{Automobile Law ey x .. Approved May 11, 1908 ex In force on and after June 10, 1908 me | AUTOMOBILE DEPARTMENT _ CARMI A. THOMPSON Oe < SECRETARY OF STATE _ COLUMBUS, OHIO STATE OF OHIO Automobile Law Approved May 11, 1908 In force on and after June 10, 1908 AUTOMOBILE DEPARTMENT ~CARMI A. THOMPSON SECRETARY OF STATE COLUMBUS, OHIO @ * (Senate Bill No. 425) AN ACT To provide for the registra- ‘ tion, identification and regulation of motor vehicles. Be it enacted by the Gen- eral Assembly of the State of Ohio: Secrion-1. “Prat: the term “motor vehicle’ as used in this act, except where otherwise expressly provided, shall include all vehicles propelled by any power other than muscular power, except motor bicy- cles, motor cycles, motor trucks or drays used ex- clusively for, commercial purposes, road rollers; trac- tion engines, fire engines, police patrol wagons, ambu- Jances and such vehicles as run only upon rails or tracks: \* Section 2. The term “lo- cal authorities” shall in- clude all officers of counties, cities, villages or towns, as well as all boards, commit- ¢ Motor vehicle © defined, Local author- ities. Chauffeur. State. Owner of. Annual cation, appli- 4 tees, and other public off- cials of such counties, cities, villages or towns. Sécrion 3. The term “chauffeur” shall mean any person operating a motor - vehicle for hire, or as the employee of the owner thereof. Section 4. The term “state” as used in this act, except where otherwise ex- pressly provided, shall in- clude the territories and the federal districts of the United States. Section 5. The term “owner of” or “person here- after acquiring” shall in- clude any person renting a motor vehicle or the exclu- sive use thereof, under a lease or otherwise, for a period greater than thirty days. Section 6. Every owner of a motor vehicle or ve- hicles, which shall be oper- ated or driven upon the pub- lic roads or highways of this state, shall annually for each. motor vehicle owned or ac- quired, except as _ herein otherwise provided, cause to 5 be filed by mail or other- wise, upon the payment of a registration fee of five dollars for such gasoline or steam motor vehicle, and a registration fee of three dol- lars for each electric motor vehicle, in the office of the secretary of state, an appli- cation for registration, con- taining, A brief description of the vehicle to be registered, in- cluding the name of the manufacturer, the manufac- turer’s number of the motor vehicle, if number there be, the character of the motor power, and the amount of such motor power stated in figures of horse power. The name and address of the owner of such motor vehicle, and the name of the county of the state in which he resides.. But any person to whom an annual 1908 license has been issued by any munici- pality of this state prior to the time when this act shall take effect, shall be exempt from the provisions of sec- tions 6, 7, 8, 9, 10 and 11 Fees, gasoline or steam $5.00, Electric $3.00. Application, what to con- tain, Municipal license, effect of, Duty of Secy. of State, as to assigning num- bers, etc. 6 of this act up to and until January 1, 1909. Section 7. Upon the fil- ing in the office of the sec- retary of state of an applica- tion as hereinbefore pro- vided, the secretary of state or his duly authorized agent shall assign to such motor vehicle as described in such application a _ distinctive number, and shall issue to the owner of such motor ve- hicle, as it is described in the application filed, a cer- tificate of registration, which certificate shall be in form of a card, which may be carried in the pocket’ and which certificate shall con- tain the distinctive number so assigned to such motor vehicle, the name and the address of the owner, a brief description of such motor vehicle, stating the name of the manufacturer, the manufacturer’s number, if number there be, the char- acter of the motor power, and the amount of such mo- tor power stated in figures of horse power. 7 Section 8. Upon the re- ceipt of an application for registration of a motor ve- hicle as hereinbefore pro- vided the secretary of state shall thereupon file such ap- plication in his office, and register such motor vehicle, with the name and address of the owner thereof, and the facts stated in the appli- cation, in a book or index to be kept for the purpose, under the distinctive number and identification mark as- signed to such motor vehicle by the secretary of state, and issue to the applicant a cer- tificate as hereinbefore pro- vided. The original book or index in which the motor vehicles are registered as hereinbefore provided, shall be kept in the office of the secretary of state, and shall be open to the inspection of any person during reason- able business hours. An exact, full and accurate list ‘of registered motor vehicles and their owners, shall be furnished by the secretary of state to the clerk of every county in the state, and