As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 174

Senators Fedor, Wagoner 

Cosponsors: Senators Miller, D., Miller, R., Turner, Schiavoni, Morano, Wilson, Sawyer, Goodman, Gibbs, Patton, Gillmor, Schuring, Smith, Strahorn, Cafaro, Kearney, Hughes 

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A BILL

To amend section 4511.27 of the Revised Code to

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establish a safe passing distance between a motor

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vehicle and a bicycle.

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

Section 1. That section 4511.27 of the Revised Code be	4
amended to read as follows:	5

Sec. 4511.27.  (A) The following rules govern the overtaking	6
and passing of vehicles or trackless trolleys proceeding in the	7
same direction:	8

(1) The operator of a vehicle or trackless trolley overtaking	9
another vehicle or trackless trolley proceeding in the same	10
direction shall, except as provided in division (A)(3) of this	11
section, signal to the vehicle or trackless trolley to be	12
overtaken, shall pass to the left thereof at a safe distance, and	13
shall not again drive to the right side of the roadway until	14
safely clear of the overtaken vehicle or trackless trolley. When a	15
motor vehicle overtakes a bicycle, the safe passing distance shall	16
be not less than three feet.	17

(2) Except when overtaking and passing on the right is	18
permitted, theThe operator of an overtaken vehicle shall give way	19
to the right in favor of the overtaking vehicle at the latter's	20
audible signal, and the operator shall not increase the speed of	21
the operator's vehicle until completely passed by the overtaking	22
vehicle.	23

(3) The operator of a vehicle or trackless trolley overtaking	24
and passing another vehicle or trackless trolley proceeding in the	25
same direction on a divided highway as defined in section 4511.35	26
of the Revised Code, a limited access highway as defined in	27
section 5511.02 of the Revised Code, or a highway with four or	28
more traffic lanes, is not required to signal audibly to the	29
vehicle or trackless trolley being overtaken and passed.	30

(B) Except as otherwise provided in this division, whoever	31
violates this section is guilty of a minor misdemeanor. If, within	32
one year of the offense, the offender previously has been	33
convicted of or pleaded guilty to one predicate motor vehicle or	34
traffic offense, whoever violates this section is guilty of a	35
misdemeanor of the fourth degree. If, within one year of the	36
offense, the offender previously has been convicted of two or more	37
predicate motor vehicle or traffic offenses, whoever violates this	38
section is guilty of a misdemeanor of the third degree.	39

Section 2. That existing section 4511.27 of the Revised Code	40
is hereby repealed.	41