TITLE TWO - Administration, Enforcement and Penalties

Chap. 402. Definitions. 
Chap. 404. Enforcement; Impounding. 
Chap. 406. Traffic Control. 
Chap. 408. Penalties.

TITLE FOUR - Public Ways and Traffic-Control Devices

Chap. 412. Obstruction and Special Uses of Public Ways. 
Chap. 414. Traffic-Control Devices. 
Chap. 416. Pedestrians.

TITLE SIX - Operation and Vehicles

Chap. 432. Operation Generally. 
Chap. 434. O.V.I.; Reckless Operation; Speed. 
Chap. 436. Licensing; Accidents. 
Chap. 438. Safety and Equipment. 
Chap. 440. Commercial and Heavy Vehicles. 
Chap. 442. Drivers of Commercial Vehicles. 
Chap. 444. Bicycles and Motorcycles Generally. 
Chap. 446. Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles.

TITLE EIGHT - Parking

Chap. 452. Parking Generally.

APPENDIX A - Local Regulations

APPENDIX B - Parking Schedules

TITLE TWO - Administration, Enforcement and Penalties

CHAPTER 402 - Definitions

CROSS REFERENCES

See section histories for similar State law Blind person defined - see TRAF. 416.02 
Funeral procession defined - see TRAF. 432.23 
Street racing defined - see TRAF. 434.09 
Commercial car defined - see TRAF. 442.01
Snowmobile, off-highway motorcycle and all-purpose vehicle defined - see TRAF. 446.01

402.01 MEANING OF WORDS AND PHRASES. 

402.02 AGRICULTURAL TRACTOR; MULTI-WHEEL AGRICULTURAL TRACTOR. 

402.03 ALLEY. 

"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 any street or highway that has been declared an "alley" by the Council. (ORC 4511.01(XX))

402.04 ARTERIAL STREET. 

"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. (ORC 4511.01(CCC))

402.05 BICYCLE.

 "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 either two tandem wheels, or one wheel in the front and two wheels in the rear, any of which is more than 14 inches in diameter. (ORC 4511.01(G))

402.06 BUS. 

"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. (ORC 4511.01(L))

402.07 BUSINESS DISTRICT. 

"Business district" means the territory fronting upon a street or highway, including the street or highway, between successive intersections within the Municipality, where 50% or more of the frontage between successive intersections is occupied by buildings in use for business, or within or outside the Municipality where 50% or more of the frontage for a distance of 300 feet or more is occupied by buildings in use for business, and the character of the territory is indicated by official traffic-control devices. (ORC 4511.01(NN))

402.08 CHAUFFEURED LIMOUSINE. 

"Chauffeured limousine" means a motor vehicle that is designed to carry nine or fewer passengers and is operated for hire on an hourly basis pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person hiring the vehicle and not over a defined and regular route. "Prearranged contract" means an agreement, made in advance of boarding, to provide transportation from a specific location in an chauffeured limousine at a fixed rate per hour or trip. "Chauffeured limousine" does not include any vehicle that is used exclusively in the business of funeral directing. (ORC 4501.01(LL))

402.09 CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME. 

"Child day-care center" and "Type A family day-care home" have the same meanings as set forth in Ohio R.C. 5104.01. (ORC 4511.01(FFF))

402.10 COMMERCIAL TRACTOR. 

"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 the other vehicles, or the load thereon, or both. (ORC 4511.01(I))

402.11 CONTROLLED-ACCESS HIGHWAY. 

"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 or access to or from the same except at certain points only and in a manner as may be determined by the public authority having jurisdiction over the street or highway. (ORC 4511.01(CC))

402.12 CROSSWALK. 

"Crosswalk" means: 

402.13 DRIVER OR OPERATOR. 

"Driver" or "operator" means every person who drives or is in actual physical control of a vehicle. (ORC 4511.01(Y))

402.14 EMERGENCY VEHICLE. 

"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. (ORC 4511.01(D))

402.15 EXPLOSIVES. 

"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 a sudden generation of highly heated gases, such 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 limited quantities of such nature or in such packing that it is impossible to procure a simultaneous or a destructive explosion of the units, to the injury of life, limb, or property by fire, friction, concussion, percussion, or by a detonator, such as fixed ammunition for small arms, firecrackers, or safety fuse matches. (ORC 4511.01(T))

402.16 EXPRESSWAY. 

"Expressway" means a divided arterial highway for through traffic with full or partial control of access with an excess of 50% of all crossroads separated in grade. (ORC 4511.01(ZZ))

402.17 FLAMMABLE LIQUID. 

'Flammable liquid" means any liquid which has a flash point of 70 F or less, as determined by a Tagliabue or equivalent closed cup test device. (ORC 4511.01(U))

402.18 FREEWAY. 

"Freeway" means a divided multi-lane highway for through traffic with crossroads separated in grade and with full control of access. (ORC 4511.01(YY))

402.185 FUNERAL ESCORT VEHICLE. 

:Funeral escort vehicle" means any motor vehicle, including a funeral hearse, while used to facilitate the movement of a funeral procession. (ORC 4511.01(WW))

402.19 GROSS WEIGHT. 

"Gross weight" means the weight of a vehicle plus the weight of any load thereon. (ORC 4511.01(V))

402.20 INTERSECTION. 

"Intersection" means: 

402.21 LANED HIGHWAY. 

"Laned highway" means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (ORC 4511.01(GG))

402.215 LOCAL AUTHORITIES

"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. (ORC 4511.01(AA))

402.22 MOTOR VEHICLE. 

"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 25 miles per hour or less. (ORC 4511.01(B))

402.23 MOTORCYCLE. 

"Motorcycle" means every motor vehicle other than a tractor having a 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. (ORC 4511.01(C))

402.24 MOTORIZED BICYCLE. 

"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 50 cubic centimeters piston displacement which produces no more than one brake horsepower, and is capable of propelling the vehicle at a speed of no greater than 20 miles per hour on a level surface. (ORC 4511.01(H))

402.25 MOTORIZED WHEELCHAIR. 

"Motorized wheelchair" means any self-propelled vehicle designed for, and used by, a person with a disability and that is incapable of a speed in excess of eight miles per hour. (ORC 4511.01(EEE))

402.255 OPERATE. 

"Operate" means to cause or have caused movement of a vehicle. (ORC 4511.01(HHH))

402.26 PARKING. 

"Parking," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

402.27 PEDESTRIAN. 

"Pedestrian" means any natural person afoot. (ORC 4511.01(X))

402.28 PERSON. 

"Person" means every natural person, firm, partnership, association or corporation. (ORC 4511.01(W))

402.29 POLE TRAILER. 

"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. (ORC 4511.01(O))

402.30 POLICE OFFICER. 

"Police officer" means every officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations. (ORC 4511.01(Z))

402.305 PREDICATE MOTOR VEHICLE OR TRAFFIC OFFENSE. 

"Predicate motor vehicle or traffic offense" means any of the following: 

402.31 PRIVATE ROAD OR DRIVEWAY. 

"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 other persons. (ORC 4511.01(DD))

402.32 PUBLIC SAFETY VEHICLE. 

"Public safety vehicle" means any of the following: 

402.33 RAILROAD. 

"Railroad" means a carrier of persons or property operating upon rails placed principally on a private right-of-way. (ORC 4511.01(P))

402.34 RAILROAD SIGN OR SIGNAL. 

"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. (ORC 4511.01(SS))

402.35 RAILROAD TRAIN. 

"Railroad train" means a steam engine or an electric or other motor, with or without cars coupled thereto, operated by a railroad. (ORC 4511.01(Q))

402.36 RESIDENCE DISTRICT.

"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 300 feet or more, the frontage is improved with residences or residences and buildings in use for business. (ORC 4511.01(OO))

402.37 RIDESHARING ARRANGEMENT. 

"Ridesharing arrangement" includes the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools. (ORC 4511.01(DDD))

402.38 RIGHT-OF-WAY. 

"Right-of-way" means either of the following, as the context requires:

402.39 ROADWAY. 

"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 roadway separately, but not all the roadways collectively. (ORC 4511.01(EE))

402.395 RURAL MAIL DELIVERY VEHICLE. 

"Rural mail delivery vehicle" means every vehicle used to deliver United States mail on a rural mail delivery route. (ORC 4511.01(VV))

402.40 SAFETY ZONE. 

"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 so as to be plainly visible at all times. (ORC 4511.01(MM))

402.41 SCHOOL BUS. 

"School bus" means every bus designed for carrying more than nine passengers which 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 Municipality, or within such limits and the territorial limits of municipalities immediately contiguous to the Municipality, nor a common passenger carrier certified by the Public Utilities Commission unless the 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 15 children in the van or bus at any time. (ORC 4511.01(F))

402.42 SEMITRAILER. 

"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. (ORC 4511.01(N))

402.43 SIDEWALK. 

"Sidewalk" means that portion of a street between the curb lines, or the lateral line of a roadway, and the adjacent property lines, intended for the use of pedestrians. (ORC 4511.01(FF))

402.435 STATE HIGHWAY. 

"State highway" means a highway under the jurisdiction of the Department of Transportation, outside the limits of municipalities, provided that the authority conferred upon the Director of Transportation in Ohio R.C. 5511.01 to erect State highway route markers and signs directing traffic shall not be modified by Ohio R.C. 4511.01 through 4511.79 and 4511.99. (ORC 4511.01(II))

402.44 STATE ROUTE. 

"State route" means every highway which is designated with an official State route number and so marked. (ORC 4511.01(JJ))

402.45 STOP. 

"Stop," when required, means a complete cessation of movement.

402.46 STOP INTERSECTION. 

"Stop intersection" means any intersection at one or more entrances of which stop signs are erected. (ORC 4511.01(BBB))

402.47 STOPPING AND STANDING. 

"Stopping" and "standing," when prohibited, mean any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device.

