For the purpose of these Codified Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL CONCENTRATION. The concentration of alcohol in a person’s blood, breath or urine. When expressed as a percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of whole blood, blood serum, or blood plasma;
(2) Two hundred and ten liters of breath; or
(3) One hundred milliliters of urine.
AIR BAG. Has the same meaning as in 49 C.F.R. 579.4, as amended.
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 Ohio R.C. 4501.01 or any vehicle principally used in playing golf, any motor vehicle or aircraft required to be registered under Ohio R.C. Chapter 4503 or Ohio R.C. Chapter 4561, and any vehicle excepted from definition as a motor vehicle by Ohio R.C. 4501.01(B).
AUTOMOBILE. Any commercial tractor, passenger car, commercial car, or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the “National Traffic and Motor Vehicle Safety Act of 1966,” 80 Stat. 719, 15 U.S.C. 1392.
BOAT TRAILER. Any vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of 25 miles per hour or less.
(ORC 4513.11)
CHILD WITH DISABILITIES has the same meaning as in Ohio R.C. 3323.01.
COMMERCIAL BUS. A motor vehicle designed for carrying more than nine passengers and used for the transportation of persons for compensation.
COMMERCIAL DRIVER’S LICENSE. A license issued in accordance with Ohio R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.
COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM. The information system established pursuant to the requirements of the Commercial Motor Vehicle Safety Act of 1986, 100 Stat. 3207-171, 49 U.S.C. App. 2701.
COMMERCIAL MOTOR VEHICLE. Except when used in Ohio R.C. 4506.25, any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
(1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of 26,001 pounds or more, provided that the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
(2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of 26,001 pounds or more;
(3) Any single vehicle or combination of vehicles that is not a Class A or Class B vehicle, but is designed to transport 16 or more passengers including the driver;
(4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than 16 passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under 49 C.F.R. Part 172, Subpart F, as amended; or
(6) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the Federal Motor Carrier Safety Administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
COMMERCIAL TRACTOR, PASSENGER CAR, and COMMERCIAL CAR. Have the same meanings as in Ohio R.C. 4501.01.
CONTROLLED SUBSTANCE. Includes all of the following:
(1) Any substance classified as a controlled substance under the “Controlled Substances Act,” 80 Stat. 1242 (1970), 21 U.S.C. 802(6), as amended;
(2) Any substance included in Schedules I through V of 21 C.F.R. Part 1308, as amended;
(3) Any drug of abuse.
CONVICTION. An unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.
CORONER’S VEHICLE. A vehicle used by a coroner, deputy coroner or coroner’s investigator that is equipped with a flashing, oscillating or rotating red or blue light and a siren, exhaust whistle or bell capable of giving an audible signal.
CROSSWALK. Has the meaning given that term in Ohio R.C. 4511.01(LL)(2).
COUNTERFEIT AIR BAG.
An air bag displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer, without the authorization of the motor vehicle manufacturer.
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.
DISABLED CHILD and SPECIAL EDUCATION PROGRAM. Have the same meaning as in Ohio R.C. 3323.01.
DISQUALIFICATION. Means any of the following:
(1) The suspension, revocation, or cancellation of a person’s privileges to operate a commercial motor vehicle;
(2) Any withdrawal of a person’s privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations; or
(3) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 391.
DOMICILED. Having a true, fixed, principal, and permanent residence to which an individual intends to return.
DOWNGRADE. Means any of the following, as applicable:
(1) A change in the commercial driver’s license, or commercial driver’s license temporary instruction permit, holder’s self-certified status as described in Ohio R.C. 4506.10(A)(1);
(2) A change to a lesser class of vehicle;
(3) Removal of commercial driver’s license privileges from the individual’s driver’s license.
DRIVE. To drive, operate or be in physical control of a motor vehicle.
DRIVER. Any person who drives, operates or is in physical control of a commercial motor vehicle or is required to have a commercial driver’s license.
DRIVER’S LICENSE. A license issued by the Bureau of Motor Vehicles that authorizes an individual to drive.
DRUG OF ABUSE. Any controlled substance, dangerous drug as defined in Ohio R.C. 4729.01, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.
EARPHONES. Any headset, radio, tape player, or other similar device that provides the listener with radio programs, music, or other recorded information through a device attached to the head and that covers all or a portion of both ears. EARPHONES does not include speakers or other listening devices that are built into protective headgear.
ELECTRONIC AND ELECTRONIC RECORD. Have the same meanings as in Ohio R.C. 4501.01.
ELECTRONIC DEALER. A dealer whom the Registrar of Motor Vehicles designates under Ohio R.C. 4519.511.
ELECTRONIC DEVICE. Includes a cellular telephone, a personal digital assistant, a pager, a computer, and any other device used to input, write, send, receive, or read text.
