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(A) (1) On and after January 1, 2020, manufacturers and distributors of electric bicycles shall permanently affix a label, in a prominent location, to each electric bicycle. The label shall specify whether the electric bicycle is a class 1, class 2, or class 3 electric bicycle, the top assisted speed that the electric bicycle is capable of reaching, and the motor wattage of the electric bicycle.
(2) No person shall modify an electric bicycle in a manner that changes the top assisted speed that the electric bicycle is capable of reaching unless the person also modifies the label required under division (A)(1) of this section to reflect the modification.
(B) (1) The manufacturer of an electric bicycle shall ensure that the electric bicycle complies with the equipment and manufacturing requirements for bicycles established by the consumer product safety commission under 16 C.F.R. §§ 1512 et seq.
(2) The manufacturer shall manufacture all class 1 electric bicycles and class 3 electric bicycles so that when the rider ceases pedaling the electric motor ceases to provide assistance. The manufacturer shall manufacture all class 2 electric bicycles so that when the rider applies the brakes or releases or activates a switch or similar mechanism the electric motor ceases to provide assistance.
(3) All class 3 electric bicycles shall be equipped with a speedometer that displays the speed of the electric bicycle in miles per hour.
(C) (1) The operation of a class 1 electric bicycle and a class 2 electric bicycle is permitted on a path set aside for the exclusive use of bicycles or on a shared-use path, unless the county, township, municipal corporation, other local authority, or state agency as defined in R.C. § 1.60 with control over the path by resolution, ordinance, or rule prohibits the use of a class 1 electric bicycle or class 2 electric bicycle on such a path.
(2) No person shall operate a class 3 electric bicycle on a path set aside for the exclusive use of bicycles or a shared-use path unless that path is within or adjacent to a highway or the county, township, municipal corporation, or local authority, or state agency as defined in R.C. § 1.60 with control over the path by resolution, ordinance, or rule authorizes the use of a class 3 electric bicycle on such a path.
(3) No person shall operate a class 1 electric bicycle, a class 2 electric bicycle, or a class 3 electric bicycle on a path that is intended to be used primarily for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural surface trail that has historically been reserved for non-motorized use, unless the county, township, municipal corporation, other local authority, or state agency as defined in R.C. § 1.60 with control over the path by resolution, ordinance, or rule authorizes the use of a class 1 electric bicycle, a class 2 electric bicycle, or a class 3 electric bicycle on such a path.
(4) Divisions (C)(2) and (C)(3) of this section do not apply to a law enforcement officer, or other person sworn to enforce the criminal and traffic laws of the state, using an electric bicycle while in the performance of the officer’s duties.
(D) (1) No person under 16 years of age shall operate a class 3 electric bicycle; however, a person under 16 years of age may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.
(2) No person shall operate or be a passenger on a class 3 electric bicycle unless the person is wearing a protective helmet that meets the standards established by the Consumer Product Safety Commission or the American Society for Testing and Materials.
(E) (1) Except as otherwise provided in this division, whoever operates an electric bicycle in a manner that is prohibited under division (C) of this section and whoever violates division (D) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(2) The offenses established under division (E)(1) of this section are strict liability offenses and strict liability is a culpable mental state for purposes of R.C. § 2901.20. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(R.C. § 4511.522)
SNOWMOBILES, OFF-HIGHWAY MOTORCYCLES, AND ALL-PURPOSE VEHICLES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL-PURPOSE VEHICLE. Any self-propelled vehicle designed primarily for cross-country travel on land and water, or on more than one type of terrain,
and steered by wheels or caterpillar treads, or any combination thereof, including vehicles that operate on a cushion of air, vehicles commonly known as all-terrain vehicles, all season vehicles, mini-bikes and trail bikes. The term does not include a utility vehicle as defined in R.C. § 4501.01 or any vehicle principally used in playing golf, any motor vehicle or aircraft required to be registered under R.C. Chapter 4503 or R.C. Chapter 4561, and any vehicle excepted from definition as a motor vehicle by R.C. § 4501.01(B).
DEALER. Any person or firm engaged in the business of manufacturing or selling snowmobiles, off-highway motorcycles, or all-purpose vehicles at wholesale or retail, or who rents, leases or otherwise furnishes snowmobiles, off-highway motorcycles, or all-purpose vehicles for hire.
