HB 111: Impose additional fine for high-speed drivers
This bill amends the state's traffic laws to establish speed limits in school zones. The speed limit in school zones will be 20 miles per hour during school recess and when children are going to or leaving school. The speed limit will also be 25 miles per hour in all other portions of a municipal corporation, except on state routes outside business districts, through highways outside business districts, and alleys. On state routes or through highways within municipal corporations, the speed limit will be 35 miles per hour, and on controlled-access highways and expressways, it will be 50 miles per hour. The bill also designates a school zone on any portion of a state route where children customarily use a crosswalk to go to or leave school, as long as the distance from the school property line to the crosswalk is no more than 1,320 feet.<br>The bill proposes speed limit regulations for v…
| Feb. 26, 2025 | Referred to committee: Public Safety |
| Feb. 18, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session H. B. No. 111 2025-2026 Representatives Miller, K., Creech Cosponsors: Representatives Brennan, Deeter, Hiner, Bird
A B I L L
To amend section 4511.21 of the Revised Code to 1
impose an additional fine on drivers who exceed 2
the speed limit by 30 miles per hour. 3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.21 of the Revised Code be 4
amended to read as follows: 5
Sec. 4511.21. (A) No person shall operate a motor vehicle, 6
trackless trolley, or streetcar at a speed greater or less than 7
is reasonable or proper, having due regard to the traffic, 8
surface, and width of the street or highway and any other 9
conditions, and no person shall drive any motor vehicle, 10
trackless trolley, or streetcar in and upon any street or 11
highway at a greater speed than will permit the person to bring 12
it to a stop within the assured clear distance ahead. 13
(B) It is prima-facie lawful, in the absence of a lower 14
limit declared or established pursuant to this section by the 15
director of transportation or local authorities, for the 16
operator of a motor vehicle, trackless trolley, or streetcar to 17
operate the same at a speed not exceeding the following: 18
H. B. No. 111 As Introduced
(1)(a) Twenty miles per hour in school zones during school 19
recess and while children are going to or leaving school during 20
the opening or closing hours, and when twenty miles per hour 21
school speed limit signs are erected; except that, on 22
controlled-access highways and expressways, if the right-of-way 23
line fence has been erected without pedestrian opening, the 24
speed shall be governed by division (B)(4) of this section and 25
on freeways, if the right-of-way line fence has been erected 26
without pedestrian opening, the speed shall be governed by 27
divisions (B)(10) and (11) of this section. The end of every 28
school zone may be marked by a sign indicating the end of the 29
zone. Nothing in this section or in the manual and 30
specifications for a uniform system of traffic control devices 31
shall be construed to require school zones to be indicated by 32
signs equipped with flashing or other lights, or giving other 33
special notice of the hours in which the school zone speed limit 34
is in effect. 35
(b) As used in this section and in section 4511.212 of the 36
Revised Code, "school" means all of the following: 37
(i) Any school chartered under section 3301.16 of the 38
Revised Code; 39
(ii) Any nonchartered school that during the preceding 40
year filed with the department of education and workforce in 41
compliance with rule 3301-35-08 of the Ohio Administrative Code, 42
a copy of the school's report for the parents of the school's 43
pupils certifying that the school meets Ohio minimum standards 44
for nonchartered, nontax-supported schools and presents evidence 45
of this filing to the jurisdiction from which it is requesting 46
the establishment of a school zone; 47
(iii) Any special elementary school that in writing 48
H. B. No. 111 As Introduced
requests the county engineer of the county in which the special 49
elementary school is located to create a school zone at the 50
location of that school. Upon receipt of such a written request, 51
the county engineer shall create a school zone at that location 52
by erecting the appropriate signs. 53
(iv) Any preschool education program operated by an 54
educational service center that is located on a street or 55
highway with a speed limit of forty-five miles per hour or more, 56
when the educational service center in writing requests that the 57
county engineer of the county in which the program is located 58
create a school zone at the location of that program. Upon 59
receipt of such a written request, the county engineer shall 60
create a school zone at that location by erecting the 61
appropriate signs. 62
(c) As used in this section, "school zone" means that 63
portion of a street or highway passing a school fronting upon 64
the street or highway that is encompassed by projecting the 65
school property lines to the fronting street or highway, and 66
