As Passed by the Senate
136th General Assembly
Regular Session Sub. S. B. No. 16
2025-2026
Senator Wilson
Cosponsors: Senators Brenner, Cirino, Craig, Wilkin, Smith, Antonio, Blackshear, DeMora, Gavarone, Hicks-Hudson, Ingram, Johnson, Landis, Lang, O'Brien, Patton, Reineke, Romanchuk, Timken, Weinstein
To amend section 4511.213 of the Revised Code to prohibit failing to change lanes or proceed with caution around a stationary vehicle in distress.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.213 of the Revised Code be amended to read as follows:
Sec. 4511.213. (A) The driver of a motor vehicle, upon approaching a stationary vehicle in distress or upon approaching a stationary public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle that is displaying the appropriate visual signals by means of flashing, oscillating, or rotating lights, as prescribed in section 4513.17 of the Revised Code, shall do either of the following:
(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver's motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary vehicle in distress, public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle.
(2) If the driver is not traveling on a highway of a type described in division (A)(1) of this section, or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather, and traffic conditions below the posted speed limit.
(B) This section does not relieve the driver of a vehicle in distress, public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.
(C) No person shall fail to drive a motor vehicle in compliance with division (A)(1) or (2) of this section when so required by division (A) of this section.
(D)(1) Except as otherwise provided in this division and division (F) of this section, whoever violates this section is guilty of a minor misdemeanor. 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. 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.
(2) Notwithstanding section 2929.28 of the Revised Code and except as provided in division (F) of this section, upon a finding that a person operated a motor vehicle in violation of division (C) of this section, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation.
(3) 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 section 4511.991 of the Revised Code. Division (D)(3) of this section does not apply to an offense when the stationary vehicle is a vehicle in distress.
(E)
The
Except
as otherwise provided in division (F) of this section, the offense
established under this section is a strict liability offense and
section 2901.20 of the Revised Code does not apply. The designation
of this 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)(1) Whoever knowingly violates this section when the stationary vehicle is a vehicle in distress is guilty of a minor misdemeanor.
(2) An arrest or conviction for an offender under division (F)(1) of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person's appearance as a witness.
(G) As used in this section, "vehicle in distress" includes all of the following:
(1) Any disabled vehicle indicating its disability as required under section 4513.28 of the Revised Code;
(2) Any vehicle that is not subject to section 4513.28 of the Revised Code near which a fusee, flare, or other emergency sign is displayed;
(3) Any vehicle that is displaying flashing emergency lights or hazard lights.
Section 2. That existing section 4511.213 of the Revised Code is hereby repealed.
Section 3. Section 4511.213 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 95 and S.B. 127 of the 132nd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.