As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Am. S. B. No. 137

Senator Patton 

Cosponsors: Senators Gardner, Balderson, Manning, Beagle, Brown, Eklund, Hughes, Kearney, LaRose, Oelslager, Schiavoni, Smith, Tavares, Turner, Widener 

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A BILL

To amend sections 4511.01, 4511.04, 4511.213, and

1

4513.17 to require motor vehicle operators to take

2

certain actions upon approaching a highway

3

maintenance vehicle, or a stationary vehicle used

4

by the Public Utilities Commission to conduct

5

motor vehicle inspections, to repeal the version

6

of section 4511.01 of the Revised Code that is

7

scheduled to take effect on January 1, 2017, and

8

to declare an emergency.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 4511.01, 4511.04, 4511.213, and	10
4513.17 of the Revised Code be amended to read as follows:	11

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	12
of the Revised Code:	13

(A) "Vehicle" means every device, including a motorized	14
bicycle, in, upon, or by which any person or property may be	15
transported or drawn upon a highway, except that "vehicle" does	16
not include any motorized wheelchair, any electric personal	17
assistive mobility device, any device that is moved by power	18
collected from overhead electric trolley wires or that is used	19
exclusively upon stationary rails or tracks, or any device, other	20
than a bicycle, that is moved by human power.	21

(B) "Motor vehicle" means every vehicle propelled or drawn by	22
power other than muscular power or power collected from overhead	23
electric trolley wires, except motorized bicycles, road rollers,	24
traction engines, power shovels, power cranes, and other equipment	25
used in construction work and not designed for or employed in	26
general highway transportation, hole-digging machinery,	27
well-drilling machinery, ditch-digging machinery, farm machinery,	28
and trailers designed and used exclusively to transport a boat	29
between a place of storage and a marina, or in and around a	30
marina, when drawn or towed on a street or highway for a distance	31
of no more than ten miles and at a speed of twenty-five miles per	32
hour or less.	33

(C)(1) Until January 1, 2017, "Motorcyclemotorcycle" means	34
every motor vehicle, other than a tractor, having a seat or saddle	35
for the use of the operator and designed to travel on not more	36
than three wheels in contact with the ground, including, but not	37
limited to, motor vehicles known as "motor-driven cycle," "motor	38
scooter," or "motorcycle" without regard to weight or brake	39
horsepower.	40

(2) Effective January 1, 2017, "motorcycle" means every motor	41
vehicle, other than a tractor, having a seat or saddle for the use	42
of the operator and designed to travel on not more than three	43
wheels in contact with the ground, including, but not limited to,	44
motor vehicles known as "motor-driven cycle," "motor scooter,"	45
"cab-enclosed motorcycle," or "motorcycle" without regard to	46
weight or brake horsepower.	47

(D) "Emergency vehicle" means emergency vehicles of	48
municipal, township, or county departments or public utility	49
corporations when identified as such as required by law, the	50
director of public safety, or local authorities, and motor	51
vehicles when commandeered by a police officer.	52

(E) "Public safety vehicle" means any of the following:

53

(1) Ambulances, including private ambulance companies under	54
contract to a municipal corporation, township, or county, and	55
private ambulances and nontransport vehicles bearing license	56
plates issued under section 4503.49 of the Revised Code;	57

(2) Motor vehicles used by public law enforcement officers or	58
other persons sworn to enforce the criminal and traffic laws of	59
the state;	60

(3) Any motor vehicle when properly identified as required by	61
the director of public safety, when used in response to fire	62
emergency calls or to provide emergency medical service to ill or	63
injured persons, and when operated by a duly qualified person who	64
is a member of a volunteer rescue service or a volunteer fire	65
department, and who is on duty pursuant to the rules or directives	66
of that service. The state fire marshal shall be designated by the	67
director of public safety as the certifying agency for all public	68
safety vehicles described in division (E)(3) of this section.	69

(4) Vehicles used by fire departments, including motor	70
vehicles when used by volunteer fire fighters responding to	71
emergency calls in the fire department service when identified as	72
required by the director of public safety.	73