also includes that portion of a state highway. Upon request from 67
local authorities for streets and highways under their 68
jurisdiction and that portion of a state highway under the 69
jurisdiction of the director of transportation or a request from 70
a county engineer in the case of a school zone for a special 71
elementary school, the director may extend the traditional 72
school zone boundaries. The distances in divisions (B)(1)(c)(i), 73
(ii), and (iii) of this section shall not exceed three hundred 74
feet per approach per direction and are bounded by whichever of 75
the following distances or combinations thereof the director 76
approves as most appropriate: 77
(i) The distance encompassed by projecting the school 78
H. B. No. 111 Page 4
As Introduced
building lines normal to the fronting highway and extending a 79
distance of three hundred feet on each approach direction; 80
(ii) The distance encompassed by projecting the school 81
property lines intersecting the fronting highway and extending a 82
distance of three hundred feet on each approach direction; 83
(iii) The distance encompassed by the special marking of 84
the pavement for a principal school pupil crosswalk plus a 85
distance of three hundred feet on each approach direction of the 86
highway. 87
Nothing in this section shall be construed to invalidate 88
the director's initial action on August 9, 1976, establishing 89
all school zones at the traditional school zone boundaries 90
defined by projecting school property lines, except when those 91
boundaries are extended as provided in divisions (B)(1)(a) and 92
(c) of this section. 93
(d) As used in this division, "crosswalk" has the meaning 94
given that term in division (LL)(2) of section 4511.01 of the 95
Revised Code. 96
The director may, upon request by resolution of the 97
legislative authority of a municipal corporation, the board of 98
trustees of a township, or a county board of developmental 99
disabilities created pursuant to Chapter 5126. of the Revised 100
Code, and upon submission by the municipal corporation, 101
township, or county board of such engineering, traffic, and 102
other information as the director considers necessary, designate 103
a school zone on any portion of a state route lying within the 104
municipal corporation, lying within the unincorporated territory 105
of the township, or lying adjacent to the property of a school 106
that is operated by such county board, that includes a crosswalk 107
H. B. No. 111 As Introduced
customarily used by children going to or leaving a school during 108
recess and opening and closing hours, whenever the distance, as 109
measured in a straight line, from the school property line 110
nearest the crosswalk to the nearest point of the crosswalk is 111
no more than one thousand three hundred twenty feet. Such a 112
school zone shall include the distance encompassed by the 113
crosswalk and extending three hundred feet on each approach 114
direction of the state route. 115
(e) As used in this section, "special elementary school" 116
means a school that meets all of the following criteria: 117
(i) It is not chartered and does not receive tax revenue 118
from any source. 119
(ii) It does not educate children beyond the eighth grade. 120
(iii) It is located outside the limits of a municipal 121
corporation. 122
(iv) A majority of the total number of students enrolled 123
at the school are not related by blood. 124
(v) The principal or other person in charge of the special 125
elementary school annually sends a report to the superintendent 126
of the school district in which the special elementary school is 127
located indicating the total number of students enrolled at the 128
school, but otherwise the principal or other person in charge 129
does not report any other information or data to the 130
superintendent. 131
(2) Twenty-five miles per hour in all other portions of a 132
municipal corporation, except on state routes outside business 133
districts, through highways outside business districts, and 134
alleys; 135
H. B. No. 111 As Introduced
(3) Thirty-five miles per hour on all state routes or 136
through highways within municipal corporations outside business 137
districts, except as provided in divisions (B)(4) and (6) of 138
this section; 139
(4) Fifty miles per hour on controlled-access highways and 140
expressways within municipal corporations, except as provided in 141
divisions (B)(12), (13), (14), (15), and (16) of this section; 142
(5) Fifty-five miles per hour on highways outside 143
municipal corporations, other than highways within island 144
jurisdictions as provided in division (B)(8) of this section, 145
highways as provided in divisions (B)(9) and (10) of this 146
section, and highways, expressways, and freeways as provided in 147
divisions (B)(12), (13), (14), and (16) of this section; 148
(6) Fifty miles per hour on state routes within municipal 149
corporations outside urban districts unless a lower prima-facie 150
speed is established as further provided in this section; 151
(7) Fifteen miles per hour on all alleys within the 152
municipal corporation; 153