such Reeord; what to contain, List, furnished to county clerks monthly. Placard, front and rear. Description of placard, 8. lists shall be kept’ as public records, in books to be fur- nished by the secretary of ~ state, in the office of each county clerk, and the secre- tary of state shall further furnish to the county clerk of each county, once each month, copies of the addi- tional applications for regis- tration received, which shall be entered by the county clerk on the list kept by him as hereinbefore provided. Section 9. That every motor vehicle, registered in accordance with the provi- sions of this act, shall have the distinctive number and registration mark assigned to it by the secretary of state and furnished by the secre- tary of state, in accordance with the provisions of sec- tion 10 hereof, as hereinbe- fore provided, displayed on the front and rear of such motor vehicle, as an identifi- cation mark, _ securely fastened, so as not to swing. Section 10. That = such distinctive number as an identification mark shall consist of a blue placard, as the background, upon the face of which shall appear the distinctive number as- signed to stich motor ve- hicle as hereinbefore pro- vided in white Arabic nu- merals, such numerals to be not less than four inches long, nor each stroke less than one-half inch in width, such number to be followed on the placard by the initial or abbreviation of the name of this state in white letters, each letter to be at least two inches in height, and each stroke to be at least one- half an inch in width. Section 11. That in the case of a manufacturer or dealer in motor vehicles such manufacturer or dealer shall make application for registration in the same man- ner as hereinbefore provided, of each gasoline, steam, electric or other make of Manufaeturers, regulations as to. motor vehicle manufactured ° or dealt in by such manu- facturer or dealer, where- upon, upon the payment of a registration fee of ten dol- lars ($10.00) there shall be assigned to such style or Registration fee $10.00. Certified copies. Brakes and alarm devices. 10 type of motor vehicle a dis- tinctive number as an iden- tification mark, which shall be carried and displayed by every motor vehicle of such style or type registered in the same manner as herein- before provided, while such vehicle is being operated on the public highway, and un- til such vehicle shall be sold or let for hire, and there shall be issued to such man- ufacturer or dealer a cer- tificate of registration as hereinbefore provided for each gasoline, steam, elec- tric or other make of motor vehicle, and as many certi- fied copies thereof as may be desired, upon the payment of a fee of two dollars ($2.00) for each such copy. Section 12. Every motor vehicle operated and driven upon the public roads or highways of this state shall be provided with adequate brakes sufficient to control the vehicle at all times and a suitable and adequate bell, horn or other device fox sig- nalling, and shall during the period from thirty minutes 11 after sunset to thirty min- utes before sunrise, display three white lights, two on the front and one on the rear of each motor vehicle, the rays of which rear lamp shall shine upon and illumi- nate each and every part of the aforesaid distinctive number borne upon that part of the motor vehicle, the light of which front lamps shall be visible at least two hundred feet in the direction in which said mo- tor vehicle is proceeding, and every motor vehicle shall also display, in addi- tion to the foregoing, a red light on the rear thereof. Section 13. The provi- sions of the foregoing sec- tions shall not apply to mo- tor vehicles owned by non- residents of this state, pro- vided that the owners there- of shall have complied with the provisions of the law of the state of their residence in regard to motor vehicles, and shall comply with such law while operating and driving a motor vehicle upon the public roads or high- Lights, Non-residents, Speed. Speed limits, specified, 12 ways of this state: Provid- ed, however, that the fore- going sections of this act are substantially in force as law in the state of the residence of the owner of such motor vehicle, otherwise all provi- sions of this act shall apply. Section 14. No person shall operate a motor ve- hicle on the public roads or highways of this state at a rate of speed greater than is reasonable or proper, having regard to width, traffic and the use of the highway and the general and usual rules of the road or so as to en- danger the-property or life or limb of any person, or the safety of any property. Section 15. In no event shall any automobile, motor cycle or other motor vehicle be operated at a greater rate of speed than 8 miles an hour in the business and closely built up portions of any municipality. in this state, no more than 15 miles an hour in the other por- tions of such municipalities, no more than 20 