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(a) Every motor vehicle and motorcycle shall be equipped with a mirror so located as to reflect to the operator a view of the highway to the rear of the vehicle or motorcycle. Operators of vehicles and motorcycles shall have a clear and unobstructed view to the front and to both sides of their vehicles and motorcycles and shall have a clear view to the rear of their vehicles and motorcycles by mirror.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.23)
(a) No person shall drive any motor vehicle on a street or highway in this municipality, other than a motorcycle or motorized bicycle, that is not equipped with a windshield.
(b) (1) No person shall drive any motor vehicle, other than a bus, with any sign, poster or other nontransparent material upon the front windshield, sidewings, side or rear windows of the vehicle other than a certificate or other paper required to be displayed by law, except that there may be in the lower left-hand or right-hand corner of the windshield a sign, poster or decal not to exceed four inches in height by six inches in width. No sign, poster or decal shall be displayed in the front windshield in such a manner as to conceal the vehicle identification number for the motor vehicle when, in accordance with federal law, that number is located inside the vehicle passenger compartment and so placed as to be readable through the vehicle glazing without moving any part of the vehicle.
(2) Division (b)(1) of this section does not apply to a person who is driving a passenger car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if either of the following apply to the device:
A. It is a “vehicle safety technology” as defined in 49 C.F.R. § 393.5 and complies with 49 C.F.R. § 393.60(e)(1)(ii).
B. It does not restrict the vehicle operator’s sight lines to the road and highway signs and signals, and it does not conceal the vehicle identification number.
(3) Division (b)(1) of this section does not apply to a person who is driving a commercial car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if either of the following apply to the device:
A. It is a “vehicle safety technology” as defined in 49 C.F.R. § 393.5 and complies with 49 C.F.R. § 393.60(e)(1)(ii).
B. It does not restrict the vehicle operator’s sight lines to the road and highway signs and signals, and it is mounted not more than 8.5 inches below the upper edge of the windshield.
(c) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield. The device shall be maintained in good working order and so constructed as to be controlled or operated by the operator of the vehicle.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.24)
(a) No passenger-type vehicle shall be operated on a highway with any load carried on the vehicle which extends more than six inches beyond the line of the fenders on the vehicle’s left side.
(R.C. § 4513.30)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.99)
(a) (1) Every motor vehicle, trailer, semitrailer and pole trailer when operated upon a highway shall be equipped with two or more stop lights, except that passenger cars manufactured or assembled prior to January 1, 1967, motorcycles and motor-driven cycles shall be equipped with at least one stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. These stop lights when actuated shall emit a red light visible from a distance of 500 feet to the rear; provided that in the case of a train of vehicles only the stop lights on the rearmost vehicle need be visible from the distance specified.
(2) These stop lights when actuated shall give a steady warning light to the rear of a vehicle or train of vehicles to indicate the intention of the operator to diminish the speed of or stop a vehicle or train of vehicles.
(3) When stop lights are used as required by this section, they shall be constructed or installed so as to provide adequate and reliable illumination and shall conform to the appropriate rules and regulations established under R.C. § 4513.19.
(4) Historical motor vehicles as defined in R.C. § 4503.181, not originally manufactured with stop lights, are not subject to this section.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4513.071)
(a) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in R.C. § 4511.01, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards:
(1) A child who is less than four years of age; and
(2) A child who weighs less than 40 pounds.
(b) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is owned, leased or otherwise under the control of a nursery school or child care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards:
(1) A child who is less than four years of age; and
(2) A child who weighs less than 40 pounds.
(c) When any child who is less than eight years of age and less than four feet nine inches in height, who is not required by division (a) or (b) of this section to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in R.C. § 4511.01 or a vehicle that is regulated under R.C. § 5104.015, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions on a booster seat that meets federal motor vehicle safety standards.
(d) When any child who is at least eight years of age but not older than 15 years of age, and who is not otherwise required by division (a), (b), or (c) of this section to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in R.C. § 4511.01, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in R.C. § 4513.263.