(8) Thirty-five miles per hour on highways outside 154
municipal corporations that are within an island jurisdiction; 155
(9) Thirty-five miles per hour on through highways, except 156
state routes, that are outside municipal corporations and that 157
are within a national park with boundaries extending through two 158
or more counties; 159
(10) Sixty miles per hour on two-lane state routes outside 160
municipal corporations as established by the director under 161
division (H)(2) of this section; 162
(11) Fifty-five miles per hour on freeways with paved 163
H. B. No. 111 As Introduced
shoulders inside municipal corporations, other than freeways as 164
provided in divisions (B)(14) and (16) of this section; 165
(12) Sixty miles per hour on rural expressways with 166
traffic control signals and on all portions of rural divided 167
highways, except as provided in divisions (B)(13) and (14) of 168
this section; 169
(13) Sixty-five miles per hour on all rural expressways 170
without traffic control signals; 171
(14) Seventy miles per hour on all rural freeways; 172
(15) Fifty-five miles per hour on all portions of freeways 173
or expressways in congested areas as determined by the director 174
and that are located within a municipal corporation or within an 175
interstate freeway outerbelt, except as provided in division (B) 176
(16) of this section; 177
(16) Sixty-five miles per hour on all portions of freeways 178
or expressways without traffic control signals in urbanized 179
areas. 180
(C) It is prima-facie unlawful for any person to exceed 181
any of the speed limitations in divisions (B)(1)(a), (2), (3), 182
(4), (6), (7), (8), and (9) of this section, or any declared or 183
established pursuant to this section by the director or local 184
authorities and it is unlawful for any person to exceed any of 185
the speed limitations in division (D) of this section. No person 186
shall be convicted of more than one violation of this section 187
for the same conduct, although violations of more than one 188
provision of this section may be charged in the alternative in a 189
single affidavit. 190
(D) No person shall operate a motor vehicle, trackless 191
trolley, or streetcar upon a street or highway as follows: 192
H. B. No. 111 As Introduced
(1) At a speed exceeding fifty-five miles per hour, except 193
upon a two-lane state route as provided in division (B)(10) of 194
this section and upon a highway, expressway, or freeway as 195
provided in divisions (B)(12), (13), (14), and (16) of this 196
section; 197
(2) At a speed exceeding sixty miles per hour upon a two- 198
lane state route as provided in division (B)(10) of this section 199
and upon a highway as provided in division (B)(12) of this 200
section; 201
(3) At a speed exceeding sixty-five miles per hour upon an 202
expressway as provided in division (B)(13) or upon a freeway as 203
provided in division (B)(16) of this section, except upon a 204
freeway as provided in division (B)(14) of this section; 205
(4) At a speed exceeding seventy miles per hour upon a 206
freeway as provided in division (B)(14) of this section; 207
(5) At a speed exceeding the posted speed limit upon a 208
highway, expressway, or freeway for which the director has 209
determined and declared a speed limit pursuant to division (I) 210
(2) or (L)(2) of this section. 211
(E) In every charge of violation of this section the 212
affidavit and warrant shall specify the time, place, and speed 213
at which the defendant is alleged to have driven, and in charges 214
made in reliance upon division (C) of this section also the 215
speed which division (B)(1)(a), (2), (3), (4), (6), (7), (8), or 216
(9) of, or a limit declared or established pursuant to, this 217
section declares is prima-facie lawful at the time and place of 218
such alleged violation, except that in affidavits where a person 219
is alleged to have driven at a greater speed than will permit 220
the person to bring the vehicle to a stop within the assured 221
H. B. No. 111 As Introduced
clear distance ahead the affidavit and warrant need not specify 222
the speed at which the defendant is alleged to have driven. 223
(F) When a speed in excess of both a prima-facie limitation and a limitation in division (D) of this section is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of this section, or of a limit declared or established pursuant to this section by the director or local authorities, and of the limitation in division (D) of this section. If the court finds a violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or established pursuant to, this section has occurred, it shall enter a judgment of conviction under such division and dismiss the charge under division (D) of this section. If it finds no violation of division (B)(1)(a), (2), (3), (4), (6), (7), (8), or (9) of, or a limit declared or established pursuant to, this section, it shall then consider whether the evidence supports a conviction under division (D) of this section.
(G) Points shall be assessed for violation of a limitation under division (D) of this section in accordance with section 4510.036 of the Revised Code.
