CHAPTER 438
Safety and Equipment
Safety and Equipment
438.01 Driving unsafe vehicles.
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.
438.11 Spotlight and auxiliary lights.
438.12 Cowl, fender and back-up lights.
438.13 Display of lighted lights.
438.14 Use of headlight beams.
438.15 Lights of less intensity on slow-moving vehicles.
438.16 Number of lights; limitations on flashing, oscillating or rotating lights.
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 and windshield wiper; sign or poster thereon.
438.235 Use of sunscreening, nontransparent and reflectorized materials.
438.24 Limited load extension on left side of passenger vehicle.
438.25 Motor vehicle stop lights.
438.26 Bumper heights.
438.27 Air cleaner required.
438.28 Child restraint system usage.
438.29 Drivers and passengers required to wear seat belts.
438.30 Ignition interlock devices.
438.31 Directional signals required.
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(d)
Wheel protectors for commercial vehicles - see TRAF. 440.03
Vehicles transporting explosives - see TRAF. 440.04
Towing requirements - see TRAF. 440.05
Occupying travel trailers while in motion - see TRAF. 440.08
Signal equipment on commercial vehicles - see TRAF. 440.11
Warning devices on disabled vehicles - see TRAF. 440.12
Bicycle equipment - see TRAF. 474.05
Snowmobile and all purpose vehicle equipment - see TRAF. 476.02
Improperly handling firearms in a motor vehicle - see GEN. OFF. 672.04
438.01 DRIVING UNSAFE VEHICLES.
(a) No person shall drive or move, or cause or knowingly permit to be driven or moved, on any street any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property.
(b) Nothing contained in this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter.
(c) The provisions of this chapter with respect to equipment on vehicles do not apply to implements of husbandry, road machinery, road rollers or agricultural tractors except as made applicable to such articles of machinery. (ORC 4513.02)
438.02 LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS.
(a) Every vehicle, other than a motorized bicycle, operated upon a street or highway shall display lighted lights and illuminating devices as required by this chapter during all of the following times:
(1) The time from sunset to sunrise;
(2) At any other time when, due to insufficient natural light or unfavorable atmospheric conditions, persons, vehicles, and substantial objects on the street or highway are not discernible at a distance of one thousand feet ahead;
(3) At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield.
Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the Ohio Director of Public Safety under Ohio R.C. 4511.521. No motor vehicle, during any time specified in this section, shall be operated upon a street or highway using only parking lights as illumination.
(b) Whenever in this chapter a requirement is declared as to the distance from which certain lights and devices shall render objects visible, or within which such lights or devices shall be visible, such distance shall be measured upon a straight level unlighted street under normal atmospheric conditions unless a different condition is expressly stated.
(c) Whenever in this chapter a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands.
(d) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause the operator of a vehicle being operated upon a street or highway to stop the vehicle solely because the officer observes that a violation of subsection (a)(3) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for a violation of that subsection, or causing the arrest of or commencing a prosecution of a person for a violation of that subsection. (ORC 4513.03)
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