§ 2131.271. Duties upon approaching stationary public safety vehicle displaying emergency light.

(a)

The driver of a vehicle, upon approaching a stationary public safety vehicle, an emergency vehicle, or a road service vehicle that is displaying the appropriate visual signals by means of flashing, oscillating, or rotating lights, as prescribed in Section 2137.16, shall do either of the following:

(1)

If the driver of the vehicle is traveling on a street or highway that consists of at least two (2) lanes that carry traffic in the same direction of travel as that of the driver's vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary public safety vehicle, an emergency vehicle, or a road service vehicle.

(2)

If the driver is not traveling on a street or highway of a type described in subsection (a)(1), or if the driver is traveling on a street or highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the vehicle, and maintain a safe speed for the road, weather, and traffic conditions.

(b)

This section does not relieve the driver of a public safety vehicle, an emergency vehicle, or a road service vehicle from the duty to drive with due regard for the safety of all persons and property upon the street or highway.

(c)

No person shall fail to drive a vehicle in compliance with subsection (a)(1) or (2) when so required by subsection (a).

(d)

(1)

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.

(2)

Notwithstanding Section 2929.21 of the Ohio Revised Code, upon a finding that a person operated a motor vehicle in violation of subsection (c), the court, in addition to all other penalties provided by law, shall impose a fine of two (2) times the usual amount imposed for the violation.

(e)

As used in this section, "public safety vehicle", "emergency vehicle", and "road service vehicle" have the same meaning as in Chapter 2101.

(Ord. 2120-03 § 1 (part); Ord. No. 1182-2014, § 2, 6-16-2014)