(H)(1) Whenever the director determines upon the basis of 244
criteria established by an engineering study, as defined by the 245
director, that any speed limit set forth in divisions (B)(1)(a) 246
to (D) of this section is greater or less than is reasonable or 247
safe under the conditions found to exist at any portion of a 248
street or highway under the jurisdiction of the director, the 249
director shall determine and declare a reasonable and safe 250
prima-facie speed limit, which shall be effective when 251
H. B. No. 111 As Introduced
appropriate signs giving notice of it are erected at the 252
location. 253
(2) Whenever the director determines upon the basis of criteria established by an engineering study, as defined by the director, that the speed limit of fifty-five miles per hour on a two-lane state route outside a municipal corporation is less than is reasonable or safe under the conditions found to exist at that portion of the state route, the director may determine and declare a speed limit of sixty miles per hour for that portion of the state route, which shall be effective when appropriate signs giving notice of it are erected at the location.
(3)(a) For purposes of the safe and orderly movement of 264
traffic upon any portion of a street or highway under the 265
jurisdiction of the director, the director may establish a 266
variable speed limit that is different than the speed limit 267
established by or under this section on all or portions of 268
interstate six hundred seventy, interstate two hundred seventy- 269
five, and interstate ninety commencing at the intersection of 270
that interstate with interstate seventy-one and continuing to 271
the border of the state of Ohio with the state of Pennsylvania. 272
The director shall establish criteria for determining the 273
appropriate use of variable speed limits and shall establish 274
variable speed limits in accordance with the criteria. The 275
director may establish variable speed limits based upon the time 276
of day, weather conditions, traffic incidents, or other factors 277
that affect the safe speed on a street or highway. The director 278
shall not establish a variable speed limit that is based on a 279
particular type or class of vehicle. A variable speed limit 280
established by the director under this section is effective when 281
appropriate signs giving notice of the speed limit are displayed 282
H. B. No. 111 As Introduced
at the location. 283
(b) Except for variable speed limits established under 284
division (H)(3)(a) of this section, the director shall establish 285
a variable speed limit under the authority granted to the 286
director by this section on not more than two additional 287
highways and only pursuant to criteria established in rules 288
adopted in accordance with Chapter 119. of the Revised Code. The 289
rules shall be based on the criteria described in division (H) 290
(3)(a) of this section. The rules also shall establish the 291
parameters of any engineering study necessary for determining 292
when variable speed limits are appropriate. 293
(4) Nothing in this section shall be construed to limit 294
the authority of the director to establish speed limits within a 295
construction zone as authorized under section 4511.98 of the 296
Revised Code. 297
(I)(1) Except as provided in divisions (I)(2), (J), (K), 298
and (N) of this section, whenever local authorities determine 299
upon the basis of criteria established by an engineering study, 300
as defined by the director, that the speed permitted by 301
divisions (B)(1)(a) to (D) of this section, on any part of a 302
highway under their jurisdiction, is greater than is reasonable 303
and safe under the conditions found to exist at such location, 304
the local authorities may by resolution request the director to 305
determine and declare a reasonable and safe prima-facie speed 306
limit. Upon receipt of such request the director may determine 307
and declare a reasonable and safe prima-facie speed limit at 308
such location, and if the director does so, then such declared 309
speed limit shall become effective only when appropriate signs 310
giving notice thereof are erected at such location by the local 311
authorities. The director may withdraw the declaration of a 312
H. B. No. 111 As Introduced
prima-facie speed limit whenever in the director's opinion the altered prima-facie speed limit becomes unreasonable. Upon such withdrawal, the declared prima-facie speed limit shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities.
(2) A local authority may determine on the basis of criteria established by an engineering study, as defined by the director, that the speed limit of sixty-five or seventy miles per hour on a portion of a freeway under its jurisdiction is greater than is reasonable or safe under the conditions found to exist at that portion of the freeway. If the local authority makes such a determination, the local authority by resolution may request the director to determine and declare a reasonable and safe speed limit of not less than fifty-five miles per hour for that portion of the freeway. If the director takes such action, the declared speed limit becomes effective only when appropriate signs giving notice of it are erected at such location by the local authority.
(J) Local authorities in their respective jurisdictions may authorize by ordinance higher prima-facie speeds than those stated in this section upon through highways, or upon highways or portions thereof where there are no intersections, or between widely spaced intersections, provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in division (A) of this section or in any event authorize by ordinance a speed in excess of the maximum speed permitted by division (D) of this section for the specified type of highway.
