S. B. No. 158 As Introduced

Senators Wilson, Padgett, Miller, Dann, Hagan, Prentiss, Zurz, Fedor

A BILL

To amend sections 4510.02, 4510.036, 4511.21, 1
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 2
4511.44, 4511.441, 4511.45, 4511.451, 4511.46, 3
4511.47, and 4513.39 and to enact section 4501.14 4
of the Revised Code to provide for increased 5
penalties when a person violates the motor vehicle 6
traffic law assured clear distance ahead provision 7
or commits a failure to yield the right-of-way 8
offense that results in serious physical harm or 9
death to another person. 10

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

       Section 1. That sections 4510.02, 4510.036, 4511.21, 11
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 12
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 be amended and 13
section 4501.14 of the Revised Code be enacted to read as follows: 14

       Sec. 4501.14. There is hereby created in the state treasury 15
the highway safety education fund, consisting of those portions of 16
fines collected pursuant to and specified in sections 4511.21, 17
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 18
4511.45, 4511.451, 4511.46, and 4511.47 of the Revised Code. The 19
department of public safety shall use the money in the fund only 20
to pay for educational activities that relate to highway safety. 21

       Sec. 4510.02. (A) When a court elects or is required to 22
suspend the driver's license, commercial driver's license, 23
temporary instruction permit, probationary license, or nonresident 24
operating privilege of any offender from a specified suspension 25
class, for each of the following suspension classes, the court 26
shall impose a definite period of suspension from the range 27
specified for the suspension class: 28

       (1) For a class one suspension, a definite period for the 29
life of the person subject to the suspension; 30

       (2) For a class two suspension, a definite period of three 31
years to life; 32

       (3) For a class three suspension, a definite period of two to 33
ten years; 34

       (4) For a class four suspension, a definite period of one to 35
five years; 36

       (5) For a class five suspension, a definite period of six 37
months to three years; 38

       (6) For a class six suspension, a definite period of three 39
months to two years; 40

       (7) For a class seven suspension, a definite period not to 41
exceed one year; 42

       (8) For a class eight suspension, a definite period not to 43
exceed six months. 44

       (B) When the bureau of motor vehicles elects or is required 45
to suspend the driver's license, commercial driver's license, 46
temporary instruction permit, probationary license, or nonresident 47
operating privilege of any person from a specified suspension 48
class, for each of the following suspension classes, the period of 49
suspension shall be as follows: 50

       (1) For a class A suspension, three years; 51

       (2) For a class B suspension, two years; 52

       (3) For a class C suspension, one year; 53

       (4) For a class D suspension, six months; 54

       (5) For a class E suspension, three months; 55

       (6) For a class F suspension, until conditions are met. 56

       (C) The court may require a person to successfully complete a 57
remedial driving course as a condition for the return of full 58
driving privileges after a suspension period imposed from any 59
range in division (A) of this section or otherwise imposed by the 60
court pursuant to any other provision of law ends. 61

       (D) When a court or the bureau suspends the driver's license, 62
commercial driver's license, temporary instruction permit, 63
probationary license, or nonresident operating privilege of any 64
offender or person pursuant to any provision of law that does not 65
provide for the suspension to be from a class set forth in 66
division (A) or (B) of this section, except as otherwise provided 67
in the provision that authorizes or requires the suspension, the 68
suspension shall be subject to and governed by this chapter. 69

       Sec. 4510.036. (A) The bureau of motor vehicles shall record 70
within ten days, after receipt, and shall keep at its main office, 71
all abstracts received under this section or section 4510.03, 72
4510.031, 4510.032, or 4510.034 of the Revised Code and shall 73
maintain records of convictions and bond forfeitures for any 74
violation of a state law or a municipal ordinance regulating the 75
operation of vehicles, streetcars, and trackless trolleys on 76
highways and streets, except a violation related to parking a 77
motor vehicle. 78

       (B) Every court of record or mayor's court before which a 79
person is charged with a violation for which points are chargeable 80
by this section shall assess and transcribe to the abstract of 81
conviction that is furnished by the bureau to the court the number 82
of points chargeable by this section in the correct space assigned 83
on the reporting form. A United States district court that has 84
jurisdiction within this state and before which a person is 85
charged with a violation for which points are chargeable by this 86
section may assess and transcribe to the abstract of conviction 87
report that is furnished by the bureau the number of points 88
chargeable by this section in the correct space assigned on the 89
reporting form. If the federal court so assesses and transcribes 90
the points chargeable for the offense and furnishes the report to 91
the bureau, the bureau shall record the points in the same manner 92
as those assessed and transcribed by a court of record or mayor's 93
court. 94

       (C) A court shall assess the following points for an offense 95
based on the following formula: 96

       (1) Aggravated vehicular homicide, vehicular homicide, 97
vehicular manslaughter, aggravated vehicular assault, or vehicular 98
assault when the offense involves the operation of a vehicle, 99
streetcar, or trackless trolley on a highway or street .......... 100
6 points 101

       (2) A violation of section 2921.331 of the Revised Code or 102
any ordinance prohibiting the willful fleeing or eluding of a law 103
enforcement officer .......... 6 points 104

       (3) A violation of section 4549.02 or 4549.021 of the Revised 105
Code or any ordinance requiring the driver of a vehicle to stop 106
and disclose identity at the scene of an accident .......... 6 107
points 108

       (4) A violation of section 4511.251 of the Revised Code or 109
any ordinance prohibiting street racing .......... 6 points 110

       (5) A violation of section 4510.11, 4510.14, 4510.16, or 111
4510.21 of the Revised Code or any ordinance prohibiting the 112
operation of a motor vehicle while the driver's or commercial 113
driver's license is under suspension .......... 6 points 114

       (6) A violation of division (A) of section 4511.19 of the 115
Revised Code, any ordinance prohibiting the operation of a vehicle 116
while under the influence of alcohol, a drug of abuse, or a 117
combination of them, or any ordinance substantially equivalent to 118
division (A) of section 4511.19 of the Revised Code prohibiting 119
the operation of a vehicle with a prohibited concentration of 120
alcohol in the whole blood, blood serum or plasma, breath, or 121
urine .......... 6 points 122

       (7) A violation of section 2913.03 of the Revised Code that 123
does not involve an aircraft or motorboat or any ordinance 124
prohibiting the operation of a vehicle without the consent of the 125
owner .......... 6 points 126

       (8) Any offense under the motor vehicle laws of this state 127
that is a felony, or any other felony in the commission of which a 128
motor vehicle was used .......... 6 points 129

       (9) A violation of division (B) of section 4511.19 of the 130
Revised Code or any ordinance substantially equivalent to that 131
division prohibiting the operation of a vehicle with a prohibited 132
concentration of alcohol in the whole blood, blood serum or 133
plasma, breath, or urine .......... 4 points 134

       (10) A violation of section 4511.20 of the Revised Code or 135
any ordinance prohibiting the operation of a motor vehicle in 136
willful or wanton disregard of the safety of persons or property 137
.......... 4 points 138

       (11) A violation of any law or ordinance pertaining to speed: 139

       (a) Notwithstanding divisions (C)(11)(b) and (c) of this 140
section, when the speed exceeds the lawful speed limit by thirty 141
miles per hour or more .......... 4 points 142

       (b) When the speed exceeds the lawful speed limit of 143
fifty-five miles per hour or more by more than ten miles per hour 144
.......... 2 points 145

       (c) When the speed exceeds the lawful speed limit of less 146
than fifty-five miles per hour by more than five miles per hour 147
.......... 2 points 148

       (d) When the speed does not exceed the amounts set forth in 149
divisions (C)(11)(a), (b), or (c) of this section .......... 0 150
points 151

       (12) Operating a motor vehicle in violation of a restriction 152
imposed by the registrar .......... 2 points 153

       (13) A violation of section 4511.21, 4511.33, 4511.41, 154
4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.45, 4511.451, 155
4511.46, or 4511.47 of the Revised Code in which the court 156
assesses at least two but not more than six points .......... 2 to 157
6 points, as assessed by the court; 158

        (14) All other moving violations reported under this section 159
.......... 2 points 160

       (D) Upon receiving notification from the proper court, 161
including a United States district court that has jurisdiction 162
within this state, the bureau shall delete any points entered for 163
a bond forfeiture if the driver is acquitted of the offense for 164
which bond was posted. 165

       (E) If a person is convicted of or forfeits bail for two or 166
more offenses arising out of the same facts and points are 167
chargeable for each of the offenses, points shall be charged for 168
only the conviction or bond forfeiture for which the greater 169
number of points is chargeable, and, if the number of points 170
chargeable for each offense is equal, only one offense shall be 171
recorded, and points shall be charged only for that offense. 172

       Sec. 4511.21. (A) No person shall operate a motor vehicle, 173
trackless trolley, or streetcar at a speed greater or less than is 174
reasonable or proper, having due regard to the traffic, surface, 175
and width of the street or highway and any other conditions, and 176
no person shall drive any motor vehicle, trackless trolley, or 177
streetcar in and upon any street or highway at a greater speed 178
than will permit the person to bring it to a stop within the 179
assured clear distance ahead. 180

       (B) It is prima-facie lawful, in the absence of a lower limit 181
declared pursuant to this section by the director of 182
transportation or local authorities, for the operator of a motor 183
vehicle, trackless trolley, or streetcar to operate the same at a 184
speed not exceeding the following: 185

       (1)(a) Twenty miles per hour in school zones during school 186
recess and while children are going to or leaving school during 187
the opening or closing hours, and when twenty miles per hour 188
school speed limit signs are erected; except that, on 189
controlled-access highways and expressways, if the right-of-way 190
line fence has been erected without pedestrian opening, the speed 191
shall be governed by division (B)(4) of this section and on 192
freeways, if the right-of-way line fence has been erected without 193
pedestrian opening, the speed shall be governed by divisions 194
(B)(8) and (9) of this section. The end of every school zone may 195
be marked by a sign indicating the end of the zone. Nothing in 196
this section or in the manual and specifications for a uniform 197
system of traffic control devices shall be construed to require 198
school zones to be indicated by signs equipped with flashing or 199
other lights, or giving other special notice of the hours in which 200
the school zone speed limit is in effect. 201

       (b) As used in this section and in section 4511.212 of the 202
Revised Code, "school" means any school chartered under section 203
3301.16 of the Revised Code and any nonchartered school that 204
during the preceding year filed with the department of education 205
in compliance with rule 3301-35-08 of the Ohio Administrative 206
Code, a copy of the school's report for the parents of the 207
school's pupils certifying that the school meets Ohio minimum 208
standards for nonchartered, nontax-supported schools and presents 209
evidence of this filing to the jurisdiction from which it is 210
requesting the establishment of a school zone. 211

       (c) As used in this section, "school zone" means that portion 212
of a street or highway passing a school fronting upon the street 213
or highway that is encompassed by projecting the school property 214
lines to the fronting street or highway, and also includes that 215
portion of a state highway. Upon request from local authorities 216
for streets and highways under their jurisdiction and that portion 217
of a state highway under the jurisdiction of the director of 218
transportation, the director may extend the traditional school 219
zone boundaries. The distances in divisions (B)(1)(c)(i), (ii), 220
and (iii) of this section shall not exceed three hundred feet per 221
approach per direction and are bounded by whichever of the 222
following distances or combinations thereof the director approves 223
as most appropriate: 224