miles an hour outside of such munic- 13 ipalities, which rates of speed shall not be di- minished nor prohibited by any ordinance, rule or regu- lation of any municipality, board or other public au- thority, but municipalities may by ordinance define what are the business and closely built up portions of such municipalities. Section 16. Any operator of a motor vehicle, upon meeting or overtaking a horse-drawn vehicle, or per- son on horseback, shall slow down and stop said motor vehicle when signalled so to do and shall remain in such condition until said horse- drawn vehicle or person on horseback, shall have safely passed. Provided, however, that such signal to stop shall be given in good faith and un- der the necessity of the cir- cumstances, ‘and only so often and for such length of time as shall be required to permit said vehicles to safely pass, whether approaching from the front or the rear. In case of accident to a per- Duty when meeting horsc- drawn vehicle. Accidents, ve- hicle to stop, in case of, ‘Chauffeurs, regulations as to. Application, what to specify, 14 son or property on the pub- lic highway, due to the op- eration thereon of a motor vehicle, the person operat- ing such vehicle, shall stop, and, upon request of a per- son injured, or any person present, give such person his name and address, and, if not'the owner, the name and address of such owner. SecTIoN 17. Every per- son hereafter desiring to operate a motor vehicle as a chauffeur, shall file in the office of the secretary of . state, upon the payment of the registration fee of two dollars ($2.00) an applica- tion for registration which shall state: The name and address of the applicant, and that he is competent to op- erate a motor vehicle; the trade name and the kind of motor power of the vehicles or vehicle he is competent to operate; and whether or not the applicant has ever been previously convicted of a violation of any ‘of the pro- visions of this act, giving the date and place of such con- 15 viction, and the provisions of this act violated, if any. SecTIon 18. Upon receipt of such an application, the secretary of state shall . thereupon file the same in his office in a book or index, which shall be kept in the same manner as the book on index for the registration of Record, same motor vehicles, as herein-* hue if am before provided, and the secretary of state shall for- ward a list of such regis- tered chauffeurs, and such additions thereto, as shall be made from time to time, to the county clerk of every county in the state, in the same manner as_hereinbe- fore provided in the case of registered motor ve- hicles, and such list shall Lists, furnished be kept as public records in ee the county clerk’s office in = every county in the state. Section 19. The -secre- tary of state shall forthwith, upon the registration of such chatiffeur, as hereinbe- fore provided, issue to such chauffeur a badge of alumi- Badge; de- num or other suitable metal S¢tiPtion of Badge to be worn by legal ewner, only. Time for com- pliance, limited. 16 which shall be oval in form and the greater diameter of which shall not be more than two inches; and such badge shall have stamped thereon the words, “Regis- tered Chauffeur No...... : State of Ofiio, c..sacsse = with the registration num- ber inserted thereon, which badge shall thereafter be worn by such chauffeur, fastened upon his clothing in a conspicuous place at all times, while he is operating a motor vehicle upon the public roads or highways of this state. Section 20. No chauffeur having registered as here- inbefore provided, shall vol- untarily permit any other person to wear his badge, nor shall any person while operating a motor vehicle upon the public roads or highways of this state wear any chauffeur’s badge, be- longing to another person, fictitiously representing him- self to be a registered chauf- feur, Section 21. No person shall operate a motor ve- 17 hicle as a chauffeur on- the -public roads or highways of this state, subsequently to thirty days after this act takes effect, unless such per- son shall have complied in all respects with the re- quirements of this section; provided, however, that a non-resident chauffeur, who has registered under the provisions of the law of the state of his residence, which are substantially similar to the provisions of this sec- tion, shall be exempt from registration under this sec- tion; provided, however, that he wear a badge as- signed to him in the state of his residence, in the same manner as hereinbefore pro- vided, and comply with all the other provisions of this section. SEcTION 22. No chauffeur or other person shall drive or Operate or cause to be driven or operated, any mo- tor vehicle upon any public road or highway of this state in the absence of the owner of such motor ve- Non-resident. Chauffeur must have. written consent of owner, Speed tests or races, Penalties (owner, m’f’r, or chauffeur). 