(e) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (c) or (d) 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 division (c) or (d) of this section or causing the arrest of or commencing a prosecution of a person for a violation of division (c) or (d) of this section, and absent another violation of law, a law enforcement officer’s view of the interior or visual inspection of a motor vehicle being operated on any street or highway may not be used for the purpose of determining whether a violation of division (c) or (d) of this section has been or is being committed.
(f) The Director of Public Safety shall adopt such rules as are necessary to carry out this section.
(g) The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat, or in an occupant restraining device as required in this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section.
(h) This section does not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child who otherwise would be required to be restrained under this section. This section does not apply to a person operating a motor vehicle who has an affidavit signed by a physician licensed to practice in this state under R.C. Chapter 4731 or a chiropractor licensed to practice in this state under R.C. Chapter 4734 that states that the child who otherwise would be required to be restrained under this section has a physical impairment that makes use of a child restraint system, booster seat, or an occupant restraining device impossible or impractical, provided that the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendations of the physician or chiropractor as noted on the affidavit.
(i) Nothing in this section shall be construed to require any person to carry with the person the birth certificate of a child to prove the age of the child, but the production of a valid birth certificate for a child showing that the child was not of an age to which this section applies is a defense against any ticket, citation, or summons issued for violating this section.
(j) (1) Whoever violates division (a), (b), (c), or (d) of this section shall be punished as follows, provided that the failure of an operator of a motor vehicle to secure more than one child in a child restraint system, booster seat, or occupant restraining device as required by this section that occurred at the same time, on the same day, and at the same location is deemed to be a single violation of this section:
A. Except as otherwise provided in division (j)(1)B. of this section, the offender is guilty of a minor misdemeanor and shall be fined not less than $25 nor more than $75.
B. If the offender previously has been convicted of or pleaded guilty to a violation of division (a), (b),(c) or (d) of this section or of a state law or municipal ordinance that is substantially equivalent any of those divisions, the offender is guilty of a misdemeanor of the fourth degree.
(2) All fines imposed pursuant to division (j)(1) of this section shall be forwarded to the State Treasurer for deposit in the Child Highway Safety Fund created by R.C. § 4511.81(I).
(R.C. § 4511.81(A) - (H), (K), (L))
(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) AUTOMOBILE. Any commercial tractor, passenger car, commercial car or truck that is required to be factory- equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, 80 Stat. 719, 15 U.S.C. § 1392.
(2) COMMERCIAL TRACTOR, PASSENGER CAR AND COMMERCIAL CAR. Have the same meanings as in R.C. § 4501.01.
(3) OCCUPANT RESTRAINING DEVICE. A seat safety belt, shoulder belt, harness or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum federal vehicle safety standards established by the United States Department of Transportation.
(4) PASSENGER. Any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.
(5) TORT ACTION. A civil action for damages for injury, death or loss to person or property. TORT ACTION includes a product liability claim, as defined in R.C. § 2307.71, and as asbestos claim, as defined in R.C. § 2307.91, but does not include a civil action for damages for breach of contract or another agreement between persons.
(6) VEHICLE and MOTOR VEHICLE. As used in the definitions of the terms set forth above, have the same meanings as in R.C. § 4511.01.
(b) Prohibited acts. No person shall do any of the following:
(1) Operate an automobile on any street or highway unless he or she is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator’s seat unless he or she is wearing all of the available elements of the device, as properly adjusted.
(2) Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in division (b)(3) of this section is wearing all of the available elements of a properly adjusted occupant restraining device.
(3) Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless he or she is wearing all of the available elements of a properly adjusted occupant restraining device.
(4) Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.
(c) Exceptions. Division (b)(3) of this section does not apply to a person who is required by R.C. § 4511.81 or a substantially equivalent municipal ordinance to be secured in a child restraint device or booster seat. Division (b)(1) of this section does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees. Divisions (b)(1) and (b)(3) of this section do not apply to a person who has an affidavit signed by a physician licensed to practice in this state under R.C. Chapter 4731 or a chiropractor licensed to practice in this state under R.C. Chapter 4734 that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.