402.48 STREET OR HIGHWAY. 

"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. (ORC 4511.01(BB))

402.49 THROUGH STREET OR HIGHWAY. 

"Through street or highway" means every street or highway as provided in Ohio R.C. 4511.65, or a substantially equivalent municipal ordinance. (ORC 4511.01(HH))

402.50 THRUWAY. 

"Thruway" means a through street or highway whose entire roadway is reserved for through traffic and on which roadway parking is prohibited. (ORC 4511.01(AAA))

402.51 TRAFFIC. 

"Traffic" means pedestrians, ridden or herded animals, vehicles and other devices, either singly or together, while using any highway for purposes of travel. (ORC 4511.01(TT))

402.52 TRAFFIC-CONTROL DEVICES. 

"Traffic-control devices" means all flagpersons, signs, signals, markings, and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic, including signs denoting names of streets and highways. (ORC 4511.01(QQ))

402.53 TRAFFIC-CONTROL SIGNAL. 

"Traffic-control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop, to proceed, to change direction, or not to change direction. (ORC 4511.01(RR))

402.54 TRAILER. 

"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 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 25 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 25 miles per hour. (ORC 4511.01(M))

402.55 TRUCK. 

"Truck" means every motor vehicle, except trailers and semitrailers, designed and used to carry property. (ORC 4511.01(K))

402.56 URBAN DISTRICT. 

"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 100 feet for a distance of one-quarter of a mile or more, and the character of the territory is indicated by official traffic-control devices. (ORC 4511.01(PP))

402.57 VEHICLE. 

"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 wire or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. (ORC 4511.01(A))

CHAPTER 404 Enforcement; Impounding

404.01 Police may remove ignition key. 
404.02 Resisting an enforcing official. 
404.03 Road workers, motor vehicles and equipment excepted. 
404.04 Emergency, public safety and coroners' vehicles excepted. 
404.05 Application to persons riding, driving animals upon roadway.
404.06 Application to drivers of government vehicles. 
404.07 Impounding of vehicles; redemption. 
404.08 Traffic direction in emergencies; obedience to school guards. 
404.09 Furnishing false information incident to traffic citation. 
404.99 Penalty.

CROSS REFERENCES

See section histories for similar State law Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.61 et seq. 
Burden of proof - see Ohio R.C. 2901.05 
Arrest without warrant for misdemeanor - see Ohio R.C. 2935.03 
Right of trial by jury - see Ohio R.C. 2945.17 Time within which hearing or trial must be held - see Ohio R.C. 2945.71 
Extension of time for hearing or trial - see Ohio R.C. 2945.72 
Discharge for delay in trial - see Ohio R.C. 2945.73 State point system suspension - see Ohio R.C. 4507.021 
Power of trial court of record to suspend license for certain violations - see Ohio R.C. 4510.05, 4510.15 
Uniform application of Ohio Traffic Law - see Ohio R.C. 4511.06 
Use of private property for vehicular travel - see Ohio R.C. 4511.08 
Authority of arresting officer when radar, electrical or mechanical timing device used - see Ohio R.C. 4511.091 
Marking motor vehicles used by traffic officers - see Ohio R.C. 4549.13 
Distinctive uniform required for traffic officers - see Ohio R.C. 4549.15 
Exceptions for emergency or public safety vehicles - see TRAF. 432.19, 434.07 
Suspension of riding privileges; impounding of bicycles - see TRAF. 444.10 
Parking violations waiver - see TRAF. 452.14 
Limitation on criminal prosecutions - see GEN. OFF. 606.06 
Failure to aid a law enforcement officer - see GEN. OFF. 608.05 
Obstructing official business - see GEN. OFF. 608.06 
Obstructing justice - see GEN. OFF. 608.07 
Resisting arrest - see GEN. OFF. 608.08 
Soliciting or receiving improper compensation - see GEN. OFF. 608.11
Dereliction of duty - see GEN. OFF. 608.12 
Disposition of unclaimed or forfeited property held by Police Department - see GEN. OFF. 608.16

404.01 POLICE MAY REMOVE IGNITION KEY. 

A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway. The officer removing the key shall place notification upon the vehicle detailing his or her name and badge number, the place where the key may be reclaimed, and the procedure for reclaiming the key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership. (ORC 4549.05)

404.02 RESISTING AN ENFORCING OFFICIAL. 

404.03 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED. 

404.04 EMERGENCY, PUBLIC SAFETY AND CORONERS' VEHICLES EXCEPTED. 

404.05 APPLICATION TO PERSONS RIDING, DRIVING ANIMALS UPON ROADWAY. 

Every person riding, driving, or leading an animal upon a roadway is subject to the provisions of this Traffic Code, applicable to the driver of a vehicle, except those provisions of this Traffic Code which by their nature are inapplicable. (ORC 4511.05)

404.06 APPLICATION TO DRIVERS OF GOVERNMENT VEHICLES.

The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the drivers of all vehicles owned or operated by the United States, any State or any political subdivision thereof, including this Municipality, except as may be otherwise provided by law and subject to such specific exceptions as are set forth with reference to authorized emergency and public safety vehicles.

404.07 IMPOUNDING OF VEHICLES; REDEMPTION. 

404.08 TRAFFIC DIRECTION IN EMERGENCIES; OBEDIENCE TO SCHOOL GUARDS. 

404.09 FURNISHING FALSE INFORMATION INCIDENT TO TRAFFIC CITATION. 

404.99 PENALTY. 

(Editor's note: See  408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 406 Traffic Control

406.01 Authority and considerations for placement of devices. 
406.02 Conformity with State Manual. 
406.03 Powers of designated person. 
406.04 Posting of signs and signals required. 
406.05 Designated person's powers not limited.
406.06 Records of designated person. 
406.07 Reservation of power to Council. 
406.08 Violations subject to general code penalty.

CROSS REFERENCES

Power to designate highway as a freeway, expressway or thruway - see Ohio R.C. 4511.011 
Uniform system of traffic-control devices - see Ohio R.C. 4511.09, 4511.11 
Placing and maintaining local traffic-control devices- see Ohio R.C. 4511.10, 4511.11 
Alteration of prima facie speed limits - see Ohio R.C. 4511.21, 4511.22, 4511.23 
Power to erect stop signs at grade crossings - see Ohio R.C. 4511.61 
Designation of through streets and erection of stop or yield signs - see Ohio R.C. 4511.65 
Traffic-control devices defined - see TRAF. 402.52

406.01 AUTHORITY AND CONSIDERATIONS FOR PLACEMENT OF DEVICES. 

Council may designate a person to place and maintain traffic-control devices upon any street or highway under Municipal jurisdiction as are necessary to effectuate the provisions of this Traffic Code, or to regulate, warn or guide traffic, and such other traffic-control devices as such person shall deem necessary for the proper control of traffic. Such designated person shall determine the location, timing and coordination of such traffic-control devices upon the basis of an applicable engineering or traffic investigation and shall consider the following: 

406.02 CONFORMITY WITH STATE MANUAL. 

All traffic-control devices placed pursuant to the provisions of this Traffic Code shall conform to the Ohio Manual and Specifications for a Uniform System of Traffic-Control Devices, as set forth in Ohio R.C.

406.03 POWERS OF DESIGNATED PERSON. 

The person designated by Council pursuant to 406.01 is hereby authorized to: 

406.04 POSTING OF SIGNS AND SIGNALS REQUIRED. 

No provision of this chapter shall be effective until signs, signals, markings or other devices giving notice of such local traffic regulations are posted upon or at the entrance to the street or part thereof affected, as may be most appropriate, so that in a proper position they are sufficiently legible to be seen by an ordinarily observant person.

406.05 DESIGNATED PERSON'S POWERS NOT LIMITED. 

The powers of the person designated by Council pursuant to 406.01 shall not be limited by the specific enumeration of subjects contained in this chapter.

406.06 RECORDS OF DESIGNATED PERSON.

 The person designated by Council pursuant to  406.01 shall keep a record of all rules, regulations and proceedings promulgated in connection with this chapter.

406.07 RESERVATION OF POWER TO COUNCIL. 

Notwithstanding the provisions of this chapter, Council may override any decision of the person designated by Council pursuant to 406.01 and may assume any of the powers delegated to such person, by a resolution adopted by a vote of a majority of the members duly elected thereto. Upon the adoption of any such resolution, the same may be changed only by an amending or repealing resolution adopted by Council.

406.08 VIOLATIONS SUBJECT TO GENERAL CODE PENALTY. 

Any person violating the rules and regulations promulgated in connection with this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties provided for in 408.01 and 408.02.

CHAPTER 408 Penalties

408.01 Penalties for misdemeanor. 
408.02 General code penalty.
408.03 Suspension of driver's license.

CROSS REFERENCES

See section histories for similar State law Definition of "imprisoned" - see Ohio R.C. 1.05 
Satisfaction of fine; credit for time served - see Ohio R.C. 2947.14 
Criteria for probation; conditions for probation - see Ohio R.C. 2951.02 
Definition of "dangerous offender" - see GEN. OFF. 698.01 
Definition of "repeat offender" - see GEN. OFF. 698.01 
Imposing sentence for misdemeanor - see GEN. OFF. 698.03 
Organizational penalties - see GEN. OFF. 698.04 
Multiple sentences - see GEN. OFF. 698.05

408.01 PENALTIES FOR MISDEMEANOR. 

Whoever is convicted of or pleads guilty to a misdemeanor, or minor misdemeanor shall be sentenced in accordance with 698.02.

