OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 670 Bill Analysis
134th General Assembly
Click here for H.B. 670’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Lepore-Hagan and Hoops
Effective Date:
Margaret E. Marcy, Attorney
SUMMARY
Requires a vehicle operator to watch, listen, and stop for on-track equipment that may
be approaching a railroad crossing.
Applies the current penalties for failing to watch, listen, and stop for trains to failing to
watch, listen, and stop for on-track equipment.
DETAILED ANALYSIS
Stopping for on-track equipment at a railroad crossing
The bill requires a vehicle1 operator to watch, listen, and potentially stop for on-track
equipment (see “On-track equipment,” below) that may be approaching a railroad
crossing, in the same way that an operator is required to watch, listen, and stop for a train
under current law. Thus, under the bill, a vehicle operator must watch, listen, and stop between
15 and 50 feet away from the tracks of a railroad crossing under any of the following
circumstances:
1. A clearly visible electric or mechanical signal device gives off its warning for an
approaching or passing train or other on-track equipment;
2. A crossing gate is lowered;
1”Vehicle” means every device, including a motorized bicycle and an electric bicycle, in, upon, or by
which any person or property may be transported or drawn upon a highway, except that “vehicle” does
not include any motorized wheelchair, any electric personal assistive mobility device, any low-speed
micromobility device, any personal delivery device, any device that is moved by power collected from
overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device,
other than a bicycle, that is moved by human power. R.C. 4511.01(A), not in the bill.
May 13, 2022
Office of Research and Drafting LSC Legislative Budget Office
3. A flag person gives off a warning for an approaching or passing train or other on-track
equipment;
4. There is insufficient space on the other side of the railroad crossing so that the vehicle
would block the tracks and obstruct other vehicles, pedestrians, trains, or other on-track
equipment from passing;
5. An approaching train or other on-track equipment is emitting an audible signal or is
plainly visible, thus, making it hazardous to cross; and
6. There is insufficient undercarriage clearance on the vehicle to safely negotiate the
crossing.2
Vehicles required to stop every time
Certain motor vehicle operators are required to watch, listen, and stop at railroad
crossings every time they approach such a crossing, including an operator of a school bus,
school vehicle, or vehicle transporting a material or materials required to be placarded as
hazardous material under federal law.3 Additionally, an operator of a construction vehicle is
also required to stop every time at a railroad crossing.4 Under the bill, such operators are
required to watch and listen for on-track equipment, in addition to watching and listening for
trains, as under current law.
Penalties
The penalties that apply under current law related to failure to watch, listen, and stop
for a train, the bill also applies to failure to watch, listen, and stop for on-track equipment.
Those penalties are as follows:
1. Failure to watch, listen, and stop under any of the circumstances listed in 1 to 6 above:
fourth degree misdemeanor;
2. An operator of a vehicle blocking the tracks (#4 above): minor misdemeanor/predicate
motor vehicle offense;
3. An operator of a school bus, school vehicle, or vehicle carrying hazardous material that
is required to watch, listen, and stop every time that operator approaches a railroad
crossing: minor misdemeanor for first offense and fourth degree misdemeanor if it is
the second offense or the offender previously was convicted of or pled guilty to another
specified school bus-related offense; and
2 R.C. 4511.62(A) and 4511.712(A).
3 R.C. 4511.63(A); 49 Code of Federal Regulations (C.F.R.) Parts 100-185.
4R.C. 4511.64(A). Examples of construction vehicles include a crawler-type tractor, steam shovel,
derrick, roller, or any equipment or structure having a normal operating speed of six or less miles per
hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway.
P a g e |2 H.B. 670
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
4. An operator of a construction vehicle that is required to watch, listen, and stop every
time that operator approaches a railroad crossing: minor misdemeanor/predicate motor
vehicle offense.5
On-track equipment
On-track equipment generally includes the large and heavy construction, repair, and
cleaning equipment used on railroads. This type of equipment is used for tasks such as repairing
the tracks, clearing snow, additional construction, and other activities needed to keep railroad
tracks clean, clear, and safe for trains. The equipment is often as big as a locomotive and, thus,
can be as dangerous around railroad crossings as a train.
HISTORY
Action Date
Introduced 05-12-22
ANHB0670IN-134/ec
5 R.C. 4511.62(C), 4511.63(D), 4511.64(C), and 4511.712(B). A predicate motor vehicle offense is a
specified group of traffic offenses in which an offender is guilty of a minor misdemeanor for the first
violation of any of the offenses within one year, a fourth degree misdemeanor for the second violation
of any of the offenses within one year, and a third degree misdemeanor for a third or subsequent
violation of any of the offenses within one year. R.C. 4511.01(III).
P a g e |3 H.B. 670
As Introduced
Statutes affected: As Introduced: 4511.62, 4511.63, 4511.64, 4511.712