ELECTRONIC MONITORING. Has the same meaning as in Ohio R.C. 2929.01.
ELIGIBLE UNIT OF LOCAL GOVERNMENT. A village, township, or county that has a population of not more than 3,000 persons according to the most recent federal census.
EMPLOYER. Any person, including the federal government, any state, and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle.
ENDORSEMENT. An authorization on a person’s commercial driver’s license that is required to permit the person to operate a specified type of commercial motor vehicle.
EQUIVALENT OFFENSE. Any of the following:
(1) A violation of a municipal ordinance, law of another state, or law of the United States that is substantially equivalent to § 436.073(a);
FAMILY MEMBER of a probationary license holder includes any of the following:
(1) A spouse;
(2) A child or stepchild;
(3) A parent, stepparent, grandparent, or parent-in-law;
(4) An aunt or uncle;
(5) A sibling, whether of the whole or half blood or by adoption, a brother-in-law, or a sister-in-law;
(6) A son or daughter of the probationary license holder’s stepparent if the stepparent has not adopted the probationary license holder;
(7) An eligible adult, as defined in R.C. § 4507.05.
FARM TRUCK.
A truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than 150 miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than 150 miles, of supplies for the farm, including tile, fence and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this definition and is not used in the operations of a motor carrier, as defined in Ohio R.C. 4923.01.
FATALITY. The death of a person as the result of a motor vehicle accident occurring not more than 365 days prior to the date of death.
FELONY. Any offense under federal or state law that is punishable by death or imprisonment for a term exceeding one year and includes any offense specifically classified as a felony under the law of this state, regardless of the penalty that may be imposed.
FOREIGN JURISDICTION. Any jurisdiction other than a state.
FUNERAL PROCESSION. Two or more vehicles accompanying the cremated remains or the body of a deceased person in the daytime when each of the vehicles has its headlights lighted and is displaying a purple and white or an orange and white pennant attached to each vehicle in such a manner as to be clearly visible to traffic approaching from any direction.
GROSS VEHICLE WEIGHT RATING. The value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit.
HAZARDOUS MATERIALS. Any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under 49 C.F.R. part 172, Subpart F or any quantity of a material listed as a select agent or toxin in 42 C.F.R. Part 73, as amended.
HEAD START AGENCY. Has the same meaning as in Ohio R.C. 3301.32.
IMMINENT HAZARD. The existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of death, illness, injury, or endangerment.
INTERSECTION.
(1) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two private roads or driveways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different private roads or driveways joining at any other angle may come in conflict; or
(2) Where a private road or driveway includes two roadways 30 feet or more apart, then every crossing of two roadways of such private roads or driveways shall be regarded as a separate intersection.
INTERSTATE HIGHWAY. Any part of the interstate system of highways as defined in division (e), 90 Stat. 431 (1976), 23 U.S.C. 103, as amended.
INTERSTATE SYSTEM. Has the same meaning as in 23 U.S.C. 101.
JAIL. Has the same meaning as in Ohio R.C. 2929.01.
JURISDICTIONAL LIMITS. The limits within which a peace officer may arrest and detain a person without a warrant under Ohio R.C. 2935.03, except that the Superintendent and the troopers of the State Highway Patrol may stop and detain, without warrant, any person who, in the presence of the Superintendent or any trooper, is engaged in a violation of any of the provisions of this subchapter or Ohio R.C. Chapter 4506.
(ORC 4506.23)
LIMITED ACCESS HIGHWAY or FREEWAY. Have the same meanings as in Ohio R.C. 5511.02.
LITTER. Garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature.
MACHINERY. Does not include any vehicle designed to be drawn by an animal.
MANDATORY JAIL TERM means the mandatory term in jail of three, ten, or 30 consecutive days that must be imposed under § 436.073(b)(1), (2) or (3) of this section upon an offender convicted of a violation of subsection (a) of this section and in relation to which all of the following apply.
(1) Except as specifically authorized under this section, the term must be served in a jail.
(2) Except as specifically authorized under this section, the term cannot be suspended, reduced or otherwise modified pursuant to any provision of the Ohio Revised Code.
MANUFACTURER. Has the same meaning as in Ohio R.C. 4501.01.
MEDICAL VARIANCE. One of the following received by a driver from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. part 381, subpart C or 49 C.F.R. § 391.64;
(2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. § 391.49.
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.
MOBILE TELEPHONE. A mobile communication device that falls under or uses any commercial mobile radio service as defined in 47 C.F.R. part 20, except that mobile telephone does not include two-way or citizens band radio services.
MOTOR VEHICLE. A vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
MOVING VIOLATION. Any violation of any statute or ordinance that regulates the operation of vehicles on the highways or streets. MOVING VIOLATION does not include a violation of Ohio R.C. 4513.263 or a substantially equivalent municipal ordinance, or a violation of any statute or ordinance regulating pedestrians or the parking of vehicles, vehicle size or load limitations, vehicle fitness requirements, or vehicle registration.