Any vehicle used to transport or provide emergency medical	74
service to an ill or injured person, when certified as a public	75
safety vehicle, shall be considered a public safety vehicle when	76
transporting an ill or injured person to a hospital regardless of	77
whether such vehicle has already passed a hospital.	78

(5) Vehicles used by the motor carrier enforcement unit for	79
the enforcement of orders and rules of the public utilities	80
commission as specified in section 5503.34 of the Revised Code.	81

(F) "School bus" means every bus designed for carrying more	82
than nine passengers that is owned by a public, private, or	83
governmental agency or institution of learning and operated for	84
the transportation of children to or from a school session or a	85
school function, or owned by a private person and operated for	86
compensation for the transportation of children to or from a	87
school session or a school function, provided "school bus" does	88
not include a bus operated by a municipally owned transportation	89
system, a mass transit company operating exclusively within the	90
territorial limits of a municipal corporation, or within such	91
limits and the territorial limits of municipal corporations	92
immediately contiguous to such municipal corporation, nor a common	93
passenger carrier certified by the public utilities commission	94
unless such bus is devoted exclusively to the transportation of	95
children to and from a school session or a school function, and	96
"school bus" does not include a van or bus used by a licensed	97
child day-care center or type A family day-care home to transport	98
children from the child day-care center or type A family day-care	99
home to a school if the van or bus does not have more than fifteen	100
children in the van or bus at any time.	101

(G) "Bicycle" means every device, other than a device that is	102
designed solely for use as a play vehicle by a child, that is	103
propelled solely by human power upon which a person may ride, and	104
that has two or more wheels, any of which is more than fourteen	105
inches in diameter.	106

(H)(1) Until January 1, 2017, "Motorizedmotorized bicycle"	107
means any vehicle having either two tandem wheels or one wheel in	108
the front and two wheels in the rear, that is capable of being	109
pedaled and is equipped with a helper motor of not more than fifty	110
cubic centimeters piston displacement that produces no more than	111
one brake horsepower and is capable of propelling the vehicle at a	112
speed of no greater than twenty miles per hour on a level surface.	113

(2) Effective January 1, 2017, "motorized bicycle" or "moped"	114
means any vehicle having either two tandem wheels or one wheel in	115
the front and two wheels in the rear, that may be pedaled, and	116
that is equipped with a helper motor of not more than fifty cubic	117
centimeters piston displacement that produces not more than one	118
brake horsepower and is capable of propelling the vehicle at a	119
speed of not greater than twenty miles per hour on a level	120
surface.	121

(I) "Commercial tractor" means every motor vehicle having	122
motive power designed or used for drawing other vehicles and not	123
so constructed as to carry any load thereon, or designed or used	124
for drawing other vehicles while carrying a portion of such other	125
vehicles, or load thereon, or both.	126

(J) "Agricultural tractor" means every self-propelling	127
vehicle designed or used for drawing other vehicles or wheeled	128
machinery but having no provision for carrying loads independently	129
of such other vehicles, and used principally for agricultural	130
purposes.	131

(K) "Truck" means every motor vehicle, except trailers and	132
semitrailers, designed and used to carry property.	133

(L) "Bus" means every motor vehicle designed for carrying	134
more than nine passengers and used for the transportation of	135
persons other than in a ridesharing arrangement, and every motor	136
vehicle, automobile for hire, or funeral car, other than a taxicab	137
or motor vehicle used in a ridesharing arrangement, designed and	138
used for the transportation of persons for compensation.	139

(M) "Trailer" means every vehicle designed or used for	140
carrying persons or property wholly on its own structure and for	141
being drawn by a motor vehicle, including any such vehicle when	142
formed by or operated as a combination of a "semitrailer" and a	143
vehicle of the dolly type, such as that commonly known as a	144
"trailer dolly," a vehicle used to transport agricultural produce	145
or agricultural production materials between a local place of	146
storage or supply and the farm when drawn or towed on a street or	147
highway at a speed greater than twenty-five miles per hour, and a	148
vehicle designed and used exclusively to transport a boat between	149
a place of storage and a marina, or in and around a marina, when	150
drawn or towed on a street or highway for a distance of more than	151
ten miles or at a speed of more than twenty-five miles per hour.	152

