OHIO R-O-W LEGISLATION

Making our Roads Safer

I have been representing injured motorcyclists since 1977, and I can’t begin to count the number of clients who were injured in accidents when a driver violated their right-of-way by turning in front of their motorcycle. My type of law practice deals with the aftermath of enormous mental and physical trauma and, more often than not, the dismay, disbelief and outright anger when the wrongdoer walks away with a minimal fine and perhaps a couple of points added to their licenses.

This past winter, an ad hoc group of concerned motorcyclists began meeting at the AMA headquarters in Columbus to lay out a game plan for enacting legislation to stiffen penalties against drivers who violate our right-of-way and cause an accident resulting in serious injury or death.

The fruits of our labor were realized on June 29^th when Senate Bill 158 was introduced by Senator Charlie Wilson (D-Bridgeport), which seeks to increase fines and penalties for those motor vehicle operators convicted of or pleading guilty to an assured clear distance, marked lane, or right-of-way violation that causes serious harm to another person or results in a fatality.

Currently co-sponsored by Senators Joy Padgett (R-Coshocton), Ray Miller (D-Columbus), Marc Dann (D-Liberty Township), Robert F. Hagan (D-Youngstown), C. J. Prentiss (D-Cleveland), Kimberly A. Zurz (D-Green), and Teresa Fedor (D-Toledo), SB-158 seeks to make Ohio roadways safer by holding ALL motor vehicle operators more accountable for their actions.

If your state senator is already a sponsor of SB-158, contact him or her to say “thank you.” If your state senator isn’t listed above, NOW is a great time to contact them to request that they become a co-sponsor.

You are encouraged to send your letter of thanks or support of SB-158 to your senator at the Ohio General Assembly, Senate Building, Columbus, Ohio 43215.

When contacting your senator, use the following points to explain why you feel SB-158 is needed in Ohio:

• An assured clear distance, marked lane, or right-of-way violation is currently considered a minor misdemeanor, regardless of the outcome to anyone involved in a traffic crash.
• Vulnerable roadway users, such as motorcyclists, bicyclists, and pedestrians, often pay a terrible price for the distracted, careless, reckless, or negligent actions of motor vehicle operators.
• The bill applies equally to ALL motor vehicle operators; it does not create a special class of victims.
• A portion of the fines collected under this bill would be used by the Ohio Department of Public Safety to fund educational activities related to highway safety.
• The bill does not call for mandatory sentencing; it provides the courts with tougher sentencing tools to use when someone is convicted of or pleads guilty to a violation of one of the covered sections of the Ohio Revised Code.
• The bill would require anyone issued a citation for a covered violation that resulted serious injury or death to appear in court to answer the charge; the citation would be “non-waiverable”. 
• Ohio joins with 16 other states in considering legislation to toughen penalties for traffic violations that kill or injury thousands of people each year.

SB-158 is the direct result of the efforts of a group of concerned motorcyclists, representing organizations from all over Ohio, getting together to work on an issue of importance to all roadway users. The Ohio Right-of-Way Working Group began meeting in December 2004 to seek changes to the Ohio Revised Code for driving activities that seriously harm or kill others.

The bill is consistent with the AMA Justice for All nationwide campaign to hold all motor vehicle operators more accountable for their actions on our roadways.

In addition to Imre Szauter of the American Motorcyclist Association, the Ohio Right-of-Way Working  Group consists primarily of Hairy George of ABATE of Ohio; Mike Warren of the Concerned Motorcycle Riders of Ohio (CMRO); Mike “The Beast” Stanley and Ted “Kawboy” Penn Jr. of the Columbus Coalition of Motorcycle Riders; Barb Clements for the Confederation of Clubs of Ohio (COC); and Duke Jones and Kristy O’Leary of TRAIN MRO.

We are also seeking support from other interested groups such as bicycle organizations, pedestrian groups and law enforcement. If you belong to any such groups, or know someone who does, please let us know if you would consider supporting our efforts to make Ohio roadways safer by holding vehicle operators more responsible for their careless or negligent actions.

Lastly, if you belong to a motorcycle club or organization and would be interested in having a speaker attend one of your meetings to inform your members of our progress and the status of SB-158, please call me at (800) 582-5577.   

With all of us working together to enact SB-158 into law, then maybe the victims of R-O-W serious crashes might obtain some comfort in the knowledge that the wrongdoer doesn’t just walk away with a mere slap on the wrist.

Ride Safe, Ride Protected!