OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 429 Bill Analysis
135th General Assembly
Click here for H.B. 429’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Click and Johnson
Effective date:
Larry Gunter, Jr., Research Analyst
SUMMARY
Creates an enhanced penalty that applies when a person commits one of 46 specified
general traffic offenses in a construction zone.
Replaces existing additional penalties for speeding and using an electronic wireless
communications device (EWCD) in a construction zone with the enhanced penalties
established by the bill.
Alters the parameters under which enhanced penalties apply for speeding or using an
EWCD in a construction zone.
Removes an exemption from enhanced penalties for speeding in a construction zone
that applies to indigent offenders.
Allows a private contractor performing construction to install speed monitoring devices
in a construction zone after consultation with the Department of Transportation or the
applicable local authority.
Requires the rules adopted by the Director of Public Safety governing classroom and
online driver education courses to include instruction on the dangers of and
requirements related to driving a motor vehicle in a construction zone.
DETAILED ANALYSIS
Additional penalty for traffic offenses in a construction zone
General traffic offense penalties
The bill creates an additional penalty that applies when a driver commits one of 46
specified traffic violations (known as “general traffic offenses,” see Appendix A below) in a
construction zone. Thus, if a driver commits a general traffic offense in a construction zone, the
driver is subject to the fine for the underlying traffic offense and the following additional
penalty for committing the underlying offense in the construction zone:
April 4, 2024
Office of Research and Drafting LSC Legislative Budget Office
For a first offense, a $400 fine and mandatory completion of a safe driving course
approved by the Department of Public Safety (DPS) Director;
For a second offense, an $800 fine, a 90-day driver’s license suspension, and mandatory
completion of a safe driving course approved by the DPS Director; or
For a third or subsequent offense, a $1,200 fine, a one-year driver’s license suspension,
and mandatory completion of a safe driving course approved by the DPS Director.
For example, if a person fails to stop at a stop sign in a construction zone and the
violation is a first offense, the resulting penalty would be a fine of up to $150 for the underlying
offense, as provided for in current law, plus the additional $400 fine and mandatory completion
of a safe driving course imposed under the bill.1
Speeding and using an EWCD in a construction zone
Under current law, a person who either speeds or uses an electronic wireless
communication device (EWCD) within a construction zone may be subject to doubled fines. For
example, if a person commits a speeding offense with no prior offenses, the person is subject to
a fine of up to $150. If the offense occurs within a construction zone, the fine is doubled to up
to $300.
Under the bill, the doubled fines are replaced by the bill’s additional penalties; so the
fine would be $150 for the underlying offense, plus the additional enhanced penalty of $400 for
committing the offense in a construction zone. Thus, the bill raises the possible fine for
speeding or using an EWCD in a construction zone.2 The bill also removes the current law
provision that exempts an indigent offender from having to pay the additional penalty for a
speeding offense in a construction zone. Thus, under the bill, an indigent offender must pay the
same fine amount for speeding in a construction zone as any other offender. 3
Construction zones
Under current law and the bill, a construction zone generally is a lane or portion of a
street or highway open to vehicular traffic and adjacent to a lane, berm, or shoulder of a street
or highway within which lane, berm, or shoulder some form of construction is being conducted.
As indicated above, current law imposes additional penalties for speeding or using an EWCD in
a construction zone. Those additional penalties apply when signs are erected indicating the
presence of a construction zone and when a violation occurs during hours of actual work within
the construction zone. The bill provides instead that its enhanced penalties for general traffic
offenses and for speeding and using an EWCD in a construction zone apply only if:
1R.C. 4511.43 and 4511.993(B) and (D). The Director must list all approved safe driving courses on DPS’s
website.
2 R.C. 4511.204, 4511.21, and 4511.993.
3 R.C. 4511.204, 4511.21(P), and 4511.993.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
1. Signs are erected as required under current law;
2. The underlying violation occurs when a construction worker is present in the
construction zone (regardless of the time of actual work within the construction zone);
and
3. The offense is corroborated by two or more witnesses or a video recorded by a body,
dash, or roadside camera.4
Speed monitoring devices used by private contractors
The bill allows a private contractor that performs construction work in a construction
zone to install speed monitoring devices that conform to the Department’s Manual of Uniform
Traffic Control Devices. However, the private contractor must first consult with the Department
of Transportation or the local authority with jurisdiction over the construction zone prior to
installation.