408.02 GENERAL CODE PENALTY. 

Whoever violates any provision of this Traffic Code for which no penalty otherwise is provided in the section violated is guilty of one of the following: 

408.03 SUSPENSION OF DRIVER'S LICENSE.

Except as otherwise provided in Ohio R.C. 4510.07 or in any other provision of the Revised Code, whenever an offender is convicted of or pleads guilty to a violation of any provision of this Traffic Code that is substantially equivalent to a provision of the Revised Code, and a court is permitted or required to suspend a person's driver's or commercial driver's license or permit for a violation of that provision, a court, in addition to any other penalties authorized by law, may suspend the offender's driver's or commercial driver's license or permit or nonresident operating privilege for the period of time the court determines appropriate, but the period of suspension imposed for the violation of the provision of this Traffic Code shall not exceed the period of suspension that is permitted or required to be imposed for the violation of the provision of the Revised Code to which the provision of this Traffic Code is substantially equivalent. (ORC 4510.05)

TITLE FOUR - Public Ways and Traffic-Control Devices 

Chap. 412. Obstruction and Special Uses of Public Ways. 
Chap. 414. Traffic-Control Devices. 
Chap. 416. Pedestrians.

CHAPTER 412 Obstruction and Special Uses of Public Ways

412.01 Placing injurious material or obstruction in street. 
412.02 Zones of quiet. 
412.03 Play streets.
412.04 Toy vehicles on roadway. 
412.05 Freeway use prohibited by pedestrians, bicycles and animals. 
412.99 Penalty.

CROSS REFERENCES

See section histories for similar State law Power to regulate processions or assemblages - see Ohio R.C. 4511.07 
Loads dropping or leaking; tracking mud; removal required - see TRAF. 440.06 
Selling, washing or repairing vehicle upon roadway - see TRAF. 452.09 
Parking in alleys or narrow streets; exceptions - see TRAF. 452.12 
Sidewalk obstructions; damage or injury - see GEN. OFF. 660.10

412.01 PLACING INJURIOUS MATERIAL OR OBSTRUCTION IN STREET.

412.02 ZONES OF QUIET.

Whenever authorized signs are erected indicating a zone of quiet, no person operating a vehicle within any such zone shall sound the horn or other warning device of such vehicle except in an emergency.

412.03 PLAY STREETS.

Whenever authorized signs are erected indicating that any street or part thereof is a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area and then such drivers shall exercise the greatest care in driving upon any such street or portion thereof.

412.04 TOY VEHICLES ON ROADWAY.

No person riding upon any coaster, roller skates, sled, toy vehicle or other similar device shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply to any street set aside as a play street.

412.05 FREEWAY USE PROHIBITED BY PEDESTRIANS, BICYCLES AND ANIMALS.

412.99 PENALTY. 

(Editor's note: See 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 414 Traffic-Control Devices

414.01 Obedience to traffic-control devices. 
414.02 Through streets; stop and yield right-of-way signs. 
414.03 Traffic-control signal terms and lights. 
414.04 Signal to control lane direction of travel. 
414.05 Pedestrian control signals. 
414.06 Flashing traffic signals.
414.07 Unauthorized signs and signals, hiding from view, advertising. 
414.08 Alteration, injury, removal of traffic-control devices. 
414.09 Unauthorized possession or sale of devices. 
414.10 Signal preemption devices; prohibitions. 
414.99 Penalty.

CROSS REFERENCES

See section histories for similar State law Designation of through streets or stop intersections - see Ohio R.C. 4511.07, 4511.65 
Uniform system of traffic-control devices - see Ohio R.C. 4511.09, 4511.11; TRAF. 406.02 
Placing and maintaining local traffic-control devices - see Ohio R.C. 4511.10, 4511.11 
Traffic-control devices defined - see TRAF. 402.52 
Authority and considerations for placing of devices - see TRAF. 406.01 
Posting of signs and signals required - see TRAF. 406.04 
Intersections at which traffic-control signals fail or malfunction - see TRAF. 432.16 
Criminal mischief (tampering) - see GEN. OFF. 642.09

414.01 OBEDIENCE TO TRAFFIC-CONTROL DEVICES.

414.02 THROUGH STREETS; STOP AND YIELD RIGHT-OF-WAY SIGNS. 

414.03 TRAFFIC-CONTROL SIGNAL TERMS AND LIGHTS. 

414.04 SIGNAL TO CONTROL LANE DIRECTION OF TRAVEL. 

When lane-use control signals are placed over individual lanes of a street or highway, these signals shall indicate and apply to drivers of vehicles as follows: 

414.05 PEDESTRIAN CONTROL SIGNALS. 

Whenever special pedestrian-control signals exhibiting the words "walk" or "don't walk," or the symbol of a walking person or an upraised palm are in place, these signals shall indicate the following instructions: 

414.06 FLASHING TRAFFIC SIGNALS. 

414.07 UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW, ADVERTISING. 

414.08 ALTERATION, INJURY, REMOVAL OF TRAFFIC-CONTROL DEVICES. 

(

414.09 UNAUTHORIZED POSSESSION OR SALE OF DEVICES. 

(a) As used in this section, "traffic-control device" means any sign, traffic-control signal or other device conforming to and placed or erected in accordance with the manual adopted under Ohio R.C. 4511.09 by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic, including signs denoting the names of streets and highways, but does not mean any pavement marking.

(b) No individual shall buy or otherwise possess, or sell, a traffic-control device, except when one of the following applies: 

(1) In the course of the individual's employment by the State or a local authority for the express or implied purpose of manufacturing, providing, erecting, moving or removing such a traffic-control device; 

(2) In the course of the individual's employment by any manufacturer of traffic-control devices other than a State or local authority; 

(3) For the purpose of demonstrating the design and function of a traffic-control device to State or local officials; 

(4) When the traffic-control device has been purchased from the State or a local authority at a sale of property that is no longer needed or is unfit for use; or 

(5) When the traffic-control device has been properly purchased from a manufacturer for use on private property and the person possessing the device has a sales receipt for the device or other acknowledgment of sale issued by the manufacturer.

(c) This section does not preclude, and shall not be construed as precluding, prosecution for theft in violation of Ohio R.C. 2913.02, or a substantially equivalent municipal ordinance, or for receiving stolen property in violation of Ohio R.C. 2913.51, or a substantially equivalent municipal ordinance.

(d) Whoever violates this section is guilty of a misdemeanor of the third degree. (ORC 4511.18)

414.10 SIGNAL PREEMPTION DEVICES; PROHIBITIONS.

 (a)  (1) No person shall possess a portable signal preemption device. 

       (2) No person shall use a portable signal preemption device to affect the operation of a traffic-control device.

(b) Division (a)(1) of this section does not apply to any of the following persons and division (a)(2) of this section does not apply to any of the following persons when responding to an emergency call: 

(1) A peace officer, as defined in Ohio R.C. 109.17(A)(1), (A)(12), (A)(14), or (A)(19); 

(2) A State highway patrol officer; 

(3) A person while occupying a public safety vehicle as defined in Ohio R.C. 4511.01(E)(1), (E)(3), or (E)(4).

(c) Whoever violates division (a)(1) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (a)(2) of this section is guilty of a misdemeanor of the first degree.

(d) As used in this section, "portable signal preemption device" means a device that, if activated by a person, is capable of changing a traffic-control signal to green out of sequence. (ORC 4511.031)

414.99 PENALTY. 

(Editor's note: See 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 416 Pedestrians

416.01 Duties of pedestrians and drivers at crosswalks. 
416.02 Right-of-way of blind person. 
416.03 Right-of-way yielded by pedestrian; crossing roadways. 
416.04 Moving in crosswalks. 
416.05 Walking on sidewalks and streets. 
416.06 Soliciting rides or business; riding on outside of vehicle or in cargo storage area.
416.07 Passing through bridge signals or railroad barriers. 
416.08 Right-of-way of public safety vehicles. 
416.09 Right-of-way on sidewalks. 
416.10 Intoxication. 
416.11 Motorized wheelchair operators. 
416.12 Operation of electric personal assistive mobility devices. 
416.99 Penalty.

CROSS REFERENCES

See section histories for similar State law Pedestrians prohibited on freeways - see TRAF. 412.05 
Obedience to traffic-control devices - see TRAF. 414.01 
Pedestrian control signals - see TRAF. 414.05 
Opening doors on side available to traffic - see TRAF. 452.08

416.01 DUTIES OF PEDESTRIANS AND DRIVERS AT CROSSWALKS. 

416.02 RIGHT-OF-WAY OF BLIND PERSON. 

416.03 RIGHT-OF-WAY YIELDED BY PEDESTRIAN; CROSSING ROADWAYS. 

416.04 MOVING IN CROSSWALKS. 

416.05 WALKING ON SIDEWALKS AND STREETS. 

416.06 SOLICITING RIDES OR BUSINESS; RIDING ON OUTSIDE OF VEHICLE OR IN CARGO STORAGE AREA

416.07 PASSING THROUGH BRIDGE SIGNALS OR RAILROAD BARRIERS. 

416.08 RIGHT-OF-WAY OF PUBLIC SAFETY VEHICLES. 

416.09 RIGHT-OF-WAY ON SIDEWALKS. 

416.10 INTOXICATION. 

416.11 MOTORIZED WHEELCHAIR OPERATORS. 

Every person operating a motorized wheelchair shall have all of the rights and duties applicable to a pedestrian that are contained in this chapter, except those provisions which by their nature can have no application. (ORC 4511.491)

416.12 OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES. 

416.99 PENALTY.

 (Editor's note: See  408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

TITLE SIX - Operation and Vehicles 

Chap. 432. Operation Generally. 
Chap. 434. O.V.I.; Reckless Operation; Speed. 
Chap. 436. Licensing; Accidents. 
Chap. 438. Safety and Equipment. 
Chap. 440. Commercial and Heavy Vehicles. 
Chap. 442. Drivers of Commercial Vehicles. 
Chap. 444. Bicycles and Motorcycles Generally.
Chap. 446. Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles.