(N) "Semitrailer" means every vehicle designed or used for	153
carrying persons or property with another and separate motor	154
vehicle so that in operation a part of its own weight or that of	155
its load, or both, rests upon and is carried by another vehicle.	156

(O) "Pole trailer" means every trailer or semitrailer	157
attached to the towing vehicle by means of a reach, pole, or by	158
being boomed or otherwise secured to the towing vehicle, and	159
ordinarily used for transporting long or irregular shaped loads	160
such as poles, pipes, or structural members capable, generally, of	161
sustaining themselves as beams between the supporting connections.	162

(P) "Railroad" means a carrier of persons or property	163
operating upon rails placed principally on a private right-of-way.	164

(Q) "Railroad train" means a steam engine or an electric or	165
other motor, with or without cars coupled thereto, operated by a	166
railroad.	167

(R) "Streetcar" means a car, other than a railroad train, for	168
transporting persons or property, operated upon rails principally	169
within a street or highway.	170

(S) "Trackless trolley" means every car that collects its	171
power from overhead electric trolley wires and that is not	172
operated upon rails or tracks.	173

(T) "Explosives" means any chemical compound or mechanical	174
mixture that is intended for the purpose of producing an explosion	175
that contains any oxidizing and combustible units or other	176
ingredients in such proportions, quantities, or packing that an	177
ignition by fire, by friction, by concussion, by percussion, or by	178
a detonator of any part of the compound or mixture may cause such	179
a sudden generation of highly heated gases that the resultant	180
gaseous pressures are capable of producing destructive effects on	181
contiguous objects, or of destroying life or limb. Manufactured	182
articles shall not be held to be explosives when the individual	183
units contain explosives in such limited quantities, of such	184
nature, or in such packing, that it is impossible to procure a	185
simultaneous or a destructive explosion of such units, to the	186
injury of life, limb, or property by fire, by friction, by	187
concussion, by percussion, or by a detonator, such as fixed	188
ammunition for small arms, firecrackers, or safety fuse matches.	189

(U) "Flammable liquid" means any liquid that has a flash	190
point of seventy degrees fahrenheit, or less, as determined by a	191
tagliabue or equivalent closed cup test device.	192

(V) "Gross weight" means the weight of a vehicle plus the	193
weight of any load thereon.	194

(W) "Person" means every natural person, firm,	195
co-partnership, association, or corporation.	196

(X) "Pedestrian" means any natural person afoot.

197

(Y) "Driver or operator" means every person who drives or is	198
in actual physical control of a vehicle, trackless trolley, or	199
streetcar.	200

(Z) "Police officer" means every officer authorized to direct	201
or regulate traffic, or to make arrests for violations of traffic	202
regulations.	203

(AA) "Local authorities" means every county, municipal, and	204
other local board or body having authority to adopt police	205
regulations under the constitution and laws of this state.	206

(BB) "Street" or "highway" means the entire width between the	207
boundary lines of every way open to the use of the public as a	208
thoroughfare for purposes of vehicular travel.	209

(CC) "Controlled-access highway" means every street or	210
highway in respect to which owners or occupants of abutting lands	211
and other persons have no legal right of access to or from the	212
same except at such points only and in such manner as may be	213
determined by the public authority having jurisdiction over such	214
street or highway.	215

(DD) "Private road or driveway" means every way or place in	216
private ownership used for vehicular travel by the owner and those	217
having express or implied permission from the owner but not by	218
other persons.	219

(EE) "Roadway" means that portion of a highway improved,	220
designed, or ordinarily used for vehicular travel, except the berm	221
or shoulder. If a highway includes two or more separate roadways	222
the term "roadway" means any such roadway separately but not all	223
such roadways collectively.	224

