Ohio Rev. Code » Chapter 4511
Ohio Revised Code

Ohio Rev. Code § 4511.213 (2026)

Approaching stationary public safety vehicle displaying emergency light

✓ current as of May 2026
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Effective:
October 29, 2018
Latest Legislation:
Senate Bill 127, House Bill 95 - 132nd General Assembly
PDF:
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(A) The driver of a motor vehicle, upon approaching a stationary public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle that is displaying the appropriate visual signals by means of flashing, oscillating, or rotating lights, as prescribed in section 4513.17 of the Revised Code, shall do either of the following:

(1) If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver's motor 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, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle.

(2) If the driver is not traveling on a highway of a type described in division (A)(1) of this section, or if the driver is traveling on a 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 motor 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, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the public utilities commission to conduct motor vehicle inspections in accordance with sections 4923.04 and 4923.06 of the Revised Code, or a highway maintenance vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

(C) No person shall fail to drive a motor vehicle in compliance with division (A)(1) or (2) of this section when so required by division (A) of this section.

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

(2) Notwithstanding section 2929.28 of the Revised Code, upon a finding that a person operated a motor vehicle in violation of division (C) of this section, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation.

(3) If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under section 4511.991 of the Revised Code.

(E) The offense established under this section is a strict liability offense and section 2901.20 of the Revised Code does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 2012–2026 · leading case: State v. White, 2021-Ohio-2703, 176 N.E.3d 124.
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State v. White, 2021-Ohio-2703, 176 N.E.3d 124. · cites it 16× “He issued appellant a citation for R.C. 4511.213, failing to use “due caution” when approaching a stationary public safety vehicle displaying an emergency light.”
State v. Jacobs, 2013-Ohio-3797. · cites it 24× “The State promptly responded, and Jacobs replied thereto.”
State v. Payne, 2012-Ohio-4696. · cites it 7× “34 and R.C. 4511.213. For the reasons which follow, we disagree.”
State v. Anthony, 2019-Ohio-5410, 151 N.E.3d 13. “19(A)(1)(a) (Count 2), duties upon approaching stationary public safety vehicle displaying emergency light, a minor misdemeanor, in violation of R.C. 4511.213(A) (Count 3), stopping after accident, a felony of the second degree, in violation of R.”
Wheeler v. Estes Express Lines, 53 F. Supp. 3d 1032 (N.D. Ohio 2014). · cites it 2× “” O.R.C. § 4511.213(A)(1), (2). The evidence surrounding the alleged move-over violation is conflicting.”
State v. Clark, 2018-Ohio-2029, 101 N.E.3d 758. “See R.C. 4511.213(A)(1), (C) (requiring drivers, if possible, to "change lanes into a lane that is not adjacent to that of the stationary public safety vehicle").”
Cleveland v. Hyppolite, 2016-Ohio-7399, 76 N.E.3d 539. “According to the trooper, Hyppolite was stopped for violating R.C. 4511.213, which sets forth a driver’s “duties upon approaching stationary public safety, emergency, or a road service vehicle displaying flashing lights.”
State v. Farrell, 2021-Ohio-1554, 172 N.E.3d 488. “19(A)(1)(d), a first-degree misdemeanor; and failing to approach a stationary public safety vehicle displaying emergency lights with caution in violation of R.C. 4511.213, a minor misdemeanor. The traffic citation filed with the trial court shows that Farrell’s BAC was .”
State v. Bissell, 2026-Ohio-1965. “R.C. 4511.213(A)(1); see also R.C. 4513.17(D)(2) (only a public law enforcement officer can display flashing blue lights).”
Hopkins v. Porter, 2014-Ohio-757. “{¶33} Hopkins further asserts that the commissioners conceded that the chip spreader was a motor vehicle in their motion for summary judgment by citing R.C. 4511.213(A)(2) in their discussion regarding whether the chip spreader was an obstruction.”
Brecksville v. Bickerstaff, 2015-Ohio-5410. “27(b), which mirrors the language of R.C. 4511.213, states in relevant part: (A) The driver of a motor 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…”
City of Rocky River v. Zorc, 2018-Ohio-389, 105 N.E.3d 579. “The ordinance requires that a driver "approaching a stationary public safety vehicle" with emergency lights activated "shall," on a highway consisting of two or more lanes of traffic traveling in the same direction "shall proceed with due caution and, if possible with due regard…”
Show all 13 citing cases →
Ohio Rev. Code § 4511.213(A): 1 case
State v. Anthony, 2019-Ohio-5410, 151 N.E.3d 13. “19(A)(1)(a) (Count 2), duties upon approaching stationary public safety vehicle displaying emergency light, a minor misdemeanor, in violation of R.C. 4511.213(A) (Count 3), stopping after accident, a felony of the second degree, in violation of R.”
Ohio Rev. Code § 4511.213(A)(1): 6 cases
State v. White, 2021-Ohio-2703, 176 N.E.3d 124. “He issued appellant a citation for R.C. 4511.213, failing to use “due caution” when approaching a stationary public safety vehicle displaying an emergency light.”
State v. Jacobs, 2013-Ohio-3797. “The State promptly responded, and Jacobs replied thereto.”
Wheeler v. Estes Express Lines, 53 F. Supp. 3d 1032 (N.D. Ohio 2014). “” O.R.C. § 4511.213(A)(1), (2). The evidence surrounding the alleged move-over violation is conflicting.”
State v. Clark, 2018-Ohio-2029, 101 N.E.3d 758. “See R.C. 4511.213(A)(1), (C) (requiring drivers, if possible, to "change lanes into a lane that is not adjacent to that of the stationary public safety vehicle").”
State v. Bissell, 2026-Ohio-1965. “R.C. 4511.213(A)(1); see also R.C. 4513.17(D)(2) (only a public law enforcement officer can display flashing blue lights).”
Ohio Rev. Code § 4511.213(A)(2): 3 cases
State v. White, 2021-Ohio-2703, 176 N.E.3d 124. “He issued appellant a citation for R.C. 4511.213, failing to use “due caution” when approaching a stationary public safety vehicle displaying an emergency light.”
State v. Jacobs, 2013-Ohio-3797. “The State promptly responded, and Jacobs replied thereto.”
Hopkins v. Porter, 2014-Ohio-757. “{¶33} Hopkins further asserts that the commissioners conceded that the chip spreader was a motor vehicle in their motion for summary judgment by citing R.C. 4511.213(A)(2) in their discussion regarding whether the chip spreader was an obstruction.”
Ohio Rev. Code § 4511.213(D)(1): 1 case
State v. Jacobs, 2013-Ohio-3797. “The State promptly responded, and Jacobs replied thereto.”
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