(A) No person shall start a vehicle, streetcar, or trackless trolley which is stopped, standing, or parked until such movement can be made with reasonable safety.
Before backing, operators of vehicle, streetcars, or trackless trolleys shall give ample warning, and while backing they shall exercise vigilance not to injure person or property on the street or highway.
No person shall back a motor vehicle on a freeway, except: in a rest area; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle.
(B) 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 21
cases (4 in the last 5 years), 1954–2023 · leading case: Middleton v. Holbrook, 2016 Ohio 3387 (Ohio Ct. App. 2016).
Middleton v. Holbrook, 2016 Ohio 3387 (Ohio Ct. App. 2016). · cites it 3ד” R.C. 4511.38 states: (A) No person shall start a vehicle, streetcar, or trackless trolley which is stopped, standing, or parked until such movement can be made with reasonable safety.”
State v. Allen, 2021 Ohio 3047 (Ohio Ct. App. 2021). · cites it 5ד{¶ 44} On appeal, Allen claims that Officer Carter’s testimony “did not provide -15- sufficient evidence that [Allen] committed the traffic offense of improper backing, in violation of R.C. 4511.38. In addition, Officer Carter’s testimony was inconclusive that [Allen] was the…”
Buell v. Brunner, 460 N.E.2d 649 (Ohio Ct. App. 1983). · cites it 7ד” The second paragraph of R.C. 4511.38, rules for starting and backing vehicles, reads as follows: “Before backing, operators of vehicles, streetcars, or trackless trolleys shall give ample warning, and while backing they shall exercise vigilance not to injure person or property…”
Luong v. Schultz, 646 N.E.2d 1164 (Ohio Ct. App. 1994). · cites it 8דLuong argues that the court’s instruction on the statutory standards of conduct imposed by R.C. 4511.38 on public streets and highways were inapplicable to this case, which arose on private property, and therefore were erroneous.”
McCullough v. Youngstown Sch. Dist., 2019 Ohio 3965 (Ohio Ct. App. 2019). · cites it 3ד38(A), which provides: “No person shall start a vehicle, streetcar, or trackless trolley which is stopped, standing, or parked until such movement can be made with reasonable safety.”3 It is undisputed that the bus driver saw the student rolling, worried the student would roll…”
Cerny v. Domer, 235 N.E.2d 132 (Ohio 1968). · cites it 6ד” Section 4511.38, Bevised Code, provides, in part: “Before backing, operators of vehicles, streetcars, or trackless trolleys shall give ample warning, and wMle backing they shall exercise vigilance not to injure person or property on the street or highway.”
Murray v. Hills Cab Co., 198 N.E.2d 466 (Ohio Ct. App. 1963). · cites it 8דIt relates to Section 4511.38, Revised Code, which statute contains two paragraphs, the first of which says that “no person shall start a vehicle” which is stopped until he can do so with reasonable safety.”
State v. Johnson, 663 N.E.2d 675 (Ohio Ct. App. 1995). “02, and failure to stay within marked lanes of travel in violation of R.C. 4511.38. Appellant filed a motion to suppress, contending that DeWitt lacked reasonable suspicion to stop his vehicle and probable cause to arrest him for driving under the influence of alcohol.”
Davis v. Sunset Cylinder Exch., LLC (N.D. Ohio 2023). · cites it 23ד38 to Private Property The cited statute provides, in relevant part: Before backing, operators of vehicle, streetcars, or trackless trolleys shall give ample warning, and while backing they shall exercise vigilance not to injure person or property on the street or highway.”
State v. Knicely, 2014 Ohio 3437 (Ohio Ct. App. 2014). “11(A), and improper start in violation of R.C. 4511.38. Appellant pled not guilty and filed a motion to suppress 2.”
State v. Bagi, 2012 Ohio 3520 (Ohio Ct. App. 2012). · cites it 6דBagi was ticketed for improperly starting the semi- tractor trailer he was driving, in violation of R.C. 4511.38. Mr. Bagi allegedly struck another vehicle as he was pulling onto the road from the berm.”
State v. Cross, 137 N.E.2d 690 (Ohio Ct. App. 1956). · cites it 5דThe indictment charges that the defendant unintentionally caused the death of the decedent as a proximate result of the unlawful operation of his truck on a public street in the violation of §§4511.38, 4511.20 and 4511.46 R. C., which sections provide insofar as applicable: “Sec.”
McCullough v. Youngstown Sch. Dist., 2019 Ohio 3965 (Ohio Ct. App. 2019). “38(A), which provides: “No person shall start a vehicle, streetcar, or trackless trolley which is stopped, standing, or parked until such movement can be made with reasonable safety.”3 It is undisputed that the bus driver saw the student rolling, worried the student would roll…”
State v. Allen, 2021 Ohio 3047 (Ohio Ct. App. 2021). “{¶ 44} On appeal, Allen claims that Officer Carter’s testimony “did not provide -15- sufficient evidence that [Allen] committed the traffic offense of improper backing, in violation of R.C. 4511.38. In addition, Officer Carter’s testimony was inconclusive that [Allen] was the…”
Middleton v. Holbrook, 2016 Ohio 3387 (Ohio Ct. App. 2016). “” R.C. 4511.38 states: (A) No person shall start a vehicle, streetcar, or trackless trolley which is stopped, standing, or parked until such movement can be made with reasonable safety.”
State v. Bagi, 2012 Ohio 3520 (Ohio Ct. App. 2012). “Bagi was ticketed for improperly starting the semi- tractor trailer he was driving, in violation of R.C. 4511.38. Mr. Bagi allegedly struck another vehicle as he was pulling onto the road from the berm.”
Middleton v. Holbrook, 2016 Ohio 3387 (Ohio Ct. App. 2016). “” R.C. 4511.38 states: (A) No person shall start a vehicle, streetcar, or trackless trolley which is stopped, standing, or parked until such movement can be made with reasonable safety.”
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