OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 178 Bill Analysis
135th General Assembly
Click here for S.B. 178’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsor: Sen. Wilson
Effective date:
Margaret E. Marcy, Attorney
SUMMARY
▪ Prohibits failing to change lanes or proceeding with caution around a stationary vehicle
that is in distress.
DETAILED ANALYSIS
Move Over Law
Current law requires drivers, under certain circumstances, to “move over” to the adjacent
lane or to slow down and proceed with caution in the same lane (when moving over is not
possible because of the road, weather, or traffic). Specifically, drivers must slow down or provide
extra space around public safety vehicles, emergency vehicles, certain utility vehicles, certain
weight-enforcement vehicles, waste collection vehicles, and highway maintenance vehicles when
those vehicles are stationary and displaying flashing, oscillating, or rotating lights.1
The bill requires drivers to similarly slow down or move over for stationary vehicles that
are in distress (e.g., a vehicle with a flat tire). A vehicle is in distress when the operator indicates
the condition through lit fuse, flares, red lights, red reflectors, red flags, emergency signs, or
flashing emergency/hazard lights.2
Penalty
The bill applies the current Move Over Law penalties to the new offense of failure to move
over for a vehicle in distress. Specifically, the offense is a predicate motor vehicle offense, thus a
minor misdemeanor, with gradually increasing degrees of offense if the person has other traffic
violations from within the past year. Failure to move over or slow down also carries a penalty of
1 R.C. 4511.213.
2 R.C. 4511.213(F).
December 5, 2024
Office of Research and Drafting LSC Legislative Budget Office
double-fines compared to other minor misdemeanor traffic offenses. Further, an additional $100
fine is charged if the offender was distracted and that distracting activity was a contributing
factor to the failure to move over or slow down.3
HISTORY
Action Date
Introduced 10-19-23
Reported, S. Transportation 11-20-24
Passed Senate (28-0) 12-04-24
ANSB0178PS-135/ts
3 R.C. 4511.213(D); R.C. 4511.991, not in the bill.
P a g e |2 S.B. 178
As Passed by the Senate
Statutes affected: As Introduced: 4511.213