(A) No person shall operate a motor vehicle, trackless trolley or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface and width of the street or highway and any other conditions and no person shall drive any motor vehicle, trackless trolley or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower limit declared or established pursuant to this section by the director of transportation or local authorities, for the operator of a motor vehicle, trackless trolley or streetcar to operate the same at a speed not exceeding the following.
(1) (a) Twenty mph in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when 20 mph school speed limit signs are erected; except that, on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (B)(4) below and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by divisions (B)(10) and (11) below. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic-control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.
(b) As used in this section and in R.C. § 4511.212, SCHOOL means all of the following:
1. Any school chartered under R.C. § 3301.16;
2. Any nonchartered school that during the preceding year filed with the department of education in compliance with rule 3301-35-08 of the O.A.C., a copy of the school’s report for the parents of the school’s pupils certifying that the school meets the state minimum standards for nonchartered, nontax-supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone;
3. Any special elementary school that in writing requests the county engineer of the county in which the special elementary school is located to create a school zone at the location of that school. Upon receipt of such a written request, the county engineer shall create a school zone at that location by erecting the appropriate signs; and
4. Any preschool education program operated by an educational service center that is located on a street or highway with a speed limit of 45 mph or more, when the educational service center in writing requests that the county engineer of the county in which the program is located create a school zone at the location of that program. Upon receipt of such a written request, the county engineer shall create a school zone at that location by erecting the appropriate signs.
(c) 1. As used in this section, SCHOOL ZONE means that portion of a street or highway passing a school fronting upon the street or highway that is encompassed by projecting the school property lines to the fronting street or highway, and also includes that portion of a state highway. Upon request from local authorities for streets and highways under their jurisdiction and that portion of a state highway under the jurisdiction of the director of transportation or a request from a county engineer in the case of a school zone for a special elementary school, the director may extend the traditional school zone boundaries. The distances in divisions (B)(1)(c)1.a., b. and c. below shall not exceed three hundred feet per approach per direction and are bounded by whichever of the following distances or combinations thereof the director approves as most appropriate:
a. The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of three hundred feet on each approach direction;
b. The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of three hundred feet on each approach direction; and
c. The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of three hundred feet on each approach direction of the highway.
2. Nothing in this section shall be construed to invalidate the director’s initial action on August 9, 1976, establishing all school zones at the traditional school zone boundaries defined by projecting school property lines, except when those boundaries are extended as provided in divisions (B)(1)(a) and (c) above.
(d) 1. As used in this division, CROSSWALK has the meaning given that term in R.C. § 4511.01(LL)(2).
2. The director may, upon request by resolution of the legislative authority of a municipal corporation, the board of trustees of a township or a county board of developmental disabilities created pursuant to R.C. Chapter 5126, and upon submission by the municipal corporation, township or county board of such engineering, traffic, and other information as the director considers necessary, designate a school zone on any portion of a state route lying within the municipal corporation, lying within the unincorporated territory of the township, or lying adjacent to the property of a school that is operated by such county board, that includes a crosswalk customarily used by children going to or leaving a school during recess and opening and closing hours, whenever the distance, as measured in a straight line, from the school property line nearest the crosswalk to the nearest point of the crosswalk is no more than 1,320 feet. Such a school zone shall include the distance encompassed by the crosswalk and extending 300 feet on each approach direction of the state route.
(e) As used in this section, SPECIAL ELEMENTARY SCHOOL means a school that meets all of the following criteria.
1. It is not chartered and does not receive tax revenue from any source.
2. It does not educate children beyond the eighth grade.
3. It is located outside the limits of a municipal corporation.
4. A majority of the total number of students enrolled at the school are not related by blood.
5. The principal or other person in charge of the special elementary school annually sends a report to the superintendent of the school district in which the special elementary school is located indicating the total number of students enrolled at the school, but otherwise the principal or other person in charge does not report any other information or data to the superintendent.
