CHAPTER 404: ENFORCEMENT; IMPOUNDING

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

§ 404.01 RESISTING AN ENFORCING OFFICIAL.

   (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)

§ 404.02 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED.

   (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)

§ 404.03 EMERGENCY, PUBLIC SAFETY AND CORONERS’ VEHICLES EXCEPTED.

   (a)   The provisions of R.C. §§ 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.202, 4511.21, 4511.211, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.62, 4511.66, 4511.68, 4511.681 and 4511.69, and any substantially equivalent municipal ordinances, do not apply to the driver of an emergency vehicle or public safety vehicle if 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 if the driver of the vehicles is giving an audible signal by siren, exhaust whistle or bell. 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 and property upon the highway.

(R.C. § 4511.041)

   (b)   The provisions of R.C. §§ 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.35, 4511.36, 4511.37, 4511.38 and 4511.66, or any substantially equivalent municipal ordinances, do not apply to a coroner, deputy coroner or coroner’s investigator operating a motor vehicle in accordance with R.C. § 4513.171 or a substantially equivalent municipal ordinance. This division does not relieve a coroner, deputy coroner or coroner’s investigator operating a motor vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

(R.C. § 4511.042)

(Prior Code, § 404.035)

§ 404.04 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.

(R.C. § 4511.05)