CHAPTER 432 -Operation Generally

CROSS REFERENCES

See section histories for similar State law Obedience to traffic-control devices - see TRAF. 414.01 
Yielding right-of-way to pedestrians on sidewalks - see TRAF. 416.09 
Operation of bicycles and motorcycles generally - see TRAF. 444.01 et seq. 
Operation of snowmobiles, off-highway motorcycles and all-purpose vehicles - see TRAF. 446.03, 446.04

432.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS. 

432.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS. 

(a) Operators of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each operator shall give to the other one-half of the main traveled portion of the roadway or as nearly one-half as is reasonably possible.

(b) 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. (ORC 4511.26)

432.03 OVERTAKING, PASSING TO LEFT; DRIVER's DUTIES. 

(a) The following rules govern the overtaking and passing of vehicles proceeding in the same direction: 

(1) The operator of a vehicle overtaking another vehicle proceeding in the same direction shall, except as provided in division (a)(3) of this section, signal to the vehicle to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. 

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

(3) The operator of a vehicle overtaking and passing another vehicle proceeding in the same direction on a divided highway as defined in Ohio R.C. 4511.35, a limited access highway as defined in Ohio R.C. 5511.02, or a highway with four or more traffic lanes is not required to signal audibly to the vehicle being overtaken and passed.

(b) 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. (ORC 4511.27)

432.04 OVERTAKING, PASSING TO RIGHT OF VEHICLE. 

(a) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn; or 

(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(b) The driver of a vehicle may overtake and pass another vehicle only under conditions permitting the movement in safety. The movement shall not be made by driving off the roadway.

(c) 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. (ORC 4511.28)

432.05 OVERTAKING, PASSING TO LEFT OF CENTERLINE. 

(a) No vehicle shall be driven to the left of the center of the roadway in overtaking and passing traffic proceeding in the same direction, unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event, the overtaking vehicle must return to an authorized lane of travel as soon as practicable, and in the event the passing movement involves the use of a lane authorized for the traffic approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.

(b) 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. (ORC 4511.29)

432.06 DRIVING UPON LEFT SIDE OF ROADWAY. 

(a) No vehicle shall be driven upon the left side of the roadway under the following conditions:

(1) When approaching the crest of a grade or upon a curve in the highway, where the operator's view is obstructed within such a distance as to create a hazard in the event traffic might approach from the opposite direction; 

(2) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel; or 

(3) When approaching within 100 feet of or traversing any intersection or railroad grade crossing.

(b) This section does not apply to vehicles upon a one-way roadway, upon a roadway where traffic is lawfully directed to be driven to the left side, or under the conditions described in Ohio R.C. 4511.25(A)(2) or a substantially equivalent municipal ordinance.

(c) 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. (ORC 4511.30)

432.07 HAZARDOUS OR NO PASSING ZONES. 

(a) The Department of Transportation may determine those portions of any State highway where overtaking and passing other traffic or driving to the left of the center or center line of the roadway would be especially hazardous, and may, by appropriate signs or markings on the highway, indicate the beginning and end of such zones. When signs or markings are in place and clearly visible, every operator of a vehicle shall obey the directions of the signs or markings, notwithstanding the distances set out in Ohio R.C. 4511.30.

(b) Division (a) of this section does not apply when all of the following apply: 

(1) The slower vehicle is proceeding at less than half the speed of the speed limit applicable to that location. 

(2) The faster vehicle is capable of overtaking and passing the slower vehicle without exceeding the speed limit. 

(3) There is sufficient clear sight distance to the left of the center or center line of the roadway to meet the overtaking and passing provisions of Ohio R.C. 4511.29, considering the speed of the slower vehicle.

(c) 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. (ORC 4511.31)

432.08 DRIVING WITHIN LANES OR CONTINUOUS LINES OF TRAFFIC. 

(a) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within the Municipality traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply: 

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

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

(3) Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction, regardless of the center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles shall obey the directions of such signs. (4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.

(b) 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. (ORC 4511.33)

432.09 FOLLOWING TOO CLOSELY. 

432.10 TURNING AT INTERSECTIONS. 

(a) The driver of a vehicle intending to turn at an intersection shall be governed by the following rules: 

(1) Approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. 

(2) At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of the center line where it enters the intersection, and, after entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection. 

(3) At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left hand lane of the roadway being entered lawfully available to traffic moving in that lane.

(b) The Department of Transportation and local authorities may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed, no operator of a vehicle shall turn the vehicle at an intersection other than as directed and required by the markers, buttons, or signs.

(c) 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. (ORC 4511.36)

432.11 "U" TURNS RESTRICTED. 

(a) Except as provided in division (b) of this section, no vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, if such vehicle cannot be seen within 500 feet by the driver of any other vehicle approaching from either direction.

(b) The driver of an emergency vehicle or public safety vehicle, when responding to an emergency call, may turn the vehicle so as to proceed in the opposite direction. This division applies only when the emergency vehicle or public safety vehicle is responding to an emergency call, is equipped with and displaying at least one flashing, rotating, or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, and when the driver of the vehicle is giving an audible signal by siren, exhaust whistle, or bell. This division does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

(c) 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. (ORC 4511.37)

(d) Except as provided in division (b) of this section, no vehicle shall be turned so as to proceed in the opposite direction within an intersection, or upon any street in a business district, or upon a freeway, expressway or controlled-access highway, or where authorized signs are erected to prohibit such movement, or at any other location unless such movement can be made with reasonable safety to other users of the public way and without interfering with the safe operation of any traffic that may be affected by such movement.

432.12 STARTING AND BACKING VEHICLES. 

432.13 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING. 

432.14 HAND AND ARM SIGNALS. 

(a) Except as provided in division (b) of this section, all signals required by the provisions of this Traffic Code, when given by hand and arm, shall be given from the left side of the vehicle in the following manner, and the signals shall indicate as follows: 

(1) Left turn, hand and arm extended horizontally; 

(2) Right turn, hand and arm extended upward;

(3) Stop or decrease speed, hand and arm extended downward.

(b) As an alternative to division (a)(2) of this section, a person operating a bicycle may give a right turn signal by extending the right hand and arm horizontally and to the right side of the bicycle.

(c) 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. (ORC 4511.40)

432.15 RIGHT-OF-WAY AT INTERSECTIONS. 

(a) When two vehicles approach or enter an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(b) The right-of-way rule declared in division (a) of this section is modified at through highways and otherwise as stated in this Traffic Code or Ohio R.C. Chapter 4511.

(c) 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. (ORC 4511.41)

432.16 INTERSECTIONS AT WHICH TRAFFIC-CONTROL SIGNALS FAIL OR MALFUNCTION. 

(a) The driver of a vehicle who approaches an intersection where traffic is controlled by traffic-control signals shall do all of the following, if the signal facing the driver either exhibits no colored lights or colored lighted arrows or exhibits a combination of such lights or arrows that fails to clearly indicate the assignment of right-of-way: 

(1) Stop at a clearly marked stop line, but if none, stop before entering the crosswalk on the near side of the intersection, or, if none, stop before entering the intersection; 

(2) Yield the right-of-way to all vehicles in the intersection or approaching on an intersecting road, if the vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways; 

(3) Exercise ordinary care while proceeding through the intersection.

(b) 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. (ORC 4511.132)

432.17 RIGHT-OF-WAY WHEN TURNING LEFT. 

(a) The operator of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

(b) 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. (ORC 4511.42)

432.18 OPERATION OF VEHICLE AT STOP AND YIELD SIGNS. 

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

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

(c) 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. (ORC 4511.43)

432.19 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP SIGNALS OR SIGNS. 

(a) The driver of any emergency vehicle or public safety vehicle, when responding to an emergency call, upon approaching a red or stop signal or any stop sign, shall slow down as necessary for safety to traffic, but may proceed cautiously past the red or stop sign or signal with due regard for the safety of all persons using the street or highway.

(b) 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. (ORC 4511.03)

432.20 RIGHT-OF-WAY OF PUBLIC SAFETY OR CORONER's VEHICLE. 

(a) Upon the approach of a public safety vehicle or coroner's vehicle, equipped with at least one flashing, rotating, or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, and the driver is giving an audible signal by siren, exhaust whistle, or bell, no driver of any other vehicle shall fail to yield the right-of-way, immediately drive, if practical, to a position parallel to, and as close as possible to, the right edge or curb of the highway clear of any intersection, and stop and remain in that position until the public safety vehicle or coroner's vehicle has passed, except when otherwise directed by a police officer.

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

(c) This section applies to a coroner's vehicle only when the vehicle is operated in accordance with Ohio R.C. 4511.171, or a substantially equivalent municipal ordinance. As used in this section, Acoroner's vehicle@ means a vehicle used by a coroner, deputy coroner or coroner's investigator that is equipped with a flashing, oscillating or rotating red or blue light and a siren, exhaust whistle or bell capable of giving an audible signal.

(d) Except as otherwise provided in this division, whoever violates this section is guilty of a misdemeanor of the fourth degree on a first offense. 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 third 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 second degree. (ORC 4511.45)

432.205 DRIVING WHILE APPROACHING STATIONARY PUBLIC SAFETY VEHICLE WITH FLASHING LIGHTS. 

432.21 RIGHT-OF-WAY AT PRIVATE DRIVEWAY, ALLEY OR BUILDING. 

432.22 STOP SIGNS ON PRIVATE ROADS AND DRIVEWAYS. 

432.23 RIGHT-OF-WAY OF FUNERAL PROCESSION. 

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

(b) Excepting public safety vehicles proceeding in accordance with Ohio R.C. 4511.45 or a substantially equivalent municipal ordinance, or when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield the right-of-way to each vehicle that is a part of a funeral procession. Whenever the lead vehicle in a funeral procession lawfully enters an intersection, the remainder of the vehicles in the procession may continue to follow the lead vehicle through the intersection, notwithstanding any traffic-control devices or right-of-way provisions of the Revised Code, provided that the operator of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian.

