As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 162

Representatives DeGeeter, Dodd 

Cosponsors: Representatives Book, Pryor, Bubp, Combs, Zehringer, Okey, Pillich, Letson, Huffman, Yuko, Boyd, Harris, Luckie, Sayre, Blair 

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A BILL

To amend section 4511.21 of the Revised Code to

1

increase the speed limit for passenger vehicles

2

and commercial buses from 65 to 70 miles per hour

3

on certain interstate freeways.

4

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

Section 1. That section 4511.21 of the Revised Code be	5
amended to read as follows:	6

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	7
trackless trolley, or streetcar at a speed greater or less than is	8
reasonable or proper, having due regard to the traffic, surface,	9
and width of the street or highway and any other conditions, and	10
no person shall drive any motor vehicle, trackless trolley, or	11
streetcar in and upon any street or highway at a greater speed	12
than will permit the person to bring it to a stop within the	13
assured clear distance ahead.	14

(B) It is prima-facie lawful, in the absence of a lower limit	15
declared or established pursuant to this section by the director	16
of transportation or local authorities, for the operator of a	17
motor vehicle, trackless trolley, or streetcar to operate the same	18
at a speed not exceeding the following:	19

(1)(a) Twenty miles per hour in school zones during school	20
recess and while children are going to or leaving school during	21
the opening or closing hours, and when twenty miles per hour	22
school speed limit signs are erected; except that, on	23
controlled-access highways and expressways, if the right-of-way	24
line fence has been erected without pedestrian opening, the speed	25
shall be governed by division (B)(4) of this section and on	26
freeways, if the right-of-way line fence has been erected without	27
pedestrian opening, the speed shall be governed by divisions	28
(B)(9) and (10) of this section. The end of every school zone may	29
be marked by a sign indicating the end of the zone. Nothing in	30
this section or in the manual and specifications for a uniform	31
system of traffic control devices shall be construed to require	32
school zones to be indicated by signs equipped with flashing or	33
other lights, or giving other special notice of the hours in which	34
the school zone speed limit is in effect.	35

(b) As used in this section and in section 4511.212 of the	36
Revised Code, "school" means any school chartered under section	37
3301.16 of the Revised Code and any nonchartered school that	38
during the preceding year filed with the department of education	39
in compliance with rule 3301-35-08 of the Ohio Administrative	40
Code, a copy of the school's report for the parents of the	41
school's pupils certifying that the school meets Ohio minimum	42
standards for nonchartered, nontax-supported schools and presents	43
evidence of this filing to the jurisdiction from which it is	44
requesting the establishment of a school zone. "School" also	45
includes a special elementary school that in writing requests the	46
county engineer of the county in which the special elementary	47
school is located to create a school zone at the location of that	48
school. Upon receipt of such a written request, the county	49
engineer shall create a school zone at that location by erecting	50
the appropriate signs.	51

(c) As used in this section, "school zone" means that portion	52
of a street or highway passing a school fronting upon the street	53
or highway that is encompassed by projecting the school property	54
lines to the fronting street or highway, and also includes that	55
portion of a state highway. Upon request from local authorities	56
for streets and highways under their jurisdiction and that portion	57
of a state highway under the jurisdiction of the director of	58
transportation or a request from a county engineer in the case of	59
a school zone for a special elementary school, the director may	60
extend the traditional school zone boundaries. The distances in	61
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	62
exceed three hundred feet per approach per direction and are	63
bounded by whichever of the following distances or combinations	64
thereof the director approves as most appropriate:	65

(i) The distance encompassed by projecting the school	66
building lines normal to the fronting highway and extending a	67
distance of three hundred feet on each approach direction;	68

(ii) The distance encompassed by projecting the school	69
property lines intersecting the fronting highway and extending a	70
distance of three hundred feet on each approach direction;	71

(iii) The distance encompassed by the special marking of the	72
pavement for a principal school pupil crosswalk plus a distance of	73
three hundred feet on each approach direction of the highway.	74

Nothing in this section shall be construed to invalidate the	75
director's initial action on August 9, 1976, establishing all	76
school zones at the traditional school zone boundaries defined by	77
projecting school property lines, except when those boundaries are	78
extended as provided in divisions (B)(1)(a) and (c) of this	79
section.	80