       (i) The distance encompassed by projecting the school 225
building lines normal to the fronting highway and extending a 226
distance of three hundred feet on each approach direction; 227

       (ii) The distance encompassed by projecting the school 228
property lines intersecting the fronting highway and extending a 229
distance of three hundred feet on each approach direction; 230

       (iii) The distance encompassed by the special marking of the 231
pavement for a principal school pupil crosswalk plus a distance of 232
three hundred feet on each approach direction of the highway. 233

       Nothing in this section shall be construed to invalidate the 234
director's initial action on August 9, 1976, establishing all 235
school zones at the traditional school zone boundaries defined by 236
projecting school property lines, except when those boundaries are 237
extended as provided in divisions (B)(1)(a) and (c) of this 238
section. 239

       (d) As used in this division, "crosswalk" has the meaning 240
given that term in division (LL)(2) of section 4511.01 of the 241
Revised Code. 242

       The director may, upon request by resolution of the 243
legislative authority of a municipal corporation, the board of 244
trustees of a township, or a county board of mental retardation 245
and developmental disabilities created pursuant to Chapter 5126. 246
of the Revised Code, and upon submission by the municipal 247
corporation, township, or county board of such engineering, 248
traffic, and other information as the director considers 249
necessary, designate a school zone on any portion of a state route 250
lying within the municipal corporation, lying within the 251
unincorporated territory of the township, or lying adjacent to the 252
property of a school that is operated by such county board, that 253
includes a crosswalk customarily used by children going to or 254
leaving a school during recess and opening and closing hours, 255
whenever the distance, as measured in a straight line, from the 256
school property line nearest the crosswalk to the nearest point of 257
the crosswalk is no more than one thousand three hundred twenty 258
feet. Such a school zone shall include the distance encompassed by 259
the crosswalk and extending three hundred feet on each approach 260
direction of the state route. 261

       (2) Twenty-five miles per hour in all other portions of a 262
municipal corporation, except on state routes outside business 263
districts, through highways outside business districts, and 264
alleys; 265

       (3) Thirty-five miles per hour on all state routes or through 266
highways within municipal corporations outside business districts, 267
except as provided in divisions (B)(4) and (6) of this section; 268

       (4) Fifty miles per hour on controlled-access highways and 269
expressways within municipal corporations; 270

       (5) Fifty-five miles per hour on highways outside of 271
municipal corporations, other than freeways as provided in 272
division (B)(12) of this section; 273

       (6) Fifty miles per hour on state routes within municipal 274
corporations outside urban districts unless a lower prima-facie 275
speed is established as further provided in this section; 276

       (7) Fifteen miles per hour on all alleys within the municipal 277
corporation; 278

       (8) Fifty-five miles per hour at all times on freeways with 279
paved shoulders inside municipal corporations, other than freeways 280
as provided in division (B)(12) of this section; 281

       (9) Fifty-five miles per hour at all times on freeways 282
outside municipal corporations, other than freeways as provided in 283
division (B)(12) of this section; 284

       (10) Fifty-five miles per hour at all times on all portions 285
of freeways that are part of the interstate system and on all 286
portions of freeways that are not part of the interstate system, 287
but are built to the standards and specifications that are 288
applicable to freeways that are part of the interstate system for 289
operators of any motor vehicle weighing in excess of eight 290
thousand pounds empty weight and any noncommercial bus; 291

       (11) Fifty-five miles per hour for operators of any motor 292
vehicle weighing eight thousand pounds or less empty weight and 293
any commercial bus at all times on all portions of freeways that 294
are part of the interstate system and that had such a speed limit 295
established prior to October 1, 1995, and freeways that are not 296
part of the interstate system, but are built to the standards and 297
specifications that are applicable to freeways that are part of 298
the interstate system and that had such a speed limit established 299
prior to October 1, 1995, unless a higher speed limit is 300
established under division (L) of this section; 301

       (12) Sixty-five miles per hour for operators of any motor 302
vehicle weighing eight thousand pounds or less empty weight and 303
any commercial bus at all times on all portions of the following: 304

       (a) Freeways that are part of the interstate system and that 305
had such a speed limit established prior to October 1, 1995, and 306
freeways that are not part of the interstate system, but are built 307
to the standards and specifications that are applicable to 308
freeways that are part of the interstate system and that had such 309
a speed limit established prior to October 1, 1995; 310

       (b) Freeways that are part of the interstate system and 311
freeways that are not part of the interstate system but are built 312
to the standards and specifications that are applicable to 313
freeways that are part of the interstate system, and that had such 314
a speed limit established under division (L) of this section; 315

       (c) Rural, divided, multi-lane highways that are designated 316
as part of the national highway system under the "National Highway 317
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103, 318
and that had such a speed limit established under division (M) of 319
this section. 320

       (C) It is prima-facie unlawful for any person to exceed any 321
of the speed limitations in divisions (B)(1)(a), (2), (3), (4), 322
(6), and (7) of this section, or any declared pursuant to this 323
section by the director or local authorities and it is unlawful 324
for any person to exceed any of the speed limitations in division 325
(D) of this section. No person shall be convicted of more than one 326
violation of this section for the same conduct, although 327
violations of more than one provision of this section may be 328
charged in the alternative in a single affidavit. 329

       (D) No person shall operate a motor vehicle, trackless 330
trolley, or streetcar upon a street or highway as follows: 331

       (1) At a speed exceeding fifty-five miles per hour, except 332
upon a freeway as provided in division (B)(12) of this section; 333

       (2) At a speed exceeding sixty-five miles per hour upon a 334
freeway as provided in division (B)(12) of this section except as 335
otherwise provided in division (D)(3) of this section; 336

       (3) If a motor vehicle weighing in excess of eight thousand 337
pounds empty weight or a noncommercial bus as prescribed in 338
division (B)(10) of this section, at a speed exceeding fifty-five 339
miles per hour upon a freeway as provided in that division; 340

       (4) At a speed exceeding the posted speed limit upon a 341
freeway for which the director has determined and declared a speed 342
limit of not more than sixty-five miles per hour pursuant to 343
division (L)(2) or (M) of this section; 344

       (5) At a speed exceeding sixty-five miles per hour upon a 345
freeway for which such a speed limit has been established through 346
the operation of division (L)(3) of this section; 347

       (6) At a speed exceeding the posted speed limit upon a 348
freeway for which the director has determined and declared a speed 349
limit pursuant to division (I)(2) of this section. 350

       (E) In every charge of violation of this section the 351
affidavit and warrant shall specify the time, place, and speed at 352
which the defendant is alleged to have driven, and in charges made 353
in reliance upon division (C) of this section also the speed which 354
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit 355
declared pursuant to, this section declares is prima-facie lawful 356
at the time and place of such alleged violation, except that in 357
affidavits where a person is alleged to have driven at a greater 358
speed than will permit the person to bring the vehicle to a stop 359
within the assured clear distance ahead the affidavit and warrant 360
need not specify the speed at which the defendant is alleged to 361
have driven. 362

       (F) When a speed in excess of both a prima-facie limitation 363
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of 364
this section is alleged, the defendant shall be charged in a 365
single affidavit, alleging a single act, with a violation 366
indicated of both division (B)(1)(a), (2), (3), (4), (6), or (7) 367
of this section, or of a limit declared pursuant to this section 368
by the director or local authorities, and of the limitation in 369
division (D)(1), (2), (3), (4), (5), or (6) of this section. If 370
the court finds a violation of division (B)(1)(a), (2), (3), (4), 371
(6), or (7) of, or a limit declared pursuant to, this section has 372
occurred, it shall enter a judgment of conviction under such 373
division and dismiss the charge under division (D)(1), (2), (3), 374
(4), (5), or (6) of this section. If it finds no violation of 375
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit 376
declared pursuant to, this section, it shall then consider whether 377
the evidence supports a conviction under division (D)(1), (2), 378
(3), (4), (5), or (6) of this section. 379

       (G) Points shall be assessed for violation of a limitation 380
under division (D) of this section in accordance with section 381
4510.036 of the Revised Code. 382

       (H) Whenever the director determines upon the basis of a 383
geometric and traffic characteristic study that any speed limit 384
set forth in divisions (B)(1)(a) to (D) of this section is greater 385
or less than is reasonable or safe under the conditions found to 386
exist at any portion of a street or highway under the jurisdiction 387
of the director, the director shall determine and declare a 388
reasonable and safe prima-facie speed limit, which shall be 389
effective when appropriate signs giving notice of it are erected 390
at the location. 391

       (I)(1) Except as provided in divisions (I)(2) and (K) of this 392
section, whenever local authorities determine upon the basis of an 393
engineering and traffic investigation that the speed permitted by 394
divisions (B)(1)(a) to (D) of this section, on any part of a 395
highway under their jurisdiction, is greater than is reasonable 396
and safe under the conditions found to exist at such location, the 397
local authorities may by resolution request the director to 398
determine and declare a reasonable and safe prima-facie speed 399
limit. Upon receipt of such request the director may determine and 400
declare a reasonable and safe prima-facie speed limit at such 401
location, and if the director does so, then such declared speed 402
limit shall become effective only when appropriate signs giving 403
notice thereof are erected at such location by the local 404
authorities. The director may withdraw the declaration of a 405
prima-facie speed limit whenever in the director's opinion the 406
altered prima-facie speed becomes unreasonable. Upon such 407
withdrawal, the declared prima-facie speed shall become 408
ineffective and the signs relating thereto shall be immediately 409
removed by the local authorities. 410

       (2) A local authority may determine on the basis of a 411
geometric and traffic characteristic study that the speed limit of 412
sixty-five miles per hour on a portion of a freeway under its 413
jurisdiction that was established through the operation of 414
division (L)(3) of this section is greater than is reasonable or 415
safe under the conditions found to exist at that portion of the 416
freeway. If the local authority makes such a determination, the 417
local authority by resolution may request the director to 418
determine and declare a reasonable and safe speed limit of not 419
less than fifty-five miles per hour for that portion of the 420
freeway. If the director takes such action, the declared speed 421
limit becomes effective only when appropriate signs giving notice 422
of it are erected at such location by the local authority. 423

       (J) Local authorities in their respective jurisdictions may 424
authorize by ordinance higher prima-facie speeds than those stated 425
in this section upon through highways, or upon highways or 426
portions thereof where there are no intersections, or between 427
widely spaced intersections, provided signs are erected giving 428
notice of the authorized speed, but local authorities shall not 429
modify or alter the basic rule set forth in division (A) of this 430
section or in any event authorize by ordinance a speed in excess 431
of fifty miles per hour. 432

       Alteration of prima-facie limits on state routes by local 433
authorities shall not be effective until the alteration has been 434
approved by the director. The director may withdraw approval of 435
any altered prima-facie speed limits whenever in the director's 436
opinion any altered prima-facie speed becomes unreasonable, and 437
upon such withdrawal, the altered prima-facie speed shall become 438
ineffective and the signs relating thereto shall be immediately 439
removed by the local authorities. 440