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

(d) 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. (ORC 4511.451)

432.24 DRIVING UPON SIDEWALKS, TREE LAWNS OR CURBS.

432.25 DRIVER's VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD OR PERSONS. 

(a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle, or to interfere with the driver's control over the driving mechanism of the vehicle.

(b) No passenger in a vehicle shall ride in a position as to interfere with the driver's view ahead or to the sides, or to interfere with the driver's control over the driving mechanism of the vehicle.

(c) No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

(d) 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. (ORC 4511.70)

432.26 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR. 

(a) No person shall drive upon, along, or across a street or highway, or any part of a street or highway that has been closed in the process of its construction, reconstruction, or repair, and posted with appropriate signs by the authority having jurisdiction to close the highway.

(b) 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. (ORC 4511.71)

432.27 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY VEHICLES. 

(a) The driver of any vehicle, other than an emergency vehicle or public safety vehicle on official business, shall not follow any emergency vehicle or public safety vehicle traveling in response to an alarm closer than 500 feet, or drive into or park the vehicle within the block where the fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a police officer or a firefighter.

(b) 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. (ORC 4511.72)

432.28 DRIVING OVER FIRE HOSE. 

(a) No vehicle shall, without the consent of the fire department official in command, be driven over any unprotected hose of a fire department that is laid down on any street or private driveway to be used at any fire or alarm of fire.

(b) 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. (ORC 4511.73)

432.29 DRIVING THROUGH SAFETY ZONE. 

(a) No vehicle shall at any time be driven through or within a safety zone.

(b) 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. (ORC 4511.60)

432.30 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS. 

432.31 DRIVING UPON DIVIDED ROADWAYS. 

(a) Whenever any highway has been divided into two roadways by an intervening space, or by a physical barrier, or a clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, and no vehicle shall be driven over, across, or within any dividing space, barrier, or section, except through an opening, crossover, or intersection established by public authority. This section does not prohibit the occupancy of the dividing space, barrier, or section for the purpose of an emergency stop, or in compliance with an order of a police officer.

(b) 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. (ORC 4511.35)

432.32 STOPPING FOR SCHOOL BUS; ACTUATING VISUAL SIGNALS; DISCHARGING CHILDREN. 

432.33 DRIVING ACROSS GRADE CROSSINGS. 

432.34 STOPPING AT GRADE CROSSINGS. 

432.35 SLOW-MOVING VEHICLES OR EQUIPMENT AT GRADE CROSSINGS. 

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with divisions (a)(1) and (2) of this section. 

(1) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same, and while stopped, the person shall listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train, and shall proceed only upon exercising due care. 

(2) No such crossing shall be made when warning is given by automatic signal, crossing gates, or a flagperson, or otherwise of the immediate approach of a railroad train or car.

(b) If the normal sustained speed of the vehicle, equipment, or structure is not more than three miles per hour, the person owning, operating, or moving the same shall also give notice of the intended crossing to a station agent or superintendent of the railroad, and a reasonable time shall be given to the railroad to provide proper protection for the crossing. Where the vehicles or equipment are being used in constructing or repairing a section of highway lying on both sides of a railroad grade crossing, and in this construction or repair it is necessary to repeatedly move the vehicles or equipment over the crossing, one daily notice specifying when the work will start and stating the hours during which it will be prosecuted is sufficient.

(c) 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. (ORC 4511.64)

432.36 OBSTRUCTING INTERSECTIONS, CROSSWALKS OR GRADE CROSSINGS. 

(a) No driver shall enter an intersection or marked crosswalk, or drive onto any railroad grade crossing, unless there is sufficient space on the other side of the intersection, crosswalk, or grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding any traffic-control signal indication to proceed.

(b) 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. (ORC 4511.712)

432.37 "PEELING;" CRACKING EXHAUST NOISES. 

No person shall operate any motor vehicle, except when necessary for safe operation, or in compliance with law, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position, or in the shifting of gears while in motion, that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or that the rubber tires of such vehicle squeal or leave tire marks on the roadway, commonly known as "peeling."

432.38 SHORTCUTTING ACROSS PRIVATE PROPERTY. 

No operator of a motor vehicle shall enter upon private property for the sole purpose of driving across such property, between abutting streets or other public ways thereof. The failure to stop on such property in connection with or in furtherance of the enterprise or activities being conducted on the property shall constitute prima facie evidence of the violation.

432.39 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY. 

No person shall drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority.

432.40 WEAVING; FULL TIME AND ATTENTION.

(a) No person shall operate a motor vehicle or motorcycle upon any street or highway in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.

(b) No person shall operate a motor vehicle or motorcycle without giving his or her full time and attention to the operation of such vehicle.

432.41 OPERATION ON PATHS SET ASIDE FOR BICYCLES. 

432.42 LITTERING FROM MOTOR VEHICLES. 

(a) No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.

(b) No operator of a motor vehicle in operation upon any street, road, or highway shall allow litter to be thrown, dropped, discarded, or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.

(c) As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature.

(d) Whoever violates division (a) or (b) of this section is guilty of a minor misdemeanor. (ORC 4511.82)

432.43 USE OF EARPHONES WHILE DRIVING. 

(a) No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears. As used in this section, "earphones" means any headset, radio, tape player, or other similar device that provides the listener with radio programs, music, or other recorded information through a device attached to the head and that covers all or a portion of both ears. "Earphones" does not include speakers or other listening devices that are built into protective headgear.

(b) This section does not apply to: 

(1) Any person wearing a hearing aid; 
(2) Law enforcement personnel while on duty; 
(3) Fire department personnel and emergency medical service personnel while on duty; 
(4) Any person operating equipment for use in the maintenance or repair of any highway; 
(5) Any person engaged in the operation of refuse collection equipment.

(c) 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. (ORC 4511.84)

432.99 PENALTY. 

(Editor's note: See 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 434 O.V.I.; Reckless Operation; Speed

434.01 Driving or physical control of vehicle while under the influence of alcohol or drugs. 
434.011 Immobilizing or disabling device violation. 
434.02 Reckless operation on streets, public or private property.
434.03 Maximum speed limits; assured clear distance ahead. 
434.04 Speed limits on private roads and driveways.
434.05 Slow speed; posted minimum speeds. 
434.06 Speed limitations over bridges. 
434.07 Speed exceptions for emergency or safety vehicles. 
434.08 Reasonable control. 
434.09 Street racing prohibited. 
434.10 Vehicular homicide; vehicular manslaughter. 
434.99 Penalty.

CROSS REFERENCES

See section histories for similar State law Drug of abuse defined - see Ohio R.C. 3719.011 
Alcohol defined - see Ohio R.C. 4301.01 Alteration of prima facie speed limits - see Ohio R.C. 4511.21, 4511.22, 4511.23 
Intoxicated pedestrians - see TRAF. 416.10 
Driving upon sidewalks, tree lawns or curbs - see TRAF. 432.24 
"Peeling" - see TRAF. 432.37 
Weaving; full time and attention - see TRAF. 432.40 
Criminal offenses by drivers of commercial vehicles - see TRAF. 442.05, 442.08 
Liquor consumption in motor vehicle - see GEN. OFF. 612.04

434.01 DRIVING OR PHYSICAL CONTROL OF VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. 

Statutory reference: 
Disposition of fines, immobilization of vehicle and impoundment of license plates, criminal forfeiture for municipal ordinance conviction, see Ohio R.C. 4511.193 
Effect of refusal to submit to test, seizure of license, suspension periods, appeal procedures, occupational driving privileges, and indigent drivers alcohol treatment funds, see Ohio R.C. 4511.191 
Judicial pretrial suspension, initial appearance, see Ohio R.C. 4511.196 
Mayor's Court to suspend driver's license, see Ohio R.C. 1905.201 
Seizure of vehicles upon arrest, see Ohio R.C. 4511.195 
Trial judge to suspend driver's license, see Ohio R.C. 4510.05

434.011 IMMOBILIZING OR DISABLING DEVICE VIOLATION. 

434.02 RECKLESS OPERATION ON STREETS, PUBLIC OR PRIVATE PROPERTY. 

434.03 MAXIMUM SPEED LIMITS; ASSURED CLEAR DISTANCE AHEAD. 

434.04 SPEED LIMITS ON PRIVATE ROADS AND DRIVEWAYS. 

(a) The owner of a private road or driveway located in a private residential area containing 20 or more dwelling units may establish a speed limit on the road or driveway by complying with all of the following requirements: 

(1) The speed limit is not less than 25 miles per hour and is indicated by a sign that is in a proper position, is sufficiently legible to be seen by an ordinarily observant person, and meets the specifications for the basic speed limit sign included in the manual adopted by the Department of Transportation pursuant to Ohio R.C. 4511.09; 

(2) The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, a speed limit has been established for the road or driveway, and the speed limit is enforceable by law enforcement officers under State law.

(b) No person shall operate a vehicle upon a private road or driveway as provided in division (a) of this section at a speed exceeding any speed limit established and posted pursuant to division (a).

(c) When a speed limit is established and posted in accordance with division (a) of this section, a law enforcement officer may apprehend a person violating the speed limit of the residential area by utilizing any of the means described in Ohio R.C. 4511.091 or by any other accepted method of determining the speed of a motor vehicle and may stop and charge the person with exceeding the speed limit.

(d) Pursuant to Ohio R.C. 4511.211(D), points shall be assessed for violation of a speed limit established and posted in accordance with division (a) of this section in accordance with Ohio R.C. 4510.036.

(e) As used in this section: 

(1) "Owner" includes but is not limited to a person who holds title to the real property in fee simple, a condominium owners' association, a property owners' association, a board of directors or trustees of a private community, and a nonprofit corporation governing a private community. 

