Section
404.01 Resisting an enforcing official
404.02 Road workers, motor vehicles and equipment excepted
404.03 Emergency, public safety and coroners’ vehicles excepted
404.04 Application to persons riding, driving animals upon roadway
404.05 Impounding of vehicles; redemption
404.06 Traffic direction in emergencies; obedience to school guards
404.07 Application to drivers of government vehicles
404.08 Authority of property owner
404.09 Vehicle storage charge
404.10 Traffic control in construction areas
404.11 Furnishing false information incident to traffic citation
404.99 Penalty
(a) No person shall resist, hinder, obstruct or abuse any sheriff, constable or other official while that official is attempting to arrest offenders under any provision of this traffic code. No person shall interfere with any person charged under any provision of this traffic code with the enforcement of the law relative to public highways.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.36)
(c) It is a defense to prosecution under this section that the hindrance, obstruction, resistance or interference alleged consisted of constitutionally protected speech only.
(Prior Code, § 404.02)
(a) The provisions of this traffic code, except for § 434.01, do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway within an area designated by traffic-control devices, but apply to those persons and vehicles when traveling to or from that work.
(b) The driver of a highway maintenance vehicle owned by this state or any political subdivision of this state, while the driver is engaged in the performance of official duties upon a street or highway, provided the highway maintenance vehicle is equipped with flashing lights and any other markings as are required by law and the lights are in operation when the driver and vehicle are so engaged, shall be exempt from criminal prosecution for violations of R.C. §§ 4511.25, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66, 4513.02 and 5577.01 to 5577.09, and any substantially equivalent municipal ordinance.
(c) (1) This section does not exempt a driver of a highway maintenance vehicle from civil liability arising from a violation of R.C. § 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66 or 4513.02 or 5577.01 to 5577.09, or any substantially equivalent municipal ordinance.
(2) This section does not exempt a driver of a vehicle who is not a state employee and who is engaged in the transport of highway maintenance equipment from criminal liability for a violation of R.C. §§ 5577.01 through 5577.09, or any substantially equivalent municipal ordinance.
(d) As used in this section, “engaged in the performance of official duties” includes driving a highway maintenance vehicle to and from the manufacturer or vehicle maintenance provider and transporting a highway maintenance vehicle, equipment, or materials to and from a work location.
(R.C. § 4511.04) (Prior Code, § 404.03)
Loading...