(FF) "Sidewalk" means that portion of a street between the	225
curb lines, or the lateral lines of a roadway, and the adjacent	226
property lines, intended for the use of pedestrians.	227

(GG) "Laned highway" means a highway the roadway of which is	228
divided into two or more clearly marked lanes for vehicular	229
traffic.	230

(HH) "Through highway" means every street or highway as	231
provided in section 4511.65 of the Revised Code.	232

(II) "State highway" means a highway under the jurisdiction	233
of the department of transportation, outside the limits of	234
municipal corporations, provided that the authority conferred upon	235
the director of transportation in section 5511.01 of the Revised	236
Code to erect state highway route markers and signs directing	237
traffic shall not be modified by sections 4511.01 to 4511.79 and	238
4511.99 of the Revised Code.	239

(JJ) "State route" means every highway that is designated	240
with an official state route number and so marked.	241

(KK) "Intersection" means:

242

(1) The area embraced within the prolongation or connection	243
of the lateral curb lines, or, if none, the lateral boundary lines	244
of the roadways of two highways that join one another at, or	245
approximately at, right angles, or the area within which vehicles	246
traveling upon different highways that join at any other angle	247
might come into conflict. The junction of an alley or driveway	248
with a roadway or highway does not constitute an intersection	249
unless the roadway or highway at the junction is controlled by a	250
traffic control device.	251

(2) If a highway includes two roadways that are thirty feet	252
or more apart, then every crossing of each roadway of such divided	253
highway by an intersecting highway constitutes a separate	254
intersection. If both intersecting highways include two roadways	255
thirty feet or more apart, then every crossing of any two roadways	256
of such highways constitutes a separate intersection.	257

(3) At a location controlled by a traffic control signal,	258
regardless of the distance between the separate intersections as	259
described in division (KK)(2) of this section:	260

(a) If a stop line, yield line, or crosswalk has not been	261
designated on the roadway within the median between the separate	262
intersections, the two intersections and the roadway and median	263
constitute one intersection.	264

(b) Where a stop line, yield line, or crosswalk line is	265
designated on the roadway on the intersection approach, the area	266
within the crosswalk and any area beyond the designated stop line	267
or yield line constitute part of the intersection.	268

(c) Where a crosswalk is designated on a roadway on the	269
departure from the intersection, the intersection includes the	270
area that extends to the far side of the crosswalk.	271

(LL) "Crosswalk" means:

272

(1) That part of a roadway at intersections ordinarily	273
included within the real or projected prolongation of property	274
lines and curb lines or, in the absence of curbs, the edges of the	275
traversable roadway;	276

(2) Any portion of a roadway at an intersection or elsewhere,	277
distinctly indicated for pedestrian crossing by lines or other	278
markings on the surface;	279

(3) Notwithstanding divisions (LL)(1) and (2) of this	280
section, there shall not be a crosswalk where local authorities	281
have placed signs indicating no crossing.	282

(MM) "Safety zone" means the area or space officially set	283
apart within a roadway for the exclusive use of pedestrians and	284
protected or marked or indicated by adequate signs as to be	285
plainly visible at all times.	286

(NN) "Business district" means the territory fronting upon a	287
street or highway, including the street or highway, between	288
successive intersections within municipal corporations where fifty	289
per cent or more of the frontage between such successive	290
intersections is occupied by buildings in use for business, or	291
within or outside municipal corporations where fifty per cent or	292
more of the frontage for a distance of three hundred feet or more	293
is occupied by buildings in use for business, and the character of	294
such territory is indicated by official traffic control devices.	295

(OO) "Residence district" means the territory, not comprising	296
a business district, fronting on a street or highway, including	297
the street or highway, where, for a distance of three hundred feet	298
or more, the frontage is improved with residences or residences	299
and buildings in use for business.	300

