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Sub. H. B. No. 514 As Reported by the Senate Highways and Transportation CommitteeAs Reported by the Senate Highways and Transportation Committee
|129th General Assembly|
Representatives Antonio, Barnes, Boyd, Celebrezze, Damschroder, Fende, Hackett, Kozlowski, Luckie, Mallory, Murray, O'Brien, Patmon, Ruhl, Sykes, Szollosi, Winburn, Yuko Speaker Batchelder
To amend sections 4511.01, 4511.04, 4511.213,
5501.03, and 5525.16 of the Revised Code to
authorize the Director of Transportation to enter
into an agreement or contract with any entity to
establish a traveler information program to
provide real-time traffic conditions and travel
time information at no cost to the traveler, to
require motor vehicle operators to take certain
actions upon approaching a highway maintenance
vehicle, and to modify the standard for
determining the amount of the performance and
payment bonds for certain Department of
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.01, 4511.04, 4511.213, 5501.03,
and 5525.16 of the Revised Code be amended to read as follows:
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code:
(A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except that "vehicle" does
not include any motorized wheelchair, any electric personal
assistive mobility device, any device that is moved by power
collected from overhead electric trolley wires or that is used
exclusively upon stationary rails or tracks, or any device, other
than a bicycle, that is moved by human power.
(B) "Motor vehicle" means every vehicle propelled or drawn by
power other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, road rollers,
traction engines, power shovels, power cranes, and other equipment
used in construction work and not designed for or employed in
general highway transportation, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery,
and trailers designed and used exclusively to transport a boat
between a place of storage and a marina, or in and around a
marina, when drawn or towed on a street or highway for a distance
of no more than ten miles and at a speed of twenty-five miles per
hour or less.
(C) "Motorcycle" means every motor vehicle, other than a
tractor, having a seat or saddle for the use of the operator and
designed to travel on not more than three wheels in contact with
the ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," or "motorcycle" without
regard to weight or brake horsepower.
(D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer.
(E) "Public safety vehicle" means any of the following:
(1) Ambulances, including private ambulance companies under
contract to a municipal corporation, township, or county, and
private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code;
(2) Motor vehicles used by public law enforcement officers or
other persons sworn to enforce the criminal and traffic laws of
(3) Any motor vehicle when properly identified as required by
the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or directives
of that service. The state fire marshal shall be designated by the
director of public safety as the certifying agency for all public
safety vehicles described in division (E)(3) of this section.
(4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding to
emergency calls in the fire department service when identified as
required by the director of public safety.
Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital.
(5) Vehicles used by the motor carrier enforcement unit for
the enforcement of orders and rules of the public utilities
commission as specified in section 5503.34 of the Revised Code.
(F) "School bus" means every bus designed for carrying more
than nine passengers that is owned by a public, private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a common
passenger carrier certified by the public utilities commission
unless such bus is devoted exclusively to the transportation of
children to and from a school session or a school function, and
"school bus" does not include a van or bus used by a licensed
child day-care center or type A family day-care home to transport
children from the child day-care center or type A family day-care
home to a school if the van or bus does not have more than fifteen
children in the van or bus at any time.
(G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having two
tandem wheels, or one wheel in the front and two wheels in the
rear, or two wheels in the front and one wheel in the rear, any of
which is more than fourteen inches in diameter.
(H) "Motorized bicycle" means any vehicle having either two
tandem wheels or one wheel in the front and two wheels in the
rear, that is capable of being pedaled and is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake horsepower and
is capable of propelling the vehicle at a speed of no greater than
twenty miles per hour on a level surface.
(I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads independently
of such other vehicles, and used principally for agricultural
(K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a taxicab
or motor vehicle used in a ridesharing arrangement, designed and
used for the transportation of persons for compensation.
(M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a "semitrailer" and a
vehicle of the dolly type, such as that commonly known as a
"trailer dolly," a vehicle used to transport agricultural produce
or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle designed and used exclusively to transport a boat between
a place of storage and a marina, or in and around a marina, when
drawn or towed on a street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour.
(N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle.
(O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally, of
sustaining themselves as beams between the supporting connections.
(P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private right-of-way.
(Q) "Railroad train" means a steam engine or an electric or
other motor, with or without cars coupled thereto, operated by a
(R) "Streetcar" means a car, other than a railroad train, for
transporting persons or property, operated upon rails principally
within a street or highway.
(S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks.
