2), (3), 
(4), (6), (7), (8), and (9) of this section, or any declared or 
established pursuant to this section by the director or local 
authorities and it is unlawful for any person to exceed any of 
the speed limitations in division (D) of this section. No person 
shall be convicted of more than one violation of this section 
for the same conduct, although violations of more than one 
provision of this section may be charged in the alternative in a 
single affidavit. 
(D) No person shall operate a motor vehicle, trackless 
trolley, or streetcar upon a street or highway as follows: 
(1) At a speed exceeding fifty-five miles per hour, except 
upon a two-lane state route as provided in division (B)(10) of 
this section and upon a highway, expressway, or freeway as 
provided in divisions (B)(12), (13), (14), and (16) of this 
section; 
(2) At a speed exceeding sixty miles per hour upon a two-
lane state route as provided in division (B)(10) of this section 
and upon a highway as provided in division (B)(12) of this 
section; 
(3) At a speed exceeding sixty-five miles per hour upon an 
expressway as provided in division (B)(13) or upon a freeway as 
provided in division (B)(16) of this section, except upon a 
freeway as provided in division (B)(14) of this section; 
(4) At a speed exceeding seventy miles per hour upon a 
freeway as provided in division (B)(14) of this section; 
(5) At a speed exceeding the posted speed limit upon a 
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743 H. B. No. 82 Page 27
As Introduced
highway, expressway, or freeway for which the director has 
determined and declared a speed limit pursuant to division (I)
(2) or (L)(2) of this section. 
(E) In every charge of violation of this section the 
affidavit and warrant shall specify the time, place, and speed 
at which the defendant is alleged to have driven, and in charges 
made in reliance upon division (C) of this section also the 
speed which division (B)(1)(a), (2), (3), (4), (6), (7), (8), or 
(9) of, or a limit declared or established pursuant to, this 
section declares is prima-facie lawful at the time and place of 
such alleged violation, except that in affidavits where a person 
is alleged to have driven at a greater speed than will permit 
the person to bring the vehicle to a stop within the assured 
clear distance ahead the affidavit and warrant need not specify 
the speed at which the defendant is alleged to have driven. 
(F) When a speed in excess of both a prima-facie 
limitation and a limitation in division (D) of this section is 
alleged, the defendant shall be charged in a single affidavit, 
alleging a single act, with a violation indicated of both 
division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of this 
section, or of a limit declared or established pursuant to this 
section by the director or local authorities, and of the 
limitation in division (D) of this section. If the court finds a 
violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), 
or (9) of, or a limit declared or established pursuant to, this 
section has occurred, it shall enter a judgment of conviction 
under such division and dismiss the charge under division (D) of 
this section. If it finds no violation of division (B)(1)(a), 
(2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or 
established pursuant to, this section, it shall then consider 
whether the evidence supports a conviction under division (D) of 
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774 H. B. No. 82 Page 28
As Introduced
this section. 
(G) Points shall be assessed for violation of a limitation 
under division (D) of this section in accordance with section 
4510.036 of the Revised Code. 
(H)(1) Whenever the director determines upon the basis of 
criteria established by an engineering study, as defined by the 
director, that any speed limit set forth in divisions (B)(1)(a) 
to (D) of this section is greater or less than is reasonable or 
safe under the conditions found to exist at any portion of a 
street or highway under the jurisdiction of the director, the 
director shall determine and declare a reasonable and safe 
prima-facie speed limit, which shall be effective when 
appropriate signs giving notice of it are erected at the 
location. 
(2) Whenever the director determines upon the basis of 
criteria established by an engineering study, as defined by the 
director, that the speed limit of fifty-five miles per hour on a 
two-lane state route outside a municipal corporation is less 
than is reasonable or safe under the conditions found to exist 
at that portion of the state route, the director may determine 
and declare a speed limit of sixty miles per hour for that 
portion of the state route, which shall be effective when 
appropriate signs giving notice of it are erected at the 
location. 
(3)(a) For purposes of the safe and orderly movement of 
traffic upon any portion of a street or highway under the 
jurisdiction of the director, the director may establish a 
variable speed limit that is different than the speed limit 
established by or under this section on all or portions of 
interstate six hundred seventy, interstate two hundred seventy-
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804 H. B. No. 82 Page 29
As Introduced
five, and interstate ninety commencing at the intersection of 
that interstate with interstate seventy-one and continuing to 
the border of the state of Ohio with the state of Pennsylvania. 
The director shall establish criteria for determining the 
appropriate use of variable speed limits and shall establish 
variable speed limits in accordance with the criteria. The 
director may establish variable speed limits based upon the time 
of day, weather conditions, traffic incidents, or other factors 
that affect the safe speed on a street or highway. The director 
shall not establish a variable speed limit that is based on a 
particular type or class of vehicle. A variable speed limit 
established by the director under this section is effective when 
appropriate signs giving notice of the speed limit are displayed 
at the location. 
(b) Except for variable speed limits established under 
division (H)(3)(a) of this section, the director shall establish 
a variable speed limit under the authority granted to the 
director by this section on not more than two additional 
highways and only pursuant to criteria established in rules 
adopted in accordance with Chapter 119. of the Revised Code. The 
rules shall be based on the criteria described in division (H)
(3)(a) of this section. The rules also shall establish the 
parameters of any engineering study necessary for determining 
when variable speed limits are appropriate. 
(4) Nothing in this section shall be construed to limit 
the authority of the director to establish speed limits within a 
construction zone as authorized under section 4511.98 of the 
Revised Code. 
(I)(1) Except as provided in divisions (I)(2), (J), (K), 
and (N) of this section, whenever local authorities determine 
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834 H. B. No. 82 Page 30
As Introduced
upon the basis of criteria established by an engineering study, 
as defined by the director, that the speed permitted by 
divisions (B)(1)(a) to (D) of this section, on any part of a 
highway under their jurisdiction, is greater than is reasonable 
and safe under the conditions found to exist at such location, 
the local authorities may by resolution request the director to 
determine and declare a reasonable and safe prima-facie speed 
limit. Upon receipt of such request the director may determine 
and declare a reasonable and safe prima-facie speed limit at 
such location, and if the director does so, then such declared 
speed limit shall become effective only when appropriate signs 
giving notice thereof are erected at such location by the local 
authorities. The director may withdraw the declaration of a 
prima-facie speed limit whenever in the director's opinion the 
altered prima-facie speed limit becomes unreasonable. Upon such 
withdrawal, the declared prima-facie speed limit shall become 
ineffective and the signs relating thereto shall be immediately 
removed by the local authorities. 
(2) A local authority may determine on the basis of 
criteria established by an engineering study, as defined by the 
director, that the speed limit of sixty-five or seventy miles 
per hour on a portion of a freeway under its jurisdiction is 
greater than is reasonable or safe under the conditions found to 
exist at that portion of the freeway. If the local authority 
makes such a determination, the local authority by resolution 
may request the director to determine and declare a reasonable 
and safe speed limit of not less than fifty-five miles per hour 
for that portion of the freeway. If the director takes such 
action, the declared speed limit becomes effective only when 
appropriate signs giving notice of it are erected at such 
location by the local authority. 
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865 H. B. No. 82 Page 31
As Introduced
(J) Local authorities in their respective jurisdictions 
may authorize by ordinance higher prima-facie speeds than those 
stated in this section upon through highways, or upon highways 
or portions thereof where there are no intersections, or between 
widely spaced intersections, provided signs are erected giving 
notice of the authorized speed, but local authorities shall not 
modify or alter the basic rule set forth in division (A) of this 
section or in any event authorize by ordinance a speed in excess 
of the maximum speed permitted by division (D) of this section 
for the specified type of highway. 
Alteration of prima-facie limits on state routes by local 
authorities shall not be effective until the alteration has been 
approved by the director. The director may withdraw approval of 
any altered prima-facie speed limits whenever in the director's 
opinion any altered prima-facie speed becomes unreasonable, and 
upon such withdrawal, the altered prima-facie speed shall become 
ineffective and the signs relating thereto shall be immediately 
removed by the local authorities. 
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of 
this section, "unimproved highway" means a highway consisting of 
any of the following: 
(a) Unimproved earth; 
(b) Unimproved graded and drained earth; 
(c) Gravel. 