       (K)(1) As used in divisions (K)(1), (2), (3), and (4) of this 441
section, "unimproved highway" means a highway consisting of any of 442
the following: 443

       (a) Unimproved earth; 444

       (b) Unimproved graded and drained earth; 445

       (c) Gravel. 446

       (2) Except as otherwise provided in divisions (K)(4) and (5) 447
of this section, whenever a board of township trustees determines 448
upon the basis of an engineering and traffic investigation that 449
the speed permitted by division (B)(5) of this section on any part 450
of an unimproved highway under its jurisdiction and in the 451
unincorporated territory of the township is greater than is 452
reasonable or safe under the conditions found to exist at the 453
location, the board may by resolution declare a reasonable and 454
safe prima-facie speed limit of fifty-five but not less than 455
twenty-five miles per hour. An altered speed limit adopted by a 456
board of township trustees under this division becomes effective 457
when appropriate traffic control devices, as prescribed in section 458
4511.11 of the Revised Code, giving notice thereof are erected at 459
the location, which shall be no sooner than sixty days after 460
adoption of the resolution. 461

       (3)(a) Whenever, in the opinion of a board of township 462
trustees, any altered prima-facie speed limit established by the 463
board under this division becomes unreasonable, the board may 464
adopt a resolution withdrawing the altered prima-facie speed 465
limit. Upon the adoption of such a resolution, the altered 466
prima-facie speed limit becomes ineffective and the traffic 467
control devices relating thereto shall be immediately removed. 468

       (b) Whenever a highway ceases to be an unimproved highway and 469
the board has adopted an altered prima-facie speed limit pursuant 470
to division (K)(2) of this section, the board shall, by 471
resolution, withdraw the altered prima-facie speed limit as soon 472
as the highway ceases to be unimproved. Upon the adoption of such 473
a resolution, the altered prima-facie speed limit becomes 474
ineffective and the traffic control devices relating thereto shall 475
be immediately removed. 476

       (4)(a) If the boundary of two townships rests on the 477
centerline of an unimproved highway in unincorporated territory 478
and both townships have jurisdiction over the highway, neither of 479
the boards of township trustees of such townships may declare an 480
altered prima-facie speed limit pursuant to division (K)(2) of 481
this section on the part of the highway under their joint 482
jurisdiction unless the boards of township trustees of both of the 483
townships determine, upon the basis of an engineering and traffic 484
investigation, that the speed permitted by division (B)(5) of this 485
section is greater than is reasonable or safe under the conditions 486
found to exist at the location and both boards agree upon a 487
reasonable and safe prima-facie speed limit of less than 488
fifty-five but not less than twenty-five miles per hour for that 489
location. If both boards so agree, each shall follow the procedure 490
specified in division (K)(2) of this section for altering the 491
prima-facie speed limit on the highway. Except as otherwise 492
provided in division (K)(4)(b) of this section, no speed limit 493
altered pursuant to division (K)(4)(a) of this section may be 494
withdrawn unless the boards of township trustees of both townships 495
determine that the altered prima-facie speed limit previously 496
adopted becomes unreasonable and each board adopts a resolution 497
withdrawing the altered prima-facie speed limit pursuant to the 498
procedure specified in division (K)(3)(a) of this section. 499

       (b) Whenever a highway described in division (K)(4)(a) of 500
this section ceases to be an unimproved highway and two boards of 501
township trustees have adopted an altered prima-facie speed limit 502
pursuant to division (K)(4)(a) of this section, both boards shall, 503
by resolution, withdraw the altered prima-facie speed limit as 504
soon as the highway ceases to be unimproved. Upon the adoption of 505
the resolution, the altered prima-facie speed limit becomes 506
ineffective and the traffic control devices relating thereto shall 507
be immediately removed. 508

       (5) As used in division (K)(5) of this section: 509

       (a) "Commercial subdivision" means any platted territory 510
outside the limits of a municipal corporation and fronting a 511
highway where, for a distance of three hundred feet or more, the 512
frontage is improved with buildings in use for commercial 513
purposes, or where the entire length of the highway is less than 514
three hundred feet long and the frontage is improved with 515
buildings in use for commercial purposes. 516

       (b) "Residential subdivision" means any platted territory 517
outside the limits of a municipal corporation and fronting a 518
highway, where, for a distance of three hundred feet or more, the 519
frontage is improved with residences or residences and buildings 520
in use for business, or where the entire length of the highway is 521
less than three hundred feet long and the frontage is improved 522
with residences or residences and buildings in use for business. 523

       Whenever a board of township trustees finds upon the basis of 524
an engineering and traffic investigation that the prima-facie 525
speed permitted by division (B)(5) of this section on any part of 526
a highway under its jurisdiction that is located in a commercial 527
or residential subdivision, except on highways or portions thereof 528
at the entrances to which vehicular traffic from the majority of 529
intersecting highways is required to yield the right-of-way to 530
vehicles on such highways in obedience to stop or yield signs or 531
traffic control signals, is greater than is reasonable and safe 532
under the conditions found to exist at the location, the board may 533
by resolution declare a reasonable and safe prima-facie speed 534
limit of less than fifty-five but not less than twenty-five miles 535
per hour at the location. An altered speed limit adopted by a 536
board of township trustees under this division shall become 537
effective when appropriate signs giving notice thereof are erected 538
at the location by the township. Whenever, in the opinion of a 539
board of township trustees, any altered prima-facie speed limit 540
established by it under this division becomes unreasonable, it may 541
adopt a resolution withdrawing the altered prima-facie speed, and 542
upon such withdrawal, the altered prima-facie speed shall become 543
ineffective, and the signs relating thereto shall be immediately 544
removed by the township. 545

       (L)(1) Within one hundred twenty days of February 29, 1996, 546
the director of transportation, based upon a geometric and traffic 547
characteristic study of a freeway that is part of the interstate 548
system or that is not part of the interstate system, but is built 549
to the standards and specifications that are applicable to 550
freeways that are part of the interstate system, in consultation 551
with the director of public safety and, if applicable, the local 552
authority having jurisdiction over a portion of such freeway, may 553
determine and declare that the speed limit of less than sixty-five 554
miles per hour established on such freeway or portion of freeway 555
either is reasonable and safe or is less than that which is 556
reasonable and safe. 557

       (2) If the established speed limit for such a freeway or 558
portion of freeway is determined to be less than that which is 559
reasonable and safe, the director of transportation, in 560
consultation with the director of public safety and, if 561
applicable, the local authority having jurisdiction over the 562
portion of freeway, shall determine and declare a reasonable and 563
safe speed limit of not more than sixty-five miles per hour for 564
that freeway or portion of freeway. 565

       The director of transportation or local authority having 566
jurisdiction over the freeway or portion of freeway shall erect 567
appropriate signs giving notice of the speed limit at such 568
location within one hundred fifty days of February 29, 1996. Such 569
speed limit becomes effective only when such signs are erected at 570
the location. 571

       (3) If, within one hundred twenty days of February 29, 1996, 572
the director of transportation does not make a determination and 573
declaration of a reasonable and safe speed limit for a freeway or 574
portion of freeway that is part of the interstate system or that 575
is not part of the interstate system, but is built to the 576
standards and specifications that are applicable to freeways that 577
are part of the interstate system and that has a speed limit of 578
less than sixty-five miles per hour, the speed limit on that 579
freeway or portion of a freeway shall be sixty-five miles per 580
hour. The director of transportation or local authority having 581
jurisdiction over the freeway or portion of the freeway shall 582
erect appropriate signs giving notice of the speed limit of 583
sixty-five miles per hour at such location within one hundred 584
fifty days of February 29, 1996. Such speed limit becomes 585
effective only when such signs are erected at the location. A 586
speed limit established through the operation of division (L)(3) 587
of this section is subject to reduction under division (I)(2) of 588
this section. 589

       (M) Within three hundred sixty days after February 29, 1996, 590
the director of transportation, based upon a geometric and traffic 591
characteristic study of a rural, divided, multi-lane highway that 592
has been designated as part of the national highway system under 593
the "National Highway System Designation Act of 1995," 109 Stat. 594
568, 23 U.S.C.A. 103, in consultation with the director of public 595
safety and, if applicable, the local authority having jurisdiction 596
over a portion of the highway, may determine and declare that the 597
speed limit of less than sixty-five miles per hour established on 598
the highway or portion of highway either is reasonable and safe or 599
is less than that which is reasonable and safe. 600

       If the established speed limit for the highway or portion of 601
highway is determined to be less than that which is reasonable and 602
safe, the director of transportation, in consultation with the 603
director of public safety and, if applicable, the local authority 604
having jurisdiction over the portion of highway, shall determine 605
and declare a reasonable and safe speed limit of not more than 606
sixty-five miles per hour for that highway or portion of highway. 607
The director of transportation or local authority having 608
jurisdiction over the highway or portion of highway shall erect 609
appropriate signs giving notice of the speed limit at such 610
location within three hundred ninety days after February 29, 1996. 611
The speed limit becomes effective only when such signs are erected 612
at the location. 613

       (N)(1)(a) If the boundary of two local authorities rests on 614
the centerline of a highway and both authorities have jurisdiction 615
over the highway, the speed limit for the part of the highway 616
within their joint jurisdiction shall be either one of the 617
following as agreed to by both authorities: 618

       (i) Either prima-facie speed limit permitted by division (B) 619
of this section; 620

       (ii) An altered speed limit determined and posted in 621
accordance with this section. 622

       (b) If the local authorities are unable to reach an 623
agreement, the speed limit shall remain as established and posted 624
under this section. 625

       (2) Neither local authority may declare an altered 626
prima-facie speed limit pursuant to this section on the part of 627
the highway under their joint jurisdiction unless both of the 628
local authorities determine, upon the basis of an engineering and 629
traffic investigation, that the speed permitted by this section is 630
greater than is reasonable or safe under the conditions found to 631
exist at the location and both authorities agree upon a uniform 632
reasonable and safe prima-facie speed limit of less than 633
fifty-five but not less than twenty-five miles per hour for that 634
location. If both authorities so agree, each shall follow the 635
procedure specified in this section for altering the prima-facie 636
speed limit on the highway, and the speed limit for the part of 637
the highway within their joint jurisdiction shall be uniformly 638
altered. No altered speed limit may be withdrawn unless both local 639
authorities determine that the altered prima-facie speed limit 640
previously adopted becomes unreasonable and each adopts a 641
resolution withdrawing the altered prima-facie speed limit 642
pursuant to the procedure specified in this section. 643

       (O) As used in this section: 644

       (1) "Interstate system" has the same meaning as in 23 645
U.S.C.A. 101. 646

       (2) "Commercial bus" means a motor vehicle designed for 647
carrying more than nine passengers and used for the transportation 648
of persons for compensation. 649

       (3) "Noncommercial bus" includes but is not limited to a 650
school bus or a motor vehicle operated solely for the 651
transportation of persons associated with a charitable or 652
nonprofit organization. 653

       (P)(1) A violation of any provision of this section is one of 654
the following: 655

       (a) Except as otherwise provided in divisions (P)(1)(b), 656
(1)(c), (2), ~~and~~ (3), and (4) of this section, a minor 657
misdemeanor; 658