(T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an explosion
that contains any oxidizing and combustible units or other
ingredients in such proportions, quantities, or packing that an
ignition by fire, by friction, by concussion, by percussion, or by
a detonator of any part of the compound or mixture may cause such
a sudden generation of highly heated gases that the resultant
gaseous pressures are capable of producing destructive effects on
contiguous objects, or of destroying life or limb. Manufactured
articles shall not be held to be explosives when the individual
units contain explosives in such limited quantities, of such
nature, or in such packing, that it is impossible to procure a
simultaneous or a destructive explosion of such units, to the
injury of life, limb, or property by fire, by friction, by
concussion, by percussion, or by a detonator, such as fixed
ammunition for small arms, firecrackers, or safety fuse matches.
(U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device.
(V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W) "Person" means every natural person, firm,
co-partnership, association, or corporation.
(X) "Pedestrian" means any natural person afoot.
(Y) "Driver or operator" means every person who drives or is
in actual physical control of a vehicle, trackless trolley, or
(Z) "Police officer" means every officer authorized to direct
or regulate traffic, or to make arrests for violations of traffic
(AA) "Local authorities" means every county, municipal, and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB) "Street" or "highway" means the entire width between the
boundary lines of every way open to the use of the public as a
thoroughfare for purposes of vehicular travel.
(CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway.
(DD) "Private road or driveway" means every way or place in
private ownership used for vehicular travel by the owner and those
having express or implied permission from the owner but not by
(EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the berm
or shoulder. If a highway includes two or more separate roadways
the term "roadway" means any such roadway separately but not all
such roadways collectively.
(FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians.
(GG) "Laned highway" means a highway the roadway of which is
divided into two or more clearly marked lanes for vehicular
(HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code.
(II) "State highway" means a highway under the jurisdiction
of the department of transportation, outside the limits of
municipal corporations, provided that the authority conferred upon
the director of transportation in section 5511.01 of the Revised
Code to erect state highway route markers and signs directing
traffic shall not be modified by sections 4511.01 to 4511.79 and
4511.99 of the Revised Code.
(JJ) "State route" means every highway that is designated
with an official state route number and so marked.
(KK) "Intersection" means:
(1) The area embraced within the prolongation or connection
of the lateral curb lines, or, if none, the lateral boundary lines
of the roadways of two highways that join one another at, or
approximately at, right angles, or the area within which vehicles
traveling upon different highways that join at any other angle
might come into conflict. The junction of an alley or driveway
with a roadway or highway does not constitute an intersection
unless the roadway or highway at the junction is controlled by a
traffic control device.
(2) If a highway includes two roadways that are thirty feet
or more apart, then every crossing of each roadway of such divided
highway by an intersecting highway constitutes a separate
intersection. If both intersecting highways include two roadways
thirty feet or more apart, then every crossing of any two roadways
of such highways constitutes a separate intersection.
(3) At a location controlled by a traffic control signal,
regardless of the distance between the separate intersections as
described in division (KK)(2) of this section:
(a) If a stop line, yield line, or crosswalk has not been
designated on the roadway within the median between the separate
intersections, the two intersections and the roadway and median
constitute one intersection.
(b) Where a stop line, yield line, or crosswalk line is
designated on the roadway on the intersection approach, the area
within the crosswalk and any area beyond the designated stop line
or yield line constitute part of the intersection.
(c) Where a crosswalk is designated on a roadway on the
departure from the intersection, the intersection includes the
area that extends to the far side of the crosswalk.
(1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of the
(2) Any portion of a roadway at an intersection or elsewhere,
distinctly indicated for pedestrian crossing by lines or other
markings on the surface;
(3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing.
(MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times.
(NN) "Business district" means the territory fronting upon a
street or highway, including the street or highway, between
successive intersections within municipal corporations where fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character of
such territory is indicated by official traffic control devices.
(OO) "Residence district" means the territory, not comprising
a business district, fronting on a street or highway, including
the street or highway, where, for a distance of three hundred feet
or more, the frontage is improved with residences or residences
and buildings in use for business.
(PP) "Urban district" means the territory contiguous to and
including any street or highway which is built up with structures
devoted to business, industry, or dwelling houses situated at
intervals of less than one hundred feet for a distance of a
quarter of a mile or more, and the character of such territory is
indicated by official traffic control devices.
(QQ) "Traffic control device" means a flagger, sign, signal,
marking, or other device used to regulate, warn, or guide traffic,
placed on, over, or adjacent to a street, highway, private road
open to public travel, pedestrian facility, or shared-use path by
authority of a public agency or official having jurisdiction, or,
in the case of a private road open to public travel, by authority
of the private owner or private official having jurisdiction.
(RR) "Traffic control signal" means any highway traffic
signal by which traffic is alternately directed to stop and
permitted to proceed.
(SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(TT) "Traffic" means pedestrians, ridden or herded animals,
vehicles, streetcars, trackless trolleys, and other devices,
either singly or together, while using for purposes of travel any
highway or private road open to public travel.
(UU) "Right-of-way" means either of the following, as the
(1) The right of a vehicle, streetcar, trackless trolley, or
pedestrian to proceed uninterruptedly in a lawful manner in the
direction in which it or the individual is moving in preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
(2) A general term denoting land, property, or the interest
therein, usually in the configuration of a strip, acquired for or
devoted to transportation purposes. When used in this context,
right-of-way includes the roadway, shoulders or berm, ditch, and
slopes extending to the right-of-way limits under the control of
the state or local authority.
(VV) "Rural mail delivery vehicle" means every vehicle used
to deliver United States mail on a rural mail delivery route.
(WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession.
(XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban districts
and not intended for the purpose of through vehicular traffic, and
includes any street or highway that has been declared an "alley"
by the legislative authority of the municipal corporation in which
such street or highway is located.
(YY) "Freeway" means a divided multi-lane highway for through
traffic with all crossroads separated in grade and with full
control of access.
(ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade.
(AAA) "Thruway" means a through highway whose entire roadway
is reserved for through traffic and on which roadway parking is
(BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected.
(CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways.
(DDD) "Ridesharing arrangement" means the transportation of
persons in a motor vehicle where such transportation is incidental
to another purpose of a volunteer driver and includes ridesharing
arrangements known as carpools, vanpools, and buspools.
(EEE) "Motorized wheelchair" means any self-propelled vehicle
designed for, and used by, a handicapped person and that is
incapable of a speed in excess of eight miles per hour.
(FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
(GGG) "Multi-wheel agricultural tractor" means a type of
agricultural tractor that has two or more wheels or tires on each
side of one axle at the rear of the tractor, is designed or used
for drawing other vehicles or wheeled machinery, has no provision
for carrying loads independently of the drawn vehicles or
machinery, and is used principally for agricultural purposes.
(HHH) "Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.
(III) "Predicate motor vehicle or traffic offense" means any
of the following:
(1) A violation of section 4511.03, 4511.051, 4511.12,
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;
(2) A violation of division (A)(2) of section 4511.17,
divisions (A) to (D) of section 4511.51, or division (A) of
section 4511.74 of the Revised Code;
(3) A violation of any provision of sections 4511.01 to
4511.76 of the Revised Code for which no penalty otherwise is
provided in the section that contains the provision violated;
(4) A violation of a municipal ordinance that is
substantially similar to any section or provision set forth or
described in division (III)(1), (2), or (3) of this section.
(JJJ) "Road service vehicle" means wreckers, utility repair
vehicles, and state, county, and municipal service vehicles
equipped with visual signals by means of flashing, rotating, or
(KKK) "Beacon" means a highway traffic signal with one or
more signal sections that operate in a flashing mode.
(LLL) "Hybrid beacon" means a type of beacon that is
intentionally placed in a dark mode between periods of operation
where no indications are displayed and, when in operation,
displays both steady and flashing traffic control signal
(MMM) "Highway traffic signal" means a power-operated traffic
control device by which traffic is warned or directed to take some
specific action. "Highway traffic signal" does not include a
power-operated sign, steadily illuminated pavement marker, warning
light, or steady burning electric lamp.
(NNN) "Median" means the area between two roadways of a
divided highway, measured from edge of traveled way to edge of
traveled way, but excluding turn lanes. The width of a median may
be different between intersections, between interchanges, and at
opposite approaches of the same intersection.
(OOO) "Private road open to public travel" means a private
toll road or road, including any adjacent sidewalks that generally
run parallel to the road, within a shopping center, airport,
sports arena, or other similar business or recreation facility
that is privately owned but where the public is allowed to travel
without access restrictions. "Private road open to public travel"
includes a gated toll road but does not include a road within a
private gated property where access is restricted at all times, a
parking area, a driving aisle within a parking area, or a private
(PPP) "Shared-use path" means a bikeway outside the traveled
way and physically separated from motorized vehicular traffic by
an open space or barrier and either within the highway
right-of-way or within an independent alignment. A shared-use path
also may be used by pedestrians, including skaters, joggers, users
of manual and motorized wheelchairs, and other authorized
motorized and non-motorized users.
(QQQ) "Highway maintenance vehicle" means a vehicle used in
snow and ice removal or road surface maintenance, including a snow
plow, traffic line striper, road sweeper, mowing machine, asphalt
distributing vehicle, or other such vehicle designed for use in
specific highway maintenance activities.
Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to
4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code do
not apply to persons, teams, motor vehicles, and other equipment
while actually engaged in work upon the surface of a highway
within an area designated by traffic control devices, but apply to
such persons and vehicles when traveling to or from such work.
(B) The driver of a highway maintenance vehicle owned by this
state or any political subdivision of this state, while the driver
is engaged in the performance of official duties upon a street or
highway, provided the highway maintenance vehicle is equipped with
flashing lights and such other markings as are required by law and
such lights are in operation when the driver and vehicle are so
engaged, shall be exempt from criminal prosecution for violations
of sections 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,
4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to
5577.09 of the Revised Code.
(C)(1) This section does not exempt a driver of a highway
maintenance vehicle from civil liability arising from a violation
of section 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30,
4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or sections 5577.01
to 5577.09 of the Revised Code.
(2) This section does not exempt the driver of a vehicle that
is engaged in the transport of highway maintenance equipment from
criminal liability for a violation of sections 5577.01 to 5577.09
of the Revised Code.
(D) As used in this section, "highway maintenance vehicle"
means a vehicle used in snow and ice removal or road surface
maintenance, including a snow plow, traffic line striper, road
sweeper, mowing machine, asphalt distributing vehicle, or other
such vehicle designed for use in specific highway maintenance
Sec. 4511.213. (A) The driver of a motor vehicle, upon
approaching a stationary public safety vehicle,
vehicle, or a road service vehicle, or highway maintenance
vehicle, that is displaying the appropriate visual signals by
means of flashing, oscillating, or rotating lights, as prescribed
in section 4513.17 of the Revised Code, shall do either of the
(1) If the driver of the motor vehicle is traveling on a
highway that consists of at least two lanes that carry traffic in
the same direction of travel as that of the driver's motor
vehicle, the driver shall proceed with due caution and, if
possible and with due regard to the road, weather, and traffic
conditions, shall change lanes into a lane that is not adjacent to
that of the stationary public safety vehicle,
vehicle, or a road service vehicle, or highway maintenance
(2) If the driver is not traveling on a highway of a type
described in division (A)(1) of this section, or if the driver is
traveling on a highway of that type but it is not possible to
change lanes or if to do so would be unsafe, the driver shall
proceed with due caution, reduce the speed of the motor vehicle,
and maintain a safe speed for the road, weather, and traffic
(B) This section does not relieve the driver of a public
an emergency vehicle, or a road service vehicle,
or highway maintenance vehicle from the duty to drive with due
regard for the safety of all persons and property upon the
(C) No person shall fail to drive a motor vehicle in
compliance with division (A)(1) or (2) of this section when so
required by division (A) of this section.
(D)(1) Except as otherwise provided in this division, whoever
violates this section is guilty of a minor misdemeanor. If, within
one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more
predicate motor vehicle or traffic offenses, whoever violates this
section is guilty of a misdemeanor of the third degree.
(2) Notwithstanding section 2929.28 of the Revised Code, upon
a finding that a person operated a motor vehicle in violation of
division (C) of this section, the court, in addition to all other
penalties provided by law, shall impose a fine of two times the
usual amount imposed for the violation.
Sec. 5501.03. (A) The department of transportation shall:
(1) Exercise and perform such other duties, powers, and
functions as are conferred by law on the director, the department,
the assistant directors, the deputy directors, or on the divisions
of the department;
(2) Coordinate and develop, in cooperation with local,
regional, state, and federal planning agencies and authorities,
comprehensive and balanced state policy and planning to meet
present and future needs for adequate transportation facilities in
this state, including recommendations for adequate funding of the
implementation of such planning;
(3) Coordinate its activities with those of other appropriate
state departments, public agencies, and authorities, and enter
into any contracts with such departments, agencies, and
authorities as may be necessary to carry out its duties, powers,
(4) Cooperate with and assist the public utilities commission
in the commission's administration of sections 4907.47 to 4907.476
of the Revised Code, particularly with respect to the federal
(5) Cooperate with and assist the Ohio power siting board in
the board's administration of Chapter 4906. of the Revised Code;
(6) Give particular consideration to the development of
policy and planning for public transportation facilities, and to
the coordination of associated activities relating thereto, as
prescribed under divisions (A)(2) and (3) of this section;
(7) Conduct, in cooperation with the Ohio legislative service
commission, any studies or comparisons of state traffic laws and
local traffic ordinances with model laws and ordinances that may
be required to meet program standards adopted by the United States
department of transportation pursuant to the "Highway Safety Act
of 1966," 80 Stat. 731, U.S.C.A. 401;
(8) Prepare, print, distribute, and advertise books, maps,
pamphlets, and other information that, in the judgment of the
director, will inform the public and other governmental
departments, agencies, and authorities as to the duties, powers,
and functions of the department;
(9) In its research and development program, consider
technologies for improving roadways, including construction
techniques and materials to prolong project life, being used or
developed by other states that have geographic, geologic, or
climatic features similar to this state's, and collaborate with
those states in that development.
