SB 16

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  1
  prohibit failing to change lanes or proceed with  2
  caution around a stationary vehicle in distress.  3
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
      Section 1. That section 4511.213 of the Revised Code be  4
amended to read as follows:  5
      Sec. 4511.213. (A) The driver of a motor vehicle, upon  6
approaching a stationary vehicle in distress or upon approaching  7
a stationary public safety vehicle, emergency vehicle, road  8
service vehicle, waste collection vehicle, vehicle used by the  9
public utilities commission to conduct motor vehicle inspections  10
in accordance with sections 4923.04 and 4923.06 of the Revised  11
Code, or a highway maintenance vehicle that is displaying the  12
appropriate visual signals by means of flashing, oscillating, or  13
rotating lights, as prescribed in section 4513.17 of the Revised  14
Code, shall do either of the following:  15
      (1) If the driver of the motor vehicle is traveling on a  16
highway that consists of at least two lanes that carry traffic  17
in the same direction of travel as that of the driver's motor  18
Sub. S. B. No. 16  Page 2
As Passed by the Senate
vehicle, the driver shall proceed with due caution and, if  19
possible and with due regard to the road, weather, and traffic  20
conditions, shall change lanes into a lane that is not adjacent  21
to that of the stationary vehicle in distress, public safety  22
vehicle, emergency vehicle, road service vehicle, waste  23
collection vehicle, vehicle used by the public utilities  24
commission to conduct motor vehicle inspections in accordance  25
with sections 4923.04 and 4923.06 of the Revised Code, or a  26
highway maintenance vehicle.  27
       (2) If the driver is not traveling on a highway of a type  28
described in division (A)(1) of this section, or if the driver  29
is traveling on a highway of that type but it is not possible to  30
change lanes or if to do so would be unsafe, the driver shall  31
proceed with due caution, reduce the speed of the motor vehicle,  32
and maintain a safe speed for the road, weather, and traffic  33
conditions below the posted speed limit.  34
       (B) This section does not relieve the driver of a vehicle  35
in distress, public safety vehicle, emergency vehicle, road  36
service vehicle, waste collection vehicle, vehicle used by the  37
public utilities commission to conduct motor vehicle inspections  38
in accordance with sections 4923.04 and 4923.06 of the Revised  39
Code, or a highway maintenance vehicle from the duty to drive  40
with due regard for the safety of all persons and property upon  41
the highway.  42
       (C) No person shall fail to drive a motor vehicle in  43
compliance with division (A)(1) or (2) of this section when so  44
required by division (A) of this section.  45
       (D)(1) Except as otherwise provided in this division and  46
division (F) of this section, whoever violates this section is  47
guilty of a minor misdemeanor. If, within one year of the  48
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As Passed by the Senate
offense, the offender previously has been convicted of or  49
pleaded guilty to one predicate motor vehicle or traffic  50
offense, whoever violates this section is guilty of a  51
misdemeanor of the fourth degree. If, within one year of the  52
offense, the offender previously has been convicted of two or  53
more predicate motor vehicle or traffic offenses, whoever  54
violates this section is guilty of a misdemeanor of the third  55
degree.  56
       (2) Notwithstanding section 2929.28 of the Revised Code  57
and except as provided in division (F) of this section, upon a  58
finding that a person operated a motor vehicle in violation of  59
division (C) of this section, the court, in addition to all  60
other penalties provided by law, shall impose a fine of two  61
times the usual amount imposed for the violation.  62
       (3) If the offender commits the offense while distracted  63
and the distracting activity is a contributing factor to the  64
commission of the offense, the offender is subject to the  65
additional fine established under section 4511.991 of the  66
Revised Code. Division (D)(3) of this section does not apply to  67
an offense when the stationary vehicle is a vehicle in distress.  68
       (E) The Except as otherwise provided in division (F) of  69
this section, the offense established under this section is a  70
strict liability offense and section 2901.20 of the Revised Code  71
does not apply. The designation of this offense as a strict  72
liability offense shall not be construed to imply that any other  73
offense, for which there is no specified degree of culpability,  74
is not a strict liability offense.  75
       (F)(1) Whoever knowingly violates this section when the  76
stationary vehicle is a vehicle in distress is guilty of a minor  77
misdemeanor.  78
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As Passed by the Senate
       (2) An arrest or conviction for an offender under division  79
(F)(1) of this section does not constitute a criminal record and  80
need not be reported by the person so arrested or convicted in  81
response to any inquiries contained in any application for  82
employment, license, or other right or privilege, or made in  83
connection with the person's appearance as a witness.  84
       (G) As used in this section, "vehicle in distress"  85
includes all of the following:  86
       (1) Any disabled vehicle indicating its disability as  87
required under section 4513.28 of the Revised Code;  88
       (2) Any vehicle that is not subject to section 4513.28 of  89
the Revised Code near which a fusee, flare, or other emergency  90
sign is displayed;  91
       (3) Any vehicle that is displaying flashing emergency  92
lights or hazard lights.  93
       Section 2. That existing section 4511.213 of the Revised  94
Code is hereby repealed.  95
       Section 3. Section 4511.213 of the Revised Code is  96
presented in this act as a composite of the section as amended  97
by both H.B. 95 and S.B. 127 of the 132nd General Assembly. The  98
General Assembly, applying the principle stated in division (B)  99
of section 1.52 of the Revised Code that amendments are to be  100
harmonized if reasonably capable of simultaneous operation,  101
finds that the composite is the resulting version of the section  102
in effect prior to the effective date of the section as  103
presented in this act.  104