Alteration of prima-facie limits on state routes by local 3
authorities shall not be effective until the alteration has been 3
H. B. No. 111 As Introduced
approved by the director. The director may withdraw approval of any altered prima-facie speed limits whenever in the director's opinion any altered prima-facie speed becomes unreasonable, and upon such withdrawal, the altered prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this section, "unimproved highway" means a highway consisting of any of the following:
(a) Unimproved earth; 352
(b) Unimproved graded and drained earth; 353
(c) Gravel. 354
(2) Except as otherwise provided in divisions (K)(4) and 355
(5) of this section, whenever a board of township trustees 356
determines upon the basis of criteria established by an 357
engineering study, as defined by the director, that the speed 358
permitted by division (B)(5) of this section on any part of an 359
unimproved highway under its jurisdiction and in the 360
unincorporated territory of the township is greater than is 361
reasonable or safe under the conditions found to exist at the 362
location, the board may by resolution declare a reasonable and 363
safe prima-facie speed limit of fifty-five but not less than 364
twenty-five miles per hour. An altered speed limit adopted by a 365
board of township trustees under this division becomes effective 366
when appropriate traffic control devices, as prescribed in 367
section 4511.11 of the Revised Code, giving notice thereof are 368
erected at the location, which shall be no sooner than sixty 369
days after adoption of the resolution. 370
(3)(a) Whenever, in the opinion of a board of township
H. B. No. 111 As Introduced
trustees, any altered prima-facie speed limit established by the 372
board under this division becomes unreasonable, the board may 373
adopt a resolution withdrawing the altered prima-facie speed 374
limit. Upon the adoption of such a resolution, the altered 375
prima-facie speed limit becomes ineffective and the traffic 376
control devices relating thereto shall be immediately removed. 377
(b) Whenever a highway ceases to be an unimproved highway 378
and the board has adopted an altered prima-facie speed limit 379
pursuant to division (K)(2) of this section, the board shall, by 380
resolution, withdraw the altered prima-facie speed limit as soon 381
as the highway ceases to be unimproved. Upon the adoption of 382
such a resolution, the altered prima-facie speed limit becomes 383
ineffective and the traffic control devices relating thereto 384
shall be immediately removed. 385
(4)(a) If the boundary of two townships rests on the 386
centerline of an unimproved highway in unincorporated territory 387
and both townships have jurisdiction over the highway, neither 388
of the boards of township trustees of such townships may declare 389
an altered prima-facie speed limit pursuant to division (K)(2) 390
of this section on the part of the highway under their joint 391
jurisdiction unless the boards of township trustees of both of 392
the townships determine, upon the basis of criteria established 393
by an engineering study, as defined by the director, that the 394
speed permitted by division (B)(5) of this section is greater 395
than is reasonable or safe under the conditions found to exist 396
at the location and both boards agree upon a reasonable and safe 397
prima-facie speed limit of less than fifty-five but not less 398
than twenty-five miles per hour for that location. If both 399
boards so agree, each shall follow the procedure specified in 400
division (K)(2) of this section for altering the prima-facie 401
speed limit on the highway. Except as otherwise provided in 402
H. B. No. 111 As Introduced
division (K)(4)(b) of this section, no speed limit altered 403
pursuant to division (K)(4)(a) of this section may be withdrawn 404
unless the boards of township trustees of both townships 405
determine that the altered prima-facie speed limit previously 406
adopted becomes unreasonable and each board adopts a resolution 407
withdrawing the altered prima-facie speed limit pursuant to the 408
procedure specified in division (K)(3)(a) of this section. 409
(b) Whenever a highway described in division (K)(4)(a) of 410
this section ceases to be an unimproved highway and two boards 411
of township trustees have adopted an altered prima-facie speed 412
limit pursuant to division (K)(4)(a) of this section, both 413
boards shall, by resolution, withdraw the altered prima-facie 414
speed limit as soon as the highway ceases to be unimproved. Upon 415
the adoption of the resolution, the altered prima-facie speed 416
limit becomes ineffective and the traffic control devices 417
relating thereto shall be immediately removed. 418
(5) As used in division (K)(5) of this section: 419
(a) "Commercial subdivision" means any platted territory 420
outside the limits of a municipal corporation and fronting a 421