       (b) If, within one year of the offense, the offender 659
previously has been convicted of or pleaded guilty to two 660
violations of any provision of this section or of any provision of 661
a municipal ordinance that is substantially similar to any 662
provision of this section, a misdemeanor of the fourth degree; 663

       (c) If, within one year of the offense, the offender 664
previously has been convicted of or pleaded guilty to three or 665
more violations of any provision of this section or of any 666
provision of a municipal ordinance that is substantially similar 667
to any provision of this section, a misdemeanor of the third 668
degree. 669

       (2) If the offender has not previously been convicted of or 670
pleaded guilty to a violation of any provision of this section or 671
of any provision of a municipal ordinance that is substantially 672
similar to this section and operated a motor vehicle faster than 673
thirty-five miles an hour in a business district of a municipal 674
corporation, faster than fifty miles an hour in other portions of 675
a municipal corporation, or faster than thirty-five miles an hour 676
in a school zone during recess or while children are going to or 677
leaving school during the school's opening or closing hours, a 678
misdemeanor of the fourth degree. 679

       (3) Notwithstanding division (P)(1) of this section, if the 680
offender operated a motor vehicle in a construction zone where a 681
sign was then posted in accordance with section 4511.98 of the 682
Revised Code, the court, in addition to all other penalties 683
provided by law, shall impose upon the offender a fine of two 684
times the usual amount imposed for the violation. No court shall 685
impose a fine of two times the usual amount imposed for the 686
violation upon an offender if the offender alleges, in an 687
affidavit filed with the court prior to the offender's sentencing, 688
that the offender is indigent and is unable to pay the fine 689
imposed pursuant to this division and if the court determines that 690
the offender is an indigent person and unable to pay the fine. 691

       (4)(a) If the offender's violation of division (A) of this 692
section resulted in serious physical harm to another person, the 693
offender is guilty of a misdemeanor. The court may sentence the 694
offender to a jail term of not more than sixty days, impose a fine 695
of not more than five hundred dollars, or both. In addition, the 696
court may impose a class eight license suspension of the 697
offender's driver's license, commercial driver's license, 698
temporary instruction permit, probationary license, or nonresident 699
operating privilege from the range specified in division (A)(8) of 700
section 4510.02 of the Revised Code. The court also shall assess 701
at least two, and may assess three or four, points against the 702
offender's driver's license, commercial driver's license, 703
temporary instruction permit, probationary license, or nonresident 704
operating privilege. The court shall notify the registrar of motor 705
vehicles of the number of points assessed in accordance with 706
sections 4510.03 to 4510.036 of the Revised Code. 707

        The court shall forward the first twenty-five dollars of any 708
fine collected under division (P)(4)(a) of this section to the 709
treasurer of state for deposit into the highway safety education 710
fund created by section 4501.14 of the Revised Code. 711

        (b) If the offender's violation of division (A) of this 712
section resulted in the death of another person, the offender is 713
guilty of a misdemeanor. The court may sentence the offender to a 714
jail term of not more than one hundred eighty days, impose a fine 715
of not more than one thousand dollars, or both. In addition, the 716
court may impose a class seven license suspension of the 717
offender's driver's license, commercial driver's license, 718
temporary instruction permit, probationary license, or nonresident 719
operating privilege from the range specified in division (A)(7) of 720
section 4510.02 of the Revised Code. The court also shall assess 721
at least two, and may assess three, four, five, or six, points 722
against the offender's driver's license, commercial driver's 723
license, temporary instruction permit, probationary license, or 724
nonresident operating privilege. The court shall notify the 725
registrar of the number of points assessed in accordance with 726
sections 4510.03 to 4510.036 of the Revised Code. 727

        The court shall forward the first fifty dollars of any fine 728
collected under division (P)(4)(b) of this section to the 729
treasurer of state for deposit into the highway safety education 730
fund created by section 4501.14 of the Revised Code. 731

       Sec. 4511.33. (A) Whenever any roadway has been divided into 732
two or more clearly marked lanes for traffic, or wherever within 733
municipal corporations traffic is lawfully moving in two or more 734
substantially continuous lines in the same direction, the 735
following rules apply: 736

       (1) A vehicle or trackless trolley shall be driven, as nearly 737
as is practicable, entirely within a single lane or line of 738
traffic and shall not be moved from such lane or line until the 739
driver has first ascertained that such movement can be made with 740
safety. 741

       (2) Upon a roadway which is divided into three lanes and 742
provides for two-way movement of traffic, a vehicle or trackless 743
trolley shall not be driven in the center lane except when 744
overtaking and passing another vehicle or trackless trolley where 745
the roadway is clearly visible and such center lane is clear of 746
traffic within a safe distance, or when preparing for a left turn, 747
or where such center lane is at the time allocated exclusively to 748
traffic moving in the direction the vehicle or trackless trolley 749
is proceeding and is posted with signs to give notice of such 750
allocation. 751

       (3) Official signs may be erected directing specified traffic 752
to use a designated lane or designating those lanes to be used by 753
traffic moving in a particular direction regardless of the center 754
of the roadway, or restricting the use of a particular lane to 755
only buses during certain hours or during all hours, and drivers 756
of vehicles and trackless trolleys shall obey the directions of 757
such signs. 758

       (4) Official traffic control devices may be installed 759
prohibiting the changing of lanes on sections of roadway and 760
drivers of vehicles shall obey the directions of every such 761
device. 762

       (B)(1) Except as otherwise provided in ~~this~~ division (B) of 763
this section, whoever violates this section is guilty of a minor 764
misdemeanor. If, within one year of the offense, the offender 765
previously has been convicted of or pleaded guilty to one 766
predicate motor vehicle or traffic offense, whoever violates this 767
section is guilty of a misdemeanor of the fourth degree. If, 768
within one year of the offense, the offender previously has been 769
convicted of two or more predicate motor vehicle or traffic 770
offenses, whoever violates this section is guilty of a misdemeanor 771
of the third degree. 772

       (2) If the offender's violation of division (A) of this 773
section resulted in serious physical harm to another person, the 774
offender is guilty of a misdemeanor. The court may sentence the 775
offender to a jail term of not more than sixty days, impose a fine 776
of not more than five hundred dollars, or both. In addition, the 777
court may impose a class eight license suspension of the 778
offender's driver's license, commercial driver's license, 779
temporary instruction permit, probationary license, or nonresident 780
operating privilege from the range specified in division (A)(8) of 781
section 4510.02 of the Revised Code. The court also shall assess 782
at least two, and may assess three or four, points against the 783
offender's driver's license, commercial driver's license, 784
temporary instruction permit, probationary license, or nonresident 785
operating privilege. The court shall notify the registrar of motor 786
vehicles of the number of points assessed in accordance with 787
sections 4510.03 to 4510.036 of the Revised Code. 788

        The court shall forward the first twenty-five dollars of any 789
fine collected under division (B)(2) of this section to the 790
treasurer of state for deposit into the highway safety education 791
fund created by section 4501.14 of the Revised Code. 792

        (3) If the offender's violation of division (A) of this 793
section resulted in the death of another person, the offender is 794
guilty of a misdemeanor. The court may sentence the offender to a 795
jail term of not more than one hundred eighty days, impose a fine 796
of not more than one thousand dollars, or both. In addition, the 797
court may impose a class seven license suspension of the 798
offender's driver's license, commercial driver's license, 799
temporary instruction permit, probationary license, or nonresident 800
operating privilege from the range specified in division (A)(7) of 801
section 4510.02 of the Revised Code. The court also shall assess 802
at least two, and may assess three, four, five, or six, points 803
against the offender's driver's license, commercial driver's 804
license, temporary instruction permit, probationary license, or 805
nonresident operating privilege. The court shall notify the 806
registrar of the number of points assessed in accordance with 807
sections 4510.03 to 4510.036 of the Revised Code. 808

        The court shall forward the first fifty dollars of any fine 809
collected under division (B)(3) of this section to the treasurer 810
of state for deposit into the highway safety education fund 811
created by section 4501.14 of the Revised Code. 812

       Sec. 4511.41. (A) When two vehicles, including any trackless 813
trolley or streetcar, approach or enter an intersection from 814
different streets or highways at approximately the same time, the 815
driver of the vehicle on the left shall yield the right-of-way to 816
the vehicle on the right. 817

       (B) The right-of-way rule declared in division (A) of this 818
section is modified at through highways and otherwise as stated in 819
Chapter 4511. of the Revised Code. 820

       (C)(1) Except as otherwise provided in ~~this~~ division (C) of 821
this section, whoever violates this section is guilty of a minor 822
misdemeanor. If, within one year of the offense, the offender 823
previously has been convicted of or pleaded guilty to one 824
predicate motor vehicle or traffic offense, whoever violates this 825
section is guilty of a misdemeanor of the fourth degree. If, 826
within one year of the offense, the offender previously has been 827
convicted of two or more predicate motor vehicle or traffic 828
offenses, whoever violates this section is guilty of a misdemeanor 829
of the third degree. 830

       (2) If the offender's violation of division (A) of this 831
section resulted in serious physical harm to another person, the 832
offender is guilty of a misdemeanor. The court may sentence the 833
offender to a jail term of not more than sixty days, impose a fine 834
of not more than five hundred dollars, or both. In addition, the 835
court may impose a class eight license suspension of the 836
offender's driver's license, commercial driver's license, 837
temporary instruction permit, probationary license, or nonresident 838
operating privilege from the range specified in division (A)(8) of 839
section 4510.02 of the Revised Code. The court also shall assess 840
at least two, and may assess three or four, points against the 841
offender's driver's license, commercial driver's license, 842
temporary instruction permit, probationary license, or nonresident 843
operating privilege. The court shall notify the registrar of motor 844
vehicles of the number of points assessed in accordance with 845
sections 4510.03 to 4510.036 of the Revised Code. 846

        The court shall forward the first twenty-five dollars of any 847
fine collected under division (B)(2) of this section to the 848
treasurer of state for deposit into the highway safety education 849
fund created by section 4501.14 of the Revised Code. 850

        (3) If the offender's violation of division (A) of this 851
section resulted in the death of another person, the offender is 852
guilty of a misdemeanor. The court may sentence the offender to a 853
jail term of not more than one hundred eighty days, impose a fine 854
of not more than one thousand dollars, or both. In addition, the 855
court may impose a class seven license suspension of the 856
offender's driver's license, commercial driver's license, 857
temporary instruction permit, probationary license, or nonresident 858
operating privilege from the range specified in division (A)(7) of 859
section 4510.02 of the Revised Code. The court also shall assess 860
at least two, and may assess three, four, five, or six, points 861
against the offender's driver's license, commercial driver's 862
license, temporary instruction permit, probationary license, or 863
nonresident operating privilege. The court shall notify the 864
registrar of the number of points assessed in accordance with 865
sections 4510.03 to 4510.036 of the Revised Code. 866

        The court shall forward the first fifty dollars of any fine 867
collected under division (B)(3) of this section to the treasurer 868
of state for deposit into the highway safety education fund 869
created by section 4501.14 of the Revised Code. 870