(d) As used in this division, "crosswalk" has the meaning	81
given that term in division (LL)(2) of section 4511.01 of the	82
Revised Code.	83

The director may, upon request by resolution of the	84
legislative authority of a municipal corporation, the board of	85
trustees of a township, or a county board of mental retardation	86
and developmental disabilities created pursuant to Chapter 5126.	87
of the Revised Code, and upon submission by the municipal	88
corporation, township, or county board of such engineering,	89
traffic, and other information as the director considers	90
necessary, designate a school zone on any portion of a state route	91
lying within the municipal corporation, lying within the	92
unincorporated territory of the township, or lying adjacent to the	93
property of a school that is operated by such county board, that	94
includes a crosswalk customarily used by children going to or	95
leaving a school during recess and opening and closing hours,	96
whenever the distance, as measured in a straight line, from the	97
school property line nearest the crosswalk to the nearest point of	98
the crosswalk is no more than one thousand three hundred twenty	99
feet. Such a school zone shall include the distance encompassed by	100
the crosswalk and extending three hundred feet on each approach	101
direction of the state route.	102

(e) As used in this section, "special elementary school"	103
means a school that meets all of the following criteria:	104

(i) It is not chartered and does not receive tax revenue from	105
any source.	106

(ii) It does not educate children beyond the eighth grade.

107

(iii) It is located outside the limits of a municipal	108
corporation.	109

(iv) A majority of the total number of students enrolled at	110
the school are not related by blood.	111

(v) The principal or other person in charge of the special	112
elementary school annually sends a report to the superintendent of	113
the school district in which the special elementary school is	114
located indicating the total number of students enrolled at the	115
school, but otherwise the principal or other person in charge does	116
not report any other information or data to the superintendent.	117

(2) Twenty-five miles per hour in all other portions of a	118
municipal corporation, except on state routes outside business	119
districts, through highways outside business districts, and	120
alleys;	121

(3) Thirty-five miles per hour on all state routes or through	122
highways within municipal corporations outside business districts,	123
except as provided in divisions (B)(4) and (6) of this section;	124

(4) Fifty miles per hour on controlled-access highways and	125
expressways within municipal corporations;	126

(5) Fifty-five miles per hour on highways outside municipal	127
corporations, other than highways within island jurisdictions as	128
provided in division (B)(8) of this section and freeways as	129
provided in divisions (B)(13), (14), and (14)(15) of this section;	130

(6) Fifty miles per hour on state routes within municipal	131
corporations outside urban districts unless a lower prima-facie	132
speed is established as further provided in this section;	133

(7) Fifteen miles per hour on all alleys within the municipal	134
corporation;	135

(8) Thirty-five miles per hour on highways outside municipal	136
corporations that are within an island jurisdiction;	137

(9) Fifty-five miles per hour at all times on freeways with	138
paved shoulders inside municipal corporations, other than freeways	139
as provided in divisions (B)(13), (14), and (14)(15) of this	140
section;	141

(10) Fifty-five miles per hour at all times on freeways	142
outside municipal corporations, other than freeways as provided in	143
divisions (B)(13), (14), and (14)(15) of this section;	144

(11) Fifty-five miles per hour at all times on all portions	145
of freeways that are part of the interstate system and on all	146
portions of freeways that are not part of the interstate system,	147
but are built to the standards and specifications that are	148
applicable to freeways that are part of the interstate system for	149
operators of any motor vehicle weighing in excess of eight	150
thousand pounds empty weight and any noncommercial bus, except as	151
provided in division (B)(14) of this section;	152

(12) Fifty-five miles per hour for operators of any motor	153
vehicle weighing eight thousand pounds or less empty weight and	154
any commercial bus at all times on all portions of freeways that	155
are part of the interstate system and that had such a speed limit	156
established prior to October 1, 1995, and freeways that are not	157
part of the interstate system, but are built to the standards and	158
specifications that are applicable to freeways that are part of	159
the interstate system and that had such a speed limit established	160
prior to October 1, 1995, unless a higher speed limit is	161
established under division (L) of this section;	162