(PP) "Urban district" means the territory contiguous to and	301
including any street or highway which is built up with structures	302
devoted to business, industry, or dwelling houses situated at	303
intervals of less than one hundred feet for a distance of a	304
quarter of a mile or more, and the character of such territory is	305
indicated by official traffic control devices.	306

(QQ) "Traffic control device" means a flagger, sign, signal,	307
marking, or other device used to regulate, warn, or guide traffic,	308
placed on, over, or adjacent to a street, highway, private road	309
open to public travel, pedestrian facility, or shared-use path by	310
authority of a public agency or official having jurisdiction, or,	311
in the case of a private road open to public travel, by authority	312
of the private owner or private official having jurisdiction.	313

(RR) "Traffic control signal" means any highway traffic	314
signal by which traffic is alternately directed to stop and	315
permitted to proceed.	316

(SS) "Railroad sign or signal" means any sign, signal, or	317
device erected by authority of a public body or official or by a	318
railroad and intended to give notice of the presence of railroad	319
tracks or the approach of a railroad train.	320

(TT) "Traffic" means pedestrians, ridden or herded animals,	321
vehicles, streetcars, trackless trolleys, and other devices,	322
either singly or together, while using for purposes of travel any	323
highway or private road open to public travel.	324

(UU) "Right-of-way" means either of the following, as the	325
context requires:	326

(1) The right of a vehicle, streetcar, trackless trolley, or	327
pedestrian to proceed uninterruptedly in a lawful manner in the	328
direction in which it or the individual is moving in preference to	329
another vehicle, streetcar, trackless trolley, or pedestrian	330
approaching from a different direction into its or the	331
individual's path;	332

(2) A general term denoting land, property, or the interest	333
therein, usually in the configuration of a strip, acquired for or	334
devoted to transportation purposes. When used in this context,	335
right-of-way includes the roadway, shoulders or berm, ditch, and	336
slopes extending to the right-of-way limits under the control of	337
the state or local authority.	338

(VV) "Rural mail delivery vehicle" means every vehicle used	339
to deliver United States mail on a rural mail delivery route.	340

(WW) "Funeral escort vehicle" means any motor vehicle,	341
including a funeral hearse, while used to facilitate the movement	342
of a funeral procession.	343

(XX) "Alley" means a street or highway intended to provide	344
access to the rear or side of lots or buildings in urban districts	345
and not intended for the purpose of through vehicular traffic, and	346
includes any street or highway that has been declared an "alley"	347
by the legislative authority of the municipal corporation in which	348
such street or highway is located.	349

(YY) "Freeway" means a divided multi-lane highway for through	350
traffic with all crossroads separated in grade and with full	351
control of access.	352

(ZZ) "Expressway" means a divided arterial highway for	353
through traffic with full or partial control of access with an	354
excess of fifty per cent of all crossroads separated in grade.	355

(AAA) "Thruway" means a through highway whose entire roadway	356
is reserved for through traffic and on which roadway parking is	357
prohibited.	358

(BBB) "Stop intersection" means any intersection at one or	359
more entrances of which stop signs are erected.	360

(CCC) "Arterial street" means any United States or state	361
numbered route, controlled access highway, or other major radial	362
or circumferential street or highway designated by local	363
authorities within their respective jurisdictions as part of a	364
major arterial system of streets or highways.	365

(DDD) "Ridesharing arrangement" means the transportation of	366
persons in a motor vehicle where such transportation is incidental	367
to another purpose of a volunteer driver and includes ridesharing	368
arrangements known as carpools, vanpools, and buspools.	369

(EEE) "Motorized wheelchair" means any self-propelled vehicle	370
designed for, and used by, a handicapped person and that is	371
incapable of a speed in excess of eight miles per hour.	372

(FFF) "Child day-care center" and "type A family day-care	373
home" have the same meanings as in section 5104.01 of the Revised	374
Code.	375

(GGG) "Multi-wheel agricultural tractor" means a type of	376
agricultural tractor that has two or more wheels or tires on each	377
side of one axle at the rear of the tractor, is designed or used	378
for drawing other vehicles or wheeled machinery, has no provision	379
for carrying loads independently of the drawn vehicles or	380
machinery, and is used principally for agricultural purposes.	381