(2) "Private residential area containing 20 or more dwelling units" does not include a Chautauqua assembly as defined in Ohio R.C. 4511.90.

(f) Penalty. A violation of division (b) of this section is one of the following: 

(1) Except as otherwise provided in divisions (f)(2) and (f)(3) of this section, a minor misdemeanor; 

(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of this section, Ohio R.C. 4511.211(B), or any other municipal ordinance that is substantially equivalent to that division, a misdemeanor of the fourth degree; 

(3) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of this section, Ohio R.C. 4511.211(B), or any other municipal ordinance that is substantially equivalent to that division, a misdemeanor of the third degree. (ORC 4511.211)

 

434.05 SLOW SPEED; POSTED MINIMUM SPEEDS. 

(a) No person shall stop or operate a vehicle at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.

(b) Whenever the Director of Transportation or local authorities determine on the basis of an engineering and traffic investigation that slow speeds on any part of a controlled-access highway, expressway, or freeway consistently impede the normal and reasonable movement of traffic, the Director or such local authority may declare a minimum speed limit below which no person shall operate a motor vehicle, except when necessary for safe operation or in compliance with the law. No minimum speed limit established hereunder shall be less than 30 miles per hour, greater than 50 miles per hour, nor effective until the provisions of Ohio R.C. 4511.21 or a substantially equivalent municipal ordinance, relating to appropriate signs, have been fulfilled and local authorities have obtained the approval of the Director.

(c) In a case involving a violation of this section, the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator.

(d) 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. (ORC 4511.22)

434.06 SPEED LIMITATIONS OVER BRIDGES. 

434.07 SPEED EXCEPTIONS FOR EMERGENCY OR SAFETY VEHICLES. 

The prima facie speed limitations set forth in Ohio R.C. 4511.21 or a substantially equivalent municipal ordinance do not apply to emergency vehicles or public safety vehicles when they are responding to emergency calls and are equipped with and displaying at least one flashing, rotating, or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, and when the drivers thereof sound audible signals by bell, siren, or exhaust whistle. This section does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using the street or highway. (ORC 4511.24)

434.08 REASONABLE CONTROL. 

(a) No person shall operate a motor vehicle, agricultural tractor, or agricultural tractor that is towing, pulling, or otherwise drawing a unit of farm machinery on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, agricultural tractor, or unit of farm machinery.

(b) Whoever violates this section is guilty of operating a motor vehicle or agricultural trailer without being in control of it, a minor misdemeanor. (ORC 4511.202)

434.09 STREET RACING PROHIBITED.

(a) As used in this section, "street racing" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two or more vehicles side by side either at speeds in excess of prima facie lawful speeds established by Ohio R.C. 4511.21(B)(1)(a) through (B)(8) or a substantially equivalent municipal ordinance, or rapidly accelerating from a common starting point to a speed in excess of such prima facie lawful speeds shall be prima facie evidence of street racing.

(b) No person shall participate in street racing upon any public road, street, or highway in this Municipality.

(c) Whoever violates this section is guilty of street racing, a misdemeanor of the first degree. In addition to any other sanctions, the court shall suspend the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privileges for not less than 30 days or more than three years. No judge shall suspend the first 30 days of any suspension of an offender's license, permit, or privilege imposed under this division. (ORC 4511.251)

434.10 VEHICULAR HOMICIDE; VEHICULAR MANSLAUGHTER.

434.99 PENALTY. 

(Editor"s note: See 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 436 Licensing; Accidents

436.01 Driver's or commercial driver's license required. 
436.02 Possession of more than one license prohibited. 
436.03 Driving with temporary instruction permit. 
436.035 Driving with probationary license. 
436.04 Certain acts prohibited. 
436.05 Owner or operator allowing another to drive. 
436.06 Display of license. 
436.07 Driving under suspension or revocation or without proof of financial responsibility or in violation of license restrictions. (Repealed) 
436.071 Driving under suspension or in violation of license restriction.
436.072 Operating motor vehicle without valid license. 
436.073 Driving under O.V.I. suspension. 
436.074 Driving under financial responsibility law suspension or cancellation. 
436.075 Failure to reinstate license. 
436.08 Operation or sale without certificate of title. 
436.09 Display of license plates; registration; obstructions. 
436.10 Use of illegal license plates. 
436.11 Stopping after accident upon streets; collision with unattended vehicle. 
436.12 Stopping after accident upon property other than streets. 
436.13 Vehicle accident resulting in damage to realty. 
436.99 Penalty.

CROSS REFERENCES
See section histories for similar State law Motor vehicle licensing law - see Ohio R.C. Ch. 4503 
Driver's license law - see Ohio R.C. Ch. 4507 
Power of trial court of record to suspend license for certain violations - see Ohio R.C. 4510.05, 4510.15 
Employment of a minor to operate a taxicab prohibited - see Ohio R.C. 4507.321 
State point system suspension - see Ohio R.C. 4507.021 
State accident reports - see Ohio R.C. 4509.01, 4509.06, 4509.74, 5502.11 
Suspension of driver's license - see TRAF. 408.03; GEN. OFF. 698.07 
Glass removal from street after accident - see TRAF. 412.01 
Licensing requirements of snowmobile, off-highway and all-purpose vehicle operator - see TRAF. 446.05 
Snowmobile, off-highway and all-purpose vehicle accident reports - see TRAF. 446.06

436.01 DRIVER'S OR COMMERCIAL DRIVER'S LICENSE REQUIRED. 

436.02 POSSESSION OF MORE THAN ONE LICENSE PROHIBITED.

(a) No person shall receive a driver's license, or a motorcycle operator's endorsement of a driver's or commercial driver's license, unless and until the person surrenders to the Registrar all valid licenses issued to the person by another jurisdiction recognized by this State. The Registrar shall report the surrender of a license to the issuing authority, together with information that a license is now issued in this State. The Registrar shall destroy any such license that is not returned to the issuing authority. No person shall be permitted to have more than one valid license at any time. (ORC 4507.02(A)(2))

(b) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 4507.99)

436.03 DRIVING WITH TEMPORARY INSTRUCTION PERMIT. 

(a) No holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A) shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in violation of the conditions established under Ohio R.C. 4507.05(A).

(b) Except as provided in division (c) of this section, no holder of a temporary instruction permit that is issued under Ohio R.C. 4507.05(A) and that is issued on or after July 1, 1998, and who has not attained the age of 18 years, shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and 6:00 a.m.

(c) The holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A) on or after July 1, 1998, who has not attained the age of 18 years, may operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and 6:00 a.m. if, at the time of such operation, the holder is accompanied by the holder's parent, guardian, or custodian, and the parent, guardian, or custodian holds a current valid driver'sor commercial driver's license issued by this State, is actually occupying a seat beside the permit holder, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in Ohio R.C. 4511.19(A).

(d) Whoever violates this section is guilty of a minor misdemeanor. (ORC 4507.05(F), (I))

436.035 DRIVING WITH PROBATIONARY LICENSE. 

436.04 CERTAIN ACTS PROHIBITED. 

(a) No person shall do any of the following: 

(1) Display or cause or permit to be displayed, or possess any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit knowing the same to be fictitious, or to have been canceled, suspended, or altered;

(2) Lend to a person not entitled thereto, or knowingly permit a person not entitled thereto to use any identification card, driver's or commercial driver's license, temporary instruction permit or commercial driver's license temporary instruction permit issued to the person so lending or permitting the use thereof; 

(3) Display, or represent as one's own, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit not issued to the person so displaying the same; 

(4) Fail to surrender to the Registrar of Motor Vehicles, upon the Registrar's demand, any identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit that has been suspended or canceled; 

(5) In any application for an identification card, driver's or commercial driver's license, temporary instruction permit, or commercial driver's license temporary instruction permit or any renewal or duplicate thereof, knowingly conceal a material fact or present any physician's statement required under Ohio R.C. 4507.08 or 4507.081 when knowing the same to be false or fictitious.

(b) Whoever violates any division of this section is guilty of a misdemeanor of the first degree. (ORC 4507.30)

436.05 OWNER OR OPERATOR ALLOWING ANOTHER TO DRIVE. 

436.06 DISPLAY OF LICENSE. 

(a) The operator of a motor vehicle shall display the operator's driver's license, or furnish satisfactory proof that the operator has a driver's license, upon demand of any peace officer or of any person damaged or injured in any collision in which the licensee may be involved. When a demand is properly made, and the operator has the operator's driver's license on or about the operator's person, the operator shall not refuse to display the license. A person's failure to furnish satisfactory evidence that the person is licensed under Ohio R.C. Chapter 4507 when the person does not have the person's license on or about the person's person shall be prima facie evidence of the person's not having obtained a driver's license.

(b) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 4507.35)

436.07 DRIVING UNDER SUSPENSION OR REVOCATION OR WITHOUT PROOF OF FINANCIAL RESPONSIBILITY OR IN VIOLATION OF LICENSE RESTRICTIONS. (REPEALED) 

(Editor's note:  436.07 was repealed as part of the 2004 updating and revision of this Model Ohio Municipal Code because substantially equivalent State law (Ohio R.C. 4507.02(B) - (H)) was repealed by the Ohio General Assembly. 
See 436.071 through 436.075 for current provisions.)

436.071 DRIVING UNDER SUSPENSION OR IN VIOLATION OF LICENSE RESTRICTION. 

436.072 OPERATING MOTOR VEHICLE WITHOUT VALID LICENSE. 

436.073 DRIVING UNDER O.V.I. SUSPENSION. 

Statutory reference: 

Immobilization of vehicle; impoundment of license plates; criminal forfeiture of vehicle, see Ohio R.C. 4510.161

436.074 DRIVING UNDER FINANCIAL RESPONSIBILITY LAW SUSPENSION OR CANCELLATION. 

436.075 FAILURE TO REINSTATE LICENSE. 

(a) No person whose driver's license, commercial driver's license, temporary instruction permit, or nonresident's operating privilege has been suspended shall operate any motor vehicle upon a public road or highway or any public or private property after the suspension has expired unless the person has complied with all license reinstatement requirements imposed by the court, the Bureau of Motor Vehicles, or another provision of the Ohio Revised Code.