(13) Sixty-five miles per hour for operators of any motor	163
vehicle weighing eight thousand pounds or less empty weight and	164
any commercial bus at all times on all portions of the following:	165

(a) Freeways that are part of the interstate system and that	166
had such a speed limit established prior to October 1, 1995, and	167
freeways that are not part of the interstate system, but are built	168
to the standards and specifications that are applicable to	169
freeways that are part of the interstate system and that had such	170
a speed limit established prior to October 1, 1995;	171

(b) Freeways that are part of the interstate system and	172
freeways that are not part of the interstate system but are built	173
to the standards and specifications that are applicable to	174
freeways that are part of the interstate system, and that had such	175
a speed limit established under division (L) of this section;	176

(c) Rural, divided, multi-lane highways that are designated	177
as part of the national highway system under the "National Highway	178
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	179
and that had such a speed limit established under division (M) of	180
this section.	181

(14) Sixty-five miles per hour at all times on all portions	182
of freeways that are part of the interstate system and that had	183
such a speed limit on the effective date of this amendment for	184
operators of any motor vehicle weighing in excess of eight	185
thousand pounds empty weight and any noncommercial bus;	186

(15) For operators of any motor vehicle weighing eight	187
thousand pounds or less empty weight and any commercial bus,	188
seventy miles per hour at all times on all portions of freeways	189
that are part of the interstate system and that have on the	190
effective date of this amendment a speed limit of sixty-five miles	191
per hour for operators of such motor vehicles.	192

(C) It is prima-facie unlawful for any person to exceed any	193
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	194
(6), (7), and (8) of this section, or any declared or established	195
pursuant to this section by the director or local authorities and	196
it is unlawful for any person to exceed any of the speed	197
limitations in division (D) of this section. No person shall be	198
convicted of more than one violation of this section for the same	199
conduct, although violations of more than one provision of this	200
section may be charged in the alternative in a single affidavit.	201

(D) No person shall operate a motor vehicle, trackless	202
trolley, or streetcar upon a street or highway as follows:	203

(1) At a speed exceeding fifty-five miles per hour, except	204
upon a freeway as provided in divisions (B)(13), (14), and	205
(14)(15) of this section;	206

(2) At a speed exceeding sixty-five miles per hour upon a	207
freeway as provided in divisions (B)(13) and (14) of this	208
section;	209

(3) If a motor vehicle weighing in excess of eight thousand	210
pounds empty weight or a noncommercial bus as prescribed in	211
division (B)(11) of this section, at a speed exceeding fifty-five	212
miles per hour upon a freeway as provided in that division;	213

(4) At a speed exceeding the posted speed limit upon a	214
freeway for which the director has determined and declared a speed	215
limit of not more than sixty-five miles per hour pursuant to	216
division (L)(2) or (M) of this section;	217

(5) At a speed exceeding sixty-five miles per hour upon a	218
freeway for which such a speed limit has been established through	219
the operation of division (L)(3) of this section;	220

(6) At a speed exceeding the posted speed limit upon a	221
freeway for which the director has determined and declared a speed	222
limit pursuant to division (I)(2) of this section;	223

(7) At a speed exceeding seventy miles per hour upon a	224
freeway as provided in division (B)(15) of this section.	225

(E) In every charge of violation of this section the	226
affidavit and warrant shall specify the time, place, and speed at	227
which the defendant is alleged to have driven, and in charges made	228
in reliance upon division (C) of this section also the speed which	229
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	230
declared or established pursuant to, this section declares is	231
prima-facie lawful at the time and place of such alleged	232
violation, except that in affidavits where a person is alleged to	233
have driven at a greater speed than will permit the person to	234
bring the vehicle to a stop within the assured clear distance	235
ahead the affidavit and warrant need not specify the speed at	236
which the defendant is alleged to have driven.	237