(d) Officers not permitted to stop cars to determine violation. Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (b) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for the violation or for causing the arrest of or commencing a prosecution of a person for the violation. No law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether the violation has been or is being committed.
(e) Use of fines for educational program. All fines collected for violations of division (b) of this section shall be forwarded to the State Treasurer for deposit in the funds as set forth in R.C. § 4513.263(E).
(f) Limitations on evidence used for prosecution.
(1) Subject to division (f)(2) of this section, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device in violation of division (b)(1) or (b)(3) of this section or the failure of a person to ensure that each minor who is a passenger of an automobile being operated by that person is wearing all of the available elements of a properly adjusted occupant restraining device in violation of division (b)(2) of this section shall not be considered or used by the trier of fact in a tort action as evidence of negligence or contributory negligence. But, the trier of fact may determine based on evidence admitted consistent with the Ohio Rules of Evidence that the failure contributed to the harm alleged in the tort action and may diminish a recovery of compensatory damages that represents non-economic loss, as defined in R.C. § 2307.011, in a tort action that could have been recovered but for the plaintiff’s failure to wear all of the available elements of a properly adjusted occupant restraining device. Evidence of that failure shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section; and shall not be admissible as evidence in a criminal action involving the person other than a prosecution for a violation of this section.
(2) If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted, then, consistent with the Rules of Evidence, the fact that the occupant was not wearing the available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following:
A. It seeks to recover damages for injury or death to the occupant;
B. The defendant in question is the manufacturer, designer, distributor or seller of the passenger car; and
C. The claim for relief against the defendant in question is that the injury or death sustained by the occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy.
(g) Penalty.
(1) Whoever violates division (b)(1) of this section shall be fined $30.
(2) Whoever violates division (b)(2) of this section shall be subject to the penalty set forth in § 408.02.
(3) Whoever violates division (b)(3) of this section shall be fined $20.
(4) Except as otherwise provided in this division, whoever violates division (b)(4) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to a violation of division (b)(4) of this section, whoever violates division (b)(4) of this section is guilty of a misdemeanor of the third degree.
(R.C. § 4513.263)
(a) No person shall operate, on any highway or other public or private property open to the public for vehicular travel or parking, lease, or rent any motor vehicle that is required to be registered in this state with any sunscreening material, or other product or material which has the effect of making the windshield or windows nontransparent or would alter the windows’ color, increase its reflectivity, or reduce its light transmittance, unless the product or material satisfies one of the following exceptions:
(1) Any manufacturer’s tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by Federal Motor Vehicle Safety Standard Number 205 (FMVSS 205) in effect at the time of the manufacture of the motor vehicle until such standard is subsequently repealed or reduced. In Federal Motor Vehicle Safety Standard Number 205, (FMVSS 205)
MANUFACTURER means any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale. Federal Motor Vehicle Safety Standard Number 205 (FMVSS), 49 C.F.R. Part 571, can be obtained online at web site www.access.gpo.gov/nara;
(2) Any sunscreening material or other product or material applied to the windshield when used in conjunction with the safety glazing materials of the window, has a light transmittance of not less than 70% plus or minus 3% and is not red or yellow in color;
(3) Any sunscreening material or other product or material applied to the side windows to the immediate right or left the driver, so long as the material, when used in conjunction with the safety glazing materials of such windows, has a light transmittance of not less than 50% plus or minus 3% and is not red or yellow in color.
(4) Any sunscreening material or other product or material applied to a window not otherwise listed in divisions (a)(1) through (a)(3) or (a)(5) of this section, except that outside left and right rear view mirrors are required if the sunscreening material is applied to the rear window and the sunscreening material, when used in conjunction with the safety glazing material of the window, has a light transmittance of less than 50% plus or minus 3%; or
(5) Any sunscreening material or other product or material applied along the top of the windshield and that does not extend downward beyond the AS-1 line or five inches from the top of the windshield, whichever is closer to the top, is not regulated by this rule or this section.