highway where, for a distance of three hundred feet or more, the 422
frontage is improved with buildings in use for commercial 423
purposes, or where the entire length of the highway is less than 424
three hundred feet long and the frontage is improved with 425
buildings in use for commercial purposes. 426
(b) "Residential subdivision" means any platted territory 427
outside the limits of a municipal corporation and fronting a 428
highway, where, for a distance of three hundred feet or more, 429
the frontage is improved with residences or residences and 430
buildings in use for business, or where the entire length of the 431
highway is less than three hundred feet long and the frontage is 432
H. B. No. 111 As Introduced
improved with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis of criteria established by an engineering study, as defined by the director, that the prima-facie speed permitted by division (B)(5) of this section on any part of a highway under its jurisdiction that is located in a commercial or residential subdivision, except on highways or portions thereof at the entrances to which vehicular traffic from the majority of intersecting highways is required to yield the right-of-way to vehicles on such highways in obedience to stop or yield signs or traffic control signals, is greater than is reasonable and safe under the conditions found to exist at the location, the board may by resolution declare a reasonable and safe prima-facie speed limit of less than fifty-five but not less than twentyfive miles per hour at the location. An altered speed limit adopted by a board of township trustees under this division shall become effective when appropriate signs giving notice thereof are erected at the location by the township. Whenever, in the opinion of a board of township trustees, any altered prima-facie speed limit established by it under this division becomes unreasonable, it may adopt a resolution withdrawing the altered prima-facie speed, and upon such withdrawal, the altered prima-facie speed shall become ineffective, and the signs relating thereto shall be immediately removed by the township.
(L)(1) The director of transportation, based upon an 458
engineering study, as defined by the director, of a highway, 459
expressway, or freeway described in division (B)(12), (13), 460
(14), (15), or (16) of this section, in consultation with the 461
director of public safety and, if applicable, the local 462
authority having jurisdiction over the studied highway, 463
H. B. No. 111 As Introduced
expressway, or freeway, may determine and declare that the speed 464
limit established on such highway, expressway, or freeway under 465
division (B)(12), (13), (14), (15), or (16) of this section 466
either is reasonable and safe or is more or less than that which 467
is reasonable and safe. 468
(2) If the established speed limit for a highway, 469
expressway, or freeway studied pursuant to division (L)(1) of 470
this section is determined to be more or less than that which is 471
reasonable and safe, the director of transportation, in 472
consultation with the director of public safety and, if 473
applicable, the local authority having jurisdiction over the 474
studied highway, expressway, or freeway, shall determine and 475
declare a reasonable and safe speed limit for that highway, 476
expressway, or freeway. 477
(M)(1)(a) If the boundary of two local authorities rests 478
on the centerline of a highway and both authorities have 479
jurisdiction over the highway, the speed limit for the part of 480
the highway within their joint jurisdiction shall be either one 481
of the following as agreed to by both authorities: 482
(i) Either prima-facie speed limit permitted by division 483
(B) of this section; 484
(ii) An altered speed limit determined and posted in 485
accordance with this section. 486
(b) If the local authorities are unable to reach an 487
agreement, the speed limit shall remain as established and 488
posted under this section. 489
(2) Neither local authority may declare an altered prima- 490
facie speed limit pursuant to this section on the part of the 491
highway under their joint jurisdiction unless both of the local 492
H. B. No. 111 As Introduced
authorities determine, upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by this section is greater than is reasonable or safe under the conditions found to exist at the location and both authorities agree upon a uniform reasonable and safe prima-facie speed limit of less than fifty-five but not less than twentyfive miles per hour for that location. If both authorities so agree, each shall follow the procedure specified in this section for altering the prima-facie speed limit on the highway, and the speed limit for the part of the highway within their joint jurisdiction shall be uniformly altered. No altered speed limit may be withdrawn unless both local authorities determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in this section.