(B) Nothing contained in division (A)(1) of this section
shall be held to in any manner affect, limit, restrict, or
otherwise interfere with the exercise of powers relating to
transportation facilities by appropriate agencies of the federal
government, or by counties, municipal corporations, or other
political subdivisions or special districts in this state
authorized by law to exercise such powers.
(C) The department may use all appropriate sources of revenue
to assist in the development and implementation of rail service as
defined by division (C) of section 4981.01 of the Revised Code.
(D) The director of transportation may enter into contracts
with public agencies including political subdivisions, other state
agencies, boards, commissions, regional transit authorities,
county transit boards, and port authorities, to administer the
design, qualification of bidders, competitive bid letting,
construction inspection, and acceptance of any projects
administered by the department, provided the administration of
such projects is performed in accordance with all applicable state
and federal laws and regulations with oversight by the department.
(E) The director may enter into cooperative or contractual
agreements with any individual, organization, or business related
to the creation or promotion of a traveler information program.
The traveler information program shall provide real-time traffic
conditions and travel time information to travelers at no cost to
the traveler. The director may contract with a program manager for
the traveler information program. The program manager shall be
responsible for all costs associated with the development and
operation of the traveler information program. The compensation
due to a program manager or vendor under any of these agreements
may include deferred compensation in an amount determined by the
director. Excess revenue shall be remitted to the department for
deposit into the highway operating fund.
(F) Any materials or data submitted to, made available to, or
received by the director of transportation, to the extent that the
materials or data consist of trade secrets, as defined in section
1333.61 of the Revised Code, or commercial or financial
information, are confidential and are not public records for the
purposes of section 149.43 of the Revised Code.
Sec. 5525.16. (A) Before entering into a contract, the
director of transportation shall require a contract performance
bond and a payment bond with sufficient sureties, as follows:
(1) A contract performance bond in an amount equal to one
hundred per cent of the
estimated cost of the work contract
amount, conditioned, among other things, that the contractor will
perform the work upon the terms proposed, within the time
prescribed, and in accordance with the plans and specifications,
will indemnify the state against any damage that may result from
any failure of the contractor to so perform, and, further, in case
of a grade separation will indemnify any railroad company involved
against any damage that may result by reason of the negligence of
the contractor in making the improvement.
(2) A payment bond in an amount equal to one hundred per cent
estimated cost of the work contract amount, conditioned for
the payment by the contractor and all subcontractors for labor or
work performed or materials furnished in connection with the work,
improvement, or project involved.
(B) In no case is the state liable for damages sustained in
the construction of any work, improvement, or project under this
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and
5535. of the Revised Code.
This section does not require the director to take bonds as
described in division (A) of this section in connection with any
force account work, but the director may require those bonds in
connection with force account work.
If any bonds taken under this section are executed by a
surety company, the director may not approve such bonds unless
there is attached a certificate of the superintendent of insurance
that the company is authorized to transact business in this state,
and a copy of the power of attorney of the agent of the company.
The superintendent, upon request, shall issue to any licensed
agent of such company the certificate without charge.
The bonds required to be taken under this section shall be
executed by the same surety, approved by the director as to
sufficiency of the sureties, and be in the form prescribed by the
(C) Any person to whom any money is due for labor or work
performed or materials furnished in connection with a work,
improvement, or project, at any time after performing the labor or
furnishing the materials but not later than ninety days after the
acceptance of the work, improvement, or project by the director,
may furnish to the sureties on the payment bond a statement of the
amount due the person. If the indebtedness is not paid in full at
the expiration of sixty days after the statement is furnished, the
person may commence an action in the person's own name upon the
bond as provided in sections 2307.06 and 2307.07 of the Revised
An action shall not be commenced against the sureties on a
payment bond until sixty days after the furnishing of the
statement described in this section or, notwithstanding section
2305.12 of the Revised Code, later than one year after the date of
the acceptance of the work, improvement, or project.
(D) As used in this section, "improvement," "subcontractor,"
"material supplier," and "materials" have the same meanings as in
section 1311.01 of the Revised Code, and "contractor" has the same
meaning as "original contractor" as defined in that section.
Section 2. That existing sections 4511.01, 4511.04,
4511.213, 5501.03, and 5525.16 of the Revised Code are hereby