(F) When a speed in excess of both a prima-facie limitation	238
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	239
this section is alleged, the defendant shall be charged in a	240
single affidavit, alleging a single act, with a violation	241
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	242
(8) of this section, or of a limit declared or established	243
pursuant to this section by the director or local authorities,	244
and of the limitation in division (D)(1), (2), (3), (4), (5), or	245
(6) of this section. If the court finds a violation of division	246
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	247
declared or established pursuant to, this section has occurred,	248
it shall enter a judgment of conviction under such division and	249
dismiss the charge under division (D)(1), (2), (3), (4), (5), or	250
(6) of this section. If it finds no violation of division	251
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	252
declared or established pursuant to, this section, it shall then	253
consider whether the evidence supports a conviction under division	254
(D)(1), (2), (3), (4), (5), or (6) of this section.	255

(G) Points shall be assessed for violation of a limitation	256
under division (D) of this section in accordance with section	257
4510.036 of the Revised Code.	258

(H) Whenever the director determines upon the basis of a	259
geometric and traffic characteristic study that any speed limit	260
set forth in divisions (B)(1)(a) to (D) of this section is greater	261
or less than is reasonable or safe under the conditions found to	262
exist at any portion of a street or highway under the jurisdiction	263
of the director, the director shall determine and declare a	264
reasonable and safe prima-facie speed limit, which shall be	265
effective when appropriate signs giving notice of it are erected	266
at the location.	267

(I)(1) Except as provided in divisions (I)(2) and (K) of this	268
section, whenever local authorities determine upon the basis of an	269
engineering and traffic investigation that the speed permitted by	270
divisions (B)(1)(a) to (D) of this section, on any part of a	271
highway under their jurisdiction, is greater than is reasonable	272
and safe under the conditions found to exist at such location, the	273
local authorities may by resolution request the director to	274
determine and declare a reasonable and safe prima-facie speed	275
limit. Upon receipt of such request the director may determine and	276
declare a reasonable and safe prima-facie speed limit at such	277
location, and if the director does so, then such declared speed	278
limit shall become effective only when appropriate signs giving	279
notice thereof are erected at such location by the local	280
authorities. The director may withdraw the declaration of a	281
prima-facie speed limit whenever in the director's opinion the	282
altered prima-facie speed becomes unreasonable. Upon such	283
withdrawal, the declared prima-facie speed shall become	284
ineffective and the signs relating thereto shall be immediately	285
removed by the local authorities.	286

(2) A local authority may determine on the basis of a	287
geometric and traffic characteristic study that the speed limit of	288
sixty-five miles per hour on a portion of a freeway under its	289
jurisdiction that was established through the operation of	290
division (L)(3) of this section is greater than is reasonable or	291
safe under the conditions found to exist at that portion of the	292
freeway. If the local authority makes such a determination, the	293
local authority by resolution may request the director to	294
determine and declare a reasonable and safe speed limit of not	295
less than fifty-five miles per hour for that portion of the	296
freeway. If the director takes such action, the declared speed	297
limit becomes effective only when appropriate signs giving notice	298
of it are erected at such location by the local authority.	299

(J) Local authorities in their respective jurisdictions may	300
authorize by ordinance higher prima-facie speeds than those stated	301
in this section upon through highways, or upon highways or	302
portions thereof where there are no intersections, or between	303
widely spaced intersections, provided signs are erected giving	304
notice of the authorized speed, but local authorities shall not	305
modify or alter the basic rule set forth in division (A) of this	306
section or in any event authorize by ordinance a speed in excess	307
of fifty miles per hour.	308

Alteration of prima-facie limits on state routes by local	309
authorities shall not be effective until the alteration has been	310
approved by the director. The director may withdraw approval of	311
any altered prima-facie speed limits whenever in the director's	312
opinion any altered prima-facie speed becomes unreasonable, and	313
upon such withdrawal, the altered prima-facie speed shall become	314
ineffective and the signs relating thereto shall be immediately	315
removed by the local authorities.	316

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	317
section, "unimproved highway" means a highway consisting of any of	318
the following:	319

(a) Unimproved earth;

320

(b) Unimproved graded and drained earth;

321

(c) Gravel.