MULTIPURPOSE PASSENGER VEHICLE. A motor vehicle with motive power, except a motorcycle, designed to carry ten persons or less, that is constructed either on a truck chassis or with special features for occasional off-road operation.
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.
NONFUNCTIONAL AIR BAG.
Any of the following:
(1) A replacement air bag that has been previously deployed or damaged;
(2) A replacement air bag that has an electrical fault that is detected by the air bag diagnostic system of a vehicle after the air bag is installed;
(3) A counterfeit air bag, air bag cover, or some other object that is installed in a vehicle to deceive an owner or operator of the vehicle into believing that a functional air bag has been installed.
OCCUPANT RESTRAINING DEVICE. A seat safety belt, shoulder belt, harness, or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum federal vehicle safety standards established by the United States Department of Transportation; has the same meaning as in Ohio R.C. 4513.263.
OFF-HIGHWAY MOTORCYCLE. Every motorcycle, as defined in Ohio 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.
OUT-OF-SERVICE ORDER. A declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that the driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
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.
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; includes but is not limited to a person who holds title to the real property in fee simple, a condominium owners’ association, a property owners’ association, a board of directors or trustees of a private community, and a nonprofit corporation governing a private community.
OWNER and PRIVATE RESIDENTIAL AREA CONTAINING 20 OR MORE DWELLING UNITS. Have the same meanings as in Ohio R.C. 4511.211.
PASSENGER. Any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.
PASSENGER CAR. Any motor vehicle with motive power, designed for carrying ten persons or less, except a multipurpose passenger vehicle or motorcycle.
PEACE OFFICER. Has the same meaning as in Ohio R.C. 2935.01.
PORTABLE TANK. A liquid or gaseous packaging designed primarily to be loaded on or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means.
PRIVATE RESIDENTIAL AREA CONTAINING 20 OR MORE DWELLING UNITS. Does not include a Chautauqua assembly as defined in Ohio R.C. 4511.90.
PUBLIC SAFETY VEHICLE. Has the same meaning as in Ohio R.C. 4511.01(E)(1) and (E)(3).
RECREATIONAL VEHICLE. Includes every vehicle that is defined as a recreational vehicle in Ohio R.C. 4501.01 and is used exclusively for purposes other than engaging in business for profit.
RESIDENCE. Any person’s residence determined in accordance with standards prescribed in the rules adopted by the Registrar.
ROADWAY. The portion of a private road or driveway improved, designed or ordinarily used for vehicular travel, except the berm or shoulder. If a private road or driveway includes two or more separate roadways, the term ROADWAY means any such roadway separately but not all such roadways collectively.
RURAL.
Outside urbanized areas, as designated in accordance with 23 U.S.C. § 101, and outside of a business or urban district.
SCHOOL. Any school chartered under Ohio R.C. 3301.16 and any nonchartered school that during the preceding year filed with the Department of Education in compliance with OAC 3301-35-08, a copy of the school’s report for the parents of the school’s pupils certifying that the school meets state minimum standards for nonchartered, non-tax-supported schools and presents evidence of this filing to the jurisdiction from which it is requesting the establishment of a school zone. “School” also includes a special elementary school that in writing requests the County Engineer to create a school zone at the location of the school. Upon receipt of such written request, the County Engineer shall create a school zone at that location by erecting appropriate signs.
SCHOOL BUS. As used in relation to children who attend a program offered by a head start agency, means a bus that is owned and operated by a head start agency, is equipped with an automatically extended stop warning sign of a type approved by the State Board of Education, is painted the color and displays the markings described in Ohio R.C. 4511.77, and is equipped with amber and red visual signals meeting the requirements of Ohio R.C. 4511.77, irrespective of whether or not the bus has 15 or more children aboard at any time. The term does not include a van owned and operated by a head start agency, irrespective of its color, lights or markings; has the same meaning as in Ohio R.C. 4511.01.
SCHOOL ZONE. The 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 § 434.03(b)(1)C.1. through 3. below shall not exceed 300 feet per approach per direction, and are bounded by whichever of the following distances or combination thereof the Director approves as most appropriate:
(1) The distance encompassed by projecting the school building lines normal to the fronting highway and extending a distance of 300 feet on each approach direction;
(2) The distance encompassed by projecting the school property lines intersecting the fronting highway and extending a distance of 300 feet on each approach direction; or
(3) The distance encompassed by the special marking of the pavement for a principal school pupil crosswalk plus a distance of 300 feet on each approach direction of the highway.