(HHH) "Operate" means to cause or have caused movement of a	382
vehicle, streetcar, or trackless trolley.	383

(III) "Predicate motor vehicle or traffic offense" means any	384
of the following:	385

(1) A violation of section 4511.03, 4511.051, 4511.12,	386
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	387
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	388
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	389
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	390
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	391
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	392
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	393
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	394
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	395
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	396

(2) A violation of division (A)(2) of section 4511.17,	397
divisions (A) to (D) of section 4511.51, or division (A) of	398
section 4511.74 of the Revised Code;	399

(3) A violation of any provision of sections 4511.01 to	400
4511.76 of the Revised Code for which no penalty otherwise is	401
provided in the section that contains the provision violated;	402

(4) AUntil January 1, 2017, a violation of a municipal	403
ordinance that is substantially similar to any section or	404
provision set forth or described in division (III)(1), (2), or (3)	405
of this section;	406

(5) Effective January 1, 2017, a violation of section	407
4511.214 of the Revised Code;	408

(6) Effective January 1, 2017, a violation of a municipal	409
ordinance that is substantially similar to any section or	410
provision set forth or described in division (III) (1), (2), (3),	411
or (5) of this section.	412

(JJJ) "Road service vehicle" means wreckers, utility repair	413
vehicles, and state, county, and municipal service vehicles	414
equipped with visual signals by means of flashing, rotating, or	415
oscillating lights.	416

(KKK) "Beacon" means a highway traffic signal with one or	417
more signal sections that operate in a flashing mode.	418

(LLL) "Hybrid beacon" means a type of beacon that is	419
intentionally placed in a dark mode between periods of operation	420
where no indications are displayed and, when in operation,	421
displays both steady and flashing traffic control signal	422
indications.	423

(MMM) "Highway traffic signal" means a power-operated traffic	424
control device by which traffic is warned or directed to take some	425
specific action. "Highway traffic signal" does not include a	426
power-operated sign, steadily illuminated pavement marker, warning	427
light, or steady burning electric lamp.	428

(NNN) "Median" means the area between two roadways of a	429
divided highway, measured from edge of traveled way to edge of	430
traveled way, but excluding turn lanes. The width of a median may	431
be different between intersections, between interchanges, and at	432
opposite approaches of the same intersection.	433

(OOO) "Private road open to public travel" means a private	434
toll road or road, including any adjacent sidewalks that generally	435
run parallel to the road, within a shopping center, airport,	436
sports arena, or other similar business or recreation facility	437
that is privately owned but where the public is allowed to travel	438
without access restrictions. "Private road open to public travel"	439
includes a gated toll road but does not include a road within a	440
private gated property where access is restricted at all times, a	441
parking area, a driving aisle within a parking area, or a private	442
grade crossing.	443

(PPP) "Shared-use path" means a bikeway outside the traveled	444
way and physically separated from motorized vehicular traffic by	445
an open space or barrier and either within the highway	446
right-of-way or within an independent alignment. A shared-use path	447
also may be used by pedestrians, including skaters, joggers, users	448
of manual and motorized wheelchairs, and other authorized	449
motorized and non-motorized users.	450

(QQQ) "Highway maintenance vehicle" means a vehicle used in	451
snow and ice removal or road surface maintenance, including a snow	452
plow, traffic line striper, road sweeper, mowing machine, asphalt	453
distributing vehicle, or other such vehicle designed for use in	454
specific highway maintenance activities.	455

Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to	456
4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code do	457
not apply to persons, teams, motor vehicles, and other equipment	458
while actually engaged in work upon the surface of a highway	459
within an area designated by traffic control devices, but apply to	460
such persons and vehicles when traveling to or from such work.	461