(2) Twenty-five mph in all other portions of a municipal corporation, except on state routes outside business districts, through highways outside business districts and alleys;
(3) Thirty-five mph on all state routes or through highways within municipal corporations outside business districts, except as provided in divisions (B)(4) and (B)(6) below;
(4) Fifty mph on controlled-access highways and expressways within municipal corporations, except as provided in divisions (B)(12), (B)(13), (B)(14), (B)(15) and (B)(16) below;
(5) Fifty-five mph on highways outside municipal corporations, other than highways within island jurisdictions as provided in division (B)(8) below, highways as provided in divisions (B)(9) and (10) below, and highways, expressways and freeways as provided in divisions (B)(12), (B)(13), (B)(14) and (B)(16) below;
(6) Fifty mph on state routes within municipal corporations outside urban districts unless a lower prima-facie speed is established as further provided in this section;
(7) Fifteen mph on all alleys within the municipal corporation;
(8) Thirty-five mph on highways outside municipal corporations that are within an island jurisdiction;
(9) Thirty-five mph on through highways, except state routes, that are outside municipal corporations and that are within a national park with boundaries extending through two or more counties;
(10) Sixty mph on two-lane state routes outside municipal corporations as established by the director under division (H)(2) below;
(11) Fifty-five mph on freeways with paved shoulders inside municipal corporations, other than freeways as provided in divisions (B)(14) and (B)(16) below;
(12) Sixty mph on rural expressways with traffic-control signals and on all portions of rural divided highways, except as provided in divisions (B)(13) and (B)(14) below;
(13) Sixty-five mph on all rural expressways without traffic-control signals;
(14) Seventy mph on all rural freeways;
(15) Fifty-five mph on all portions of freeways or expressways in congested areas as determined by the director and that are located within a municipal corporation or within an interstate freeway outerbelt, except as provided in division (B)(16) below; and
(16) Sixty-five mph on all portions of freeways or expressways without traffic-control signals in urbanized areas.
(C) It is prima-facie unlawful for any person to exceed any of the speed limitations in divisions (B)(1)(a), (B)(2), (B)(3), (B)(4), (B)(6), (B)(7), (B)(8) and (B)(9) above, or any declared or established pursuant to this section by the director or local authorities and it is unlawful for any person to exceed any of the speed limitations in division (D) below. No person shall be convicted of more than one violation of this section for the same conduct, although violations of more than one provision of this section may be charged in the alternative in a single affidavit.
(D) No person shall operate a motor vehicle, trackless trolley or streetcar upon a street or highway as follows:
(1) At a speed exceeding 55 mph, except upon a two-lane state route as provided in division (B)(10) above and upon a highway, expressway or freeway as provided in divisions (B)(12), (B)(13), (B)(14) and (B)(16) above;
(2) At a speed exceeding 60 mph upon a two-lane state route as provided in division (B)(10) above and upon a highway as provided in division (B)(12) above;
(3) At a speed exceeding 65 mph upon an expressway as provided in division (B)(13) or upon a freeway as provided in division (B)(16) above, except upon a freeway as provided in division (B)(14) above;
(4) At a speed exceeding 70 mph upon a freeway as provided in division (B)(14) above; and
(5) At a speed exceeding the posted speed limit upon a highway, expressway or freeway for which the director has determined and declared a speed limit pursuant to division (I)(2) or (L)(2) below.
(E) In every charge of violation of this section the affidavit and warrant shall specify the time, place and speed at which the defendant is alleged to have driven, and in charges made in reliance upon division (C) above also the speed which division (B)(1)(a), (B)(2), (B)(3), (B)(4), (B)(6), (B)(7), (B)(8) or (B)(9) above of, or a limit declared or established pursuant to, this section declares is prima-facie lawful at the time and place of such alleged violation, except that in affidavits where a person is alleged to have driven at a greater speed than will permit the person to bring the vehicle to a stop within the assured clear distance ahead the affidavit and warrant need not specify the speed at which the defendant is alleged to have driven.
(F) When a speed in excess of both a prima-facie limitation and a limitation in division (D) above is alleged, the defendant shall be charged in a single affidavit, alleging a single act, with a violation indicated of both divisions (B)(1)(a), (B)(2), (B)(3), (B)(4), (B)(6), (B)(7), (B)(8) or (B)(9) above, or of a limit declared or established pursuant to this section by the director or local authorities, and of the limitation in division (D) above. If the court finds a violation of division (B)(1)(a), (B)(2), (B)(3), (B)(4), (B)(6), (B)(7), (B)(8) or (B)(9) above of, or a limit declared or established pursuant to, this section has occurred, it shall enter a judgment of conviction under such division and dismiss the charge under division (D) above. If it finds no violation of division (B)(1)(a), (B)(2), (B)(3), (B)(4), (B)(6), (B)(7), (B)(8) or (B)(9) above of, or a limit declared or established pursuant to, this section, it shall then consider whether the evidence supports a conviction under division (D) above.
(G) Points shall be assessed for violation of a limitation under division (D) above in accordance with R.C. § 4510.036.
