CHAPTER 438: SAFETY AND EQUIPMENT
438.01   Driving unsafe vehicles; application.
438.02   Lighted lights; measurement of distances and heights.
438.03   Headlights on motor vehicles and motorcycles.
438.04   Tail light; illumination of rear license plate.
438.05   Rear red reflectors.
438.06   Safety lighting on commercial vehicles.
438.07   Obscured lights on vehicles in combination.
438.08   Red light or red flag on extended loads.
438.09   Lights on parked or stopped vehicles.
438.10   Lights, emblems, and reflectors on slow-moving vehicles, farm machinery, agricultural tractors, and animal-drawn vehicles.
438.11   Spotlight and auxiliary lights.
438.12   Cowl, fender and back-up lights.
438.13   Two lights displayed.
438.14   Use of headlight beams.
438.15   Lights of less intensity on slow- moving vehicles.
438.16   Number of lights permitted; red and flashing lights.
438.165   Lights and sound-producing devices on coroners’ vehicles.
438.17   Vehicles transporting preschool children.
438.18   Focus and aim of headlights.
438.19   Motor vehicle and motorcycle brakes.
438.20   Horn, siren and theft alarm signal.
438.21   Muffler; muffler cutout; excessive smoke, gas or noise.
438.22   Rear-view mirror; clear view to front, both sides and rear.
438.23   Windshield required; sign or poster upon windshield; windshield wiper.
438.235   Tinted glass; materials on glass.
438.24   Limited load extension on left side of passenger vehicle.
438.25   Motor vehicle stop lights.
438.26   Bumpers.
438.27   Air cleaner required.
438.28   Use of child restraints.
438.29   Use of occupant restraining devices.
438.30   Ignition interlock devices. (Repealed)
438.31   Noise-producing instruments and sound-amplifying devices in motor vehicles.
438.32   Air bags.
438.33   Use of wireless handsets to text message and engage in other forms of communication while driving.
438.99   Penalty.
   CROSS REFERENCES
   See section histories for similar State law
   Warning devices for commercial vehicles disabled upon freeways - see Ohio R.C. 4513.28
   Collector’s vehicles - see Ohio R.C. 4513.38, 4513.41
   Use of stop and turn signals - see TRAF. 432.13
   Wheel protectors for commercial vehicles - see TRAF. 440.03
   Vehicles transporting explosives - see TRAF. 440.04
   Towing requirements; exception to size and weight restrictions - see TRAF. 440.05
   Occupying travel trailers while in motion - see TRAF. 440.08
   Bicycle equipment - see TRAF. 474.05
   Snowmobile, off-highway motorcycle and all-purpose vehicle equipment - see TRAF. 476.02
   Improperly handling firearms in a motor vehicle - see GEN. OFF. 672.04
§ 438.01 DRIVING UNSAFE VEHICLES; APPLICATION.
   (a)   No person shall drive or move, or cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.02(A), (H))
§ 438.02 LIGHTED LIGHTS; MEASUREMENT OF DISTANCES AND HEIGHTS.
   (a)   Every vehicle, other than a motorized bicycle, operated upon a street or highway within this state shall display lighted lights and illuminating devices as required by R.C. §§ 4513.04 through 4513.37 during all of the following times:
      (1)   The time from sunset to sunrise;
      (2)   At any other time when, due to insufficient natural light or unfavorable atmospheric conditions, persons, vehicles and substantial objects on the highway are not discernible at a distance of 1,000 feet ahead;
      (3)   At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield.
   (b)   Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the Ohio Director of Public Safety under R.C. § 4511.521. No motor vehicle, during any time specified in this section, shall be operated upon a street or highway within this state using only parking lights as illumination.
   (c)   Whenever in such sections a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, such distance shall be measured upon a straight level unlighted highway under normal atmospheric conditions unless a different condition is expressly stated.
   (d)   Whenever in such sections a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands.
   (e)   Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause the operator of a vehicle being operated upon a street or highway within this state to stop the vehicle solely because the officer observes that a violation of division (a)(3) 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 that division, or causing the arrest of or commencing a prosecution of a person for a violation of that division.
   (f)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.03)
§ 438.03 HEADLIGHTS ON MOTOR VEHICLES AND MOTORCYCLES.
   (a)   (1)   Every motor vehicle, other than a motorcycle, shall be equipped with at least two headlights with at least one near each side of the front of the motor vehicle.
      (2)   Every motorcycle shall be equipped with at least one and not more than two headlights.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.04)
§ 438.04 TAIL LIGHT; ILLUMINATION OF REAR LICENSE PLATE.
   (a)   (1)   Every motor vehicle, trailer, semitrailer, pole trailer or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted, 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 tail light on the rearmost vehicle need be visible from the distance specified.
      (2)   Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate, when such registration plate is required, and render it legible from a distance of 50 feet to the rear. Any tail light, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted, except where separate lighting systems are provided for trailers for the purpose of illuminating such registration plate.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.05)
§ 438.05 REAR RED REFLECTORS.
   (a)   (1)   Every new motor vehicle sold after September 6, 1941, and operated on a highway, other than a commercial tractor to which a trailer or semitrailer is attached, shall carry at the rear, either as a part of the tail lamps or separately, two red reflectors meeting the requirements of this section, except that vehicles of the type mentioned in Ohio R.C. 4513.07 or a substantially equivalent municipal ordinance shall be equipped with reflectors as required by the regulations provided for in that section.
      (2)   Every such reflector shall be of such size and characteristics and so maintained as to be visible at night from all distances within 300 feet to 50 feet from such vehicle.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.06)
§ 438.06 SAFETY LIGHTING ON COMMERCIAL VEHICLES.
   (a)   (1)   When the Director of Public Safety prescribes and promulgates regulations relating to clearance lights, marker lights, reflectors and stop lights on buses, trucks, commercial tractors, trailers, semitrailers and pole trailers, when operated upon any highway, these vehicles shall be equipped as required by such regulations, and such equipment shall be lighted at all times mentioned in Ohio R.C. 4513.03 or a substantially equivalent municipal ordinance, except that clearance lights and side marker lights need not be lighted on any such vehicle when it is operated within the Municipality where there is sufficient light to reveal any person or substantial object on the highway at a distance of 500 feet.
      (2)   Such equipment shall be in addition to all other lights specifically required by Ohio R.C. 4513.03 through 4513.16, or any substantially equivalent municipal ordinances.
      (3)   Vehicles operated under the jurisdiction of the Public Utilities Commission are not subject to this section.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4513.07)
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