(B) The driver of a highway maintenance vehicle owned by this	462
state or any political subdivision of this state, while the driver	463
is engaged in the performance of official duties upon a street or	464
highway, provided the highway maintenance vehicle is equipped with	465
flashing lights and such other markings as are required by law and	466
such lights are in operation when the driver and vehicle are so	467
engaged, shall be exempt from criminal prosecution for violations	468
of sections 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,	469
4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to	470
5577.09 of the Revised Code.	471

(C)(1) This section does not exempt a driver of a highway	472
maintenance vehicle from civil liability arising from a violation	473
of section 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,	474
4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or sections 5577.01	475
to 5577.09 of the Revised Code.	476

(2) This section does not exempt the driver of a vehicle that	477
is engaged in the transport of highway maintenance equipment from	478
criminal liability for a violation of sections 5577.01 to 5577.09	479
of the Revised Code.	480

(D) As used in this section, "highway maintenance vehicle"	481
means a vehicle used in snow and ice removal or road surface	482
maintenance, including a snow plow, traffic line striper, road	483
sweeper, mowing machine, asphalt distributing vehicle, or other	484
such vehicle designed for use in specific highway maintenance	485
activities.	486

Sec. 4511.213.  (A) The driver of a motor vehicle, upon	487
approaching a stationary public safety vehicle, an emergency	488
vehicle, or a road service vehicle, vehicle used by the public	489
utilities commission to conduct motor vehicle inspections in	490
accordance with sections 4923.04 and 4923.06 of the Revised Code,	491
or a highway maintenance vehicle that is displaying the	492
appropriate visual signals by means of flashing, oscillating, or	493
rotating lights, as prescribed in section 4513.17 of the Revised	494
Code, shall do either of the following:	495

(1) If the driver of the motor vehicle is traveling on a	496
highway that consists of at least two lanes that carry traffic in	497
the same direction of travel as that of the driver's motor	498
vehicle, the driver shall proceed with due caution and, if	499
possible and with due regard to the road, weather, and traffic	500
conditions, shall change lanes into a lane that is not adjacent to	501
that of the stationary public safety vehicle, an emergency	502
vehicle, or a road service vehicle, vehicle used by the public	503
utilities commission to conduct motor vehicle inspections in	504
accordance with sections 4923.04 and 4923.06 of the Revised Code,	505
or a highway maintenance vehicle.	506

(2) If the driver is not traveling on a highway of a type	507
described in division (A)(1) of this section, or if the driver is	508
traveling on a highway of that type but it is not possible to	509
change lanes or if to do so would be unsafe, the driver shall	510
proceed with due caution, reduce the speed of the motor vehicle,	511
and maintain a safe speed for the road, weather, and traffic	512
conditions.	513

(B) This section does not relieve the driver of a public	514
safety vehicle, an emergency vehicle, or a road service vehicle,	515
vehicle used by the public utilities commission to conduct motor	516
vehicle inspections in accordance with sections 4923.04 and	517
4923.06 of the Revised Code, or a highway maintenance vehicle from	518
the duty to drive with due regard for the safety of all persons	519
and property upon the highway.	520

(C) No person shall fail to drive a motor vehicle in	521
compliance with division (A)(1) or (2) of this section when so	522
required by division (A) of this section.	523

(D)(1) Except as otherwise provided in this division, whoever	524
violates this section is guilty of a minor misdemeanor. If, within	525
one year of the offense, the offender previously has been	526
convicted of or pleaded guilty to one predicate motor vehicle or	527
traffic offense, whoever violates this section is guilty of a	528
misdemeanor of the fourth degree. If, within one year of the	529
offense, the offender previously has been convicted of two or more	530
predicate motor vehicle or traffic offenses, whoever violates this	531
section is guilty of a misdemeanor of the third degree.	532

(2) Notwithstanding section 2929.28 of the Revised Code, upon	533
a finding that a person operated a motor vehicle in violation of	534
division (C) of this section, the court, in addition to all other	535
penalties provided by law, shall impose a fine of two times the	536
usual amount imposed for the violation.	537