       Sec. 4511.42. (A) The operator of a vehicle, streetcar, or 871
trackless trolley intending to turn to the left within an 872
intersection or into an alley, private road, or driveway shall 873
yield the right of way to any vehicle, streetcar, or trackless 874
trolley approaching from the opposite direction, whenever the 875
approaching vehicle, streetcar, or trackless trolley is within the 876
intersection or so close to the intersection, alley, private road, 877
or driveway as to constitute an immediate hazard. 878

       (B)(1) Except as otherwise provided in ~~this~~ division (B) of 879
this section, whoever violates this section is guilty of a minor 880
misdemeanor. If, within one year of the offense, the offender 881
previously has been convicted of or pleaded guilty to one 882
predicate motor vehicle or traffic offense, whoever violates this 883
section is guilty of a misdemeanor of the fourth degree. If, 884
within one year of the offense, the offender previously has been 885
convicted of two or more predicate motor vehicle or traffic 886
offenses, whoever violates this section is guilty of a misdemeanor 887
of the third degree. 888

       (2) If the offender's violation of division (A) of this 889
section resulted in serious physical harm to another person, the 890
offender is guilty of a misdemeanor. The court may sentence the 891
offender to a jail term of not more than sixty days, impose a fine 892
of not more than five hundred dollars, or both. In addition, the 893
court may impose a class eight license suspension of the 894
offender's driver's license, commercial driver's license, 895
temporary instruction permit, probationary license, or nonresident 896
operating privilege from the range specified in division (A)(8) of 897
section 4510.02 of the Revised Code. The court also shall assess 898
at least two, and may assess three or four, points against the 899
offender's driver's license, commercial driver's license, 900
temporary instruction permit, probationary license, or nonresident 901
operating privilege. The court shall notify the registrar of motor 902
vehicles of the number of points assessed in accordance with 903
sections 4510.03 to 4510.036 of the Revised Code. 904

        The court shall forward the first twenty-five dollars of any 905
fine collected under division (B)(2) of this section to the 906
treasurer of state for deposit into the highway safety education 907
fund created by section 4501.14 of the Revised Code. 908

        (3) If the offender's violation of division (A) of this 909
section resulted in the death of another person, the offender is 910
guilty of a misdemeanor. The court may sentence the offender to a 911
jail term of not more than one hundred eighty days, impose a fine 912
of not more than one thousand dollars, or both. In addition, the 913
court may impose a class seven license suspension of the 914
offender's driver's license, commercial driver's license, 915
temporary instruction permit, probationary license, or nonresident 916
operating privilege from the range specified in division (A)(7) of 917
section 4510.02 of the Revised Code. The court also shall assess 918
at least two, and may assess three, four, five, or six, points 919
against the offender's driver's license, commercial driver's 920
license, temporary instruction permit, probationary license, or 921
nonresident operating privilege. The court shall notify the 922
registrar of the number of points assessed in accordance with 923
sections 4510.03 to 4510.036 of the Revised Code. 924

        The court shall forward the first fifty dollars of any fine 925
collected under division (B)(3) of this section to the treasurer 926
of state for deposit into the highway safety education fund 927
created by section 4501.14 of the Revised Code. 928

       Sec. 4511.43. (A) Except when directed to proceed by a law 929
enforcement officer, every driver of a vehicle or trackless 930
trolley approaching a stop sign shall stop at a clearly marked 931
stop line, but if none, before entering the crosswalk on the near 932
side of the intersection, or, if none, then at the point nearest 933
the intersecting roadway where the driver has a view of 934
approaching traffic on the intersecting roadway before entering 935
it. After having stopped, the driver shall yield the right-of-way 936
to any vehicle in the intersection or approaching on another 937
roadway so closely as to constitute an immediate hazard during the 938
time the driver is moving across or within the intersection or 939
junction of roadways. 940

       (B) The driver of a vehicle or trackless trolley approaching 941
a yield sign shall slow down to a speed reasonable for the 942
existing conditions and, if required for safety to stop, shall 943
stop at a clearly marked stop line, but if none, before entering 944
the crosswalk on the near side of the intersection, or, if none, 945
then at the point nearest the intersecting roadway where the 946
driver has a view of approaching traffic on the intersecting 947
roadway before entering it. After slowing or stopping, the driver 948
shall yield the right-of-way to any vehicle or trackless trolley 949
in the intersection or approaching on another roadway so closely 950
as to constitute an immediate hazard during the time the driver is 951
moving across or within the intersection or junction of roadways. 952
Whenever a driver is involved in a collision with a vehicle or 953
trackless trolley in the intersection or junction of roadways, 954
after driving past a yield sign without stopping, the collision 955
shall be prima-facie evidence of the driver's failure to yield the 956
right-of-way. 957

       (C)(1) Except as otherwise provided in ~~this~~ division (C) of 958
this section, whoever violates this section is guilty of a minor 959
misdemeanor. If, within one year of the offense, the offender 960
previously has been convicted of or pleaded guilty to one 961
predicate motor vehicle or traffic offense, whoever violates this 962
section is guilty of a misdemeanor of the fourth degree. If, 963
within one year of the offense, the offender previously has been 964
convicted of two or more predicate motor vehicle or traffic 965
offenses, whoever violates this section is guilty of a misdemeanor 966
of the third degree. 967

       (2) If the offender's violation of division (A) or (B) of 968
this section resulted in serious physical harm to another person, 969
the offender is guilty of a misdemeanor. The court may sentence 970
the offender to a jail term of not more than sixty days, impose a 971
fine of not more than five hundred dollars, or both. In addition, 972
the court may impose a class eight license suspension of the 973
offender's driver's license, commercial driver's license, 974
temporary instruction permit, probationary license, or nonresident 975
operating privilege from the range specified in division (A)(8) of 976
section 4510.02 of the Revised Code. The court also shall assess 977
at least two, and may assess three or four, points against the 978
offender's driver's license, commercial driver's license, 979
temporary instruction permit, probationary license, or nonresident 980
operating privilege. The court shall notify the registrar of motor 981
vehicles of the number of points assessed in accordance with 982
sections 4510.03 to 4510.036 of the Revised Code. 983

        The court shall forward the first twenty-five dollars of any 984
fine collected under division (C)(2) of this section to the 985
treasurer of state for deposit into the highway safety education 986
fund created by section 4501.14 of the Revised Code. 987

        (3) If the offender's violation of division (A) or (B) of 988
this section resulted in the death of another person, the offender 989
is guilty of a misdemeanor. The court may sentence the offender to 990
a jail term of not more than one hundred eighty days, impose a 991
fine of not more than one thousand dollars, or both. In addition, 992
the court may impose a class seven license suspension of the 993
offender's driver's license, commercial driver's license, 994
temporary instruction permit, probationary license, or nonresident 995
operating privilege from the range specified in division (A)(7) of 996
section 4510.02 of the Revised Code. The court also shall assess 997
at least two, and may assess three, four, five, or six, points 998
against the offender's driver's license, commercial driver's 999
license, temporary instruction permit, probationary license, or 1000
nonresident operating privilege. The court shall notify the 1001
registrar of the number of points assessed in accordance with 1002
sections 4510.03 to 4510.036 of the Revised Code. 1003

        The court shall forward the first fifty dollars of any fine 1004
collected under division (C)(3) of this section to the treasurer 1005
of state for deposit into the highway safety education fund 1006
created by section 4501.14 of the Revised Code. 1007

       Sec. 4511.431. (A) The driver of a vehicle or trackless 1008
trolley emerging from an alley, building, private road, or 1009
driveway within a business or residence district shall stop the 1010
vehicle or trackless trolley immediately prior to driving onto a 1011
sidewalk or onto the sidewalk area extending across the alley, 1012
building entrance, road, or driveway, or in the event there is no 1013
sidewalk area, shall stop at the point nearest the street to be 1014
entered where the driver has a view of approaching traffic 1015
thereon. 1016

       (B)(1) Except as otherwise provided in ~~this~~ division (B) of 1017
this section, whoever violates this section is guilty of a minor 1018
misdemeanor. If, within one year of the offense, the offender 1019
previously has been convicted of or pleaded guilty to one 1020
predicate motor vehicle or traffic offense, whoever violates this 1021
section is guilty of a misdemeanor of the fourth degree. If, 1022
within one year of the offense, the offender previously has been 1023
convicted of two or more predicate motor vehicle or traffic 1024
offenses, whoever violates this section is guilty of a misdemeanor 1025
of the third degree. 1026

       (2) If the offender's violation of division (A) of this 1027
section resulted in serious physical harm to another person, the 1028
offender is guilty of a misdemeanor. The court may sentence the 1029
offender to a jail term of not more than sixty days, impose a fine 1030
of not more than five hundred dollars, or both. In addition, the 1031
court may impose a class eight license suspension of the 1032
offender's driver's license, commercial driver's license, 1033
temporary instruction permit, probationary license, or nonresident 1034
operating privilege from the range specified in division (A)(8) of 1035
section 4510.02 of the Revised Code. The court also shall assess 1036
at least two, and may assess three or four, points against the 1037
offender's driver's license, commercial driver's license, 1038
temporary instruction permit, probationary license, or nonresident 1039
operating privilege. The court shall notify the registrar of motor 1040
vehicles of the number of points assessed in accordance with 1041
sections 4510.03 to 4510.036 of the Revised Code. 1042

        The court shall forward the first twenty-five dollars of any 1043
fine collected under division (B)(2) of this section to the 1044
treasurer of state for deposit into the highway safety education 1045
fund created by section 4501.14 of the Revised Code. 1046

        (3) If the offender's violation of division (A) of this 1047
section resulted in the death of another person, the offender is 1048
guilty of a misdemeanor. The court may sentence the offender to a 1049
jail term of not more than one hundred eighty days, impose a fine 1050
of not more than one thousand dollars, or both. In addition, the 1051
court may impose a class seven license suspension of the 1052
offender's driver's license, commercial driver's license, 1053
temporary instruction permit, probationary license, or nonresident 1054
operating privilege from the range specified in division (A)(7) of 1055
section 4510.02 of the Revised Code. The court also shall assess 1056
at least two, and may assess three, four, five, or six, points 1057
against the offender's driver's license, commercial driver's 1058
license, temporary instruction permit, probationary license, or 1059
nonresident operating privilege. The court shall notify the 1060
registrar of the number of points assessed in accordance with 1061
sections 4510.03 to 4510.036 of the Revised Code. 1062

        The court shall forward the first fifty dollars of any fine 1063
collected under division (B)(3) of this section to the treasurer 1064
of state for deposit into the highway safety education fund 1065
created by section 4501.14 of the Revised Code. 1066

       Sec. 4511.44. (A) The operator of a vehicle, streetcar, or 1067
trackless trolley about to enter or cross a highway from any place 1068
other than another roadway shall yield the right of way to all 1069
traffic approaching on the roadway to be entered or crossed. 1070

       (B)(1) Except as otherwise provided in ~~this~~ division (B) of 1071
this section, whoever violates this section is guilty of a minor 1072
misdemeanor. If, within one year of the offense, the offender 1073
previously has been convicted of or pleaded guilty to one 1074
predicate motor vehicle or traffic offense, whoever violates this 1075
section is guilty of a misdemeanor of the fourth degree. If, 1076
within one year of the offense, the offender previously has been 1077
convicted of two or more predicate motor vehicle or traffic 1078
offenses, whoever violates this section is guilty of a misdemeanor 1079
of the third degree. 1080