ELECTRONIC and ELECTRONIC RECORD. Have the same meanings as in R.C. § 4501.01.
ELECTRONIC DEALER. A dealer whom the Registrar of Motor Vehicles designates under R.C. § 4519.511.
INTERSTATE HIGHWAY. Any part of the interstate system of highways as defined in subsection (e), 90 Stat. 431 (1976), 23 USC 103, as amended.
LIMITED ACCESS HIGHWAY OR FREEWAY. Have the same meanings as in R.C. § 5511.02.
MINI-TRUCK.
A vehicle that has four wheels, is propelled by an electric motor with a rated power of 7,500 watts or less or an internal combustion engine with a piston displacement capacity of 660 cubic centimeters or less, has a total dry weight of 900 to 2,200 pounds, contains an enclosed cabin and a seat for the vehicle operator, resembles a pickup truck or van with a cargo area or bed located at the rear of the vehicle, and was not originally manufactured to meet federal motor vehicle safety standards.
OFF-HIGHWAY MOTORCYCLE. Every motorcycle, as defined in R.C. § 4511.01, that is designed to be operated primarily on lands other than a street or highway.
OPERATOR. Any person who operates or is in actual physical control of a snowmobile, off-highway motorcycle, or all-purpose vehicle.
OWNER. Any person or firm other than a lienholder or dealer, having title to a snowmobile, off-highway motorcycle, or all-purpose vehicle, or other right to the possession thereof.
PROOF OF FINANCIAL RESPONSIBILITY. Has the same meaning as in R.C. § 4509.01.
SNOWMOBILE. Any self-propelled vehicle designed primarily for use on snow or ice, and steered by skis, runners or caterpillar treads.
STATE HIGHWAY and STATE ROUTE. Have the same meanings as in R.C. § 4511.01.
STREET or HIGHWAY. Have the same meaning as in R.C. § 4511.01.
(R.C. § 4519.01)
(A) In addition to any rules or regulations promulgated by the Ohio Director of Public Safety pursuant to R.C. § 4519.20 and R.C. Chapter 119, equipment of snowmobiles, off-highway motorcycles, and all-purpose vehicles shall include but not necessarily be limited to requirements for the following items of equipment:
(1) At least one headlight having a minimum candlepower of sufficient intensity to reveal persons and objects at a distance of at least 100 feet ahead under normal atmospheric conditions during hours of darkness;
(2) At least one red tail light having a minimum candlepower of sufficient intensity to be plainly visible from a distance of 500 feet to the rear under normal atmospheric conditions during hours of darkness;
(3) Every snowmobile, while traveling on packed snow, shall be capable of carrying a driver who weighs 175 pounds or more, and, while carrying such driver, be capable of stopping in no more than 40 feet from an initial steady speed of 20 miles per hour, or locking its traction belt; and
(4) A muffler system capable of precluding the emission of excessive smoke or exhaust fumes, and of limiting the engine noise of vehicles. On snowmobiles manufactured after January 1, 1973, such requirement shall include sound dampening equipment such that noise does not exceed 82 decibels on the "A" scale at 50 feet as measured according to SAE J192 (September 1970).
(B) No person shall operate any snowmobile, off-highway motorcycle, or all-purpose vehicle in violation of this section, except that equipment specified in division (A)(1) and (A)(2) of this section shall not be required on snowmobiles, off-highway motorcycles, or all-purpose vehicles operated during the daylight hours.
(R.C. § 4519.20(A), (B))
(C) No person shall sell, offer for sale, lease, rent or otherwise furnish for hire in this municipality any new snowmobile, off-highway motorcycle, or all-purpose vehicle that fails to comply with any rule adopted by the Ohio Director of Public Safety under R.C. § 4519.20 after the effective date of the rule.
(R.C. § 4519.22(A))
(D) (1) Except as otherwise provided in this division, whoever violates division (B) of this section shall be fined not more than $50. If the offender within the preceding year previously has committed a violation of division (B) of this section or of R.C. § 4519.20(B), whoever violates division (B) of this section shall be fined not less than $15 nor more than $100, imprisoned not more than three days, or both.