322

(2) Except as otherwise provided in divisions (K)(4) and (5)	323
of this section, whenever a board of township trustees determines	324
upon the basis of an engineering and traffic investigation that	325
the speed permitted by division (B)(5) of this section on any part	326
of an unimproved highway under its jurisdiction and in the	327
unincorporated territory of the township is greater than is	328
reasonable or safe under the conditions found to exist at the	329
location, the board may by resolution declare a reasonable and	330
safe prima-facie speed limit of fifty-five but not less than	331
twenty-five miles per hour. An altered speed limit adopted by a	332
board of township trustees under this division becomes effective	333
when appropriate traffic control devices, as prescribed in section	334
4511.11 of the Revised Code, giving notice thereof are erected at	335
the location, which shall be no sooner than sixty days after	336
adoption of the resolution.	337

(3)(a) Whenever, in the opinion of a board of township	338
trustees, any altered prima-facie speed limit established by the	339
board under this division becomes unreasonable, the board may	340
adopt a resolution withdrawing the altered prima-facie speed	341
limit. Upon the adoption of such a resolution, the altered	342
prima-facie speed limit becomes ineffective and the traffic	343
control devices relating thereto shall be immediately removed.	344

(b) Whenever a highway ceases to be an unimproved highway and	345
the board has adopted an altered prima-facie speed limit pursuant	346
to division (K)(2) of this section, the board shall, by	347
resolution, withdraw the altered prima-facie speed limit as soon	348
as the highway ceases to be unimproved. Upon the adoption of such	349
a resolution, the altered prima-facie speed limit becomes	350
ineffective and the traffic control devices relating thereto shall	351
be immediately removed.	352

(4)(a) If the boundary of two townships rests on the	353
centerline of an unimproved highway in unincorporated territory	354
and both townships have jurisdiction over the highway, neither of	355
the boards of township trustees of such townships may declare an	356
altered prima-facie speed limit pursuant to division (K)(2) of	357
this section on the part of the highway under their joint	358
jurisdiction unless the boards of township trustees of both of the	359
townships determine, upon the basis of an engineering and traffic	360
investigation, that the speed permitted by division (B)(5) of this	361
section is greater than is reasonable or safe under the conditions	362
found to exist at the location and both boards agree upon a	363
reasonable and safe prima-facie speed limit of less than	364
fifty-five but not less than twenty-five miles per hour for that	365
location. If both boards so agree, each shall follow the procedure	366
specified in division (K)(2) of this section for altering the	367
prima-facie speed limit on the highway. Except as otherwise	368
provided in division (K)(4)(b) of this section, no speed limit	369
altered pursuant to division (K)(4)(a) of this section may be	370
withdrawn unless the boards of township trustees of both townships	371
determine that the altered prima-facie speed limit previously	372
adopted becomes unreasonable and each board adopts a resolution	373
withdrawing the altered prima-facie speed limit pursuant to the	374
procedure specified in division (K)(3)(a) of this section.	375

(b) Whenever a highway described in division (K)(4)(a) of	376
this section ceases to be an unimproved highway and two boards of	377
township trustees have adopted an altered prima-facie speed limit	378
pursuant to division (K)(4)(a) of this section, both boards shall,	379
by resolution, withdraw the altered prima-facie speed limit as	380
soon as the highway ceases to be unimproved. Upon the adoption of	381
the resolution, the altered prima-facie speed limit becomes	382
ineffective and the traffic control devices relating thereto shall	383
be immediately removed.	384

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

385

(a) "Commercial subdivision" means any platted territory	386
outside the limits of a municipal corporation and fronting a	387
highway where, for a distance of three hundred feet or more, the	388
frontage is improved with buildings in use for commercial	389
purposes, or where the entire length of the highway is less than	390
three hundred feet long and the frontage is improved with	391
buildings in use for commercial purposes.	392

(b) "Residential subdivision" means any platted territory	393
outside the limits of a municipal corporation and fronting a	394
highway, where, for a distance of three hundred feet or more, the	395
frontage is improved with residences or residences and buildings	396
in use for business, or where the entire length of the highway is	397
less than three hundred feet long and the frontage is improved	398
with residences or residences and buildings in use for business.	399