(2) Except as otherwise provided in divisions (K)(4) and 
(5) of this section, whenever a board of township trustees 
determines upon the basis of criteria established by an 
engineering study, as defined by the director, that the speed 
permitted by division (B)(5) of this section on any part of an 
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894 H. B. No. 82 Page 32
As Introduced
unimproved highway under its jurisdiction and in the 
unincorporated territory of the township is greater than is 
reasonable or safe under the conditions found to exist at the 
location, the board may by resolution declare a reasonable and 
safe prima-facie speed limit of fifty-five but not less than 
twenty-five miles per hour. An altered speed limit adopted by a 
board of township trustees under this division becomes effective 
when appropriate traffic control devices, as prescribed in 
section 4511.11 of the Revised Code, giving notice thereof are 
erected at the location, which shall be no sooner than sixty 
days after adoption of the resolution. 
(3)(a) Whenever, in the opinion of a board of township 
trustees, any altered prima-facie speed limit established by the 
board under this division becomes unreasonable, the board may 
adopt a resolution withdrawing the altered prima-facie speed 
limit. Upon the adoption of such a resolution, the altered 
prima-facie speed limit becomes ineffective and the traffic 
control devices relating thereto shall be immediately removed. 
(b) Whenever a highway ceases to be an unimproved highway 
and the board has adopted an altered prima-facie speed limit 
pursuant to division (K)(2) of this section, the board shall, by 
resolution, withdraw the altered prima-facie speed limit as soon 
as the highway ceases to be unimproved. Upon the adoption of 
such a resolution, the altered prima-facie speed limit becomes 
ineffective and the traffic control devices relating thereto 
shall be immediately removed. 
(4)(a) If the boundary of two townships rests on the 
centerline of an unimproved highway in unincorporated territory 
and both townships have jurisdiction over the highway, neither 
of the boards of township trustees of such townships may declare 
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924 H. B. No. 82 Page 33
As Introduced
an altered prima-facie speed limit pursuant to division (K)(2) 
of this section on the part of the highway under their joint 
jurisdiction unless the boards of township trustees of both of 
the townships determine, upon the basis of criteria established 
by an engineering study, as defined by the director, that the 
speed permitted by division (B)(5) of this section is greater 
than is reasonable or safe under the conditions found to exist 
at the location and both boards agree upon a reasonable and safe 
prima-facie speed limit of less than fifty-five but not less 
than twenty-five miles per hour for that location. If both 
boards so agree, each shall follow the procedure specified in 
division (K)(2) of this section for altering the prima-facie 
speed limit on the highway. Except as otherwise provided in 
division (K)(4)(b) of this section, no speed limit altered 
pursuant to division (K)(4)(a) of this section may be withdrawn 
unless the boards of township trustees of both townships 
determine that the altered prima-facie speed limit previously 
adopted becomes unreasonable and each board adopts a resolution 
withdrawing the altered prima-facie speed limit pursuant to the 
procedure specified in division (K)(3)(a) of this section. 
(b) Whenever a highway described in division (K)(4)(a) of 
this section ceases to be an unimproved highway and two boards 
of township trustees have adopted an altered prima-facie speed 
limit pursuant to division (K)(4)(a) of this section, both 
boards shall, by resolution, withdraw the altered prima-facie 
speed limit as soon as the highway ceases to be unimproved. Upon 
the adoption of the resolution, the altered prima-facie speed 
limit becomes ineffective and the traffic control devices 
relating thereto shall be immediately removed. 
(5) As used in division (K)(5) of this section: 
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(a) "Commercial subdivision" means any platted territory 
outside the limits of a municipal corporation and fronting a 
highway where, for a distance of three hundred feet or more, the 
frontage is improved with buildings in use for commercial 
purposes, or where the entire length of the highway is less than 
three hundred feet long and the frontage is improved with 
buildings in use for commercial purposes. 
(b) "Residential subdivision" means any platted territory 
outside the limits of a municipal corporation and fronting a 
highway, where, for a distance of three hundred feet or more, 
the frontage is improved with residences or residences and 
buildings in use for business, or where the entire length of the 
highway is less than three hundred feet long and the frontage is 
improved with residences or residences and buildings in use for 
business. 
Whenever a board of township trustees finds upon the basis 
of criteria established by an engineering study, as defined by 
the director, that the prima-facie speed permitted by division 
(B)(5) of this section on any part of a highway under its 
jurisdiction that is located in a commercial or residential 
subdivision, except on highways or portions thereof at the 
entrances to which vehicular traffic from the majority of 
intersecting highways is required to yield the right-of-way to 
vehicles on such highways in obedience to stop or yield signs or 
traffic control signals, is greater than is reasonable and safe 
under the conditions found to exist at the location, the board 
may by resolution declare a reasonable and safe prima-facie 
speed limit of less than fifty-five but not less than twenty-
five miles per hour at the location. An altered speed limit 
adopted by a board of township trustees under this division 
shall become effective when appropriate signs giving notice 
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985 H. B. No. 82 Page 35
As Introduced
thereof are erected at the location by the township. Whenever, 
in the opinion of a board of township trustees, any altered 
prima-facie speed limit established by it under this division 
becomes unreasonable, it may adopt a resolution withdrawing the 
altered prima-facie speed, and upon such withdrawal, the altered 
prima-facie speed shall become ineffective, and the signs 
relating thereto shall be immediately removed by the township. 
(L)(1) The director of transportation, based upon an 
engineering study, as defined by the director, of a highway, 
expressway, or freeway described in division (B)(12), (13), 
(14), (15), or (16) of this section, in consultation with the 
director of public safety and, if applicable, the local 
authority having jurisdiction over the studied highway, 
expressway, or freeway, may determine and declare that the speed 
limit established on such highway, expressway, or freeway under 
division (B)(12), (13), (14), (15), or (16) of this section 
either is reasonable and safe or is more or less than that which 
is reasonable and safe. 
(2) If the established speed limit for a highway, 
expressway, or freeway studied pursuant to division (L)(1) of 
this section is determined to be more or less than that which is 
reasonable and safe, the director of transportation, in 
consultation with the director of public safety and, if 
applicable, the local authority having jurisdiction over the 
studied highway, expressway, or freeway, shall determine and 
declare a reasonable and safe speed limit for that highway, 
expressway, or freeway. 
(M)(1)(a) If the boundary of two local authorities rests 
on the centerline of a highway and both authorities have 
jurisdiction over the highway, the speed limit for the part of 
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1015 H. B. No. 82 Page 36
As Introduced
the highway within their joint jurisdiction shall be either one 
of the following as agreed to by both authorities: 
(i) Either prima-facie speed limit permitted by division 
(B) of this section; 
(ii) An altered speed limit determined and posted in 
accordance with this section. 
(b) If the local authorities are unable to reach an 
agreement, the speed limit shall remain as established and 
posted under this section. 
(2) Neither local authority may declare an altered prima-
facie speed limit pursuant to this section on the part of the 
highway under their joint jurisdiction unless both of the local 
authorities determine, upon the basis of criteria established by 
an engineering study, as defined by the director, that the speed 
permitted by this section is greater than is reasonable or safe 
under the conditions found to exist at the location and both 
authorities agree upon a uniform reasonable and safe prima-facie 
speed limit of less than fifty-five but not less than twenty-
five miles per hour for that location. If both authorities so 
agree, each shall follow the procedure specified in this section 
for altering the prima-facie speed limit on the highway, and the 
speed limit for the part of the highway within their joint 
jurisdiction shall be uniformly altered. No altered speed limit 
may be withdrawn unless both local authorities determine that 
the altered prima-facie speed limit previously adopted becomes 
unreasonable and each adopts a resolution withdrawing the 
altered prima-facie speed limit pursuant to the procedure 
specified in this section. 
(N) The legislative authority of a municipal corporation 
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1044 H. B. No. 82 Page 37
As Introduced
or township in which a boarding school is located, by resolution 
or ordinance, may establish a boarding school zone. The 
legislative authority may alter the speed limit on any street or 
highway within the boarding school zone and shall specify the 
hours during which the altered speed limit is in effect. For 
purposes of determining the boundaries of the boarding school 
zone, the altered speed limit within the boarding school zone, 
and the hours the altered speed limit is in effect, the 
legislative authority shall consult with the administration of 
the boarding school and with the county engineer or other 
appropriate engineer, as applicable. A boarding school zone 
speed limit becomes effective only when appropriate signs giving 
notice thereof are erected at the appropriate locations. 