(H) (1) Whenever the director determines upon the basis of criteria established by an engineering study, as defined by the director, that any speed limit set forth in divisions (B)(1)(a) to (D) above is greater or less than is reasonable or safe under the conditions found to exist at any portion of a street or highway under the jurisdiction of the director, the director shall determine and declare a reasonable and safe prima-facie speed limit, which shall be effective when appropriate signs giving notice of it are erected at the location.
(2) Whenever the director determines upon the basis of criteria established by an engineering study, as defined by the director, that the speed limit of 55 mph on a two-lane state route outside a municipal corporation is less than is reasonable or safe under the conditions found to exist at that portion of the state route, the director may determine and declare a speed limit of 60 mph for that portion of the state route, which shall be effective when appropriate signs giving notice of it are erected at the location.
(3) (a) For purposes of the safe and orderly movement of traffic upon any portion of a street or highway under the jurisdiction of the director, the director may establish a variable speed limit that is different than the speed limit established by or under this section on all or portions of interstate 670, interstate 275, and interstate 90 commencing at the intersection of that interstate with interstate 71 and continuing to the border of the state with the state of Pennsylvania. The director shall establish criteria for determining the appropriate use of variable speed limits and shall establish variable speed limits in accordance with the criteria. The director may establish variable speed limits based upon the time of day, weather conditions, traffic incidents or other factors that affect the safe speed on a street or highway. The director shall not establish a variable speed limit that is based on a particular type or class of vehicle. A variable speed limit established by the director under this section is effective when appropriate signs giving notice of the speed limit are displayed at the location.
(b) Except for variable speed limits established under division (H)(3)(a) above, the director shall establish a variable speed limit under the authority granted to the director by this section on not more than two additional highways and only pursuant to criteria established in rules adopted in accordance with R.C. Chapter 119. The rules shall be based on the criteria described in division (H)(3)(a) above. The rules also shall establish the parameters of any engineering study necessary for determining when variable speed limits are appropriate.
(4) Nothing in this section shall be construed to limit the authority of the director to establish speed limits within a construction zone as authorized under R.C. § 4511.98.
(I) (1) Except as provided in divisions (I)(2), (J), (K) and (N) below, whenever local authorities determine upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by divisions (B)(1)(a) to (D) above, on any part of a highway under their jurisdiction, is greater than is reasonable and safe under the conditions found to exist at such location, the local authorities may by resolution request the director to determine and declare a reasonable and safe prima-facie speed limit. Upon receipt of such request the director may determine and declare a reasonable and safe prima-facie speed limit at such location, and if the director does so, then such declared speed limit shall become effective only when appropriate signs giving notice thereof are erected at such location by the local authorities. The director may withdraw the declaration of a prima-facie speed limit whenever in the director’s opinion the altered prima-facie speed limit becomes unreasonable. Upon such withdrawal, the declared prima-facie speed limit shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities.
(2) A local authority may determine on the basis of criteria established by an engineering study, as defined by the director, that the speed limit of 65 or 70 mph on a portion of a freeway under its jurisdiction is greater than is reasonable or safe under the conditions found to exist at that portion of the freeway. If the local authority makes such a determination, the local authority by resolution may request the director to determine and declare a reasonable and safe speed limit of not less than 55 mph for that portion of the freeway. If the director takes such action, the declared speed limit becomes effective only when appropriate signs giving notice of it are erected at such location by the local authority.
(J) (1) Local authorities in their respective jurisdictions may authorize by ordinance higher prima-facie speeds than those stated in this section upon through highways, or upon highways or portions thereof where there are no intersections, or between widely spaced intersections, provided signs are erected giving notice of the authorized speed, but local authorities shall not modify or alter the basic rule set forth in division (A) above or in any event authorize by ordinance a speed in excess of the maximum speed permitted by division (D) above for the specified type of highway.
(2) Alteration of prima-facie limits on state routes by local authorities shall not be effective until the alteration has been approved by the director. The director may withdraw approval of any altered prima-facie speed limits whenever in the director’s opinion any altered prima-facie speed becomes unreasonable, and upon such withdrawal, the altered prima-facie speed shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities.
(K) (1) As used in divisions (K)(1), (K)(2), (K)(3) and (K)(4) below, UNIMPROVED HIGHWAY means a highway consisting of any of the following:
(a) Unimproved earth;
(b) Unimproved graded and drained earth; and
(c) Gravel.