Whenever a board of township trustees finds upon the basis of	400
an engineering and traffic investigation that the prima-facie	401
speed permitted by division (B)(5) of this section on any part of	402
a highway under its jurisdiction that is located in a commercial	403
or residential subdivision, except on highways or portions thereof	404
at the entrances to which vehicular traffic from the majority of	405
intersecting highways is required to yield the right-of-way to	406
vehicles on such highways in obedience to stop or yield signs or	407
traffic control signals, is greater than is reasonable and safe	408
under the conditions found to exist at the location, the board may	409
by resolution declare a reasonable and safe prima-facie speed	410
limit of less than fifty-five but not less than twenty-five miles	411
per hour at the location. An altered speed limit adopted by a	412
board of township trustees under this division shall become	413
effective when appropriate signs giving notice thereof are erected	414
at the location by the township. Whenever, in the opinion of a	415
board of township trustees, any altered prima-facie speed limit	416
established by it under this division becomes unreasonable, it may	417
adopt a resolution withdrawing the altered prima-facie speed, and	418
upon such withdrawal, the altered prima-facie speed shall become	419
ineffective, and the signs relating thereto shall be immediately	420
removed by the township.	421

(L)(1) Within one hundred twenty days of February 29, 1996,	422
the director of transportation, based upon a geometric and traffic	423
characteristic study of a freeway that is part of the interstate	424
system or that is not part of the interstate system, but is built	425
to the standards and specifications that are applicable to	426
freeways that are part of the interstate system, in consultation	427
with the director of public safety and, if applicable, the local	428
authority having jurisdiction over a portion of such freeway, may	429
determine and declare that the speed limit of less than sixty-five	430
miles per hour established on such freeway or portion of freeway	431
either is reasonable and safe or is less than that which is	432
reasonable and safe.	433

(2) If the established speed limit for such a freeway or	434
portion of freeway is determined to be less than that which is	435
reasonable and safe, the director of transportation, in	436
consultation with the director of public safety and, if	437
applicable, the local authority having jurisdiction over the	438
portion of freeway, shall determine and declare a reasonable and	439
safe speed limit of not more than sixty-five miles per hour for	440
that freeway or portion of freeway.	441

The director of transportation or local authority having	442
jurisdiction over the freeway or portion of freeway shall erect	443
appropriate signs giving notice of the speed limit at such	444
location within one hundred fifty days of February 29, 1996. Such	445
speed limit becomes effective only when such signs are erected at	446
the location.	447

(3) If, within one hundred twenty days of February 29, 1996,	448
the director of transportation does not make a determination and	449
declaration of a reasonable and safe speed limit for a freeway or	450
portion of freeway that is part of the interstate system or that	451
is not part of the interstate system, but is built to the	452
standards and specifications that are applicable to freeways that	453
are part of the interstate system and that has a speed limit of	454
less than sixty-five miles per hour, the speed limit on that	455
freeway or portion of a freeway shall be sixty-five miles per	456
hour. The director of transportation or local authority having	457
jurisdiction over the freeway or portion of the freeway shall	458
erect appropriate signs giving notice of the speed limit of	459
sixty-five miles per hour at such location within one hundred	460
fifty days of February 29, 1996. Such speed limit becomes	461
effective only when such signs are erected at the location. A	462
speed limit established through the operation of division (L)(3)	463
of this section is subject to reduction under division (I)(2) of	464
this section.	465

(M) Within three hundred sixty days after February 29, 1996,	466
the director of transportation, based upon a geometric and traffic	467
characteristic study of a rural, divided, multi-lane highway that	468
has been designated as part of the national highway system under	469
the "National Highway System Designation Act of 1995," 109 Stat.	470
568, 23 U.S.C.A. 103, in consultation with the director of public	471
safety and, if applicable, the local authority having jurisdiction	472
over a portion of the highway, may determine and declare that the	473
speed limit of less than sixty-five miles per hour established on	474
the highway or portion of highway either is reasonable and safe or	475
is less than that which is reasonable and safe.	476

If the established speed limit for the highway or portion of	477
highway is determined to be less than that which is reasonable and	478
safe, the director of transportation, in consultation with the	479
director of public safety and, if applicable, the local authority	480
having jurisdiction over the portion of highway, shall determine	481
and declare a reasonable and safe speed limit of not more than	482
sixty-five miles per hour for that highway or portion of highway.	483
The director of transportation or local authority having	484
jurisdiction over the highway or portion of highway shall erect	485
appropriate signs giving notice of the speed limit at such	486
location within three hundred ninety days after February 29, 1996.	487
The speed limit becomes effective only when such signs are erected	488
at the location.	489

