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(A) As used in this section:
ELIGIBLE ENTITY. Means a corporation, partnership, association, firm, sole proprietorship, or other entity engaged in business.
PERSONAL DELIVERY DEVICE. Means an electrically powered device to which all of the following apply:
(a) The device is intended primarily to transport property and cargo on sidewalks and crosswalks.
(b) The device weighs less than 250 pounds excluding any property or cargo being carried in the device.
(c) The device has a maximum speed of ten miles per hour.
(d) The device is equipped with technology that enables the operation of the device with active control or monitoring by a person, without active control or monitoring by a person, or both with or without active control or monitoring by a person.
PERSONAL DELIVERY DEVICE OPERATOR. Means an agent of an eligible entity who exercises direct physical control over, or monitoring of, the navigation and operation of a personal delivery device. The phrase does not include, with respect to a delivery or other service rendered by a personal delivery device, the person who requests the delivery or service. The phrase also does not include a person who only arranges for and dispatches a personal delivery device for a delivery or other service.
(B) An eligible entity may operate a personal delivery device on sidewalks and crosswalks so long as all of the following requirements are met:
(1) The personal delivery device is operated in accordance with all regulations, if any, established by each local authority within which the personal delivery device is operated.
(2) A personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device.
(3) The eligible entity maintains an insurance policy that includes general liability coverage of not less than $100,000 for damages arising from the operation of the personal delivery device by the eligible entity and any agent of the eligible entity.
(4) The device is equipped with all of the following:
(a) A marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number;
(b) A braking system that enables the personal delivery device to come to a controlled stop;
(c) If the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.
(C) No personal delivery device operator shall allow a personal delivery device to do any of the following:
(1) Fail to comply with traffic or pedestrian control devices and signals;
(2) Unreasonably interfere with pedestrians or traffic;
(3) Transport any hazardous material that would require a permit issued by the Public Utilities Commission;
(4) Operate on a street or highway, except when crossing the street or highway within a crosswalk.
(D) A personal delivery device has all of the rights and obligations applicable to a pedestrian under the same circumstances, except that a personal delivery device shall yield the right-of-way to human pedestrians on sidewalks and crosswalks.
(E) (1) No person shall operate a personal delivery device unless the person is authorized to do so under this section and complies with the requirements of this section.
(2) An eligible entity is responsible for both of the following:
(a) Any violation of this section that is committed by a personal delivery device operator; and
(b) Any other circumstance, including a technological malfunction, in which a personal delivery device operates in a manner prohibited by divisions (C)(1) to (C)(4) of this section.
(R.C. § 4511.513) Penalty, see § 70.99
(A) (1) A low-speed micromobility device may be operated on the public streets, highways, sidewalks, and shared-use paths, and may be operated on any portions of roadways set aside for the exclusive use of bicycles in accordance with this section.
(2) Except as otherwise provided in this section, those sections of this title that by their nature could apply to a low-speed micromobility device do apply to the device and the person operating it whenever it is operated upon any public street, highway, sidewalk, or shared-use path, or upon any portion of a roadway set aside for the exclusive use of bicycles.
(B) No operator of a low-speed micromobility device shall do any of the following:
(1) Fail to yield the right-of-way to all pedestrians at all times;
(2) Fail to give an audible signal before overtaking and passing a pedestrian;
(3) Operate the device at night unless the device or its operator is equipped with or wearing both of the following:
(a) A lamp pointing to the front that emits a white light visible from a distance of not less than 500 feet;
(b) A red reflector facing the rear that is visible from all distances from 100 feet to 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle.
(C) (1) No person who is under 16 years of age shall rent a low-speed micromobility device.
(2) No person shall knowingly rent a low-speed micromobility device to a person who is under 16 years of age.
(3) No person shall knowingly rent a low-speed micromobility device on behalf of a person who is under 16 years of age.
(D) No person shall operate a low-speed micromobility device at a speed greater than 20 miles per hour.
(E) (1) Whoever violates this section is guilty of a minor misdemeanor.
(2) Unless a mens rea is otherwise specified in this section, an offense established under this section is a strict liability offense and R.C. § 2901.20 does not apply. The designation of that offense as a strict liability offense 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.
(F) Notwithstanding division (A)(1) of this section, the municipality, county, township, metropolitan park district, township park district, recreation district, or any division of the Ohio Department of Natural Resources if the division has the approval of the Ohio Director of Natural Resources may do any of the following:
(1) Regulate or prohibit the operation of low-speed micromobility devices on public streets, highways, sidewalks, and shared-use paths, and portions of roadways set aside for the exclusive use of bicycles, under its jurisdiction;
(2) Include low-speed micromobility devices that are adapted to expand access for people with various physical limitations into a shared bicycle, shared electric bicycle, or similar vehicle sharing program, under its jurisdiction;
(3) Require the owner or operator of a low-speed micromobility device rental service or low-speed micromobility device sharing program to maintain commercial general liability insurance related to the operation of the devices, with limits of up to $1,000,000 per occurrence and $2,000,000 per aggregate.