(2) Except as otherwise provided in divisions (K)(4) and (K)(5) below, whenever a board of township trustees determines upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by division (B)(5) above on any part of an unimproved highway under its jurisdiction and in the unincorporated territory of the township is greater than is reasonable or safe under the conditions found to exist at the location, the board may by resolution declare a reasonable and safe prima-facie speed limit of 55 but not less than 25 mph. An altered speed limit adopted by a board of township trustees under this division becomes effective when appropriate traffic-control devices, as prescribed in R.C. § 4511.11, giving notice thereof are erected at the location, which shall be no sooner than 60 days after adoption of the resolution.
(3) (a) Whenever, in the opinion of a board of township trustees, any altered prima-facie speed limit established by the board under this division becomes unreasonable, the board may adopt a resolution withdrawing the altered prima-facie speed limit. Upon the adoption of such a resolution, the altered prima-facie speed limit becomes ineffective and the traffic-control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway and the board has adopted an altered prima-facie speed limit pursuant to division (K)(2) above, the board shall, by resolution, withdraw the altered prima-facie speed limit as soon as the highway ceases to be unimproved. Upon the adoption of such a resolution, the altered prima-facie speed limit becomes ineffective and the traffic-control devices relating thereto shall be immediately removed.
(4) (a) If the boundary of two townships rests on the centerline of an unimproved highway in unincorporated territory and both townships have jurisdiction over the highway, neither of the boards of township trustees of such townships may declare an altered prima-facie speed limit pursuant to division (K)(2) above on the part of the highway under their joint jurisdiction unless the boards of township trustees of both of the townships determine, upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by division (B)(5) above is greater than is reasonable or safe under the conditions found to exist at the location and both boards agree upon a reasonable and safe prima-facie speed limit of less than 55 but not less than 25 mph for that location. If both boards so agree, each shall follow the procedure specified in division (K)(2) above for altering the prima-facie speed limit on the highway. Except as otherwise provided in division (K)(4)(b) below, no speed limit altered pursuant to this division (K)(4)(a) may be withdrawn unless the boards of township trustees of both townships determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each board adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in division (K)(3)(a) above.
(b) Whenever a highway described in division (K)(4)(a) above ceases to be an unimproved highway and two boards of township trustees have adopted an altered prima-facie speed limit pursuant to division (K)(4)(a) above, both boards shall, by resolution, withdraw the altered prima-facie speed limit as soon as the highway ceases to be unimproved. Upon the adoption of the resolution, the altered prima-facie speed limit becomes ineffective and the traffic-control devices relating thereto shall be immediately removed.
(5) As used in this division (K)(5):
(a) COMMERCIAL SUBDIVISION means any platted territory outside the limits of a municipal corporation and fronting a highway where, for a distance of 300 feet or more, the frontage is improved with buildings in use for commercial purposes, or where the entire length of the highway is less than three hundred feet long and the frontage is improved with buildings in use for commercial purposes.
(b) 1. RESIDENTIAL SUBDIVISION means any platted territory outside the limits of a municipal corporation and fronting a highway, where, for a distance of three hundred feet or more, the frontage is improved with residences or residences and buildings in use for business, or where the entire length of the highway is less than three hundred feet long and the frontage is improved with residences or residences and buildings in use for business.
2. Whenever a board of township trustees finds upon the basis of criteria established by an engineering study, as defined by the director, that the prima-facie speed permitted by this division (B)(5) above on any part of a highway under its jurisdiction that is located in a commercial or residential subdivision, except on highways or portions thereof at the entrances to which vehicular traffic from the majority of intersecting highways is required to yield the right-of-way to vehicles on such highways in obedience to stop or yield signs or traffic-control signals, is greater than is reasonable and safe under the conditions found to exist at the location, the board may by resolution declare a reasonable and safe prima-facie speed limit of less than fifty-five but not less than 25 mph at the location. An altered speed limit adopted by a board of township trustees under this division shall become effective when appropriate signs giving notice thereof are erected at the location by the township. Whenever, in the opinion of a board of township trustees, any altered prima-facie speed limit established by it under this division becomes unreasonable, it may adopt a resolution withdrawing the altered prima-facie speed, and upon such withdrawal, the altered prima-facie speed shall become ineffective, and the signs relating thereto shall be immediately removed by the township.
(L) (1) The director of transportation, based upon an engineering study, as defined by the director, of a highway, expressway or freeway described in division (B)(12), (B)(13), (B)(14), (B)(15) or (B)(16) above, in consultation with the director of public safety and, if applicable, the local authority having jurisdiction over the studied highway, expressway or freeway, may determine and declare that the speed limit established on such highway, expressway or freeway under division (B)(12), (B)(13), (B)(14), (B)(15) or (B)(16) of this section either is reasonable and safe or is more or less than that which is reasonable and safe.