       (2) If the offender's violation of division (A) of this 1081
section resulted in serious physical harm to another person, the 1082
offender is guilty of a misdemeanor. The court may sentence the 1083
offender to a jail term of not more than sixty days, impose a fine 1084
of not more than five hundred dollars, or both. In addition, the 1085
court may impose a class eight license suspension of the 1086
offender's driver's license, commercial driver's license, 1087
temporary instruction permit, probationary license, or nonresident 1088
operating privilege from the range specified in division (A)(8) of 1089
section 4510.02 of the Revised Code. The court also shall assess 1090
at least two, and may assess three or four, points against the 1091
offender's driver's license, commercial driver's license, 1092
temporary instruction permit, probationary license, or nonresident 1093
operating privilege. The court shall notify the registrar of motor 1094
vehicles of the number of points assessed in accordance with 1095
sections 4510.03 to 4510.036 of the Revised Code. 1096

        The court shall forward the first twenty-five dollars of any 1097
fine collected under division (B)(2) of this section to the 1098
treasurer of state for deposit into the highway safety education 1099
fund created by section 4501.14 of the Revised Code. 1100

        (3) If the offender's violation of division (A) of this 1101
section resulted in the death of another person, the offender is 1102
guilty of a misdemeanor. The court may sentence the offender to a 1103
jail term of not more than one hundred eighty days, impose a fine 1104
of not more than one thousand dollars, or both. In addition, the 1105
court may impose a class seven license suspension of the 1106
offender's driver's license, commercial driver's license, 1107
temporary instruction permit, probationary license, or nonresident 1108
operating privilege from the range specified in division (A)(7) of 1109
section 4510.02 of the Revised Code. The court also shall assess 1110
at least two, and may assess three, four, five, or six, points 1111
against the offender's driver's license, commercial driver's 1112
license, temporary instruction permit, probationary license, or 1113
nonresident operating privilege. The court shall notify the 1114
registrar of the number of points assessed in accordance with 1115
sections 4510.03 to 4510.036 of the Revised Code. 1116

        The court shall forward the first fifty dollars of any fine 1117
collected under division (B)(3) of this section to the treasurer 1118
of state for deposit into the highway safety education fund 1119
created by section 4501.14 of the Revised Code. 1120

       Sec. 4511.441. (A) The driver of a vehicle shall yield the 1121
right-of-way to any pedestrian on a sidewalk. 1122

       (B)(1) Except as otherwise provided in ~~this~~ division (B) of 1123
this section, whoever violates this section is guilty of a minor 1124
misdemeanor. If, within one year of the offense, the offender 1125
previously has been convicted of or pleaded guilty to one 1126
predicate motor vehicle or traffic offense, whoever violates this 1127
section is guilty of a misdemeanor of the fourth degree. If, 1128
within one year of the offense, the offender previously has been 1129
convicted of two or more predicate motor vehicle or traffic 1130
offenses, whoever violates this section is guilty of a misdemeanor 1131
of the third degree. 1132

       (2) If the offender's violation of division (A) of this 1133
section resulted in serious physical harm to another person, the 1134
offender is guilty of a misdemeanor. The court may sentence the 1135
offender to a jail term of not more than sixty days, impose a fine 1136
of not more than five hundred dollars, or both. In addition, the 1137
court may impose a class eight license suspension of the 1138
offender's driver's license, commercial driver's license, 1139
temporary instruction permit, probationary license, or nonresident 1140
operating privilege from the range specified in division (A)(8) of 1141
section 4510.02 of the Revised Code. The court also shall assess 1142
at least two, and may assess three or four, points against the 1143
offender's driver's license, commercial driver's license, 1144
temporary instruction permit, probationary license, or nonresident 1145
operating privilege. The court shall notify the registrar of motor 1146
vehicles of the number of points assessed in accordance with 1147
sections 4510.03 to 4510.036 of the Revised Code. 1148

        The court shall forward the first twenty-five dollars of any 1149
fine collected under division (B)(2) of this section to the 1150
treasurer of state for deposit into the highway safety education 1151
fund created by section 4501.14 of the Revised Code. 1152

        (3) If the offender's violation of division (A) of this 1153
section resulted in the death of another person, the offender is 1154
guilty of a misdemeanor. The court may sentence the offender to a 1155
jail term of not more than one hundred eighty days, impose a fine 1156
of not more than one thousand dollars, or both. In addition, the 1157
court may impose a class seven license suspension of the 1158
offender's driver's license, commercial driver's license, 1159
temporary instruction permit, probationary license, or nonresident 1160
operating privilege from the range specified in division (A)(7) of 1161
section 4510.02 of the Revised Code. The court also shall assess 1162
at least two, and may assess three, four, five, or six, points 1163
against the offender's driver's license, commercial driver's 1164
license, temporary instruction permit, probationary license, or 1165
nonresident operating privilege. The court shall notify the 1166
registrar of the number of points assessed in accordance with 1167
sections 4510.03 to 4510.036 of the Revised Code. 1168

        The court shall forward the first fifty dollars of any fine 1169
collected under division (B)(3) of this section to the treasurer 1170
of state for deposit into the highway safety education fund 1171
created by section 4501.14 of the Revised Code. 1172

       Sec. 4511.45. (A)(1) Upon the approach of a public safety 1173
vehicle or coroner's vehicle, equipped with at least one flashing, 1174
rotating or oscillating light visible under normal atmospheric 1175
conditions from a distance of five hundred feet to the front of 1176
the vehicle and the driver is giving an audible signal by siren, 1177
exhaust whistle, or bell, no driver of any other vehicle shall 1178
fail to yield the right-of-way, immediately drive if practical to 1179
a position parallel to, and as close as possible to, the right 1180
edge or curb of the highway clear of any intersection, and stop 1181
and remain in that position until the public safety vehicle or 1182
coroner's vehicle has passed, except when otherwise directed by a 1183
police officer. 1184

       (2) Upon the approach of a public safety vehicle or coroner's 1185
vehicle, as stated in division (A)(1) of this section, no operator 1186
of any streetcar or trackless trolley shall fail to immediately 1187
stop the streetcar or trackless trolley clear of any intersection 1188
and keep it in that position until the public safety vehicle or 1189
coroner's vehicle has passed, except when otherwise directed by a 1190
police officer. 1191

       (B) This section does not relieve the driver of a public 1192
safety vehicle or coroner's vehicle from the duty to drive with 1193
due regard for the safety of all persons and property upon the 1194
highway. 1195

       (C) This section applies to a coroner's vehicle only when the 1196
vehicle is operated in accordance with section 4513.171 of the 1197
Revised Code. As used in this section, "coroner's vehicle" means a 1198
vehicle used by a coroner, deputy coroner, or coroner's 1199
investigator that is equipped with a flashing, oscillating, or 1200
rotating red or blue light and a siren, exhaust whistle, or bell 1201
capable of giving an audible signal. 1202

       (D)(1) Except as otherwise provided in ~~this~~ division (D) of 1203
this section, whoever violates division (A)(1) or (2) of this 1204
section is guilty of a misdemeanor of the fourth degree on a first 1205
offense. On a second offense within one year after the first 1206
offense, the person is guilty of a misdemeanor of the third 1207
degree, and, on each subsequent offense within one year after the 1208
first offense, the person is guilty of a misdemeanor of the second 1209
degree. 1210

       (2)(a) If the offender's violation of division (A)(1) or (2) 1211
of this section resulted in serious physical harm to another 1212
person and the offender, within one year of the offense, has been 1213
convicted of or pleaded guilty to one or fewer violations of 1214
divisions (A)(1) and (2) of this section, the offender is guilty 1215
of a misdemeanor. The court may sentence the offender to a jail 1216
term of not more than sixty days, impose a fine of not more than 1217
five hundred dollars, or both. In addition, the court may impose a 1218
class eight license suspension of the offender's driver's license, 1219
commercial driver's license, temporary instruction permit, 1220
probationary license, or nonresident operating privilege from the 1221
range specified in division (A)(8) of section 4510.02 of the 1222
Revised Code. The court also shall assess at least two, and may 1223
assess three or four, points against the offender's driver's 1224
license, commercial driver's license, temporary instruction 1225
permit, probationary license, or nonresident operating privilege. 1226
The court shall notify the registrar of motor vehicles of the 1227
number of points assessed in accordance with sections 4510.03 to 1228
4510.036 of the Revised Code. 1229

        The court shall forward the first twenty-five dollars of any 1230
fine collected under division (D)(2)(a) of this section to the 1231
treasurer of state for deposit into the highway safety education 1232
fund created by section 4501.14 of the Revised Code. 1233

        (b) If the offender's violation of division (A)(1) or (2) of 1234
this section resulted in serious physical harm to another person 1235
and the offender, within one year of the offense, has been 1236
convicted of or pleaded guilty to two or more violations of 1237
division (A)(1) or (2) of this section, the offender is guilty of 1238
a misdemeanor of the second degree. The court may sentence the 1239
offender to a jail term of not more than ninety days, impose a 1240
fine of not more than seven hundred fifty dollars, or both. In 1241
addition, the court may impose a class eight license suspension of 1242
the offender's driver's license, commercial driver's license, 1243
temporary instruction permit, probationary license, or nonresident 1244
operating privilege from the range specified in division (A)(8) of 1245
section 4510.02 of the Revised Code. The court also shall assess 1246
at least two, and may assess three or four, points against the 1247
offender's driver's license, commercial driver's license, 1248
temporary instruction permit, probationary license, or nonresident 1249
operating privilege. The court shall notify the registrar of motor 1250
vehicles of the number of points assessed in accordance with 1251
sections 4510.03 to 4510.036 of the Revised Code. 1252

        The court shall forward the first thirty-eight dollars of any 1253
fine collected under division (D)(2)(b) of this section to the 1254
treasurer of state for deposit into the highway safety education 1255
fund created by section 4501.14 of the Revised Code. 1256

        (3) If the offender's violation of division (A)(1) or (2) of 1257
this section resulted in the death of another person, the offender 1258
is guilty of a misdemeanor. The court may sentence the offender to 1259
a jail term of not more than one hundred eighty days, impose a 1260
fine of not more than one thousand dollars, or both. In addition, 1261
the court may impose a class seven license suspension of the 1262
offender's driver's license, commercial driver's license, 1263
temporary instruction permit, probationary license, or nonresident 1264
operating privilege from the range specified in division (A)(7) of 1265
section 4510.02 of the Revised Code. The court also shall assess 1266
at least two, and may assess three, four, five, or six, points 1267
against the offender's driver's license, commercial driver's 1268
license, temporary instruction permit, probationary license, or 1269
nonresident operating privilege. The court shall notify the 1270
registrar of the number of points assessed in accordance with 1271
sections 4510.03 to 4510.036 of the Revised Code. 1272

        The court shall forward the first fifty dollars of any fine 1273
collected under division (D)(3) of this section to the treasurer 1274
of state for deposit into the highway safety education fund 1275
created by section 4501.14 of the Revised Code. 1276