(O) As used in this section: 
(1) "Interstate system" has the same meaning as in 23 
U.S.C. 101. 
(2) "Commercial bus" means a motor vehicle designed for 
carrying more than nine passengers and used for the 
transportation of persons for compensation. 
(3) "Noncommercial bus" includes but is not limited to a 
school bus or a motor vehicle operated solely for the 
transportation of persons associated with a charitable or 
nonprofit organization. 
(4) "Outerbelt" means a portion of a freeway that is part 
of the interstate system and is located in the outer vicinity of 
a major municipal corporation or group of municipal 
corporations, as designated by the director. 
(5) "Rural" means an area outside urbanized areas and 
outside of a business or urban district, and areas that extend 
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1073 H. B. No. 82 Page 38
As Introduced
within urbanized areas where the roadway characteristics remain 
mostly unchanged from those outside the urbanized areas. 
(6) "Urbanized area" has the same meaning as in 23 U.S.C. 
101. 
(7) "Divided" means a roadway having two or more travel 
lanes for vehicles moving in opposite directions and that is 
separated by a median of more than four feet, excluding turn 
lanes. 
(P)(1) A violation of any provision of this section is one 
of the following: 
(a) Except as otherwise provided in divisions (P)(1)(b), 
(1)(c), (2), and (3) 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 
violations of any provision of this section or of any provision 
of a municipal ordinance that is substantially similar to any 
provision of this section, a misdemeanor of the fourth degree; 
(c) If, within one year of the offense, the offender 
previously has been convicted of or pleaded guilty to three or 
more violations of any provision of this section or of any 
provision of a municipal ordinance that is substantially similar 
to any provision of this section, a misdemeanor of the third 
degree. 
(2) If the offender operated a motor vehicle faster than 
thirty-five miles an hour in a business district of a municipal 
corporation, faster than fifty miles an hour in other portions 
of a municipal corporation, or faster than thirty-five miles an 
hour in a school zone during recess or while children are going 
to or leaving school during the school's opening or closing 
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1102 H. B. No. 82 Page 39
As Introduced
hours, a misdemeanor of the fourth degree. Division (P)(2) of 
this section does not apply if penalties may be imposed under 
division (P)(1)(b) or (c) of this section. 
(3) Notwithstanding division (P)(1) of this section, if 
the offender operated a motor vehicle in a construction zone 
where a sign was then posted in accordance with section 4511.98 
of the Revised Code, the both of the following apply:
(a) The court, in addition to all other penalties provided 
by law, shall impose upon the offender a fine of two times the 
usual amount imposed for the violation. No court shall impose a 
fine of two times the usual amount imposed for the violation 
upon an offender if the offender alleges, in an affidavit filed 
with the court prior to the offender's sentencing, that the 
offender is indigent and is unable to pay the fine imposed 
pursuant to this division and if the court determines that the 
offender is an indigent person and unable to pay the fine .
(b) If division (C) of section 4511.993 of the Revised 
Code also applies, the offender is subject to the additional 
penalties established under that section . 
(4) 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. 4511.211. (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 
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1131 H. B. No. 82 Page 40
As Introduced
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 
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 
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1160 H. B. No. 82 Page 41
As Introduced
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 
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.
(3) If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
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1189 H. B. No. 82 Page 42
As Introduced
the additional penalties established under that section.
Sec. 4511.213. (A) The driver of a motor vehicle, upon 
approaching a stationary public safety vehicle, emergency 
vehicle, road service vehicle, waste collection vehicle, vehicle 
used by the public utilities commission to conduct motor vehicle 
inspections in accordance with sections 4923.04 and 4923.06 of 
the Revised Code, or a highway maintenance vehicle that is 
displaying the appropriate visual signals by means of flashing, 
oscillating, or rotating lights, as prescribed in section 
4513.17 of the Revised Code, shall do either of the following:
(1) If the driver of the motor vehicle is traveling on a 
highway that consists of at least two lanes that carry traffic 
in the same direction of travel as that of the driver's motor 
vehicle, the driver shall proceed with due caution and, if 
possible and with due regard to the road, weather, and traffic 
conditions, shall change lanes into a lane that is not adjacent 
to that of the stationary public safety vehicle, emergency 
vehicle, road service vehicle, waste collection vehicle, vehicle 
used by the public utilities commission to conduct motor vehicle 
inspections in accordance with sections 4923.04 and 4923.06 of 
the Revised Code, or a highway maintenance vehicle.
(2) If the driver is not traveling on a highway of a type 
described in division (A)(1) of this section, or if the driver 
is traveling on a highway of that type but it is not possible to 
change lanes or if to do so would be unsafe, the driver shall 
proceed with due caution, reduce the speed of the motor vehicle, 
and maintain a safe speed for the road, weather, and traffic 
conditions.
(B) This section does not relieve the driver of a public 
safety vehicle, emergency vehicle, road service vehicle, waste 
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1219 H. B. No. 82 Page 43
As Introduced
collection vehicle, vehicle used by the public utilities 
commission to conduct motor vehicle inspections in accordance 
with sections 4923.04 and 4923.06 of the Revised Code, or a 
highway maintenance vehicle from the duty to drive with due 
regard for the safety of all persons and property upon the 
highway.
(C) No person shall fail to drive a motor vehicle in 
compliance with division (A)(1) or (2) of this section when so 
required by division (A) of this section.
(D)(1) 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.
(2) Notwithstanding section 2929.28 of the Revised Code, 
upon a finding that a person operated a motor vehicle in 
violation of division (C) of this section, the court, in 
addition to all other penalties provided by law, shall impose a 
fine of two times the usual amount imposed for the violation.
(3) 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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1248 H. B. No. 82 Page 44
As Introduced
(4) If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
(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. 4511.22. (A) No person shall stop or operate a 
vehicle, trackless trolley, or street car at such an 
unreasonably slow speed as to impede or block the normal and 
reasonable movement of traffic, except when stopping or reduced 
speed is necessary for safe operation or to comply with law.
(B) Whenever the director of transportation or local 
authorities determine on the basis of an engineering and traffic 
investigation that slow speeds on any part of a controlled-
access highway, expressway, or freeway consistently impede the 
normal and reasonable movement of traffic, the director or such 
local authority may declare a minimum speed limit below which no 
person shall operate a motor vehicle, trackless trolley, or 
street car except when necessary for safe operation or in 
compliance with law. No minimum speed limit established 
hereunder shall be less than thirty miles per hour, greater than 
fifty miles per hour, nor effective until the provisions of 
section 4511.21 of the Revised Code, relating to appropriate 
signs, have been fulfilled and local authorities have obtained 
the approval of the director.
(C) In a case involving a violation of this section, the 
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1278 H. B. No. 82 Page 45
As Introduced
trier of fact, in determining whether the vehicle was being 
operated at an unreasonably slow speed, shall consider the 
capabilities of the vehicle and its operator.
(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.
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.23. (A) No person shall operate a vehicle, 
trackless trolley, or streetcar over any bridge or other 
elevated structure constituting a part of a highway at a speed 
which is greater than the maximum speed that can be maintained 
with safety to such bridge or structure, when such structure is 
posted with signs as provided in this section.
The department of transportation upon request from any 
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1307 H. B. No. 82 Page 46
As Introduced
local authority shall, or upon its own initiative may, conduct 
an investigation of any bridge or other elevated structure 
constituting a part of a highway, and if it finds that such 
structure cannot with safety withstand traffic traveling at the 
speed otherwise permissible under sections 4511.01 to 4511.85 
and 4511.98 4511.993 of the Revised Code, the department shall 
determine and declare the maximum speed of traffic which such 
structure can withstand, and shall cause or permit suitable 
signs stating such maximum speed to be erected and maintained at 
a distance of at least one hundred feet before each end of such 
structure.
Upon the trial of any person charged with a violation of 
this section, proof of said determination of the maximum speed 
by the department and the existence of said signs shall 
constitute prima-facie evidence of the maximum speed which can 
be maintained with safety to such bridge or structure.