(R.C. § 4519.20(C))
(2) Except as otherwise provided in this division, whoever violates division (C) of this section shall be fined not more than $50. If the offender within the preceding year previously has committed a violation of division (C) of this section or of R.C. § 4519.22(A), whoever violates this section shall be fined not less than $15 nor more than $100, imprisoned not more than three days, or both.
(R.C. § 4519.22(B))
(A) The applicable provisions of this traffic code apply to the operation of snowmobiles, off-highway motorcycles, and all-purpose vehicles, except that no person shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle as follows:
(1) On any state highway, including a limited access highway or freeway or the right-of-way thereof, except for emergency travel during such time and in such manner as the Ohio Director of Public Safety designates or except as authorized by R.C. § 4519.41(F);
(2) On any private property, or in any nursery or planting area, without the permission of the owner or other person having the right to possession of the property;
(3) On any land or waters controlled by the state, except at those locations where a sign has been posted permitting such operation;
(4) On the tracks or right-of-way of any operating railroad;
(5) While transporting any firearm, bow or other implement for hunting that is not unloaded and securely encased;
(6) For the purpose of chasing, pursuing, capturing or killing any animal or wild fowl; or
(7) During the time from sunset to sunrise, unless displaying lighted lights as required by R.C. § 4519.20 or a substantially equivalent municipal ordinance.
(B) Whoever violates this section shall be fined not less than $50 nor more than $500, imprisoned not less than 3 nor more than 30 days, or both.
(R.C. § 4519.40)
Snowmobiles, off-highway motorcycles, and all-purpose vehicles may be operated as follows:
(A) To make a crossing of a highway, other than a highway as designated in R.C. § 4519.40(A)(1) or a substantially equivalent municipal ordinance, whenever the crossing can be made in safety and will not interfere with the movement of vehicular traffic approaching from any direction on the highway, and provided that the operator yields the right-of-way to any approaching traffic that presents an immediate hazard;
(B) On highways in the county or township road systems whenever the local authority having jurisdiction over such highways so permits;
(C) Off and alongside street or highway for limited distances from the point of unloading from a conveyance to the point at which the snowmobile, off-highway motorcycle, or all-purpose vehicle is intended and authorized to be operated;
(D) On the berm or shoulder of a highway, other than a highway as designated in R.C. § 4519.40(A)(1) or a substantially equivalent municipal ordinance, when the terrain permits such operation to be undertaken safely and without the necessity of entering any traffic lane;
(E) On the berm or shoulder or a county or township road, while traveling from one area of operation of the snowmobile, off-highway motorcycle, or all-purpose vehicle to another such area.
(F) For snowmobiles without metal studded tracks and all-purpose vehicles, on state highways located on an island in Lake Erie, including limited access highways and freeways, between the first day of November and the thirtieth day of April, provided that all of the following conditions apply:
(1) The operator has a valid driver's license as required under R.C. § 4519.44.
(2) The snowmobile or all-purpose vehicle is in compliance with rules governing safety equipment adopted under R.C. § 4519.20.
(3) The owner of the snowmobile or all-purpose vehicle maintains proof of financial responsibility for both on-road and off-road use of the snowmobile or all-purpose vehicle.
(4) The operator obeys all traffic rules and regulations.
(R.C. § 4519.41)
(A) No person who does not hold a valid, current motor vehicle driver's or commercial driver's license, motorcycle operator's endorsement or probationary license, issued under R.C. Chapter 4506 or R.C. Chapter 4507 or a valid, current driver's license issued by another jurisdiction, shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle on any street or highway in this municipality, on any portion of the right-of-way thereof, or on any public land or waters.
(B) No person who is less than 16 years of age shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle on any land or waters other than private property or waters owned by or leased to the person's parent or guardian, unless accompanied by another person who is 18 years of age or older, and who holds a license as provided in division (A) of this section, except that the Ohio Department of Natural Resources may permit such operation on state controlled land under its jurisdiction when such person is less than 16 years of age and is accompanied by a parent or guardian who is a licensed driver 18 years of age or older.
(C) Whoever violates this section shall be fined not less than $50 nor more than $500, imprisoned not less than 3 nor more than 30 days, or both.
(R.C. § 4519.44)
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