Speed monitoring devices are stationary machines placed near the roadway that display
the speed of passing traffic and typically include flashing lights. These devices are not used by
law enforcement when issuing traffic citations.5
Work zone safety instruction in driver’s education
The bill requires the rules adopted by the DPS Director governing classroom and online
driver education courses to include instruction on the dangers of and requirements related to
driving a motor vehicle in a construction zone. Current law requires a person who is under 18 to
complete either classroom or online driver education courses to be eligible for a driver’s
license.6
HISTORY
Action Date
Introduced 02-27-24
4 R.C. 4511.993(C) and 5501.27; R.C. 4511.98, repealed by the bill.
5 R.C. 5517.07.
6 R.C. 4508.02(C)(3).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
APPENDIX A
General Traffic Offenses
Description Citation
Proceeding through red light or stop sign when driving an emergency
R.C. 4511.03
or public safety vehicle
Disobeying a traffic control device R.C. 4511.12
Failing to comply with the requirements for proceeding through an R.C. 4511.132
intersection with a malfunctioning traffic control signal
Operating a vehicle without reasonable control R.C. 4511.202
Use of EWCD while driving by a person under 18 R.C. 4511.205
Speeding on a private road or driveway R.C. 4511.211
Failing to comply with requirements for passing certain stationary R.C. 4511.213
vehicles that are displaying flashing, oscillating, or rotating lights
Operating a vehicle at an unreasonably slow speed R.C. 4511.22
Operating a vehicle on an elevated structure (e.g., a bridge) at a speed R.C. 4511.23
greater than the posted maximum speed
Operating a vehicle on the wrong side of the road, unless an exception
R.C. 4511.25
applies
Street racing R.C. 4511.251
Failing to give half of the roadway to a vehicle proceeding in the
R.C. 4511.26
opposite direction
Violating the requirements for passing a vehicle proceeding in the R.C. 4511.27, 4511.28, and
same direction 4511.29
Driving left-of-center where prohibited R.C. 4511.30 and 4511.31.
Driving the wrong direction on a one-way road or through a rotary
R.C. 4511.32
traffic island
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
General Traffic Offenses
Description Citation
Failing to comply with lane requirements R.C. 4511.33
Following another vehicle more closely than is reasonable, or violating R.C. 4511.34
a specified requirement for following another vehicle
On a divided highway, operating a vehicle other than on the right side R.C. 4511.35
or operating over, across, or within the dividing space
Failing to comply with the law governing turning at an intersection or R.C. 4511.36
any traffic control device that indicates how to turn at an intersection
Proceeding in the wrong direction, upon a curve or near the crest of a R.C. 4511.37
grade, if the vehicle cannot be seen within 500 feet by any driver
Starting a vehicle before movement may be made with reasonable R.C. 4511.38
safety; backing up either on a freeway or without exercising vigilance
Turning or changing lanes without exercising due care; failing to use a R.C. 4511.39
turn or stop signal
Failing to comply with the provisions of law governing vehicle right-of- R.C. 4511.41 and 4511.42
way
Failing to abide by a stop sign or yield sign R.C. 4511.43
Failing to stop before crossing a sidewalk or entering a street from an R.C. 4511.431
alley, building, private road, or driveway
Failing to yield the right-of-way before entering or crossing a highway R.C. 4511.44
Failing to yield the right-of-way to a pedestrian on a sidewalk R.C. 4511.441
Failing to yield the right-of-way to a funeral procession, or failing to R.C. 4511.451
display a pennant while operating a vehicle in a funeral procession
Failing to yield the right-of-way to a pedestrian where the right-of-way R.C. 4511.46
is unclear
Failing to yield the right-of-way to a blind pedestrian who either is R.C. 4511.47
guided by a guide dog, or is carrying a predominately white or metallic
cane
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
General Traffic Offenses
Description Citation
Permitting a person on a bicycle, coaster, roller skates, sled, or other R.C. 4511.54
toy vehicle to attach to a vehicle
Failing to comply with requirements for operating a vehicle near a R.C. 4511.57, 4511.58, and
streetcar 4511.59
Driving through a safety zone R.C. 4511.60
Failing to stop for a railroad-grade crossing or failing to exercise due R.C. 4511.61
care before proceeding across such a grade crossing
Failing to comply with requirements for moving certain equipment R.C. 4511.64
with a low operating speed across a railroad-grade crossing
Driving upon, along, or across a highway that is closed and posted R.C. 4511.71
with appropriate signs
Driving a vehicle on a sidewalk R.C. 4511.711
Obstructing an intersection, crosswalk, or railroad-grade crossing R.C. 4511.712
Failing to comply with provisions for following a public safety or R.C. 4511.72
emergency vehicle or parking near a fire truck
Driving over an unprotected fire hose R.C. 4511.73
ANHB0429IN-135/ts
P a g e |6 H.B. 429
As Introduced
Statutes affected: As Introduced: 4508.02, 4511.03, 4511.12, 4511.132, 4511.202, 4511.204, 4511.205, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.251, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.72, 4511.73, 5501.27, 5517.07, 4511.98