(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 
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1337 H. B. No. 82 Page 47
As Introduced
Revised Code.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.25. (A) Upon all roadways of sufficient width, a 
vehicle or trackless trolley shall be driven upon the right half 
of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding 
in the same direction, or when making a left turn under the 
rules governing such movements;
(2) When an obstruction exists making it necessary to 
drive to the left of the center of the highway; provided, any 
person so doing shall yield the right of way to all vehicles 
traveling in the proper direction upon the unobstructed portion 
of the highway within such distance as to constitute an 
immediate hazard;
(3) When driving upon a roadway divided into three or more 
marked lanes for traffic under the rules applicable thereon;
(4) When driving upon a roadway designated and posted with 
signs for one-way traffic;
(5) When otherwise directed by a police officer or traffic 
control device.
(B)(1) Upon all roadways any vehicle or trackless trolley 
proceeding at less than the prevailing and lawful speed of 
traffic at the time and place and under the conditions then 
existing shall be driven in the right-hand lane then available 
for traffic, and far enough to the right to allow passing by 
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1365 H. B. No. 82 Page 48
As Introduced
faster vehicles if such passing is safe and reasonable, except 
under any of the following circumstances:
(a) When overtaking and passing another vehicle or 
trackless trolley proceeding in the same direction;
(b) When preparing for a left turn;
(c) When the driver must necessarily drive in a lane other 
than the right-hand lane to continue on the driver's intended 
route.
(2) Nothing in division (B)(1) of this section requires a 
driver of a slower vehicle to compromise the driver's safety to 
allow overtaking by a faster vehicle.
(C) Upon any roadway having four or more lanes for moving 
traffic and providing for two-way movement of traffic, no 
vehicle or trackless trolley shall be driven to the left of the 
center line of the roadway, except when authorized by official 
traffic control devices designating certain lanes to the left of 
the center of the roadway for use by traffic not otherwise 
permitted to use the lanes, or except as permitted under 
division (A)(2) of this section.
This division shall not be construed as prohibiting the 
crossing of the center line in making a left turn into or from 
an alley, private road, or driveway.
(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 
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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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.251. (A) As used in this section and section 
4510.036 of the Revised Code:
(1) "Street racing" means the operation of two or more 
vehicles from a point side by side at accelerating speeds in a 
competitive attempt to out-distance each other or the operation 
of one or more vehicles over a common selected course, from the 
same point to the same point, wherein timing is made of the 
participating vehicles involving competitive accelerations or 
speeds. The operation of two or more vehicles side by side 
either at speeds in excess of prima-facie lawful speeds 
established by divisions (B)(1)(a) to (B)(9) of section 4511.21 
of the Revised Code or rapidly accelerating from a common 
starting point to a speed in excess of such prima-facie lawful 
speeds shall be prima-facie evidence of street racing.
(2) "Burnout" means a maneuver performed while operating a 
vehicle whereby the vehicle is kept in a stationary position, 
but the wheels of the vehicle are spun, which may cause the 
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1423 H. B. No. 82 Page 50
As Introduced
tires of the vehicle to become heated and emit smoke from the 
friction.
(3) "Doughnut" means a maneuver performed while operating 
a vehicle whereby the front or rear of the vehicle is rotated 
around the opposite set of wheels in a continuous motion, which 
may cause a circular skid-mark pattern of rubber on the driving 
surface, or the tires of the vehicle to become heated and emit 
smoke from the friction, or both.
(4) "Drifting" means a maneuver performed while operating 
a vehicle whereby the vehicle is driven in a manner that causes 
a controlled, sideways skid during a turn, with the front wheels 
pointing in a direction that is the opposite of the direction of 
the turn.
(5) "Wheelie" means a maneuver performed while operating a 
vehicle whereby the front wheel or wheels of the vehicle are 
raised off of the ground or whereby two wheels that are on the 
same side of the vehicle are raised off of the ground.
(6) "Stunt driving" means performing or engaging in 
burnouts, doughnuts, drifting, or wheelies, or allowing a 
passenger to ride either partially or fully outside of the 
vehicle while operating that vehicle.
(7) "Street takeover" means blocking or impeding the 
regular flow of vehicle or pedestrian traffic on a public road, 
street, or highway or on private property that is open to the 
general public for the purpose of street racing or stunt 
driving.
(B) No person shall knowingly participate in street 
racing, stunt driving, or street takeover upon any public road, 
street, or highway, or on private property that is open to the 
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As Introduced
general public.
(C) Whoever violates this section is guilty of street 
racing, stunt driving, or street takeover, a misdemeanor of the 
first degree. In addition to any other sanctions, the court 
shall suspend the offender's driver's license, commercial 
driver's license, temporary instruction permit, probationary 
license, or nonresident operating privilege for not less than 
thirty days or more than three years. No judge shall suspend the 
first thirty days of any suspension of an offender's license, 
permit, or privilege imposed under this division.
(D) Persons rendering assistance in any manner to street 
racing, stunt driving, or street takeover shall be equally 
charged as the participants.
(E) This section does not apply to the competitive 
operation of vehicles on public or private property when the 
political subdivision with jurisdiction of the location or owner 
of the property knowingly permits such operation thereon.
(F) If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.26. (A) Operators of vehicles and trackless 
trolleys proceeding in opposite directions shall pass each other 
to the right, and upon roadways having width for not more than 
one line of traffic in each direction, each operator shall give 
to the other one-half of the main traveled portion of the 
roadway or as nearly one-half as is reasonable possible.
(B) Except as otherwise provided in this division, whoever 
violates this section is guilty of a minor misdemeanor. If, 
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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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.27. (A) The following rules govern the 
overtaking and passing of vehicles or trackless trolleys 
proceeding in the same direction:
(1) The operator of a vehicle or trackless trolley 
overtaking another vehicle or trackless trolley proceeding in 
the same direction shall, except as provided in division (A)(3) 
of this section, signal to the vehicle or trackless trolley to 
be overtaken, shall pass to the left thereof at a safe distance, 
and shall not again drive to the right side of the roadway until 
safely clear of the overtaken vehicle or trackless trolley. When 
a motor vehicle or trackless trolley overtakes and passes a 
bicycle or electric bicycle, three feet or greater is considered 
a safe passing distance.
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1511 H. B. No. 82 Page 53
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(2) Except when overtaking and passing on the right is 
permitted, the operator of an overtaken vehicle shall give way 
to the right in favor of the overtaking vehicle at the latter's 
audible signal, and the operator shall not increase the speed of 
the operator's vehicle until completely passed by the overtaking 
vehicle.
(3) The operator of a vehicle or trackless trolley 
overtaking and passing another vehicle or trackless trolley 
proceeding in the same direction on a divided highway as defined 
in section 4511.35 of the Revised Code, a limited access highway 
as defined in section 5511.02 of the Revised Code, or a highway 
with four or more traffic lanes, is not required to signal 
audibly to the vehicle or trackless trolley being overtaken and 
passed.
(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.
If the offender commits the offense while operating a 
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1541 H. B. No. 82 Page 54
As Introduced
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.28. (A) The driver of a vehicle or trackless 
trolley may overtake and pass upon the right of another vehicle 
or trackless trolley only under the following conditions:
(1) When the vehicle or trackless trolley overtaken is 
making or about to make a left turn;
(2) Upon a roadway with unobstructed pavement of 
sufficient width for two or more lines of vehicles moving 
lawfully in the direction being traveled by the overtaking 
vehicle.
(B) The driver of a vehicle or trackless trolley may 
overtake and pass another vehicle or trackless trolley only 
under conditions permitting such movement in safety. The 
movement shall not be made by driving off the roadway.
(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 
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1570 H. B. No. 82 Page 55
As Introduced
additional fine established under section 4511.991 of the 
Revised Code.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.29. (A) No vehicle or trackless trolley shall be 
driven to the left of the center of the roadway in overtaking 
and passing traffic proceeding in the same direction, unless 
such left side is clearly visible and is free of oncoming 
traffic for a sufficient distance ahead to permit such 
overtaking and passing to be completely made, without 
interfering with the safe operation of any traffic approaching 
from the opposite direction or any traffic overtaken. In every 
event the overtaking vehicle or trackless trolley must return to 
an authorized lane of travel as soon as practicable and in the 
event the passing movement involves the use of a lane authorized 
for traffic approaching from the opposite direction, before 
coming within two hundred feet of any approaching vehicle.