(2) If the established speed limit for a highway, expressway or freeway studied pursuant to division (L)(1) above is determined to be more or less than that which is reasonable and safe, the director of transportation, in consultation with the director of public safety and, if applicable, the local authority having jurisdiction over the studied highway, expressway or freeway, shall determine and declare a reasonable and safe speed limit for that highway, expressway or freeway.
(M) (1) (a) If the boundary of two local authorities rests on the centerline of a highway and both authorities have jurisdiction over the highway, the speed limit for the part of the highway within their joint jurisdiction shall be either one of the following as agreed to by both authorities:
1. Either prima-facie speed limit permitted by division (B) above; and
2. An altered speed limit determined and posted in accordance with this section.
(b) If the local authorities are unable to reach an agreement, the speed limit shall remain as established and posted under this section.
(2) Neither local authority may declare an altered prima-facie speed limit pursuant to this section on the part of the highway under their joint jurisdiction unless both of the local authorities determine, upon the basis of criteria established by an engineering study, as defined by the director, that the speed permitted by this section is greater than is reasonable or safe under the conditions found to exist at the location and both authorities agree upon a uniform reasonable and safe prima-facie speed limit of less than 55 but not less than 25 mph for that location. If both authorities so agree, each shall follow the procedure specified in this section for altering the prima-facie speed limit on the highway, and the speed limit for the part of the highway within their joint jurisdiction shall be uniformly altered. No altered speed limit may be withdrawn unless both local authorities determine that the altered prima-facie speed limit previously adopted becomes unreasonable and each adopts a resolution withdrawing the altered prima-facie speed limit pursuant to the procedure specified in this section.
(N) The legislative authority of a municipal corporation or township in which a boarding school is located, by resolution or ordinance, may establish a boarding school zone. The legislative authority may alter the speed limit on any street or highway within the boarding school zone and shall specify the hours during which the altered speed limit is in effect. For purposes of determining the boundaries of the boarding school zone, the altered speed limit within the boarding school zone, and the hours the altered speed limit is in effect, the legislative authority shall consult with the administration of the boarding school and with the county engineer or other appropriate engineer, as applicable. A boarding school zone speed limit becomes effective only when appropriate signs giving notice thereof are erected at the appropriate locations.
(O) As used in this section:
COMMERCIAL BUS. A motor vehicle designed for carrying more than nine passengers and used for the transportation of persons for compensation.
DIVIDED. A roadway having two or more travel lanes for vehicles moving in opposite directions and that is separated by a median of more than four feet, excluding turn lanes.
INTERSTATE SYSTEM. Has the same meaning as in 23 U.S.C. 101.
NONCOMMERCIAL BUS. Includes, but is not limited to, a school bus or a motor vehicle operated solely for the transportation of persons associated with a charitable or nonprofit organization.
OUTERBELT. A portion of a freeway that is part of the interstate system and is located in the outer vicinity of a major municipal corporation or group of municipal corporations, as designated by the director.
RURAL. An area outside urbanized areas and outside of a business or urban district, and areas that extend within urbanized areas where the roadway characteristics remain mostly unchanged from those outside the urbanized areas.
URBANIZED AREA. Has the same meaning as in 23 U.S.C. 101.
(P) (1) A violation of any provision of this section is one of the following:
(a) Except as otherwise provided in divisions (P)(1)(b), (P)(1)(c), (P)(2) and (P)(3) below, a minor misdemeanor;
(b) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two violations of any provision of this section or of any provision of a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the fourth degree; and
(c) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of any provision of this section or of any provision of a municipal ordinance that is substantially similar to any provision of this section, a misdemeanor of the third degree.
(2) If the offender has not previously been convicted of or pleaded guilty to a violation of any provision of this section or of any provision of a municipal ordinance that is substantially similar to this section and operated a motor vehicle faster than 35 mph in a business district of a municipal corporation, faster than 50 mph in other portions of a municipal corporation, or faster than 35 mph in a school zone during recess or while children are going to or leaving school during the school’s opening or closing hours, a misdemeanor of the fourth degree.
(3) Notwithstanding division (P)(1) above, if the offender operated a motor vehicle in a construction zone where a sign was then posted in accordance with R.C. § 4511.98, the court, in addition to all other penalties provided by law, shall impose upon the offender a fine of two times the usual amount imposed for the violation. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender if the offender alleges, in an affidavit filed with the court prior to the offender’s sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this division and if the court determines that the offender is an indigent person and unable to pay the fine.
(4) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under R.C. § 4511.991.
(R.C. § 4511.21) (Prior Code, § 7.04.01)