(R.C. § 4511.514) Penalty, see § 70.99
GRADE CROSSINGS
(A) As used in this section,
ACTIVE GRADE CROSSING WARNING DEVICE means signs, signals, gates, or other protective devices erected or installed at a public highway-railway crossing at common grade and activated by an electrical circuit.
(B) The Department of Transportation and local authorities, with the approval of the Department, may designate dangerous highway crossings over railroad tracks and erect stop signs thereat.
(C) (1) The Department and local authorities shall erect stop signs at a railroad highway grade crossing in either of the following circumstances:
(a) New warning devices that are not active grade crossing warning devices are being installed at the grade crossing, and railroad crossbucks were the only warning devices at the grade crossing prior to the installation of the new warning devices.
(b) The grade crossing is constructed after July 1, 2013, and only warning devices that are not active grade crossing warning devices are installed at the grade crossing.
(2) Division (C)(1) of this section does not apply to a railroad highway grade crossing that the Director of Transportation has exempted from that division because of traffic flow or other considerations or factors.
(D) When stop signs are erected pursuant to division (B) or (C) of this section, the operator of any vehicle shall stop within 50, but not less than 15, feet from the nearest rail of the railroad tracks and shall exercise due care before proceeding across such grade crossing.
(E) (1) Except as otherwise provided in this division, whoever violates division (D) of this section is guilty of a minor misdemeanor.
(2) 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.
(3) 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.
(F) 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 § 70.99(B).
(R.C. § 4511.61)
(A) (1) Whenever any person driving a vehicle approaches a railroad grade crossing, the person shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad if any of the following circumstances exist at the crossing:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train.
(b) A crossing gate is lowered.
(c) A flagperson gives or continues to give a signal of the approach or passage of a train.
(d) There is insufficient space on the other side of the railroad grade crossing to accommodate the vehicle the person is operating without obstructing the passage of other vehicles, pedestrians or railroad trains, notwithstanding any traffic control signal indication to proceed.
(e) An approaching train is emitting an audible signal or is plainly visible, and is in hazardous proximity to the crossing.
(f) There is insufficient undercarriage clearance to safely negotiate the crossing.
(2) A person who is driving a vehicle and who approaches a railroad grade crossing shall not proceed as long as any of the circumstances described in divisions (A)(1)(a) through (A)(1)(f) of this section exist at the crossing.
(B) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed, or is being opened or closed unless the person is signaled by a law enforcement officer or flagperson that it is permissible to do so.
(C) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 4511.62)
(A) Except as provided in division (B) of this section, the operator of any bus, any school vehicle, or any vehicle transporting material required to be placarded under 49 C.F.R. parts 100 through 185, before crossing at grade any track of a railroad, shall stop the vehicle, and while so stopped, shall listen through an open door or open window, and look in both directions along the track for any approaching train and for signals indicating the approach of a train, and shall proceed only upon exercising due care after stopping, looking, and listening as required by this section. Upon proceeding, the operator of such a vehicle shall cross only in a gear that will ensure there will be no necessity for changing gears while traversing the crossing, and shall not shift gears while crossing the tracks.
(B) This section does not apply at grade crossings when any local authority has filed an application with the Public Utilities Commission requesting the approval of an exempt crossing, and the Public Utilities Commission has authorized and approved an exempt crossing as provided in R.C. § 4511.63(B).
(C) As used in this section:
BUS. Means any vehicle originally designed by its manufacturer to transport 16 or more passengers, including the driver, or carries 16 or more passengers, including the driver.
EXEMPT CROSSING. Means a highway rail grade crossing authorized and approved by the Public Utilities Commission under R.C. § 4511.63(B) at which vehicles may cross without making the stop otherwise required by this section.
SCHOOL VEHICLE. Means any vehicle used for the transportation of pupils to and from a school or school-related function if the vehicle is owned or operated by, or operated under contract with, a public or nonpublic school.
(D) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or R.C. §§ 4511.63, 4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79, or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 4511.63)
(A) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with divisions (A)(1) and (A)(2) of this section.
(1) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same, and while stopped, the person shall listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train, and shall proceed only upon exercising due care.
(2) No such crossing shall be made when warning is given by automatic signal, crossing gates, or a flagperson, or otherwise of the immediate approach of a railroad train or car.
(B) If the normal sustained speed of the vehicle, equipment, or structure is not more than three miles per hour, the person owning, operating, or moving the same shall also give notice of the intended crossing to a station agent or superintendent of the railroad, and a reasonable time shall be given to the railroad to provide proper protection for the crossing. Where the vehicles or equipment are being used in constructing or repairing a section of highway lying on both sides of a railroad grade crossing, and in this construction or repair it is necessary to repeatedly move the vehicles or equipment over the crossing, one daily notice specifying when the work will start and stating the hours during which it will be prosecuted is sufficient.
(C) (1) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor.
(2) 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.
(3) 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.
(D) 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 § 70.99(B).
(R.C. § 4511.64)
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