(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 
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1600 H. B. No. 82 Page 56
As Introduced
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.30. (A) No vehicle or trackless trolley shall be 
driven upon the left side of the roadway under the following 
conditions:
(1) When approaching the crest of a grade or upon a curve 
in the highway, where the operator's view is obstructed within 
such a distance as to create a hazard in the event traffic might 
approach from the opposite direction;
(2) When the view is obstructed upon approaching within 
one hundred feet of any bridge, viaduct, or tunnel;
(3) When approaching within one hundred feet of or 
traversing any intersection or railroad grade crossing.
(B) This section does not apply to vehicles or trackless 
trolleys upon a one-way roadway, upon a roadway where traffic is 
lawfully directed to be driven to the left side, or under the 
conditions described in division (A)(2) of section 4511.25 of 
the Revised Code.
(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 
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1629 H. B. No. 82 Page 57
As Introduced
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.31. (A) The department of transportation may 
determine those portions of any state highway where overtaking 
and passing other traffic or driving to the left of the center 
or center line of the roadway would be especially hazardous and 
may, by appropriate signs or markings on the highway, indicate 
the beginning and end of such zones. When such signs or markings 
are in place and clearly visible, every operator of a vehicle or 
trackless trolley shall obey the directions of the signs or 
markings, notwithstanding the distances set out in section 
4511.30 of the Revised Code.
(B) Division (A) of this section does not apply when all 
of the following apply:
(1) The slower vehicle is proceeding at less than half the 
speed of the speed limit applicable to that location.
(2) The faster vehicle is capable of overtaking and 
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1658 H. B. No. 82 Page 58
As Introduced
passing the slower vehicle without exceeding the speed limit.
(3) There is sufficient clear sight distance to the left 
of the center or center line of the roadway to meet the 
overtaking and passing provisions of section 4511.29 of the 
Revised Code, considering the speed of the slower vehicle.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.32. (A) The department of transportation may 
designate any highway or any separate roadway under its 
jurisdiction for one-way traffic and shall erect appropriate 
signs giving notice thereof.
Upon a roadway designated and posted with signs for one-
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1687 H. B. No. 82 Page 59
As Introduced
way traffic a vehicle shall be driven only in the direction 
designated.
A vehicle passing around a rotary traffic island shall be 
driven only to the right of the rotary traffic island.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.33. (A) Whenever any roadway has been divided 
into two or more clearly marked lanes for traffic, or wherever 
within municipal corporations traffic is lawfully moving in two 
or more substantially continuous lines in the same direction, 
the following rules apply:
(1) A vehicle or trackless trolley shall be driven, as 
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1716 H. B. No. 82 Page 60
As Introduced
nearly as is practicable, entirely within a single lane or line 
of traffic and shall not be moved from such lane or line until 
the driver has first ascertained that such movement can be made 
with safety.
(2) Upon a roadway which is divided into three lanes and 
provides for two-way movement of traffic, a vehicle or trackless 
trolley shall not be driven in the center lane except when 
overtaking and passing another vehicle or trackless trolley 
where the roadway is clearly visible and such center lane is 
clear of traffic within a safe distance, or when preparing for a 
left turn, or where such center lane is at the time allocated 
exclusively to traffic moving in the direction the vehicle or 
trackless trolley is proceeding and is posted with signs to give 
notice of such allocation.
(3) Official signs may be erected directing specified 
traffic to use a designated lane or designating those lanes to 
be used by traffic moving in a particular direction regardless 
of the center of the roadway, or restricting the use of a 
particular lane to only buses during certain hours or during all 
hours, and drivers of vehicles and trackless trolleys shall obey 
the directions of such signs.
(4) Official traffic control devices may be installed 
prohibiting the changing of lanes on sections of roadway and 
drivers of vehicles shall obey the directions of every such 
device.
(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 
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As Introduced
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.34. (A) The operator of a motor vehicle, 
streetcar, or trackless trolley shall not follow another 
vehicle, streetcar, or trackless trolley more closely than is 
reasonable and prudent, having due regard for the speed of such 
vehicle, streetcar, or trackless trolley, and the traffic upon 
and the condition of the highway.
The driver of any truck, or motor vehicle drawing another 
vehicle, when traveling upon a roadway outside a business or 
residence district shall maintain a sufficient space, whenever 
conditions permit, between such vehicle and another vehicle 
ahead so an overtaking motor vehicle may enter and occupy such 
space without danger. This paragraph does not prevent overtaking 
and passing nor does it apply to any lane specially designated 
for use by trucks.
Outside a municipal corporation, the driver of any truck, 
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As Introduced
or motor vehicle when drawing another vehicle, while ascending 
to the crest of a grade beyond which the driver's view of a 
roadway is obstructed, shall not follow within three hundred 
feet of another truck, or motor vehicle drawing another vehicle. 
This paragraph shall not apply to any lane specially designated 
for use by trucks.
Motor vehicles being driven upon any roadway outside of a 
business or residence district in a caravan or motorcade, shall 
maintain a sufficient space between such vehicles so an 
overtaking vehicle may enter and occupy such space without 
danger. This paragraph shall not apply to funeral processions.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
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Sec. 4511.35. (A) Whenever any highway has been divided 
into two roadways by an intervening space, or by a physical 
barrier, or clearly indicated dividing section so constructed as 
to impede vehicular traffic, every vehicle shall be driven only 
upon the right-hand roadway, and no vehicle shall be driven 
over, across, or within any such dividing space, barrier, or 
section, except through an opening, crossover, or intersection 
established by public authority. This section does not prohibit 
the occupancy of such dividing space, barrier, or section for 
the purpose of an emergency stop or in compliance with an order 
of a police officer.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
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Sec. 4511.36. (A) The driver of a vehicle intending to 
turn at an intersection shall be governed by the following 
rules:
(1) Approach for a right turn and a right turn shall be 
made as close as practicable to the right-hand curb or edge of 
the roadway.
(2) At any intersection where traffic is permitted to move 
in both directions on each roadway entering the intersection, an 
approach for a left turn shall be made in that portion of the 
right half of the roadway nearest the center line thereof and by 
passing to the right of such center line where it enters the 
intersection and after entering the intersection the left turn 
shall be made so as to leave the intersection to the right of 
the center line of the roadway being entered. Whenever 
practicable the left turn shall be made in that portion of the 
intersection to the left of the center of the intersection.
(3) At any intersection where traffic is restricted to one 
direction on one or more of the roadways, the driver of a 
vehicle intending to turn left at any such intersection shall 
approach the intersection in the extreme left-hand lane lawfully 
available to traffic moving in the direction of travel of such 
vehicle, and after entering the intersection the left turn shall 
be made so as to leave the intersection, as nearly as 
practicable, in the left-hand lane of the roadway being entered 
lawfully available to traffic moving in that lane.
(B) The operator of a trackless trolley shall comply with 
divisions (A)(1), (2), and (3) of this section wherever 
practicable.
(C) The department of transportation and local authorities 
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1864 H. B. No. 82 Page 65
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in their respective jurisdictions may cause markers, buttons, or 
signs to be placed within or adjacent to intersections and 
thereby require and direct that a different course from that 
specified in this section be traveled by vehicles, streetcars, 
or trackless trolleys, turning at an intersection, and when 
markers, buttons, or signs are so placed, no operator of a 
vehicle, streetcar, or trackless trolley shall turn such 
vehicle, streetcar, or trackless trolley at an intersection 
other than as directed and required by such markers, buttons, or 
signs.
(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.
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.37. (A) Except as provided in section 4511.13 of 
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1894 H. B. No. 82 Page 66
As Introduced
the Revised Code and division (B) of this section, no vehicle 
shall be turned so as to proceed in the opposite direction upon 
any curve, or upon the approach to or near the crest of a grade, 
if the vehicle cannot be seen within five hundred feet by the 
driver of any other vehicle approaching from either direction. 