(b) Whoever violates this section is guilty of failure to reinstate a license, a misdemeanor of the first degree. The court may impose upon the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary driver's license, or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(7). (ORC 4510.21)

(c) It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver's or commercial driver's license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency. (ORC 4510.04)

436.08 OPERATION OR SALE WITHOUT CERTIFICATE OF TITLE. 

(a) No person shall do any of the following: 

(1) Operate in this Municipality a motor vehicle for which a certificate of title is required without having that certificate in accordance with Ohio R.C. Chapter 4505 or, if a physical certificate of title has not been issued for a motor vehicle, operate the motor vehicle in this State knowing that the ownership information relating to the vehicle has not been entered into the automated title processing system by a Clerk of a Court of Common Pleas; 

(2) Display or display for sale or sell as a dealer or acting on behalf of a dealer, a motor vehicle without having obtained a manufacturer's or importer's certificate, a certificate of title, or an assignment of a certificate of title for it as provided in Ohio R.C. Chapter 4505; 

(3) Fail to surrender any certificate of title or any certificate of registration or license plates upon cancellation of the same by the Registrar of Motor Vehicles and notice of the cancellation as prescribed in Ohio R.C. Chapter 4505; 

(4) Fail to surrender the certificate of title to a Clerk of a Court of Common Pleas as provided in Ohio R.C. Chapter 4505 in case of the destruction or dismantling or change of a motor vehicle in such respect that it is not the motor vehicle described in the certificate of title; 

(5) Violate any rules adopted pursuant to Ohio R.C. Chapter 4505; 

(6) Except as otherwise provided in Ohio R.C. Chapters 4505 and 4517, sell at wholesale a motor vehicle ownership of which is not evidenced by an Ohio certificate of title, or the current certificate of title issued for the motor vehicle, or the manufacturer's certificate of origin, and all title assignments that evidence the seller's ownership of the motor vehicle, and an odometer disclosure statement that complies with Ohio R.C. 4505.06 and subchapter IV of the "Motor Vehicle Information and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981; 

(7) Operate in this State a motor vehicle knowing that the certificate of title to the vehicle or ownership of the vehicle as otherwise reflected in the automated title processing system has been canceled.

(b) This section does not apply to persons engaged in the business of warehousing or transporting motor vehicles for the purpose of salvage disposition.

(c) Whoever violates this section shall be fined not more than two hundred dollars ($200.00), imprisoned not more than 90 days, or both. (ORC 4505.18)

436.09 DISPLAY OF LICENSE PLATES; REGISTRATION; OBSTRUCTIONS. 

436.10 USE OF ILLEGAL LICENSE PLATES. 

(a) No person shall operate or drive a motor vehicle upon the public roads and highways in this Municipality if it displays a license plate or a distinctive number or identification mark that meets any of the following criteria: 

(1) It is fictitious; 

(2) It is a counterfeit or an unlawfully made copy of any distinctive number or identification mark; 

(3) It belongs to another motor vehicle, provided that this section does not apply to a motor vehicle that is operated on the public roads and highways in this Municipality when the motor vehicle displays license plates that originally were issued for a motor vehicle that previously was owned by the same person who owns the motor vehicle that is operated on the public roads and highways in this Municipality during the 30 day period described in Ohio R.C. 4503.12(A)(4).

(b) A person who fails to comply with the transfer of registration provisions of Ohio R.C. 4503.12 and is charged with a violation of that section shall not be charged with a violation of this section.

(c) Whoever violates division (a)(1), (2), or (3) of this section is guilty of operating a motor vehicle bearing an invalid license plate or identification mark, this section is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense. (ORC 4549.08)

436.11 STOPPING AFTER ACCIDENT UPON STREETS; COLLISION WITH UNATTENDED VEHICLE. 

436.12 STOPPING AFTER ACCIDENT UPON PROPERTY OTHER THAN STREETS.

436.13 VEHICLE ACCIDENT RESULTING IN DAMAGE TO REALTY. 

436.99 PENALTY. 

(Editor's note: See 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 438 Safety and Equipment

438.01 Driving unsafe vehicles; application. 
438.02 Lighted lights; measurement of distances and heights. 
438.03 Headlights on motor vehicles and motorcycles. 
438.04 Tail light; illumination of rear license plate. 
438.05 Rear red reflectors. 
438.06 Safety lighting on commercial vehicles. 
438.07 Obscured lights on vehicles in combination. 
438.08 Red light or red flag on extended loads. 
438.09 Lights on parked or stopped vehicles. 
438.10 Lights on slow-moving vehicles; emblem required; 
                    lights and reflectors on multi-wheel agricultural tractors or farm machinery. 
438.11 Spotlight and auxiliary lights. 
438.12 Cowl, fender and back-up lights. 
438.13 Two lights displayed. 
438.14 Use of headlight beams. 
438.15 Lights of less intensity on slow-moving vehicles.
438.16 Number of lights permitted; red and flashing lights. 
438.165 Lights and sound-producing devices on coroners' vehicles. 
438.17 Vehicles transporting preschool children. 
438.18 Focus and aim of headlights. 
438.19 Motor vehicle and motorcycle brakes. 
438.20 Horn, siren and theft alarm signal. 
438.21 Muffler; muffler cutout; excessive smoke, gas or noise. 
438.22 Rear-view mirror; clear view to front, both sides and rear. 
438.23 Windshield required; sign or poster upon windshield; windshield wiper. 
438.24 Tinted glass; materials on glass. 
438.25 Limited load extension on left side of passenger vehicle. 
438.26 Motor vehicle stop lights. 
438.27 Bumpers. 438.28 Air cleaner required. 
438.29 Use of child restraints. 
438.30 Use of occupant restraining devices. 
438.31 Ignition interlock devices. (Repealed) 
438.32 Air bags. 
438.99 Penalty.

CROSS REFERENCES

See section histories for similar State law 
Warning devices for commercial vehicles disabled upon freeways - see Ohio R.C. 4513.28 
Collector's vehicles - see Ohio R.C. 4513.38, 4513.41 
Use of stop and turn signals - see TRAF. 432.13 
Wheel protectors for commercial vehicles - see TRAF. 440.03
Vehicles transporting explosives - see TRAF. 440.04 
Towing requirements; exception to size and weight restrictions - see TRAF. 440.05 
Occupying travel trailers while in motion - see TRAF. 440.08 
Bicycle equipment - see TRAF. 444.05 
Snowmobile, off-highway motorcycle and all-purpose vehicle equipment - see TRAF. 446.02 
Improperly handling firearms in a motor vehicle - see GEN. OFF. 678.04

438.01 DRIVING UNSAFE VEHICLES; APPLICATION. 

(a) No person shall drive or move, or cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person.

(b) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of a violation of this section or Ohio R.C. 4513.02(A), whoever violates this section is guilty of a misdemeanor of the third degree. (ORC 4513.02(A), (H))

438.02 LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS. 

438.03 HEADLIGHTS ON MOTOR VEHICLES AND MOTORCYCLES. 

438.04 TAIL LIGHT; ILLUMINATION OF REAR LICENSE PLATE. 

438.05 REAR RED REFLECTORS. 

438.06 SAFETY LIGHTING ON COMMERCIAL VEHICLES.

438.07 OBSCURED LIGHTS ON VEHICLES IN COMBINATION.

Whenever motor and other vehicles are operated in combination during the time that lights are required, any light, except tail lights, which by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination, need not be lighted, but this section does not affect the requirement that lighted clearance lights be displayed on the front of the foremost vehicle required to have clearance lights or that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
(ORC 4513.08)

438.08 RED LIGHT OR RED FLAG ON EXTENDED LOADS

438.09 LIGHTS ON PARKED OR STOPPED VEHICLES

.

438.10 LIGHTS ON SLOW-MOVING VEHICLES; EMBLEM REQUIRED; LIGHTS AND REFLECTORS ON MULTI-WHEEL AGRICULTURAL TRACTORS OR FARM MACHINERY.

438.11 SPOTLIGHT AND AUXILIARY LIGHTS.

438.12 COWL, FENDER AND BACK-UP LIGHTS. 

438.13 TWO LIGHTS DISPLAYED.

438.14 USE OF HEADLIGHT BEAMS. 

438.15 LIGHTS OF LESS INTENSITY ON SLOW-MOVING VEHICLES.

438.16 NUMBER OF LIGHTS PERMITTED; RED AND FLASHING LIGHTS. 

438.165 LIGHTS AND SOUND-PRODUCING DEVICES ON CORONER'S VEHICLES. 

438.17 VEHICLES TRANSPORTING PRESCHOOL CHILDREN. 

438.18 FOCUS AND AIM OF HEADLIGHTS. 

438.19 MOTOR VEHICLE AND MOTORCYCLE BRAKES.

438.20 HORN, SIREN AND THEFT ALARM SIGNAL. 

438.21 MUFFLER; MUFFLER CUTOUT; EXCESSIVE SMOKE, GAS OR NOISE.

438.22 REAR-VIEW MIRROR; CLEAR VIEW TO FRONT, BOTH SIDES AND REAR.

438.23 WINDSHIELD REQUIRED; SIGN OR POSTER UPON WINDSHIELD; WINDSHIELD WIPER.

438.24 TINTED GLASS; MATERIALS ON GLASS. 

440.02 MAXIMUM WIDTH, HEIGHT AND LENGTH.

440.03 WHEEL PROTECTORS.

440.04 VEHICLES TRANSPORTING EXPLOSIVES. 

440.05 TOWING REQUIREMENTS; EXCEPTION TO SIZE AND WEIGHT RESTRICTIONS. 

440.06 LOADS DROPPING OR LEAKING; TRACKING MUD; REMOVAL REQUIRED. 

440.07 VEHICLES WITH SPIKES, LUGS AND CHAINS. 

440.08 OCCUPYING TRAVEL TRAILER OR MANUFACTURED HOME WHILE IN MOTION. 

440.09 ROUTE AND LOAD INFORMATION. 

Drivers of vehicles described in this chapter are required, upon request by a police officer, to give full and true information as to the route they are following and the name of the consignor and consignee and place of delivery or removal and the location of any consignment being hauled or goods being removed, and upon a designation by such police officer of a route to be followed, shall immediately adopt and pursue such route.