       Sec. 4511.451. (A) As used in this section, "funeral 1277
procession" means two or more vehicles accompanying the cremated 1278
remains or the body of a deceased person in the daytime when each 1279
of the vehicles has its headlights lighted and is displaying a 1280
purple and white or an orange and white pennant attached to each 1281
vehicle in such a manner as to be clearly visible to traffic 1282
approaching from any direction. 1283

       (B) Excepting public safety vehicles proceeding in accordance 1284
with section 4511.45 of the Revised Code or when directed 1285
otherwise by a police officer, pedestrians and the operators of 1286
all vehicles, street cars, and trackless trolleys shall yield the 1287
right of way to each vehicle that is a part of a funeral 1288
procession. Whenever the lead vehicle in a funeral procession 1289
lawfully enters an intersection, the remainder of the vehicles in 1290
the procession may continue to follow the lead vehicle through the 1291
intersection notwithstanding any traffic control devices or right 1292
of way provisions of the Revised Code, provided that the operator 1293
of each vehicle exercises due care to avoid colliding with any 1294
other vehicle or pedestrian. 1295

       (C) No person shall operate any vehicle as a part of a 1296
funeral procession without having the headlights of the vehicle 1297
lighted and without displaying a purple and white or an orange and 1298
white pennant in such a manner as to be clearly visible to traffic 1299
approaching from any direction. 1300

       ~~(C)~~(D)(1) Except as otherwise provided in ~~this~~ division (D) 1301
of this section, whoever violates this section is guilty of a 1302
minor misdemeanor. If, within one year of the offense, the 1303
offender previously has been convicted of or pleaded guilty to one 1304
predicate motor vehicle or traffic offense, whoever violates this 1305
section is guilty of a misdemeanor of the fourth degree. If, 1306
within one year of the offense, the offender previously has been 1307
convicted of two or more predicate motor vehicle or traffic 1308
offenses, whoever violates this section is guilty of a misdemeanor 1309
of the third degree. 1310

       (2) If the offender's violation of division (B) of this 1311
section resulted in serious physical harm to another person, the 1312
offender is guilty of a misdemeanor. The court may sentence the 1313
offender to a jail term of not more than sixty days, impose a fine 1314
of not more than five hundred dollars, or both. In addition, the 1315
court may impose a class eight license suspension of the 1316
offender's driver's license, commercial driver's license, 1317
temporary instruction permit, probationary license, or nonresident 1318
operating privilege from the range specified in division (A)(8) of 1319
section 4510.02 of the Revised Code. The court also shall assess 1320
at least two, and may assess three or four, points against the 1321
offender's driver's license, commercial driver's license, 1322
temporary instruction permit, probationary license, or nonresident 1323
operating privilege. The court shall notify the registrar of motor 1324
vehicles of the number of points assessed in accordance with 1325
sections 4510.03 to 4510.036 of the Revised Code. 1326

        The court shall forward the first twenty-five dollars of any 1327
fine collected under division (D)(2) of this section to the 1328
treasurer of state for deposit into the highway safety education 1329
fund created by section 4501.14 of the Revised Code. 1330

        (3) If the offender's violation of division (B) of this 1331
section resulted in the death of another person, the offender is 1332
guilty of a misdemeanor. The court may sentence the offender to a 1333
jail term of not more than one hundred eighty days, impose a fine 1334
of not more than one thousand dollars, or both. In addition, the 1335
court may impose a class seven license suspension of the 1336
offender's driver's license, commercial driver's license, 1337
temporary instruction permit, probationary license, or nonresident 1338
operating privilege from the range specified in division (A)(7) of 1339
section 4510.02 of the Revised Code. The court also shall assess 1340
at least two, and may assess three, four, five, or six, points 1341
against the offender's driver's license, commercial driver's 1342
license, temporary instruction permit, probationary license, or 1343
nonresident operating privilege. The court shall notify the 1344
registrar of the number of points assessed in accordance with 1345
sections 4510.03 to 4510.036 of the Revised Code. 1346

        The court shall forward the first fifty dollars of any fine 1347
collected under division (D)(3) of this section to the treasurer 1348
of state for deposit into the highway safety education fund 1349
created by section 4501.14 of the Revised Code. 1350

       Sec. 4511.46. (A) When traffic control signals are not in 1351
place, not in operation, or are not clearly assigning the 1352
right-of-way, the driver of a vehicle, trackless trolley, or 1353
streetcar shall yield the right of way, slowing down or stopping 1354
if need be to so yield or if required by section 4511.132 of the 1355
Revised Code, to a pedestrian crossing the roadway within a 1356
crosswalk when the pedestrian is upon the half of the roadway upon 1357
which the vehicle is traveling, or when the pedestrian is 1358
approaching so closely from the opposite half of the roadway as to 1359
be in danger. 1360

       (B) No pedestrian shall suddenly leave a curb or other place 1361
of safety and walk or run into the path of a vehicle, trackless 1362
trolley, or streetcar which is so close as to constitute an 1363
immediate hazard. 1364

       (C) Division (A) of this section does not apply under the 1365
conditions stated in division (B) of section 4511.48 of the 1366
Revised Code. 1367

       (D) Whenever any vehicle, trackless trolley, or streetcar is 1368
stopped at a marked crosswalk or at any unmarked crosswalk at an 1369
intersection to permit a pedestrian to cross the roadway, the 1370
driver of any other vehicle, trackless trolley, or streetcar 1371
approaching from the rear shall not overtake and pass the stopped 1372
vehicle. 1373

       (E)(1) Except as otherwise provided in ~~this~~ division (E) of 1374
this section, whoever violates this section is guilty of a minor 1375
misdemeanor. If, within one year of the offense, the offender 1376
previously has been convicted of or pleaded guilty to one 1377
predicate motor vehicle or traffic offense, whoever violates this 1378
section is guilty of a misdemeanor of the fourth degree. If, 1379
within one year of the offense, the offender previously has been 1380
convicted of two or more predicate motor vehicle or traffic 1381
offenses, whoever violates this section is guilty of a misdemeanor 1382
of the third degree. 1383

       (2) If the offender's violation of division (A) or (D) of 1384
this section resulted in serious physical harm to another person, 1385
the offender is guilty of a misdemeanor. The court may sentence 1386
the offender to a jail term of not more than sixty days, impose a 1387
fine of not more than five hundred dollars, or both. In addition, 1388
the court may impose a class eight license suspension of the 1389
offender's driver's license, commercial driver's license, 1390
temporary instruction permit, probationary license, or nonresident 1391
operating privilege from the range specified in division (A)(8) of 1392
section 4510.02 of the Revised Code. The court also shall assess 1393
at least two, and may assess three or four, points against the 1394
offender's driver's license, commercial driver's license, 1395
temporary instruction permit, probationary license, or nonresident 1396
operating privilege. The court shall notify the registrar of motor 1397
vehicles of the number of points assessed in accordance with 1398
sections 4510.03 to 4510.036 of the Revised Code. 1399

        The court shall forward the first twenty-five dollars of any 1400
fine collected under division (E)(2) of this section to the 1401
treasurer of state for deposit into the highway safety education 1402
fund created by section 4501.14 of the Revised Code. 1403

        (3) If the offender's violation of division (A) or (D) of 1404
this section resulted in the death of another person, the offender 1405
is guilty of a misdemeanor. The court may sentence the offender to 1406
a jail term of not more than one hundred eighty days, impose a 1407
fine of not more than one thousand dollars, or both. In addition, 1408
the court may impose a class seven license suspension of the 1409
offender's driver's license, commercial driver's license, 1410
temporary instruction permit, probationary license, or nonresident 1411
operating privilege from the range specified in division (A)(7) of 1412
section 4510.02 of the Revised Code. The court also shall assess 1413
at least two, and may assess three, four, five, or six, points 1414
against the offender's driver's license, commercial driver's 1415
license, temporary instruction permit, probationary license, or 1416
nonresident operating privilege. The court shall notify the 1417
registrar of the number of points assessed in accordance with 1418
sections 4510.03 to 4510.036 of the Revised Code. 1419

        The court shall forward the first fifty dollars of any fine 1420
collected under division (E)(3) of this section to the treasurer 1421
of state for deposit into the highway safety education fund 1422
created by section 4501.14 of the Revised Code. 1423

       Sec. 4511.47. (A) As used in this section "blind person" or 1424
"blind pedestrian" means a person having not more than 20/200 1425
visual acuity in the better eye with correcting lenses or visual 1426
acuity greater than 20/200 but with a limitation in the fields of 1427
vision such that the widest diameter of the visual field subtends 1428
an angle no greater than twenty degrees. 1429

       The driver of every vehicle shall yield the right of way to 1430
every blind pedestrian guided by a guide dog, or carrying a cane 1431
which is predominantly white or metallic in color, with or without 1432
a red tip. 1433

       (B) No person, other than a blind person, while on any public 1434
highway, street, alley, or other public thoroughfare shall carry a 1435
white or metallic cane with or without a red tip. 1436

       (C)(1) Except as otherwise provided in ~~this~~ division (C) of 1437
this section, whoever violates this section is guilty of a minor 1438
misdemeanor. If, within one year of the offense, the offender 1439
previously has been convicted of or pleaded guilty to one 1440
predicate motor vehicle or traffic offense, whoever violates this 1441
section is guilty of a misdemeanor of the fourth degree. If, 1442
within one year of the offense, the offender previously has been 1443
convicted of two or more predicate motor vehicle or traffic 1444
offenses, whoever violates this section is guilty of a misdemeanor 1445
of the third degree. 1446

       (2) If the offender's violation of division (A) of this 1447
section resulted in serious physical harm to another person, the 1448
offender is guilty of a misdemeanor. The court may sentence the 1449
offender to a jail term of not more than sixty days, impose a fine 1450
of not more than five hundred dollars, or both. In addition, the 1451
court may impose a class eight license suspension of the 1452
offender's driver's license, commercial driver's license, 1453
temporary instruction permit, probationary license, or nonresident 1454
operating privilege from the range specified in division (A)(8) of 1455
section 4510.02 of the Revised Code. The court also shall assess 1456
at least two, and may assess three or four, points against the 1457
offender's driver's license, commercial driver's license, 1458
temporary instruction permit, probationary license, or nonresident 1459
operating privilege. The court shall notify the registrar of motor 1460
vehicles of the number of points assessed in accordance with 1461
sections 4510.03 to 4510.036 of the Revised Code. 1462

        The court shall forward the first twenty-five dollars of any 1463
fine collected under division (B)(2) of this section to the 1464
treasurer of state for deposit into the highway safety education 1465
fund created by section 4501.14 of the Revised Code. 1466