(B) The driver of an emergency vehicle or public safety 
vehicle, when responding to an emergency call, may turn the 
vehicle so as to proceed in the opposite direction. This 
division applies only when the emergency vehicle or public 
safety vehicle is responding to an emergency call, is equipped 
with and displaying at least one flashing, rotating, or 
oscillating light visible under normal atmospheric conditions 
from a distance of five hundred feet to the front of the 
vehicle, and when the driver of the vehicle is giving an audible 
signal by siren, exhaust whistle, or bell. This division does 
not relieve the driver of an emergency vehicle or public safety 
vehicle from the duty to drive with due regard for the safety of 
all persons and property upon the highway.
(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 
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1924 H. B. No. 82 Page 67
As Introduced
commission of the offense, the offender is subject to the 
additional fine established under section 4511.991 of the 
Revised Code.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.38. (A) No person shall start a vehicle, 
streetcar, or trackless trolley which is stopped, standing, or 
parked until such movement can be made with reasonable safety.
Before backing, operators of vehicle, streetcars, or 
trackless trolleys shall give ample warning, and while backing 
they shall exercise vigilance not to injure person or property 
on the street or highway.
No person shall back a motor vehicle on a freeway, except: 
in a rest area; in the performance of public works or official 
duties; as a result of an emergency caused by an accident or 
breakdown of a motor vehicle.
(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 
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1953 H. B. No. 82 Page 68
As Introduced
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.39. (A) No person shall turn a vehicle or 
trackless trolley or move right or left upon a highway unless 
and until such person has exercised due care to ascertain that 
the movement can be made with reasonable safety nor without 
giving an appropriate signal in the manner hereinafter provided.
When required, a signal of intention to turn or move right 
or left shall be given continuously during not less than the 
last one hundred feet traveled by the vehicle or trackless 
trolley before turning, except that in the case of a person 
operating a bicycle or electric bicycle, the signal shall be 
made not less than one time but is not required to be 
continuous. A bicycle or electric bicycle operator is not 
required to make a signal if the bicycle or electric bicycle is 
in a designated turn lane, and a signal shall not be given when 
the operator's hands are needed for the safe operation of the 
bicycle or electric bicycle.
No person shall stop or suddenly decrease the speed of a 
vehicle or trackless trolley without first giving an appropriate 
signal in the manner provided herein to the driver of any 
vehicle or trackless trolley immediately to the rear when there 
is opportunity to give a signal.
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1982 H. B. No. 82 Page 69
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Any stop or turn signal required by this section shall be 
given either by means of the hand and arm, or by signal lights 
that clearly indicate to both approaching and following traffic 
intention to turn or move right or left, except that any motor 
vehicle in use on a highway shall be equipped with, and the 
required signal shall be given by, signal lights when the 
distance from the center of the top of the steering post to the 
left outside limit of the body, cab, or load of such motor 
vehicle exceeds twenty-four inches, or when the distance from 
the center of the top of the steering post to the rear limit of 
the body or load thereof exceeds fourteen feet, whether a single 
vehicle or a combination of vehicles.
The signal lights required by this section shall not be 
flashed on one side only on a disabled vehicle or trackless 
trolley, flashed as a courtesy or "do pass" signal to operators 
of other vehicles or trackless trolleys approaching from the 
rear, nor be flashed on one side only of a parked vehicle or 
trackless trolley except as may be necessary for compliance with 
this section.
(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 
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2012 H. B. No. 82 Page 70
As Introduced
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.41. (A) When two vehicles, including any 
trackless trolley or streetcar, approach or enter an 
intersection from different streets or highways at approximately 
the same time, the driver of the vehicle on the left shall yield 
the right-of-way to the vehicle on the right.
(B) The right-of-way rule declared in division (A) of this 
section is modified at through highways and otherwise as stated 
in Chapter 4511. of the Revised Code.
(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 
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2041 H. B. No. 82 Page 71
As Introduced
additional fine established under section 4511.991 of the 
Revised Code.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.42. (A) The operator of a vehicle, streetcar, or 
trackless trolley intending to turn to the left within an 
intersection or into an alley, private road, or driveway shall 
yield the right of way to any vehicle, streetcar, or trackless 
trolley approaching from the opposite direction, whenever the 
approaching vehicle, streetcar, or trackless trolley is within 
the intersection or so close to the intersection, alley, private 
road, or driveway as to constitute an immediate hazard.
(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.
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2070 H. B. No. 82 Page 72
As Introduced
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.43. (A) Except when directed to proceed by a law 
enforcement officer, every driver of a vehicle or trackless 
trolley approaching a stop sign shall stop at a clearly marked 
stop line, but if none, before entering the crosswalk on the 
near side of the intersection, or, if none, then at the point 
nearest the intersecting roadway where the driver has a view of 
approaching traffic on the intersecting roadway before entering 
it. After having stopped, the driver shall yield the right-of-
way to any vehicle in the intersection or approaching on another 
roadway so closely as to constitute an immediate hazard during 
the time the driver is moving across or within the intersection 
or junction of roadways.
(B) The driver of a vehicle or trackless trolley 
approaching a yield sign shall slow down to a speed reasonable 
for the existing conditions and, if required for safety to stop, 
shall stop at a clearly marked stop line, but if none, before 
entering the crosswalk on the near side of the intersection, or, 
if none, then at the point nearest the intersecting roadway 
where the driver has a view of approaching traffic on the 
intersecting roadway before entering it. After slowing or 
stopping, the driver shall yield the right-of-way to any vehicle 
or trackless trolley in the intersection or approaching on 
another roadway so closely as to constitute an immediate hazard 
during the time the driver is moving across or within the 
intersection or junction of roadways. Whenever a driver is 
involved in a collision with a vehicle or trackless trolley in 
the intersection or junction of roadways, after driving past a 
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2101 H. B. No. 82 Page 73
As Introduced
yield sign without stopping, the collision shall be prima-facie 
evidence of the driver's failure to yield the right-of-way.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.431. (A) The driver of a vehicle or trackless 
trolley emerging from an alley, building, private road, or 
driveway within a business or residence district shall stop the 
vehicle or trackless trolley immediately prior to driving onto a 
sidewalk or onto the sidewalk area extending across the alley, 
building entrance, road, or driveway, or in the event there is 
no sidewalk area, shall stop at the point nearest the street to 
be entered where the driver has a view of approaching traffic 
thereon.
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2131 H. B. No. 82 Page 74
As Introduced
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.44. (A) The operator of a vehicle, streetcar, or 
trackless trolley about to enter or cross a highway from any 
place other than another roadway shall yield the right of way to 
all traffic approaching on the roadway to be entered or crossed.
(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 
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2161 H. B. No. 82 Page 75
As Introduced
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.441. (A) The driver of a vehicle shall yield the 
right-of-way to any pedestrian on a sidewalk.
(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.
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2190 H. B. No. 82 Page 76
As Introduced
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.451. (A) As used in this section, "funeral 
procession" means two or more vehicles accompanying the cremated 
remains or the body of a deceased person in the daytime when 
each of the vehicles has its headlights lighted and is 
displaying a purple and white or an orange and white pennant 
attached to each vehicle in such a manner as to be clearly 
visible to traffic approaching from any direction.
(B) Excepting public safety vehicles proceeding in 
accordance with section 4511.45 of the Revised Code or when 
directed otherwise by a police officer, pedestrians and the 
operators of all vehicles, street cars, and trackless trolleys 
shall yield the right of way to each vehicle that is a part of a 
funeral procession. Whenever the lead vehicle in a funeral 
procession lawfully enters an intersection, the remainder of the 
vehicles in the procession may continue to follow the lead 
vehicle through the intersection notwithstanding any traffic 
control devices or right of way provisions of the Revised Code, 
provided that the operator of each vehicle exercises due care to 
avoid colliding with any other vehicle or pedestrian.
(C) No person shall operate any vehicle as a part of a 
funeral procession without having the headlights of the vehicle 
lighted and without displaying a purple and white or an orange 
and white pennant in such a manner as to be clearly visible to 
traffic approaching from any direction.
(D) Except as otherwise provided in this division, whoever 
violates this section is guilty of a minor misdemeanor. If, 
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2220 H. B. No. 82 Page 77
As Introduced
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.46. (A) When 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 
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2250 H. B. No. 82 Page 78
As Introduced
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 
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
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2279 H. B. No. 82 Page 79
As Introduced
Sec. 4511.47. (A) As used in this section "blind person" 
or "blind pedestrian" means a person having not more than 20/200 
visual acuity in the better eye with correcting lenses or visual 
acuity greater than 20/200 but with a limitation in the fields 
of vision such that the widest diameter of the visual field 
subtends an angle no greater than twenty degrees.
