In Speeding Part 1 we discussed the Ohio Revised Code Section 4511.21(a) Speeding/Assured Clear Distance. In Part 2 we will discuss the posted speed limits. Since the ORC is quite explicit on the subject of speeding, I will touch on the most common violations. 4511.21 describes in detail what constitutes a school zone, a business district, a residential district and so on. When dealing with this matter, a posted speed limit is determined by engineer’s using geometric calculation, stopping distances and what is called prima facie evidence which is a Latin term meaning “On the face of it.”
Prima facie evidence may indicate a reasonable and safe speed may be higher or lower than the posted limit. In one case I had the driver of a Corvette argued that a stretch of roadway was so straight and flat, the 93 mph speed he was doing was a reasonable speed. The judge decided differently since the road had residential driveways emptying onto it, was only two lanes and was not “New” pavement. The man was found guilty of going 93 in a 55 zone.
The ORC sets posted limits at 15 mph in alleys, 20 mph in school zones during restricted times, 25 mph in residential and business districts and 35 to 50 mph in urban areas not covered by the lower limits.
All roads outside of urban areas are 55 mph, some may be 60 when posted. Interstate freeways can range from 55 to 70 mph except in construction zones where posted. Speeding penalties in construction zones can be doubled.
For those who love to read law, following is the section of 4511.21 dealing with the speed limits. In Part 3 we will discuss the penalties and fines for speeding. And yes you can get jail time for speeding.
(1)(a) Twenty miles per hour in school zones during school recess and while children are going to or leaving school during the opening or closing hours, and when twenty miles per hour school speed limit signs are erected; except that, on controlled-access highways and expressways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by division (B)(4) of this section and on freeways, if the right-of-way line fence has been erected without pedestrian opening, the speed shall be governed by divisions (B)(9) and (10) of this section. The end of every school zone may be marked by a sign indicating the end of the zone. Nothing in this section or in the manual and specifications for a uniform system of traffic control devices shall be construed to require school zones to be indicated by signs equipped with flashing or other lights, or giving other special notice of the hours in which the school zone speed limit is in effect.
(2) Twenty-five miles per hour in all other portions of a municipal corporation, except on state routes outside business districts, through highways outside business districts, and alleys;
(3) Thirty-five miles per hour on all state routes or through highways within municipal corporations outside business districts, except as provided in divisions (B)(4) and (6) of this section;
(4) Fifty miles per hour on controlled-access highways and expressways within municipal corporations;
(5) Fifty-five miles per hour on highways outside municipal corporations, other than highways within island jurisdictions as provided in division (B)(8) of this section, highways as provided in division (B)(9) of this section, and highways, expressways, and freeways as provided in divisions (B)(12), (13), (14), and (16) of this section;
(6) Fifty miles per hour on state routes within municipal corporations outside urban districts unless a lower prima-facie speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the municipal corporation;
(8) Thirty-five miles per hour on highways outside municipal corporations that are within an island jurisdiction;
(9) Sixty miles per hour on two-lane state routes outside municipal corporations as established by the director under division (H) (2) of this section.
(10) Fifty-five miles per hour at all times on freeways with paved shoulders inside municipal corporations, other than freeways as provided in divisions (B) (14) and (16) of this section;
(11) Fifty-five miles per hour at all times on freeways outside municipal corporations, other than freeways as provided in divisions (B) (14) and (16) of this section;
(12) Sixty miles per hour for operators of any motor vehicle at all times on all portions of rural divided highways;
(13) Sixty-five miles per hour for operators of any motor vehicle at all times on all rural expressways without traffic control signals;
