§ 2131.03. Overtaking, passing to left; driver's duties.

(a)

The following rules govern the overtaking and passing of vehicles proceeding in the same direction:

(1)

The operator of a vehicle overtaking another vehicle proceeding in the same direction shall, except as provided in subsection (a)(3), signal to the vehicle to be overtaken, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(2)

Except when overtaking and passing on the right is permitted, the operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle at the latter's audible signal, and the operator shall not increase the speed of the operator's vehicle until completely passed by the overtaking vehicle.

(3)

The operator of a vehicle overtaking and passing another vehicle proceeding in the same direction on a divided street or highway as defined in Section 2131.31, a limited access highway as defined in Section 5511.02 of the Ohio Revised Code or a highway with four (4) or more traffic lanes, is not required to signal audibly to the vehicle being overtaken and passed.

(4)

When overtaking a bicycle or mobility device, the safe distance in subsection (a)(1) shall be no less than six (6) feet for the operator of a commercial trailer, commercial truck, semitrailer, trailer, or bus, except as provided in subsection (a)(5).

(5)

When overtaking a bicycle or mobility device, the safe distance in subsection (a)(1) shall be no less than three (3) feet for a bus operated by a transit agency that has implemented a training program that promotes safe bus operation and any other motor vehicle except as provided in subsection (a)(4).

(b)

Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one (1) year of the offense, the offender previously has been convicted of two (2) or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(ORC 4511.27; Ord. 1579-72: Ord. 2120-03 § 1 (part); Ord. No. 1182-2014, § 2, 6-16-2014; Ord. No. 2539-2018 , § 2, 9-24-2018)