(N)(1)(a) If the boundary of two local authorities rests on	490
the centerline of a highway and both authorities have jurisdiction	491
over the highway, the speed limit for the part of the highway	492
within their joint jurisdiction shall be either one of the	493
following as agreed to by both authorities:	494

(i) Either prima-facie speed limit permitted by division (B)	495
of this section;	496

(ii) An altered speed limit determined and posted in	497
accordance with this section.	498

(b) If the local authorities are unable to reach an	499
agreement, the speed limit shall remain as established and posted	500
under this section.	501

(2) Neither local authority may declare an altered	502
prima-facie speed limit pursuant to this section on the part of	503
the highway under their joint jurisdiction unless both of the	504
local authorities determine, upon the basis of an engineering and	505
traffic investigation, that the speed permitted by this section is	506
greater than is reasonable or safe under the conditions found to	507
exist at the location and both authorities agree upon a uniform	508
reasonable and safe prima-facie speed limit of less than	509
fifty-five but not less than twenty-five miles per hour for that	510
location. If both authorities so agree, each shall follow the	511
procedure specified in this section for altering the prima-facie	512
speed limit on the highway, and the speed limit for the part of	513
the highway within their joint jurisdiction shall be uniformly	514
altered. No altered speed limit may be withdrawn unless both local	515
authorities determine that the altered prima-facie speed limit	516
previously adopted becomes unreasonable and each adopts a	517
resolution withdrawing the altered prima-facie speed limit	518
pursuant to the procedure specified in this section.	519

(O) As used in this section:

520

(1) "Interstate system" has the same meaning as in 23	521
U.S.C.A. 101.	522

(2) "Commercial bus" means a motor vehicle designed for	523
carrying more than nine passengers and used for the transportation	524
of persons for compensation.	525

(3) "Noncommercial bus" includes but is not limited to a	526
school bus or a motor vehicle operated solely for the	527
transportation of persons associated with a charitable or	528
nonprofit organization.	529

(P)(1) A violation of any provision of this section is one of	530
the following:	531

(a) Except as otherwise provided in divisions (P)(1)(b),	532
(1)(c), (2), and (3) of this section, a minor misdemeanor;	533

(b) If, within one year of the offense, the offender	534
previously has been convicted of or pleaded guilty to two	535
violations of any provision of this section or of any provision of	536
a municipal ordinance that is substantially similar to any	537
provision of this section, a misdemeanor of the fourth degree;	538

(c) If, within one year of the offense, the offender	539
previously has been convicted of or pleaded guilty to three or	540
more violations of any provision of this section or of any	541
provision of a municipal ordinance that is substantially similar	542
to any provision of this section, a misdemeanor of the third	543
degree.	544

(2) If the offender has not previously been convicted of or	545
pleaded guilty to a violation of any provision of this section or	546
of any provision of a municipal ordinance that is substantially	547
similar to this section and operated a motor vehicle faster than	548
thirty-five miles an hour in a business district of a municipal	549
corporation, faster than fifty miles an hour in other portions of	550
a municipal corporation, or faster than thirty-five miles an hour	551
in a school zone during recess or while children are going to or	552
leaving school during the school's opening or closing hours, a	553
misdemeanor of the fourth degree.	554

(3) Notwithstanding division (P)(1) of this section, if the	555
offender operated a motor vehicle in a construction zone where a	556
sign was then posted in accordance with section 4511.98 of the	557
Revised Code, the court, in addition to all other penalties	558
provided by law, shall impose upon the offender a fine of two	559
times the usual amount imposed for the violation. No court shall	560
impose a fine of two times the usual amount imposed for the	561
violation upon an offender if the offender alleges, in an	562
affidavit filed with the court prior to the offender's sentencing,	563
that the offender is indigent and is unable to pay the fine	564
imposed pursuant to this division and if the court determines that	565
the offender is an indigent person and unable to pay the fine.	566

Section 2.  That existing section 4511.21 of the Revised Code	567
is hereby repealed.	568