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, emblems, and reflectors on slow-moving vehicles, farm machinery, agricultural tractors, and animal-drawn vehicles.
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.
438.17   Focus and aim of headlights.
438.18   Motor vehicle and motorcycle brakes.
438.19   Horn, siren and theft alarm signal.
438.20   Muffler; muffler cutout; excessive smoke, gas or noise.
438.21   Rear-view mirror; clear view to front, both sides and rear.
438.22   Windshield required; sign or poster upon windshield; windshield wiper.
438.225   Tinted glass; materials on glass.
438.23   Limited load extension on left side of passenger vehicle.
438.24   Motor vehicle stop lights.
438.25   Bumpers.
438.26   Snow removal equipment and lights.
438.27   Child restraint system usage; exceptions; dismissal and penalty.
438.275   Use of occupant restraining devices.
438.28   Ignition interlock devices. (Repealed)
438.29   Vehicles transporting preschool children.
438.30   Air bags.
438.31   Engine retarding brakes prohibited.
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 - see TRAF. 440.05
   Occupying travel trailers while in motion - see TRAF. 440.08
   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; 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.
(ORC 4513.02(A); Ord. 1786. Passed 1-14-74.)
   (b)   Nothing contained in this traffic code shall be construed to prohibit the use of additional part and accessories on any vehicle not inconsistent with the provisions of this Code.
(Ord. 1341. Passed 10-15-56.)
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.02(H))
   438.02   LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS.
   (a)   Every vehicle, other than a motorized bicycle, operated upon a street or highway within this state shall display lighted lights and illuminating devices as required by Ohio R.C. 4513.04 through 4513.37 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 highway are not discernible at a distance of 1,000 feet ahead;
      (3)   At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield.
   (b)   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 within this state using only parking lights as illumination.
   (c)   Whenever in such sections a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, such distance shall be measured upon a straight level unlighted highway under normal atmospheric conditions unless a different condition is expressly stated.
   (d)   Whenever in such sections 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.
   (e)   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 within this state to stop the vehicle solely because the officer observes that a violation of division (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 division, or causing the arrest of or commencing a prosecution of a person for a violation of that division.
   (f)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.03)
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