440.10 SHIFTING LOAD; LOOSE LOADS. 

440.11 CHAUFFEURED LIMOUSINES. 

440.99 PENALTY. 

(Editor's note: See ' 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 442 Drivers of Commercial Vehicles

442.01 Definitions. 
442.02 Use of actual gross weight in lieu of rating. 
442.03 Licensing requirements. 
442.04 Physical qualification to operate commercial motor vehicles. 
442.05 Criminal offenses. 
442.06 Application of 49 C.F.R. Part 383.
442.07 Information required of prospective drivers by employers; unauthorized driving. 
442.08 Authority of peace officers re drunk driving. 
442.09 Permitting or driving while fatigued or ill prohibited. 
442.99 Penalty.

CROSS REFERENCES 
See section histories for similar State law Warning devices when disabled on freeways - see Ohio R.C. 4513.28 
Hours of service of truck drivers - see Ohio R.C. 4921.30, 4923.16 
Arrest notice of drivers - see Ohio R.C. 5577.14 
Driving under the influence, generally - see TRAF. 434.01 
Stopping after accidents, generally - see TRAF. 436.11, 436.12 
Load limits - see TRAF. 440.01 
Route and load information - see TRAF. 440.09

442.01 DEFINITIONS. 
As used in this chapter: 

442.02 USE OF ACTUAL GROSS WEIGHT IN LIEU OF RATING.
For purposes of this chapter, the actual gross weight of a vehicle or combination of vehicles may be used in lieu of a gross vehicle weight rating to determine whether a vehicle or combination of vehicles qualifies as a commercial motor vehicle if the gross vehicle weight rating specified by the manufacturer for the vehicle of combination of vehicles is not determinable, or if the manufacturer of the vehicle has not specified a gross vehicle weight rating.
(ORC 4506.011)

442.03 LICENSING REQUIREMENTS.

442.04 PHYSICAL QUALIFICATION TO OPERATE COMMERCIAL MOTOR VEHICLES.

442.05 CRIMINAL OFFENSES.

Statutory reference:
Alcohol or controlled substance testing, disqualification of drivers, see Ohio R.C. 4506.17
Disqualification of drivers for violations, see Ohio R.C. 4506.16

442.06 APPLICATION OF 49 C.F.R. PART 383.

442.07 INFORMATION REQUIRED OF PROSPECTIVE DRIVERS BY EMPLOYERS; UNAUTHORIZED DRIVING.

442.08 AUTHORITY OF PEACE OFFICERS RE DRUNK DRIVING.

442.09 PERMITTING OR DRIVING WHILE FATIGUED OR ILL PROHIBITED.

442.99 PENALTY.
(Editor's note: See 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 444  Bicycles and Motorcycles Generally

444.01 Code application to bicycles.
444.02 Riding upon seats; carrying packages; motorcycle handle bars; helmets and glasses.
444.03 Attaching bicycles, motorcycles to other vehicles.
444.04 Riding on right side of roadway; riding abreast.
444.05 Lights, signal devices, brakes on bicycles.
444.06 Riding bicycles upon sidewalks.
444.07 Safe riding regulations for bicycles.
444.08 Parking; locks.
444.09 Parent's responsibility.
444.10 Suspension of riding privileges; impounding of bicycles.
444.11 Operation of motorized bicycles.
444.99 Penalty.

CROSS REFERENCES

See section histories for similar State law
Bicycle regulations to be consistent with State law - see Ohio R.C. 4511.07(A)(8)
Bicycle defined - see TRAF. 402.05
Motorcycle defined - see TRAF. 402.23
Bicycles prohibited on freeways - see TRAF. 412.05
Operation of vehicles on bicycle paths - see TRAF. 432.41
Motorcycle operator's license required - see TRAF. 436.01
Motorcycle headlight - see TRAF. 438.03
Motorcycle brakes - see TRAF. 438.19
Off-highway motorcycles - see TRAF. Ch. 446

444.01 CODE APPLICATION TO BICYCLES.

444.02 RIDING UPON SEATS; CARRYING PACKAGES; MOTORCYCLE HANDLE BARS; HELMETS AND GLASSES.

444.03 ATTACHING BICYCLES, MOTORCYCLES TO OTHER VEHICLES.

444.04 RIDING ON RIGHT SIDE OF ROADWAY; RIDING ABREAST.

444.05 LIGHTS, SIGNAL DEVICES, BRAKES ON BICYCLES.

444.06 RIDING BICYCLES UPON SIDEWALKS.

A person operating a bicycle shall ride upon the sidewalk rather than the roadway when sidewalks are available, except that no person shall ride a bicycle upon a sidewalk upon or along which signs have been erected by authority of Council or other duly designated local authority prohibiting such bicycle riding, or within a business district. At no time shall a person under the age of 11 years operate a bicycle on a street.

444.07 SAFE RIDING REGULATIONS FOR BICYCLES.

444.08 PARKING; LOCKS

444.09 PARENT'S RESPONSIBILITY.

No parent of any child or guardian of any ward shall authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

444.10 SUSPENSION OF RIDING PRIVILEGES; IMPOUNDING OF BICYCLES.

In addition to the penalties provided in 408.01 and 408.02, a court may prohibit any person who violates or fails to comply with any of the provisions of this chapter relating to bicycles from riding a bicycle for a period not to exceed three months. In addition, any person violating or failing to comply with any of the provisions of this chapter relating to bicycles may be punished by having his or her bicycle impounded for a period not exceeding 30 days.

444.11 OPERATION OF MOTORIZED BICYCLES.

Statutory reference:
Suspension of probationary motorized bicycle license by the State, see Ohio R.C. 4510.34

444.99 PENALTY.
(Editor's note: See 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.)

CHAPTER 446  Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles

446.01 Definitions.
446.02 Equipment.
446.03 Code application; prohibited operation.
446.04 Permitted operation.
446.05 Licensing requirements of operator.
446.06 Accident reports.
446.07 Local control within police power.
446.08 Registration of vehicles.
446.09 Operation of off-highway motorcycle or all-purpose vehicle without certificate of title; failure to surrender.
446.99 Penalty.

CROSS REFERENCES

See section histories for similar State law
Power of court to impound registration certificates for certain violations - see Ohio R.C. 4519.47
Street or highway defined - see TRAF. 402.48
Operation on bicycle paths - see TRAF. 432.41
Bicycles and motorcycles generally - see TRAF. Ch. 444
Required usage of helmets and safety glasses - see TRAF. 444.02

446.01 DEFINITIONS.
As used in this chapter:

446.02 EQUIPMENT.

446.03 CODE APPLICATION; PROHIBITED OPERATION.

446.04 PERMITTED OPERATION.
Snowmobiles, off-highway motorcycles, and all-purpose vehicles may be operated as follows:
(a) To make a crossing of a highway, other than a highway as designated in Ohio R.C. 4519.40(A)(1) or a substantially equivalent municipal ordinance, whenever the crossing can be made in safety and will not interfere with the movement of vehicular traffic approaching from any direction on the highway, and provided that the operator yields the right-of-way to any approaching traffic that presents an immediate hazard;
(b) On highways in the county or township road systems whenever the local authority having jurisdiction over such highways so permits;
(c) Off and alongside street or highway for limited distances from the point of unloading from a conveyance to the point at which the snowmobile, off-highway motorcycle, or all-purpose vehicle is intended and authorized to be operated;
(d) On the berm or shoulder of a highway, other than a highway as designated in Ohio R.C. 4519.40(A)(1) or a substantially equivalent municipal ordinance, when the terrain permits such operation to be undertaken safely and without the necessity of entering any traffic lane;
(e) On the berm or shoulder or a county or township road, while traveling from one area of operation of the snowmobile, off-highway motorcycle, or all-purpose vehicle to another such area.
(ORC 4519.41)

446.05 LICENSING REQUIREMENTS OF OPERATOR.

446.06 ACCIDENT REPORTS.

446.07 LOCAL CONTROL WITHIN POLICE POWER.

Nothing contained in this chapter shall prevent the Municipality from regulating the operation of snowmobiles, off-highway motorcycle, and all-purpose vehicles on streets and highways and other public property under Municipal jurisdiction, and within the reasonable exercise of the police power, except that no registration or licensing of any snowmobile, off-highway motorcycle, or all-purpose vehicle required to be registered or titled under Ohio R.C. Chapter 4519 shall be required.     (ORC 4519.48)

446.08 REGISTRATION OF VEHICLES.

Statutory reference:
Destruction or disposal of vehicle; transfer of ownership; change of address; loss of certificate, see Ohio R.C. 4519.05
Registration of emergency vehicles, see Ohio R.C. 4519.08
Registration procedure, see Ohio R.C. 4519.03
Temporary license placards and fees, see Ohio R.C. 4519.10
Temporary operating permit for certain nonresidents, see Ohio R.C. 4519.09

446.09 OPERATION OF OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WITHOUT CERTIFICATE OF TITLE; FAILURE TO SURRENDER.