The driver of every vehicle shall yield the right of way 
to every blind pedestrian guided by a guide dog, or carrying a 
cane which is predominantly white or metallic in color, with or 
without a red tip.
(B) No person, other than a blind person, while on any 
public highway, street, alley, or other public thoroughfare 
shall carry a white or metallic cane with or without a red tip.
(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.
If the offender commits the offense while operating a 
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2308 H. B. No. 82 Page 80
As Introduced
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.54. (A) No person riding upon any bicycle, 
electric bicycle, coaster, roller skates, sled, skateboard, or 
toy vehicle shall attach the same or self to any streetcar, 
trackless trolley, or vehicle upon a roadway.
No operator shall knowingly permit any person riding upon 
any bicycle, electric bicycle, coaster, roller skates, sled, 
skateboard, or toy vehicle to attach the same or self to any 
streetcar, trackless trolley, or vehicle while it is moving upon 
a roadway.
This section does not apply to the towing of a disabled 
vehicle.
(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.
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2337 H. B. No. 82 Page 81
As Introduced
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.57. (A) The driver of a vehicle shall not 
overtake and pass upon the left nor drive upon the left side of 
any streetcar proceeding in the same direction, whether such 
streetcar is in motion or at rest, except:
(1) When so directed by a police officer or traffic 
control device;
(2) When upon a one-way street;
(3) When upon a street where the tracks are so located as 
to prevent compliance with this section;
(4) When authorized by local authorities.
(B) The driver of any vehicle when permitted to overtake 
and pass upon the left of a streetcar which has stopped for the 
purpose of receiving or discharging any passenger shall accord 
pedestrians the right of way.
(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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2365 H. B. No. 82 Page 82
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.58. (A) The driver of a vehicle overtaking upon 
the right any streetcar stopped for the purpose of receiving or 
discharging any passenger shall stop such vehicle at least five 
feet to the rear of the nearest running board or door of such 
streetcar and remain standing until all passengers have boarded 
such streetcar, or upon alighting therefrom have reached a place 
of safety, except that where a safety zone has been established, 
a vehicle need not be brought to a stop before passing any such 
streetcar or any trackless trolley, but may proceed past such 
streetcar or trackless trolley at a speed not greater than is 
reasonable and proper considering the safety of pedestrians.
(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.
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2395 H. B. No. 82 Page 83
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.59. (A) The driver of any vehicle proceeding 
upon any streetcar tracks in front of a streetcar shall remove 
such vehicle from the track as soon as practicable after signal 
from the operator of said streetcar.
The driver of a vehicle upon overtaking and passing a 
streetcar shall not turn in front of such streetcar unless such 
movement can be made in safety.
(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 
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2424 H. B. No. 82 Page 84
As Introduced
additional fine established under section 4511.991 of the 
Revised Code.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.60. (A) No vehicle shall at any time be driven 
through or within a safety zone.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.61. (A) As used in this section, "active grade 
crossing warning device" means signs, signals, gates, or other 
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2453 H. B. No. 82 Page 85
As Introduced
protective devices erected or installed at a public highway-
railway crossing at common grade and activated by an electrical 
circuit.
(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 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 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.
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2482 H. B. No. 82 Page 86
As Introduced
(E) Except as otherwise provided in this division, whoever 
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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that 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 and for 
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2512 H. B. No. 82 Page 87
As Introduced
signals indicating the approach of a train, 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 
otherwise of the immediate approach of a railroad train or car.
(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 
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2542 H. B. No. 82 Page 88
As Introduced
commission of the offense, the offender is subject to the 
additional fine established under section 4511.991 of the 
Revised Code.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.71. (A) No person shall drive upon, along, or 
across a street or highway, or any part of a street or highway 
that has been closed in the process of its construction, 
reconstruction, or repair, and posted with appropriate signs by 
the authority having jurisdiction to close such highway.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
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2571 H. B. No. 82 Page 89
As Introduced
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.711. (A) No person shall drive any vehicle, 
other than a bicycle or an electric bicycle if the motor is not 
engaged, upon a sidewalk or sidewalk area except upon a 
permanent or duly authorized temporary driveway.
This prohibition does not apply to a law enforcement 
officer, or other person sworn to enforce the criminal and 
traffic laws of the state, using an electric bicycle with the 
motor engaged while in the performance of the officer's duties.
Nothing in this section shall be construed as prohibiting 
local authorities from regulating the operation of bicycles or 
electric bicycles within their respective jurisdictions, except 
that no local authority may require that bicycles or electric 
bicycles be operated on sidewalks.
(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 
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2600 H. B. No. 82 Page 90
As Introduced
Revised Code.
If the offender commits the offense while operating a 
motor vehicle in a construction zone, the offender is subject to 
the additional penalties established under section 4511.993 of 
the Revised Code.
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 traffic control signal indication to 
proceed.
(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.
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2629 H. B. No. 82 Page 91
As Introduced
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.72. (A) The driver of any vehicle, other than an 
emergency vehicle or public safety vehicle on official business, 
shall not follow any emergency vehicle or public safety vehicle 
traveling in response to an alarm closer than five hundred feet, 
or drive into or park such vehicle within the block where fire 
apparatus has stopped in answer to a fire alarm, unless directed 
to do so by a police officer or a firefighter.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
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2659 H. B. No. 82 Page 92
As Introduced
Sec. 4511.73. (A) No streetcar, trackless trolley, or 
vehicle shall, without the consent of the fire department 
official in command, be driven over any unprotected hose of a 
fire department that is laid down on any street, private 
driveway, or streetcar track to be used at any fire or alarm of 
fire.
(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.
If the offender commits the offense while operating a 
motor vehicle in a construction zone and division (C) of section 
4511.993 of the Revised Code applies, the offender is subject to 
the additional penalties established under that section.
Sec. 4511.991. (A) As used in this section and each 
section referenced in division (B) of this section, all of the 
following apply: 
(1) "Distracted" means doing either of the following while 
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2688 H. B. No. 82 Page 93
As Introduced
operating a vehicle: 
(a) Using an electronic wireless communications device, as 
defined in section 4511.204 of the Revised Code, in violation of 
that section; 
(b) Engaging in any activity that is not necessary to the 
operation of a vehicle and impairs, or reasonably would be 
expected to impair, the ability of the operator to drive the 
vehicle safely. 
(2) "Distracted" does not include operating a motor 
vehicle while wearing an earphone or earplug over or in both 
ears at the same time. A person who so wears earphones or 
earplugs may be charged with a violation of section 4511.84 of 
the Revised Code. 
(3) "Distracted" does not include conducting any activity 
while operating a utility service vehicle or a vehicle for or on 
behalf of a utility, provided that the driver of the vehicle is 
acting in response to an emergency, power outage, or a 
circumstance affecting the health or safety of individuals. 
As used in division (A)(3) of this section: 
(a) "Utility" means an entity specified in division (A), 
(C), (D), (E), or (G) of section 4905.03 of the Revised Code. 
(b) "Utility service vehicle" means a vehicle owned or 
operated by a utility. 
(B) If an offender violates section 4511.03, 4511.051, 
4511.12, 4511.121, 4511.132, 4511.17, 4511.202, 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, 
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2716 H. B. No. 82 Page 94
As Introduced
4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 
4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 
4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 
4511.713, 4511.72, or 4511.73 of the Revised Code while 
distracted and the distracting activity is a contributing factor 
to the commission of the violation, the offender is subject to 
the applicable penalty for the violation and, notwithstanding 
section 2929.28 of the Revised Code, is subject to an additional 
fine of not more than one hundred dollars as follows: 
(1) Subject to Traffic Rule 13, if a law enforcement 
officer issues an offender a ticket, citation, or summons for a 
violation of any of the aforementioned sections of the Revised 
Code that indicates that the offender was distracted while 
committing the violation and that the distracting activity was a 
contributing factor to the commission of the violation, the 
offender may enter a written plea of guilty and waive the 
offender's right to contest the ticket, citation, or summons in 
a trial provided that the offender pays the total amount of the 
fine established for the violation and pays the additional fine 
of one hundred dollars. 