(b) No person shall install in any motor vehicle any glass or other material that fails to conform to the specifications of this section.
(c) No used motor vehicle dealer or new motor vehicle dealer, as defined in R.C. § 4517.01, shall sell any motor vehicle that fails to conform to the specifications of this chapter.
(d) No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings or rear window.
(e) No person shall operate on any highway or other public or private property open to the public for vehicular travel or parking, lease, or rent any motor vehicle that is required to be registered in this state that is equipped with privacy drapes, louvers, curtains or blinds unless the drapes, louvers, curtains or blinds are open and secure during vehicle operation.
(f) All motor vehicles, beginning with the 1990 model year, must be equipped with labels identifying sunscreening material. All sunscreening material must indicate the manufacturer’s name and the percentage level of light transmission of the material permanently installed between the material and the surface to which the material is applied or affixed. The label must be legible and must be placed in the lower left-hand corner of the vehicle window when viewed from the outside.
(O.A.C. 4501-41-03)
(g) Exemptions.
(1) The provisions of this section do not apply to a motor vehicle registered in this state in the name of a person, or the person’s parent, legal guardian, or spouse who has an affidavit signed by a physician licensed to practice in this state under R.C. Chapter 4731, or an affidavit signed by an optometrist licensed to practice in this state under R.C. Chapter 4725, that states that the person has a physical condition that makes it necessary to equip such motor vehicle with sunscreening material which would be of a light transmittance and/or luminous reflectance in violation of this chapter. The affidavit shall be in the possession of the person so afflicted, or the driver, at all times while in the motor vehicle.
(2) The provisions of this section do not apply to the windows to the rear of the driver in chauffeured limousines as defined in division (h).
(3) The provisions of this section do not apply to the windows to the rear of the driver in those vehicles designed and used to transport corpses which include hearses and other vehicles adapted for the use.
(4) The provisions of this section do not apply to the manufacturer’s tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by Federal Motor Vehicle Safety Standard Number 205 (FMVSS 205) in effect at the time of the manufacture of the motor vehicle as provided in divisions (a) through (f). Federal Motor Vehicle Safety Standard Number 205 (FMVSS 205), 49 C.F.R. Part 571, can be obtained online at web site www.access.gpo.gov/nara.
(O.A.C. 4501-41-05)
(h) Definitions. As used in this section, certain terms are defined as follows:
(1) CHAUFFEURED LIMOUSINE. A motor vehicle that is designed to carry nine or fewer passengers and is operated for hire on an hourly basis pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person hiring the vehicle and not over a defined and regular route. PREARRANGED CONTRACT means an agreement, made in advance of boarding, to provide transportation from a specific location in a chauffeured limousine at a fixed rate per hour or trip. CHAUFFEURED LIMOUSINE does not include any vehicle that is used exclusively in the business of funeral directing.
(2) MANUFACTURER. Unless otherwise specified in this chapter, means any person who engages in the manufacturing or assembling of sunscreening products or materials or any person who fabricates, laminates, or tempers a safety glazing material, incorporating, during the manufacturing process, the capacity to reflect or reduce the transmission of light.
(3) MOTOR VEHICLE. Every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed of 25 miles per hour or less, threshing machinery, hay-baling machinery, and agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural, and vegetable products.
(4) SUNSCREENING MATERIAL. Products or materials, including film, glazing, and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduce the effects of the sun with respect to light reflectance or transmittance.
(5) TRANSMITTANCE. The ratio of the amount of total light, expressed in percentages, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing.
(6) WINDOW. Any device designed for exterior viewing from a motor vehicle, except the windshield or any roof-mounted viewing device.
(7) WINDSHIELD. The front exterior viewing device of a motor vehicle.
(O.A.C. 4501-41-02)
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