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Editor’s note:
Section 404.01 was recodified as part of the 1994 updating and revision of these Codified Ordinances. See § 606.165 of the General Offenses Code.)
(a) No person shall resist, hinder, obstruct, or abuse any sheriff, constable, or other official while that official is attempting to arrest offenders under any provision of this Traffic Code. No person shall interfere with any person charged under any provision of this Traffic Code with the enforcement of the law relative to public highways.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.36)
(c) It is a defense to prosecution under this section that the hindrance, obstruction, resistance, or interference alleged consisted of constitutionally protected speech only.
(a) The provisions of this Traffic Code, except for § 434.01, do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway within an area designated by traffic-control devices, but apply to those persons and vehicles when traveling to or from such work.
(b) The driver of a highway maintenance vehicle owned by this State or any political subdivision of this State, while the driver is engaged in the performance of official duties upon a street or highway, provided the highway maintenance vehicle is equipped with flashing lights and such other markings as are required by law and such lights are in operation when the driver and vehicle are so engaged, shall be exempt from criminal prosecution for violations of Ohio R.C. 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to 5577.09, and any substantially equivalent municipal ordinance.
(c) (1) This section does not exempt a driver of a highway maintenance vehicle from civil liability arising from a violation of Ohio R.C. 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or Ohio R.C. 5577.01 to 5577.09, or any substantially equivalent municipal ordinance.
(2) This section does not exempt a driver of a vehicle who is not a state employee and who is engaged in the transport of highway maintenance equipment from criminal liability for a violation of R.C. §§ 5577.01 through 5577.09, or any substantially equivalent municipal ordinance.
(d) As used in this section, “engaged in the performance of official duties” includes driving a highway maintenance vehicle to and from the manufacturer or vehicle maintenance provider and transporting a highway maintenance vehicle, equipment, or materials to and from a work location.
(R.C. § 4511.04)
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