        (3) If the offender's violation of division (A) of this 1467
section resulted in the death of another person, the offender is 1468
guilty of a misdemeanor. The court may sentence the offender to a 1469
jail term of not more than one hundred eighty days, impose a fine 1470
of not more than one thousand dollars, or both. In addition, the 1471
court may impose a class seven license suspension of the 1472
offender's driver's license, commercial driver's license, 1473
temporary instruction permit, probationary license, or nonresident 1474
operating privilege from the range specified in division (A)(7) of 1475
section 4510.02 of the Revised Code. The court also shall assess 1476
at least two, and may assess three, four, five, or six, points 1477
against the offender's driver's license, commercial driver's 1478
license, temporary instruction permit, probationary license, or 1479
nonresident operating privilege. The court shall notify the 1480
registrar of the number of points assessed in accordance with 1481
sections 4510.03 to 4510.036 of the Revised Code. 1482

        The court shall forward the first fifty dollars of any fine 1483
collected under division (B)(3) of this section to the treasurer 1484
of state for deposit into the highway safety education fund 1485
created by section 4501.14 of the Revised Code. 1486

       Sec. 4513.39. (A) The state highway patrol and sheriffs or 1487
their deputies shall exercise, to the exclusion of all other peace 1488
officers except within municipal corporations and except as 1489
specified in division (B) of this section and division (E) of 1490
section 2935.03 of the Revised Code, the power to make arrests for 1491
violations on all state highways, of sections 4503.11, 4503.21, 1492
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40, 1493
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03 1494
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01, 1495
4549.08 to 4549.12, and 4549.62 of the Revised Code. 1496

       (B) A member of the police force of a township police 1497
district created under section 505.48 of the Revised Code, and a 1498
township constable appointed pursuant to section 509.01 of the 1499
Revised Code, who has received a certificate from the Ohio peace 1500
officer training commission under section 109.75 of the Revised 1501
Code, shall exercise the power to make arrests for violations of 1502
those sections listed in division (A) of this section, other than 1503
sections 4513.33 and 4513.34 of the Revised Code, as follows: 1504

       (1) If the population of the township that created the 1505
township police district served by the member's police force or 1506
the township that is served by the township constable is fifty 1507
thousand or less, the member or constable shall exercise that 1508
power on those portions of all state highways, except those 1509
highways included as part of the interstate system, as defined in 1510
section 5516.01 of the Revised Code, that are located within the 1511
township police district, in the case of a member of a township 1512
police district police force, or within the unincorporated 1513
territory of the township, in the case of a township constable; 1514

       (2) If the population of the township that created the 1515
township police district served by the member's police force or 1516
the township that is served by the township constable is greater 1517
than fifty thousand, the member or constable shall exercise that 1518
power on those portions of all state highways and highways 1519
included as part of the interstate highway system, as defined in 1520
section 5516.01 of the Revised Code, that are located within the 1521
township police district, in the case of a member of a township 1522
police district police force, or within the unincorporated 1523
territory of the township, in the case of a township constable. 1524

       (C) When investigating a motor vehicle accident that involves 1525
an offender's motor vehicle and another motor vehicle, a bicycle, 1526
or a pedestrian in which an injured person who is not the offender 1527
is transported to a medical facility for emergency medical 1528
treatment, the state highway patrol trooper, sheriff, sheriff's 1529
deputy, or other peace officer shall not complete the 1530
investigation and issue a ticket, citation, or summons to the 1531
offender for a violation of any of the provisions of sections 1532
4511.01 to 4511.76 of the Revised Code until after the 1533
investigating trooper, sheriff, sheriff's deputy, or other peace 1534
officer contacts the medical facility and is informed of the 1535
seriousness of the injuries that the injured person suffered in 1536
the motor vehicle accident. If the medical facility informs the 1537
investigating trooper, sheriff, sheriff's deputy, or other peace 1538
officer that the offender caused the injured person to suffer 1539
serious physical injury or caused the death of the injured person, 1540
and if the offender is not subject to indictment for any other 1541
violation arising from motor vehicle accident, the investigating 1542
trooper, sheriff, sheriff's deputy, or other peace officer shall 1543
issue to the offender a ticket, citation, or summons for the 1544
offense and shall indicate on the ticket, citation, or summons 1545
that the offender is not permitted to enter a written plea of 1546
guilty and waive the offender's right to contest the ticket, 1547
citation, or summons in a trial but instead must appear in person 1548
in the proper court to answer the charge. 1549

       Section 2. That existing sections 4510.02, 4510.036, 4511.21, 1550
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 1551
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 of the Revised 1552
Code are hereby repealed. 1553

       Section 3. Section 4511.451 of the Revised Code is presented 1554
in this act as a composite of the section as amended by both Sub. 1555
H.B. 322 and Am. Sub. S.B. 123 of the 124th General Assembly. The 1556
General Assembly, applying the principle stated in division (B) of 1557
section 1.52 of the Revised Code that amendments are to be 1558
harmonized if reasonably capable of simultaneous operation, finds 1559
that the composite is the resulting version of the section in 1560
effect prior to the effective date of the section as presented in 1561
this act. 1562

Section 1. That sections 4510.02, 4510.036, 4511.21,	11
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,	12
4511.45, 4511.451, 4511.46, 4511.47, and 4513.39 be amended and	13
section 4501.14 of the Revised Code be enacted to read as follows:	14

Sec. 4501.14. There is hereby created in the state treasury	15
the highway safety education fund, consisting of those portions of	16
fines collected pursuant to and specified in sections 4511.21,	17
4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441,	18
4511.45, 4511.451, 4511.46, and 4511.47 of the Revised Code. The	19
department of public safety shall use the money in the fund only	20
to pay for educational activities that relate to highway safety.	21

Sec. 4510.02. (A) When a court elects or is required to	22
suspend the driver's license, commercial driver's license,	23
temporary instruction permit, probationary license, or nonresident	24
operating privilege of any offender from a specified suspension	25
class, for each of the following suspension classes, the court	26
shall impose a definite period of suspension from the range	27
specified for the suspension class:	28

(1) For a class one suspension, a definite period for the	29
life of the person subject to the suspension;	30

(2) For a class two suspension, a definite period of three	31
years to life;	32

(3) For a class three suspension, a definite period of two to	33
ten years;	34

(4) For a class four suspension, a definite period of one to	35
five years;	36

(5) For a class five suspension, a definite period of six	37
months to three years;	38

(6) For a class six suspension, a definite period of three	39
months to two years;	40

(7) For a class seven suspension, a definite period not to	41
exceed one year;	42

(8) For a class eight suspension, a definite period not to	43
exceed six months.	44

(B) When the bureau of motor vehicles elects or is required	45
to suspend the driver's license, commercial driver's license,	46
temporary instruction permit, probationary license, or nonresident	47
operating privilege of any person from a specified suspension	48
class, for each of the following suspension classes, the period of	49
suspension shall be as follows:	50

(C) The court may require a person to successfully complete a	57
remedial driving course as a condition for the return of full	58
driving privileges after a suspension period imposed from any	59
range in division (A) of this section or otherwise imposed by the	60
court pursuant to any other provision of law ends.	61

(D) When a court or the bureau suspends the driver's license,	62
commercial driver's license, temporary instruction permit,	63
probationary license, or nonresident operating privilege of any	64
offender or person pursuant to any provision of law that does not	65
provide for the suspension to be from a class set forth in	66
division (A) or (B) of this section, except as otherwise provided	67
in the provision that authorizes or requires the suspension, the	68
suspension shall be subject to and governed by this chapter.	69

Sec. 4510.036. (A) The bureau of motor vehicles shall record	70
within ten days, after receipt, and shall keep at its main office,	71
all abstracts received under this section or section 4510.03,	72
4510.031, 4510.032, or 4510.034 of the Revised Code and shall	73
maintain records of convictions and bond forfeitures for any	74
violation of a state law or a municipal ordinance regulating the	75
operation of vehicles, streetcars, and trackless trolleys on	76
highways and streets, except a violation related to parking a	77
motor vehicle.	78

(B) Every court of record or mayor's court before which a	79
person is charged with a violation for which points are chargeable	80
by this section shall assess and transcribe to the abstract of	81
conviction that is furnished by the bureau to the court the number	82
of points chargeable by this section in the correct space assigned	83
on the reporting form. A United States district court that has	84
jurisdiction within this state and before which a person is	85
charged with a violation for which points are chargeable by this	86
section may assess and transcribe to the abstract of conviction	87
report that is furnished by the bureau the number of points	88
chargeable by this section in the correct space assigned on the	89
reporting form. If the federal court so assesses and transcribes	90
the points chargeable for the offense and furnishes the report to	91
the bureau, the bureau shall record the points in the same manner	92
as those assessed and transcribed by a court of record or mayor's	93
court.	94

(C) A court shall assess the following points for an offense	95
based on the following formula:	96

(1) Aggravated vehicular homicide, vehicular homicide,	97
vehicular manslaughter, aggravated vehicular assault, or vehicular	98
assault when the offense involves the operation of a vehicle,	99
streetcar, or trackless trolley on a highway or street ..........	100
6 points	101

(2) A violation of section 2921.331 of the Revised Code or	102
any ordinance prohibiting the willful fleeing or eluding of a law	103
enforcement officer .......... 6 points	104

(3) A violation of section 4549.02 or 4549.021 of the Revised	105
Code or any ordinance requiring the driver of a vehicle to stop	106
and disclose identity at the scene of an accident .......... 6	107
points	108

(4) A violation of section 4511.251 of the Revised Code or	109
any ordinance prohibiting street racing .......... 6 points	110

(5) A violation of section 4510.11, 4510.14, 4510.16, or	111
4510.21 of the Revised Code or any ordinance prohibiting the	112
operation of a motor vehicle while the driver's or commercial	113
driver's license is under suspension .......... 6 points	114

(6) A violation of division (A) of section 4511.19 of the	115
Revised Code, any ordinance prohibiting the operation of a vehicle	116
while under the influence of alcohol, a drug of abuse, or a	117
combination of them, or any ordinance substantially equivalent to	118
division (A) of section 4511.19 of the Revised Code prohibiting	119
the operation of a vehicle with a prohibited concentration of	120
alcohol in the whole blood, blood serum or plasma, breath, or	121
urine .......... 6 points	122

(7) A violation of section 2913.03 of the Revised Code that	123
does not involve an aircraft or motorboat or any ordinance	124
prohibiting the operation of a vehicle without the consent of the	125
owner .......... 6 points	126

(8) Any offense under the motor vehicle laws of this state	127
that is a felony, or any other felony in the commission of which a	128
motor vehicle was used .......... 6 points	129

(9) A violation of division (B) of section 4511.19 of the	130
Revised Code or any ordinance substantially equivalent to that	131
division prohibiting the operation of a vehicle with a prohibited	132
concentration of alcohol in the whole blood, blood serum or	133
plasma, breath, or urine .......... 4 points	134

(10) A violation of section 4511.20 of the Revised Code or	135
any ordinance prohibiting the operation of a motor vehicle in	136
willful or wanton disregard of the safety of persons or property	137
.......... 4 points	138

(a) Notwithstanding divisions (C)(11)(b) and (c) of this	140
section, when the speed exceeds the lawful speed limit by thirty	141
miles per hour or more .......... 4 points	142

(b) When the speed exceeds the lawful speed limit of	143
fifty-five miles per hour or more by more than ten miles per hour	144
.......... 2 points	145

(c) When the speed exceeds the lawful speed limit of less	146
than fifty-five miles per hour by more than five miles per hour	147
.......... 2 points	148