(A) The department of transportation may determine those portions of any state highway where overtaking and passing other traffic or driving to the left of the center or center line of the roadway would be especially hazardous and may, by appropriate signs or markings on the highway, indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible, every operator of a vehicle or trackless trolley shall obey the directions of the signs or markings, notwithstanding the distances set out in section 4511.30 of the Revised Code.
(B) Division (A) of this section does not apply when all of the following apply:
(1) The slower vehicle is proceeding at less than half the speed of the speed limit applicable to that location.
(2) The faster vehicle is capable of overtaking and passing the slower vehicle without exceeding the speed limit.
(3) There is sufficient clear sight distance to the left of the center or center line of the roadway to meet the overtaking and passing provisions of section 4511.29 of the Revised Code, considering the speed of the slower vehicle.
(C) 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.
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.
Notes of Decisions
Cited in 9
cases, 1955–2014 · leading case: State v. Langenkamp, 739 N.E.2d 404 (Ohio Ct. App. 2000).
State v. Langenkamp, 739 N.E.2d 404 (Ohio Ct. App. 2000). · cites it 4ד” In addition, R.C. 4511.31 states: “The department of transportation may determine those portions of any state highway where overtaking and passing other traffic or driving to the left of the center or center line of the roadway would be especially hazardous, and may, by…”
State v. Weitbrecht, 1999 Ohio 113 (Ohio 1999). “29); and failing to obey hazardous zone markings (R.C. 4511.31). {¶ 2} Appellee filed a motion to dismiss the indictment, arguing that Ohio’s involuntary manslaughter statute (R.”
Slavick v. State, Dep't of Transp., 540 N.E.2d 748 (Ohio Ct. App. 1988). “” The fact that Slavick had proceeded lawfully prior to his passing the vehicle must be weighed against appellee’s failure to properly mark the roadway in determining which party’s negligence was more responsible for the accident.”
City of Middleburg Heights v. D'Ettorre, 742 N.E.2d 196 (Ohio Ct. App. 2000). “” Accordingly, we find no error in the trial court’s instructions to the jury on this issue.”
State v. Shackleford, 137 N.E.2d 637 (Ohio Ct. App. 1955). · cites it 12דThis is an appeal on questions of law from an order of the Common Pleas Court reversing a conviction of the defendant, appellee herein, in the Ravenna Municipal Court for a violation of Section 4511.31, Revised Code, and entering a final order of acquittal.”
State v. Wolf, 2014 Ohio 2698 (Ohio Ct. App. 2014). · cites it 17דWolf, appeals the judgment of the Chardon Municipal Court finding him guilty of violating R.C. 4511.31, Hazardous Zones, a minor misdemeanor.”
State v. Garver, 2011 Ohio 2349 (Ohio Ct. App. 2011). “43(A) and Improper Passing, in violation of R.C. 4511.31(A). {¶3} The two cases were joined upon motion of the State of Ohio and came to trial on June 8, 2009.”
Mann v. Lewis, 252 N.E.2d 191 (Ohio Ct. App. 1969). · cites it 2ד487 , when it held: “When a motorist enters the left side of a highway, before reaching the point where a yellow line begins, in order to pass a truck, and, while passing such truck, continues on the left side of the highway beyond the point where a yellow line begins on the…”
Chambers v. McFerren, 168 Ohio St. (N.S.) 398 (Ohio 1959). · cites it 2דSection 4511.31, Revised Code, provides as follows: “The Department of Highways may determine those portions of any state highway where overtaking and passing other traffic or driving to the left of the center or center line of the roadway would be especially hazardous, and may,…”
— Ohio Rev. Code § 4511.31(A) — 1 case
State v. Garver, 2011 Ohio 2349 (Ohio Ct. App. 2011). “43(A) and Improper Passing, in violation of R.C. 4511.31(A). {¶3} The two cases were joined upon motion of the State of Ohio and came to trial on June 8, 2009.”
— Ohio Rev. Code § 4511.31(B) — 1 case
State v. Wolf, 2014 Ohio 2698 (Ohio Ct. App. 2014). “Wolf, appeals the judgment of the Chardon Municipal Court finding him guilty of violating R.C. 4511.31, Hazardous Zones, a minor misdemeanor.”
— Ohio Rev. Code § 4511.31(B)(1) — 1 case
State v. Wolf, 2014 Ohio 2698 (Ohio Ct. App. 2014). “Wolf, appeals the judgment of the Chardon Municipal Court finding him guilty of violating R.C. 4511.31, Hazardous Zones, a minor misdemeanor.”
— Ohio Rev. Code § 4511.31(B)(3) — 1 case
State v. Wolf, 2014 Ohio 2698 (Ohio Ct. App. 2014). “Wolf, appeals the judgment of the Chardon Municipal Court finding him guilty of violating R.C. 4511.31, Hazardous Zones, a minor misdemeanor.”
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