18 hicle, without such owner’s written consent, SeEcTION 23. No local au- thority shall have any power to make any ordinance, by- law or resolution regulating the speed of motor, pro- vided, however,. that local authorities may set aside for a given time a specific pub- lic highway for speed’ tests or races. Section 24. The viola- tions of sections 6, 9, 11 and 12 of this act shall be punishable by a fine not ex- ceeding twenty-five dollars ($25.00) for a first offense, by a fine not less than twenty-five dollars ($25.00) and not exceeding fifty dol- lars ($50.00) for a second offense, and by a fine not less than fifty dollars ($50.00), and not more than one hundred _ dollars ($100.00) or imprisonment for not more than thirty days for a third and subse- quent offense. SecTIon 25. Any viola- tion of sections 14, 15 and 16 of this act shall be deemed prima facie evidence of a 19 misdemeanor punishable by a fine not exceeding twenty- five dollars ($25.00) for a first offense, and by a fine not less than twenty-five dollars ($25.00) and not ex- ceeding fifty dollars ($50.00) for a second offense, and by a fine not less than fifty dol- lars ($50.00) and not more than one hundred dollars ($100.00) or imprisonment for not more than thirty days for a third offense, and for or any subsequent of- fense, within one year, im- prisonment for not less than ten days, nor more than thirty days. SecTION 26. . Any person operating or driving a mo- tor vehicle on the highways of this state, which shall display thereon a distinctive number or identification mark, belonging to any other motor vehicle or one which is fictitious, shall be deemed guilty of a misde- meanor, which shall be pun- ishable by a fine of twenty- five dollars ($25.00) for a first offense and for any subsequent offense by a fine Penalties (owner, m’f’r, or chauffeur). Displaying false placard, penalty. Penalties (chauffeur). Penalties (chauffeur). 20 not less than fifty dollars ($50.00) or more than three hundred dollars ($300.00) or imprisonment for sixty _. days_or both. Section 27. Any viola- tion of section 17, of this act, by a person not regis- tered as a chauffeur, as hereinbefore provided, shall’ be punishable by a fine of not more than fifty dollars ($50.00) or the suspension of the right to apply for registration as a chauffeur, under this-act, for one year or both, and for a subse- quent or second offense by a fine of not more than one hundred dollars ($100.00) and in addition to the sus- pension of the right to apply for registration as a chauf- feur for a time not less than one year or more than two years. Section 28. Any _ viola- tion of sections 19, 20 or 21 of this act, by a chauffeur, registered as _ hereinbefore provided, shall be punishable by a fine not exceeding fifty dollars ($50.00), or by the suspension of the right / 41 to operate a motor vehicle as_a chauffeur under the provisions of this act for a period of six months or both, and for a second or subsequent offense by a fine of not less than fifty dollars ($50.00) and not exceeding one hundred _. dollars ($100.00) and in addition ‘the suspension of the right to operate a motor vehicle as a registered chauffeur under the provisions of this act. for one year, and for such further time as shall be fixed by the trial court. Section 29. Any viola- tion of sections 14, 15 and 16 of this act by a registered chauffeur shall be a misde- meanor and punishable as provided in section 25 and in addition thereto a sus- pension of the right to oper- ate a motor vehicle as a reg- istered chauffeur as herein- before provided for thirty days for a second offense and for a period of not less than one year for a third offense, in which case the registration of such chauf- Pemalties (chauffeur), Penalties (persons, other than owner). Magistrate’s certificate to Secy. of State. 22 feur shall become null and void. Section 30. Any person violating any of the provi- sions of section 22 of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined a sum not exceeding two hun- dred dollars ($200.00) or imprisonment for a period not exceeding six (6) months or both in the dis- cretion of the court. Section 381. Upon the conviction of any person for a violation of any of the provisions of this act, the magistrate or other judicial’ officer, before whom the proceedings are held shall immediately certify the facts of the case and the character of the punishment to the secretary of state, who shall enter the same, in the case of an owner or chauffeur either in the indices of reg- istered motor vehicles or registered chauffeurs as the case may be, opposite the name of the person convict- ed, as in the case of any other person, in an index of 23 offenders to be kept for such purpose, in alphabetical or- der. The secretary of state shall then send notice of the conviction and the punish- ment of all such persons, whether owners, chauffeurs, or other persons to the county clerk