In lieu of payment of the additional fine of one hundred 
dollars, the offender instead may elect to attend a distracted 
driving safety course, the duration and contents of which shall 
be established by the director of public safety. 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 be required to pay the 
total amount of the fine established for the violation, but 
shall not be required to pay the additional fine of one hundred 
dollars, so long as the offender submits to the court both the 
offender's payment in full and such written evidence within 
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2747 H. B. No. 82 Page 95
As Introduced
ninety days of the underlying violation that resulted in the 
imposition of the additional fine under division (B) of this 
section. 
(2) If the offender appears in person to contest the 
ticket, citation, or summons in a trial and the offender pleads 
guilty to or is convicted of the violation, the court, in 
addition to all other penalties provided by law, may impose the 
applicable penalty for the violation and may impose the 
additional fine of not more than one hundred dollars. 
If the court imposes upon the offender the applicable 
penalty for the violation and an additional fine of not more 
than one hundred dollars, the court shall inform the offender 
that, in lieu of payment of the additional fine of not more than 
one hundred dollars, the offender instead may elect to attend 
the distracted driving safety course described in division (B)
(1) of this section. If the offender elects the course option 
and attends and successfully completes the course, the offender 
shall be issued written evidence that the offender successfully 
completed the course. The offender shall be required to pay the 
total amount of the fine established for the violation, but 
shall not be required to pay the additional fine of not more 
than one hundred dollars, so long as the offender submits to the 
court the offender's payment and such written evidence within 
ninety days of the underlying violation that resulted in the 
imposition of the additional fine under division (B) of this 
section. 
(C) If a law enforcement officer issues an offender a 
ticket, citation, or summons for a violation of any of the 
sections of the Revised Code listed in division (B) of this 
section that indicates that the offender was distracted while 
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2777 H. B. No. 82 Page 96
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committing the violation and that the distracting activity was a 
contributing factor to the commission of the violation, the 
officer shall do both of the following: 
(1) Report the issuance of the ticket, citation, or 
summons to the officer's law enforcement agency; 
(2) Ensure that such report indicates the offender's race.
Sec. 4511.993.  	(A) As used in this section, "construction  
zone" means that lane or portion of street or highway open to 
vehicular traffic and adjacent to a lane, berm, or shoulder of a 
street or highway within which lane, berm, or shoulder 
construction, reconstruction, resurfacing, or any other work of 
a repair or maintenance nature, including public utility work, 
is being conducted, commencing with the point where the first 
sign indicating work is occurring and ending where the last sign 
specifying the end of the construction zone is located.
(B) Subject to division (C) of this section, if an 
operator of a motor vehicle violates section 4511.03, 4511.12, 
4511.132, 4511.202, 4511.204, 4511.205, 4511.21, 4511.211, 
4511.213, 4511.22, 4511.23, 4511.25, 4511.251, 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, 4511.41, 4511.42, 
4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 
4511.47, 4511.54, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 
4511.64, 4511.71, 4511.711, 4511.712, 4511.72, or 4511.73 of the 
Revised Code while driving in a construction zone, the operator 
is subject to the applicable penalty for the violation and, 
notwithstanding section 2929.28 of the Revised Code, the 
following:
(1) Except as provided in division (B)(2) or (3) of this 
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2806 H. B. No. 82 Page 97
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section, a mandatory completion of a driving safety course 
approved by the director of public safety to be completed by the 
operator within thirty days after the conviction for the 
underlying offense;
(2) Except as provided in division (B)(3) of this section, 
if, within five years of the violation, the operator has 
previously been penalized under this section, a driver's license 
suspension of ninety days, which shall be in addition to any 
driver's license suspension imposed for the underlying offense, 
and mandatory completion of a driving safety course approved by 
the director of public safety to be completed by the operator 
within thirty days after the conviction for the underlying 
offense;
(3) If, within five years of the violation, an offender 
has previously been penalized two or more times under this 
section, a driver's license suspension of one year, which shall 
be in addition to any driver's license suspension imposed for 
the underlying offense, and mandatory completion of a driving 
safety course approved by the director of public safety to be 
completed by the operator within thirty days after the 
conviction for the underlying offense.
(C) Notwithstanding any other provision of law to the 
contrary, the court shall only impose additional penalties as 
specified under division (B) of this section when all of the 
following apply:
(1) The offense occurs within a construction zone in which 
a sign is posted in accordance with the rules adopted by the 
director of transportation under section 5501.27 of the Revised 
Code.
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2835 H. B. No. 82 Page 98
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(2) The underlying violation occurs when a construction 
worker is present in the construction zone.
(D) If an offender does not complete the mandatory driving 
safety course required under division (B) of this section within 
the applicable thirty days, the court shall impose an additional 
fine of four hundred dollars on the offender, which shall be in 
addition to any fine imposed for the underlying offense.
(E) The director of public safety shall approve driving 
safety courses for purposes of this section and shall list 
approved courses on the web site of the department of public 
safety.
(F)(1) If a law enforcement agency receives a report from 
any person, including a law enforcement officer, that a 
violation of one of the traffic offenses listed in division (B) 
of this section has occurred in a construction zone, that agency 
may conduct an investigation to attempt to determine or confirm 
the following:
(a) The license plate number, the color, and the make and 
model of the vehicle used in the alleged violation;
(b) The date, approximate time, and location of the 
alleged violation;
(c) The identity of the operator of the vehicle at the 
time of the alleged violation.
(2) A law enforcement agency may request and use any 
sufficiently clear image, images, or video captured by a video 
camera installed pursuant to section 5517.07 of the Revised Code 
to determine or confirm the information specified in division 
(F)(1) of this section.
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2863 H. B. No. 82 Page 99
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(3) Any images or video obtained by a law enforcement 
agency pursuant to an investigation in accordance with division 
(F) of this section is prima facie evidence of the facts 
contained therein and is admissible in a criminal or traffic 
prosecution.
Sec. 5517.07. (A)(A)(1) If not already present, the 
department of transportation shall install signs and other 
traffic control devices designed to slow down the flow of 
traffic in construction and similar work zones. The signs and 
devices may include arrow boards, channelizing devices, 
temporary raise pavement markers, portable changeable message 
signs, temporary traffic barriers, screens, rumble strips, and 
any other signs or devices the director of transportation 
determines are appropriate for the highway and local conditions.
(2) A private contractor performing construction work in a 
construction zone, after consulting with the department or local 
jurisdiction, as applicable, may install speed monitoring 
devices in the construction zone that display the speed of 
passing traffic and that include flashing lights.
(B) The department may install video cameras in a 
construction zone to monitor and record the flow of traffic. The 
following parameters apply to any video camera installed in a 
construction zone:
(1) The department shall allow a law enforcement agency 
investigating a possible traffic violation in a construction 
zone in accordance with division (F) of section 4511.993 of the 
Revised Code to obtain a copy of any video or image captured by 
the video camera at the time of the alleged violation.
(2) The department may cooperate with a local 
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2892 H. B. No. 82 Page 100
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jurisdiction, at the request of that local jurisdiction, to 
assist in installing video cameras in a construction zone in 
that local jurisdiction.
(C) The department shall ensure that the placement and 
specifications for the signs and devices under this section 
conform to the department's manual of uniform traffic control 
devices as adopted under section 4511.09 of the Revised Code.
Section 2. That existing sections 4508.02, 4511.03, 
4511.12, 4511.132, 4511.17 , 4511.20, 4511.202, 4511.204, 
4511.205, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 
4511.25, 4511.251, 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, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 
4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.57, 4511.58, 
4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 
4511.72, 4511.73, 4511.991, and 5517.07 of the Revised Code are 
hereby repealed.
Section 3. 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 4511.132 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.
Section 4511.213 of the Revised Code as amended by both 
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2921 H. B. No. 82 Page 101
As Introduced
H.B. 95 and S.B. 127 of the 132nd General Assembly.
Section 4511.27 of the Revised Code as amended by both 
H.B. 95 and H.B. 250 of the 132nd General Assembly.
Section 4511.39 of the Revised Code as amended by both 
H.B. 95 and H.B. 250 of the 132nd General Assembly.
Section 4511.61 of the Revised Code as amended by both 
H.B. 26 and H.B. 95 of the 132nd General Assembly.
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