(N) The legislative authority of a municipal corporation 509
or township in which a boarding school is located, by resolution 510
or ordinance, may establish a boarding school zone. The 511
legislative authority may alter the speed limit on any street or 512
highway within the boarding school zone and shall specify the 513
hours during which the altered speed limit is in effect. For 514
purposes of determining the boundaries of the boarding school 515
zone, the altered speed limit within the boarding school zone, 516
and the hours the altered speed limit is in effect, the 517
legislative authority shall consult with the administration of 518
the boarding school and with the county engineer or other 519
appropriate engineer, as applicable. A boarding school zone 520
speed limit becomes effective only when appropriate signs giving 521
notice thereof are erected at the appropriate locations. 522
(O) As used in this section: 523
H. B. No. 111 As Introduced
(1) "Interstate system" has the same meaning as in 23 524
U.S.C. 101. 525
(2) "Commercial bus" means a motor vehicle designed for 526
carrying more than nine passengers and used for the 527
transportation of persons for compensation. 528
(3) "Noncommercial bus" includes but is not limited to a 529
school bus or a motor vehicle operated solely for the 530
transportation of persons associated with a charitable or 531
nonprofit organization. 532
(4) "Outerbelt" means a portion of a freeway that is part 533
of the interstate system and is located in the outer vicinity of 534
a major municipal corporation or group of municipal 535
corporations, as designated by the director. 536
(5) "Rural" means an area outside urbanized areas and 537
outside of a business or urban district, and areas that extend 538
within urbanized areas where the roadway characteristics remain 539
mostly unchanged from those outside the urbanized areas. 540
(6) "Urbanized area" has the same meaning as in 23 U.S.C. 541
101. 542
(7) "Divided" means a roadway having two or more travel 543
lanes for vehicles moving in opposite directions and that is 544
separated by a median of more than four feet, excluding turn 545
lanes. 546
(P)(1) A violation of any provision of this section is one 547
of the following: 548
(a) Except as otherwise provided in divisions (P)(1)(b), 549
(1)(c), (2), and (3), and (4) of this section, a minor 550
misdemeanor; 551
H. B. No. 111 As Introduced
(b) If, within one year of the offense, the offender 552
previously has been convicted of or pleaded guilty to two 553
violations of any provision of this section or of any provision 554
of a municipal ordinance that is substantially similar to any 555
provision of this section, a misdemeanor of the fourth degree; 556
(c) If, within one year of the offense, the offender 557
previously has been convicted of or pleaded guilty to three or 558
more violations of any provision of this section or of any 559
provision of a municipal ordinance that is substantially similar 560
to any provision of this section, a misdemeanor of the third 561
degree. 562
(2) If the offender operated a motor vehicle faster than thirty-five miles an hour in a business district of a municipal corporation, faster than fifty miles an hour in other portions of a municipal corporation, or faster than thirty-five miles an hour in a school zone during recess or while children are going to or leaving school during the school's opening or closing hours, a misdemeanor of the fourth degree. Division (P)(2) of this section does not apply if penalties may be imposed under division (P)(1)(b) or (c) of this section.
(3) Notwithstanding division (P)(1) of this section, if 572
the offender operated a motor vehicle in a construction zone 573
where a sign was then posted in accordance with section 4511.98 574
of the Revised Code, the court, in addition to all other 575
penalties provided by law, shall impose upon the offender a fine 576
of two times the usual amount imposed for the violation. No 577
court shall impose a fine of two times the usual amount imposed 578
for the violation upon an offender if the offender alleges, in 579
an affidavit filed with the court prior to the offender's 580
sentencing, that the offender is indigent and is unable to pay 581
H. B. No. 111 As Introduced
the fine imposed pursuant to this division and if the court 582
determines that the offender is an indigent person and unable to 583
pay the fine. 584
(4) Notwithstanding division (P)(1) of this section, if 585
the offender operated a motor vehicle at a speed exceeding 586
thirty miles per hour over the statutory or posted speed limit, 587
the court, in addition to all other penalties provided by law, 588
shall impose upon the offender a fine that is two hundred 589
dollars more than the usual amount imposed for the violation. No 590
court shall impose the additional fine specified in this 591
division upon an offender if the offender alleges, in an 592
affidavit filed with the court prior to the offender's 593
sentencing, that the offender is indigent and unable to pay the 594
fine imposed pursuant to this division and if the court 595
determines that the offender is an indigent person and unable to 596
pay the fine. 597
(5) If the offender commits the offense while distracted 598
and the distracting activity is a contributing factor to the 599
commission of the offense, the offender is subject to the 600
additional fine established under section 4511.991 of the 601
Revised Code. 602
Section 2. That existing section 4511.21 of the Revised 603
Code is hereby repealed. 604