of every county in the state, who shall enter the same upon the lists of registered motor vehicles or registered chauffeurs as the case may be, which are kept by him as hereinbefore pro- vided, or upon a list of other offenders which he shall maintain in his office as a public record in the same manner as the regis- tered lists of motor vehicles ‘or chauffeurs as hereinbe- fore provided for, and shall furnish copies of such lists to the magistrates or other judicial officers of his county by whom the offenses against the provisions of this act are punishable. SEcTION 32. In case any person shall be taken into custody because of any vio- lation of any of the provi- sions of this act, he shall Notice to county clerks, Immediate hearing, pris- oner entitled to. Undertaking; how secured, 24 forthwith be taken before ‘any magistrate or justice of . the peace in any city or vil- lage or county, and be en- titled to an immediate hear- ing; and if such hearing cannot be had be released from custody on giving his personal undertaking to ap- pear in answer for such vio- lation at such time or place as Shall then be indicated, secured by a deposit of a sum equal to the maximum fine for the offense with which he is charged, or in lieu thereof, in case the per- son taken into custody is the owner, by leaving the motor vehicle, and in case the per- son taken into custody is not the owner, by leaving the motor vehicle with a written consent given at the time by the owner, who must be present, with such judicial officer; or in any case such judicial officer is not accessible be forthwith released from custody by giving his name and address to the person making the ar- rest and depositing! with such arresting officer a sum 25 equal to the maximum fine for the offense for which such arrest is made, or in lieu thereof, in case the person arrested is the owner by leaving the motor ve- hicle, and in case the per son is not the owner, by leaving the motor vehicle with a written consent given at the time by the owner who must be present; pro- vided, that in such case the officer making the arrest shall give a receipt in writ- ing for such sum or vehicle deposited and notify such persons to appear before the most accessible magistrate, naming him, specifying the date, place and the hour, In case such undertaking with security or deposit _ shall not be made by an owner or other person taken into custody, the provisions of law in reference to bail in cases of misdemeanors shall apply. Section 33. The reve- nues derived from the regis- tration fees provided for herein shall be applied by the secretary of state to- Officer’s receipt, Bail, Revenues; disposition of, Actions; where to be brought. Moneys; used for public roads. 26 ward defraying the expenses incident to the carrying out and enforcement of the pro- visions of this act, and any surplus thereof shall be paid by the secretary of state into the state treasury, monthly. All actions for injury to the person or property caused by the ‘negligence of the owner of any automobile in- cluded within the provisions of this act, may be brought by the party injured against the owner of such automo- bile in the county wherein such injured party resides. In case such action is begun, a summons against any de- fendant or defendants shall be issued to the sheriff of any county within the state of Ohio, wherein such de- fendant or defendants res- side, to be served upon such defendant or defendants, as in other civil actions, any law to the contrary provid-_ ing for the service of sum- mons in civil actions not- withstanding. Section 34. All moneys coming into the state treas- ury, pursuant to this sec- 27 tion, shall be there main- tained as a separate fund for the imporvement, mainte- nance and repair of the pub- lic roads ahd highways of this state, and shall be ap- portioned as the state high- way fund is apportioned by law. Section 35. This act shall be known as the “Automo- bile Law,” and shall take ef- fect and be~in force from and after thirty days after its approval by the gover- nor, SecTIon 86. That section 3490 of the Revised Statutes be amended so as to read as follows: Sec. 3490. All” persons driving carriages or vehicles of any description on any public turnpike, road or highway of this state, shall, on meeting carriages or ve- hicles of any description keep to the right so as to leave half of the road free, and all persons riding on horseback, or on bicycle, tri- cycle, tandem bicycle, loco- mobile, automobile, or motor vehicle, shall, on meeting Roads; provi- sions as to ve- hicles meeting thereon, 28 carriages or vehicles of any description, keep to the right so as to leave two-thirds of the road free. Section 37. That section 3490 -approved April 23, 1904, and an act entitled, “An act to compel owners and operators of motor ve- hicles to register with the secretary of state,’ passed April 2d, 1906, be and the same are hereby repealed.