SERIOUS TRAFFIC VIOLATION. Any of the following:
(1) A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of Ohio R.C. 4506.03;
(2) A. Except as provided in subsection (2)B. of this definition, a violation while operating a commercial motor vehicle of a law of this state, or any municipal ordinance or county or township resolution, or any other substantially similar law of another state or political subdivision of another state, prohibiting either of the following:
1. Texting while driving;
2. Using a handheld mobile telephone.
B. It is not a serious traffic violation if the person was texting or using a handheld mobile telephone to contact law enforcement or other emergency services.
(3) A conviction arising from the operation of any motor vehicle that involves any of the following:
A. A single charge of any speed in excess of the posted speed limit by 15 miles per hour or more;
B. Violations of Ohio R.C. 4511.20 or 4511.201 or any substantially equivalent ordinance or resolution, or of any substantially equivalent law of another state or political subdivision of another state;
C. Violation of a law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any substantially equivalent law of another state or political subdivision of another state, that results in a fatal accident;
D. Violation of Ohio R.C. 4506.03 or a substantially equivalent municipal ordinance or county or township resolution, or of any substantially equivalent law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license with the proper class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported;
E. Violation of Ohio R.C. 4506.03 or a substantially equivalent municipal ordinance or county or township resolution, or of any substantially equivalent law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license being in the person’s possession;
F. Violation of Ohio R.C. 4511.33 or 4511.34, or any municipal ordinance or county or township resolution substantially equivalent to either of those sections, or any substantially equivalent law of another state or political subdivision of another state; or
G. Violation of any other law of this state, any law of another state, or any ordinance or resolution of a political subdivision of this state or another state that meets both of the following requirements:
1. It relates to traffic control, other than a parking violation;
2. It is determined to be a serious traffic violation by the United States Secretary of Transportation and is designated by the director as such by rule.
SNOWMOBILE. Any self-propelled vehicle designed primarily for use on snow or ice, and steered by skis, runners or caterpillar treads; has the same meaning as given in Ohio R.C. 4519.01.
SPECIAL ELEMENTARY SCHOOL. A school that meets all of the following:
(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.
STATE. A state of the United States and includes the District of Columbia.
STREET or HIGHWAY. Have the same meaning as in Ohio R.C. 4511.01.
STUDDED TIRE. Any tire designed for use on a vehicle and equipped with metal studs or studs of wear-resisting material that project beyond the tread of the traction surface of the tire.
TANK VEHICLE. Any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached to the vehicle or its chassis and have an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more. The term does not include a commercial motor vehicle transporting an empty storage container tank that is not designed for transportation, has a rated capacity of 1,000 gallons or more, and is temporarily attached to a flatbed trailer.
TESTER. A person or entity acting pursuant to a valid agreement entered into pursuant to Ohio R.C. 4506.09(B).
TEXTING. Manually entering alphanumeric text into, or reading text from, an electronic device. Texting includes short message service (SMS), e-mail, instant messaging, a command or request to access a world wide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Texting does not include the following:
(1) Using voice commands to initiate, receive, or terminate a voice communication using a mobile telephone;
(2) Inputting, selecting, or reading information on a global positioning system or navigation system;
(3) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
(4) Using, for a purpose that is not otherwise prohibited by law, a device capable of performing multiple functions, such as a fleet management system, a dispatching device, a mobile telephone, a citizens band radio, or a music player.
TEXTING WHILE DRIVING. Texting while operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Texting while driving does not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary.
TORT ACTION. A civil action for damages for injury, death, or loss to person or property. TORT ACTION includes a product liability claim, as defined in Ohio R.C. 2307.71, and as asbestos claim, as defined in Ohio R.C. 2307.91, but does not include a civil action for damages for breach of contract or another agreement between persons.
TRACTION ENGINE or TRACTOR. Applies to all self-propelling engines equipped with metal-tired wheels operated or propelled by any form of engine, motor or mechanical power.
TRUCK. Every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating of 10,000 pounds or less.
UNITED STATES. The 50 states and the District of Columbia.
UPGRADE. A change in the class of vehicles, endorsements, or self-certified status as described in subsection Ohio R.C. 4506.10(A)(1) that expands the ability of a current commercial driver’s license holder to operate commercial motor vehicles under this chapter or Ohio R.C. Chapter 4506.
USE OF A HANDHELD MOBILE TELEPHONE. Means:
(1) Using at least one hand to hold a mobile telephone to conduct a voice communication;
(2) Dialing or answering a mobile telephone by pressing more than a single button; or
(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.
VEHICLE. Has the same meaning as in Ohio R.C. 4511.01.
(ORC 4506.01, 4511.21(O), 4519.01) (1997 Code, §§ 432.20, 432.205, 432.22, 432.23, 432.32, 432.39, 432.40, 434.03, 434.04, 436.035, 436.076, 438.10, 438.24, 438.27, 438.30, 438.32, 440.02, 440.07, 442.01, 442.08, 448.01)