Sec. 4513.17.  (A) Whenever a motor vehicle equipped with	538
headlights also is equipped with any auxiliary lights or spotlight	539
or any other light on the front thereof projecting a beam of an	540
intensity greater than three hundred candle power, not more than a	541
total of five of any such lights on the front of a vehicle shall	542
be lighted at any one time when the vehicle is upon a highway.	543

(B) Any lighted light or illuminating device upon a motor	544
vehicle, other than headlights, spotlights, signal lights, or	545
auxiliary driving lights, that projects a beam of light of an	546
intensity greater than three hundred candle power, shall be so	547
directed that no part of the beam will strike the level of the	548
roadway on which the vehicle stands at a distance of more than	549
seventy-five feet from the vehicle.	550

(C)(1) Flashing lights are prohibited on motor vehicles,	551
except as a means for indicating a right or a left turn, or in the	552
presence of a vehicular traffic hazard requiring unusual care in	553
approaching, or overtaking or passing. This prohibition does not	554
apply to emergency vehicles, road service vehicles servicing or	555
towing a disabled vehicle, traffic line stripers, snow plows,	556
rural mail delivery vehicles, vehicles as provided in section	557
4513.182 of the Revised Code, department of transportationhighway	558
maintenance vehicles, funeral hearses, funeral escort vehicles,	559
and similar equipment operated by the department or local	560
authorities, which shall be equipped with and display, when used	561
on a street or highway for the special purpose necessitating such	562
lights, a flashing, oscillating, or rotating amber light, but	563
shall not display a flashing, oscillating, or rotating light of	564
any other color, nor to vehicles or machinery permitted by section	565
4513.11 of the Revised Code to have a flashing red light.	566

(2) When used on a street or highway, farm machinery and	567
vehicles escorting farm machinery may be equipped with and display	568
a flashing, oscillating, or rotating amber light, and the	569
prohibition contained in division (C)(1) of this section does not	570
apply to such machinery or vehicles. Farm machinery also may	571
display the lights described in section 4513.11 of the Revised	572
Code.	573

(D) Except a person operating a public safety vehicle, as	574
defined in division (E) of section 4511.01 of the Revised Code, or	575
a school bus, no person shall operate, move, or park upon, or	576
permit to stand within the right-of-way of any public street or	577
highway any vehicle or equipment that is equipped with and	578
displaying a flashing red or a flashing combination red and white	579
light, or an oscillating or rotating red light, or a combination	580
red and white oscillating or rotating light; and except a public	581
law enforcement officer, or other person sworn to enforce the	582
criminal and traffic laws of the state, operating a public safety	583
vehicle when on duty, no person shall operate, move, or park upon,	584
or permit to stand within the right-of-way of any street or	585
highway any vehicle or equipment that is equipped with, or upon	586
which is mounted, and displaying a flashing blue or a flashing	587
combination blue and white light, or an oscillating or rotating	588
blue light, or a combination blue and white oscillating or	589
rotating light.	590

(E) This section does not prohibit the use of warning lights	591
required by law or the simultaneous flashing of turn signals on	592
disabled vehicles or on vehicles being operated in unfavorable	593
atmospheric conditions in order to enhance their visibility. This	594
section also does not prohibit the simultaneous flashing of turn	595
signals or warning lights either on farm machinery or vehicles	596
escorting farm machinery, when used on a street or highway.	597

(F) Whoever violates this section is guilty of a minor	598
misdemeanor.	599

Section 2.  That existing sections 4511.01, 4511.04,	600
4511.213, and 4513.17 of the Revised Code are hereby repealed.	601

Section 3.  That the version of section 4511.01 of the	602
Revised Code that is scheduled to take effect on January 1, 2017,	603
is hereby repealed.	604

Section 4. This act is hereby declared to be an emergency	605
measure necessary for the immediate preservation of the public	606
peace, health, and safety. The reason for such necessity is that	607
highway workers urgently need the protection provided by this act	608
during the summer highway maintenance season, which poses great	609
risk to their safety. Therefore, this act shall go into immediate	610
effect.	611