As Introduced
136th General Assembly
Regular Session S. B. No. 16
2025-2026
Senator Wilson
Cosponsors: Senators Brenner, Cirino, Craig, Wilkin, Smith
A B I LL
To amend section 4511.213 of the Revised Code to
prohibit failing to change lanes or proceed with
caution around a stationary vehicle in distress.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.213 of the Revised Code be
amended to read as follows:
Sec. 4511.213. (A) The driver of a motor vehicle, upon
approaching a stationary vehicle in distress or 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
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As Introduced
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 vehicle in distress, 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 vehicle
in distress, 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 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
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As Introduced
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.
(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.
(F) As used in this section, "vehicle in distress"
includes all of the following:
(1) Any disabled vehicle indicating its disability as
required under section 4513.28 of the Revised Code;
(2) Any vehicle that is not subject to section 4513.28 of
the Revised Code near which a fusee, flare, or other emergency
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As Introduced
sign is displayed;
(3) Any vehicle that is displaying flashing emergency
lights or hazard lights.
Section 2. That existing section 4511.213 of the Revised
Code is hereby repealed.
Section 3. Section 4511.213 of the Revised Code is
presented in this act as a composite of the section as amended
by both H.B. 95 and S.B. 127 of the 132nd General Assembly. 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 composite is the resulting version of the section
in effect prior to the effective date of the section as
presented in this act.
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